GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of Procedure for Rail Level of Service Arbitration — 25
Record of arbitration hearing 25 The record of the arbitration consists of the following documents: (a) the written notice referred to in paragraph 169.33(1)(a) of the Act; (b) the shipper’s submission for arbitration; (c) each party’s proposal; (d) each party’s arbitration brief; (e) exhibits produced at the hearing; and (f) any applicable order made by the Agency under section 169.43 of the Act.
Rules of Procedure for Rail Level of Service Arbitration — 26
Arbitration decision 26 (1) The arbitrator’s decision must be made within seven days after the day on which the arbitration hearing ends. Copy of decision to parties (2) The arbitrator must provide each party with a signed copy of the decision.
Rules of Procedure for Rail Level of Service Arbitration — 27
Minor corrections 27 Within two business days after the day on which they receive the arbitrator’s decision, a party may apply to the arbitrator to correct (a) a clerical or typographical error; (b) an accidental error, slip, omission or other similar mistake; or (c) an error in calculation.
Rules of Procedure for Rail Level of Service Arbitration — 28
Registration 28 These Rules come into force on the day on which they are registered.
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
Whereas the Governor in Council has made the Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act under subsection 36(5.1) a of the Fisheries Act b ;
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
And whereas the conditions established in those Regulations for the exercise of the Minister’s regulation-making power under subsection 36(5.2) a of that Act have been met;
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
Therefore, the Minister of the Environment, pursuant to subsection 36(5.2) a of the Fisheries Act b , makes the annexed Experimental Lakes Area Research Activities Regulations .
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
Ottawa, April 16, 2014 LEONA AGLUKKAQ Minister of the Environment
Experimental Lakes Area Research Activities Regulations — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Fisheries Act . ( Loi ) aquatic research project means a project that involves the deposit of a deleterious substance in water frequented by fish and any monitoring related to that project. ( projet de recherche aquatique ) deleterious substance has the same meaning as in subsection 34(1) of the Act. ( substance nocive ) Director means the Director, Forest Products and Fisheries Act Division, Industrial Sectors Directorate, Environmental Stewardship Branch, Department of the Environment. ( directeur ) Experimental Lakes Area means the area located in Ontario and comprising the lakes set out in Schedule 1 and the streams set out in Schedule 2. ( Région des lacs expérimentaux ) operator means the person who manages the Experimental Lakes Area. ( exploitant )
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
aquatic research project means a project that involves the deposit of a deleterious substance in water frequented by fish and any monitoring related to that project. ( projet de recherche aquatique )
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
deleterious substance has the same meaning as in subsection 34(1) of the Act. ( substance nocive )
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
Director means the Director, Forest Products and Fisheries Act Division, Industrial Sectors Directorate, Environmental Stewardship Branch, Department of the Environment. ( directeur )
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
Experimental Lakes Area means the area located in Ontario and comprising the lakes set out in Schedule 1 and the streams set out in Schedule 2. ( Région des lacs expérimentaux )
Experimental Lakes Area Research Activities Regulations — Experimental Lakes Area Research Activities Regulations
operator means the person who manages the Experimental Lakes Area. ( exploitant )
Experimental Lakes Area Research Activities Regulations — 2
Application 2 These Regulations apply in respect of the Experimental Lakes Area.
Experimental Lakes Area Research Activities Regulations — 3
Authority to deposit deleterious substance 3 A deleterious substance may be deposited in the Experimental Lakes Area during the course of an aquatic research project if the purpose of the deposit is solely for scientific research and the conditions set out in sections 4 to 7 are met.
Experimental Lakes Area Research Activities Regulations — 4
Condition — annual report 4 The operator must, not later than March 31 of each year, submit to the Director a report for the preceding calendar year containing the following information: (a) the name of the operator; (b) the operator’s contact information, including their address and telephone number, and email address, if any; (c) the name and resumé, including a list of publications, of each person responsible for the supervision of every aquatic research project conducted in the Experimental Lakes Area; (d) contact information for each person referred to in paragraph (c), including their address and telephone number, and email address, if any; (e) the reporting period; (f) the date of the report; (g) the number of aquatic research projects conducted during the reporting period; and (h) the following information in respect of each aquatic research project conducted during the reporting period: (i) the title, (ii) the starting date and the actual or projected ending date, (iii) the name and affiliation of the lead researcher, (iv) a summary of the project, including how it has contributed or will contribute to the development of knowledge for the purpose of managing, conserving, protecting or restoring fish populations or water frequented by fish, (v) for each deposit, if any, made in the course of the project, the date and duration of the deposit, the location of the deposit, consisting of the lake or stream where the deposit is made and its latitude and longitude, the substance deposited and the amount deposited or the concentration of the substance in the deposit along with the flow rate of the deposit, (vi) a summary of the findings up to the end of the reporting period, (vii) a list of publications related to the project, if any, and (viii) a summary of any measures put in place to limit the harmful effects of any deposit on fish populations and water frequented by fish.
Experimental Lakes Area Research Activities Regulations — 5
Condition — emergency response plan 5 (1) The operator must prepare an emergency response plan, update it annually and make it readily available on site to the persons who are to implement it. Elements of the plan (2) The emergency response plan must include the following elements: (a) the identification of the risks for potential unanticipated deposits that could reasonably be expected to have harmful effects on fish, fish habitat or the use of fish by man; (b) a description of the processes put in place to prevent, prepare for and respond to those risks; (c) a list of individuals who are to be responsible for implementing the plan and a description of their roles and responsibilities; (d) the identification of the training required for those individuals; and (e) alerting and notification procedures, including the measures to be taken to notify members of the public who may be adversely affected by the unanticipated deposits referred to in paragraph (a).
Experimental Lakes Area Research Activities Regulations — 6
Condition — requirement to notify 6 The operator must notify a fishery officer or an inspector in writing as soon as feasible in the event of unanticipated morbidity and mortality in fish that occurs as a result of any aquatic research project conducted in the Experimental Lakes Area.
Experimental Lakes Area Research Activities Regulations — 7
Time limit for notification 7 The operator must notify the Director in writing if the processes referred to in section 3 of the Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act change in a way that could result in a failure to meet one or more of the conditions set out in that section, and must do so not later than 10 business days after that change occurs.
Experimental Lakes Area Research Activities Regulations — 8
Coming into force 8 These Regulations come into force on the day on which they are registered.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — a
Pursuant to subsection 8(3) a of the Canada Agricultural Products Act b , the Review Tribunal, continued by subsection 4.1(1) c of that Act, makes the annexed Rules of the Review Tribunal (Canada Agricultural Review Tribunal) . a S.C. 1995, c. 40, s. 32(1) b R.S., c. 20 (4 th Supp.) c S.C. 1995, c. 40, s. 29
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — Rules of the Review Tribunal (Canada Agricultural Review Tribunal)
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 8(3) a of the Canada Agricultural Products Act b , approves the making of the annexed Rules of the Review Tribunal (Canada Agricultural Review Tribunal) by the Review Tribunal.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 1
Inconsistency with Acts or regulations 1 In the event of any inconsistency between these Rules and an Act of Parliament or any regulation made under such an Act, that Act or regulation prevails to the extent of the inconsistency.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 2
Definition of holiday 2 In these Rules, holiday means a Saturday, Sunday or any other day defined as a holiday in subsection 35(1) of the Interpretation Act .
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 3
General principle 3 These Rules are to be interpreted and applied in order to permit the just, most expeditious and least expensive conduct of proceedings.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 4
Procedural matters not provided for 4 The Tribunal is to determine any procedural matter not provided for in these Rules in a manner that is consistent with these Rules.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 5
Calculation of time limits 5 Any time limit provided by these Rules or fixed by an order of the Tribunal that ends on a holiday is extended to the next day that is not a holiday.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 6
Extension of time limits 6 The Tribunal may extend any time limit fixed in these Rules before or after the end of the time limit.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 7
Official languages — Tribunal proceedings 7 All Tribunal proceedings are conducted in English or French, depending on the language chosen by the applicant.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 8
Communications with Tribunal 8 (1) A party may use English or French in any oral or written communication with the Tribunal. However, once the applicant has selected a language, all oral and written communications, including in documents and exhibits, must be made in that language, unless the parties consent to do otherwise. Default language selection (2) If the applicant does not indicate their choice of official language in their request, all oral and written communications, including in documents and exhibits, must be made in the language in which the request to the Tribunal is made. That language is deemed to be the language for the proceeding. Oral interpretation (3) If a party requires interpretation services in order to participate in or have a witness testify at a hearing in the official language in which the proceeding is conducted, the party must, at least seven days before the hearing, (a) notify the Tribunal of the requirement in writing; and (b) indicate whether the party requires interpretation services from a language other than English or French. Costs (4) A party who requires interpretation services from a language other than English or French must pay for the costs of those services.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 9
Dispensing with compliance 9 If the application of any rule would cause unfairness to a party, the Tribunal may release the party from the obligation of complying with the rule.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 10
Gap in evidence or non-compliance 10 (1) The Tribunal may draw the attention of a party to any gap in the evidence of its case or any non-compliance with these Rules. Remedy (2) On request, the Tribunal may permit the party to remedy any gap in its evidence or non-compliance on any conditions that the Tribunal considers just, before the end of the proceedings.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 11
Confidential material 11 (1) On request, the Tribunal may order that documents and exhibits that are to be filed be treated as confidential. Contents of request (2) The request must set out (a) the reasons for the confidential treatment of the documents and exhibits; and (b) the nature and extent of potential harm that could result from the disclosure of the documents and exhibits. Making of confidential documents and exhibits (3) Before making an order under subrule (1), the Tribunal must be satisfied that the documents and exhibits are to be treated as confidential, given the public interest in open and accessible proceedings.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 12
Definition of document 12 For the purposes of rules 15 to 17, document does not include a request for review.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 13
Request for review 13 Any request for review made under section 8, 9 or 11 or subsection 12(2) or 13(2) of the Agriculture and Agri-Food Administrative Monetary Penalties Act that was transmitted by fax or by electronic means must also be sent by registered mail to the Tribunal within 15 days after the day on which they are transmitted.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 14
Requirement to provide current contact information 14 A party must notify the Tribunal of their full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address, and of any change in their contact information, without delay.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 15
Manners of filing with Tribunal 15 (1) A document may be filed with the Tribunal in any of the following manners: (a) by hand delivery to the Tribunal’s head office; (b) by registered mail to the Tribunal’s mailing address; (c) by courier to the Tribunal’s mailing address; (d) by fax or other electronic means to the Tribunal; or (e) by ordinary mail to the Tribunal’s mailing address. Receipt after 5:00 p.m. (2) A document that is filed with the Tribunal after 5:00 p.m., local time of the place where the sender is located, is considered to have been received on the next day that is not a holiday.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 16
Service on any party 16 (1) A document may be served on a party in any of the following manners: (a) by hand delivery to the person that is the party; (b) by registered mail to the party’s mailing address; (c) by courier to the party’s mailing address; (d) by fax or other electronic means to the party; or (e) by ordinary mail to the party’s mailing address. Service to legal counsel or representative (2) A document may be served on a party who is represented by legal counsel or another duly authorized representative by serving it on that party’s legal counsel or duly authorized representative. Receipt of service after 5:00 p.m. (3) A document that is served on a party after 5:00 p.m., local time of the place where the sender is located, is deemed to have been received on the next day that is not a holiday.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 17
Registered mail or courier 17 (1) The filing or service of a document by registered mail or courier is effective on the day indicated on the receipt issued by the post office or courier service, as the case may be. Fax or other electronic means (2) The filing or service of a document by fax or other electronic means is effective on the day on which it is sent. Ordinary mail (3) The filing or service of a document by ordinary mail is effective on the day indicated on the postmark stamped on the envelope or, if no postmark is legible, on the day of the receipt.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 18
Individuals 18 (1) An individual may act in person or be represented by legal counsel or by another duly authorized representative. Corporations, partnerships or associations (2) A corporation, partnership or unincorporated association must be represented by legal counsel or by an officer, partner or member. Coordinates of counsel or representative (3) A party who is represented by legal counsel or another duly authorized representative must notify the Tribunal of the legal counsel or representative’s contact information and of any changes to such information within seven days after the day on which the change is made. Change of counsel or representative (4) A party may change its legal counsel or representative by notifying the Tribunal of the change and the contact information of the new legal counsel or representative within seven days after the day on which that change is made.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 19
Proceedings public 19 (1) Proceedings of the Tribunal are public. In camera proceedings (2) The Tribunal may order that a proceeding be held in camera at the request of any party if the party satisfies the Tribunal that the circumstances of the case warrant the request.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 20
Remote conference 20 The Tribunal may order that a hearing, or any other step in a proceeding, be conducted in whole or in part by teleconference, videoconference or any other form of electronic communication.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 21
Affidavit evidence 21 (1) A party may present evidence by affidavit by serving the affidavit on the other party and filing it with the Tribunal, (a) in the case of a proceeding by written submissions, within 30 days after the expiry of the time limits set out in rules 36 or 52 ; or (b) in the case of a proceeding by oral hearing, at least 15 days before the hearing date. Availability of deponents (2) A party who intends to present evidence by affidavit must ensure that the deponent of the affidavit is available for cross-examination. The timing of the cross-examination is to be decided on the parties’ mutual consent or, if the parties do not consent, by the Tribunal. Transcript of cross-examination (3) A party who cross-examines the deponent of an affidavit must file the transcript of the cross-examination with the Tribunal within seven days after the day on which the cross-examination takes place.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 22
Taking notice 22 The Tribunal may take notice of any matter in order to expedite any proceeding.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 23
Order of proceeding 23 The Tribunal establishes the order of proceeding at the start of the oral hearing.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 24
Exclusion of witnesses 24 (1) The Tribunal may order witnesses to be excluded from the hearing while the other witnesses are called to give evidence. Recording of hearings (2) Hearings before the Tribunal may be recorded.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 25
Oath or solemn affirmation 25 (1) A person to be examined on an oral examination must take an oath or make a solemn affirmation before being examined. Examination, cross-examination and re-examination (2) A party at a hearing is entitled to examine their own witnesses, cross-examine any witnesses of the other party and re-examine their own witnesses on matters raised in cross-examination.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 26
Parties raising bias or conflict of interest 26 (1) A party that believes that a member of the Tribunal is not in a position to act impartially in a matter or is in a conflict of interest must immediately give written notice to the Tribunal, stating the reason for the opinion. Decision within seven days of notice (2) The Chairperson of the Tribunal must issue a decision within seven days after the day on which he or she receives a notice under subrule (1). Contents of decision (3) If the Chairperson determines that the member that was the subject of the notice is not in a position to act, the Chairperson must (a) exclude the member from the matter; and (b) give any directions that he or she considers necessary for the matter to be reconvened with a differently constituted Tribunal or order a new hearing.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 27
Tribunal member raising bias or conflict of interest 27 If a member of the Tribunal feels that he or she is not in a position to act impartially or cannot review a matter due to a conflict of interest, the Chairperson must direct that the matter be reconvened with a differently constituted Tribunal or order a new hearing.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 28
Application 28 This Part applies to all proceedings before the Tribunal initiated as a result of a request made in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Regulations or the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations under subsection 8(1), paragraph 9(2)(c) or paragraph 11(1)(b) of the Agriculture and Agri-Food Administrative Penalties Act .
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 29
Acknowledgement of receipt 29 Within seven days after the day on which the Tribunal receives a request referred to in rule 28 , the Tribunal must send (a) an acknowledgement of receipt of the request for review to the applicant; and (b) an acknowledgement of receipt of the request for review, along with a copy of the request for review, to the competent minister in relation to the violation or his or her delegated representative.
Rules of the Review Tribunal (Canada Agricultural Review Tribunal) — 30
Tribunal file 30 Within 15 days after the day on which the acknowledgement of receipt is sent, the Minister or his or her delegated representative must file with the Tribunal (a) proof of service of the notice of violation that is the subject of the review; and (b) a statement that there is no monetary penalty set out by the notice of violation or, if there is one, that it has not already been paid by the applicant.