GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Bretton Woods and Related Agreements Act — B-7 (f)
(f) The Tribunal shall be the judge of its own competence except that, if an objection is raised before the Tribunal to the effect that the dispute falls within the jurisdiction of the Board or the Council under Article 56 or within the jurisdiction of a judicial or arbitral body designated in an agreement under Article 1 of this Annex and the Tribunal is satisfied that the objection is genuine, the objection shall be referred by the Tribunal to the Board or the Council or the designated body, as the case may be, and the arbitration proceedings shall be stayed until a decision has been reached on the matter, which shall be binding upon the Tribunal.
Bretton Woods and Related Agreements Act — B-7 (g)
(g) The Tribunal shall, in any dispute within the scope of this Annex, apply the provisions of this Convention, any relevant agreement between the parties to the dispute, the Agency’s by-laws and regulations, the applicable rules of international law, the domestic law of the member concerned as well as the applicable provisions of the investment contract, if any. Without prejudice to the provisions of this Convention, the Tribunal may decide a dispute ex aequo et bono if the Agency and the member concerned so agree. The Tribunal may not bring a finding of non liquet on the ground of silence or obscurity of the law.
Bretton Woods and Related Agreements Act — B-7 (h)
(h) The Tribunal shall afford a fair hearing to all the parties. All decisions of the Tribunal shall be taken by a majority vote and shall state the reasons on which they are based. The award of the Tribunal shall be in writing, and shall be signed by at least two arbitrators and a copy thereof shall be transmitted to each party. The award shall be final and binding upon the parties and shall not be subject to appeal, annulment or revision.
Bretton Woods and Related Agreements Act — B-7 (i)
(i) If any dispute shall arise between the parties as to the meaning or scope of an award, either party may, within sixty days after the award was rendered, request interpretation of the award by an application in writing to the President of the Tribunal which rendered the award. The President shall, if possible, submit the request to the Tribunal which rendered the award and shall convene such Tribunal within sixty days after receipt of the application. If this shall not be possible, a new Tribunal shall be constituted in accordance with the provisions of Sections (a) to (d) above. The Tribunal may stay enforcement of the award pending its decision on the requested interpretation.
Bretton Woods and Related Agreements Act — B-7 (j)
(j) Each member shall recognize an award rendered pursuant to this Article as binding and enforceable within its territories as if it were a final judgment of a court in that member. Execution of the award shall be governed by the laws concerning the execution of judgments in force in the State in whose territories such execution is sought and shall not derogate from the law in force relating to immunity from execution.
Bretton Woods and Related Agreements Act — B-7 (k)
(k) Unless the parties shall agree otherwise, the fees and remuneration payable to the arbitrators shall be determined on the basis of the rates applicable to ICSID arbitration. Each party shall defray its own costs associated with the arbitration proceedings. The costs of the Tribunal shall be borne by the parties in equal proportion unless the Tribunal decides otherwise.
Bretton Woods and Related Agreements Act — B-7
Any question concerning the division of the costs of the Tribunal or the procedure for payment of such costs shall be decided by the Tribunal.
Bretton Woods and Related Agreements Act — B-7
Service of any notice or process in connection with any proceeding under this Annex shall be made in writing. It shall be made by the Agency upon the authority designated by the member concerned pursuant to Article 38 of this Convention and by that member at the principal office of the Agency.
Bretton Woods and Related Agreements Act — B-7 1
1 Candidates for the office of Director shall be nominated by the Governors, provided that a Governor may nominate only one person.
Bretton Woods and Related Agreements Act — B-7 2
2 The election of Directors shall be by ballot of the Governors.
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3 In balloting for the Directors, every Governor shall cast for one candidate all the votes which the member represented by him is entitled to cast under Section (a) of Article 40.
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4 One-fourth of the number of Directors shall be elected separately, one by each of the Governors of members having the largest number of shares. If the total number of Directors is not divisible by four, the number of Directors so elected shall be one-fourth of the next lower number that is divisible by four.
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5 The remaining Directors shall be elected by the other Governors in accordance with the provisions of paragraphs 6 to 11 of this Schedule.
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6 If the number of candidates nominated equals the number of such remaining Directors to be elected, all the candidates shall be elected in the first ballot; except that a candidate or candidates having received less than the minimum percentage of total votes determined by the Council for such election shall not be elected if any candidate shall have received more than the maximum percentage of total votes determined by the Council.
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7 If the number of candidates nominated exceeds the number of such remaining Directors to be elected, the candidates receiving the largest number of votes shall be elected with the exception of any candidate who has received less than the minimum percentage of the total votes determined by the Council.
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8 If all of such remaining Directors are not elected in the first ballot, a second ballot shall be held. The candidate or candidates not elected in the first ballot shall again be eligible for election.
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9 In the second ballot, voting shall be limited to (i) those Governors having voted in the first ballot for a candidate not elected and (ii) those Governors having voted in the first ballot for an elected candidate who had already received the maximum percentage of total votes determined by the Council before taking their votes into account.
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10 In determining when an elected candidate has received more than the maximum percentage of the votes, the votes of the Governor casting the largest number of votes for such candidate shall be counted first, then the votes of the Governor casting the next largest number, and so on until such percentage is reached.
Bretton Woods and Related Agreements Act — B-7 11
11 If not all the remaining Directors have been elected after the second ballot, further ballots shall be held on the same principles until all the remaining Directors are elected, provided that when only one Director remains to be elected, this Director may be elected by a simple majority of the remaining votes and shall be deemed to have been elected by all such votes.
Bridge To Strengthen Trade Act — B-8.05 1
Short title 1 This Act may be cited as the Bridge To Strengthen Trade Act .
Bridge To Strengthen Trade Act — B-8.05 2
Definitions 2 The following definitions apply in this Act. bridge means a bridge that spans the Detroit River and connects Windsor, Ontario to Detroit, Michigan and whose piers, in Ontario, are located within the boundaries of the territory described in the schedule, as well as the approaches to the bridge. ( pont ) construction in relation to the bridge, the parkway or a related work, includes any work or activity related to its construction. ( construction ) Minister means the Minister of Transport. ( ministre ) operation in relation to the bridge or a related work, includes its maintenance and repair. ( exploitation ) parkway means a road connecting Highway 401 with any work referred to in paragraph (a) or (b) of the definition related work that is located within the boundaries of the territory described in the schedule and any works ancillary to that road. ( promenade ) person means an individual, corporation, partnership, trust, joint venture or unincorporated association or organization. ( personne ) related work means any of the following works: (a) any border services facility related to the bridge that is located in Michigan or within the boundaries of the territory described in the schedule; (b) any work useful to the operation of the bridge or any border services facility referred to in paragraph (a), including toll booths, duty-free shops and parking lots, that is located in Michigan or within the boundaries of the territory described in the schedule; (c) any road or interchange connecting Interstate 75 with any work referred to in paragraph (a) or (b) that is located in Michigan; (d) any work that is accessory to the bridge or to any work referred to in paragraphs (a) to (c); and (e) any other work specified in the regulations. ( ouvrage connexe )
Bridge To Strengthen Trade Act — B-8.05
bridge means a bridge that spans the Detroit River and connects Windsor, Ontario to Detroit, Michigan and whose piers, in Ontario, are located within the boundaries of the territory described in the schedule, as well as the approaches to the bridge. ( pont )
Bridge To Strengthen Trade Act — B-8.05
construction in relation to the bridge, the parkway or a related work, includes any work or activity related to its construction. ( construction )
Bridge To Strengthen Trade Act — B-8.05
Minister means the Minister of Transport. ( ministre )
Bridge To Strengthen Trade Act — B-8.05
operation in relation to the bridge or a related work, includes its maintenance and repair. ( exploitation )
Bridge To Strengthen Trade Act — B-8.05
parkway means a road connecting Highway 401 with any work referred to in paragraph (a) or (b) of the definition related work that is located within the boundaries of the territory described in the schedule and any works ancillary to that road. ( promenade )
Bridge To Strengthen Trade Act — B-8.05
person means an individual, corporation, partnership, trust, joint venture or unincorporated association or organization. ( personne )
Bridge To Strengthen Trade Act — B-8.05 (a)
related work means any of the following works: (a) any border services facility related to the bridge that is located in Michigan or within the boundaries of the territory described in the schedule; (b) any work useful to the operation of the bridge or any border services facility referred to in paragraph (a), including toll booths, duty-free shops and parking lots, that is located in Michigan or within the boundaries of the territory described in the schedule; (c) any road or interchange connecting Interstate 75 with any work referred to in paragraph (a) or (b) that is located in Michigan; (d) any work that is accessory to the bridge or to any work referred to in paragraphs (a) to (c); and (e) any other work specified in the regulations. ( ouvrage connexe )
Bridge To Strengthen Trade Act — B-8.05 3
Exemption from certain Acts and regulations 3 The Fisheries Act , the Canadian Navigable Waters Act , the Species at Risk Act , section 6 of the International Bridges and Tunnels Act and the Port Authorities Operations Regulations do not apply to the construction of the bridge, parkway or any related work. 2012, c. 31, ss. 179 “3”, 183 2019, c. 28, s. 186
Bridge To Strengthen Trade Act — B-8.05 4
Exemption from Impact Assessment Act 4 (1) Subject to subsection (2), the Impact Assessment Act does not apply to the bridge, parkway or any related work. Expansion, decommissioning, abandonment (2) The expansion, decommissioning or abandonment of the bridge, parkway or any related work is a project as defined in section 81 of the Impact Assessment Act and is subject to sections 82 to 91 of that Act. 2012, c. 31, s. 179 “4” 2019, c. 28, s. 181
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Responsible authority 5 (1) A responsible authority is exempt from any obligation accrued or accruing under subsections 20(2) and 38(1) of the Canadian Environmental Assessment Act , chapter 37 of the Statutes of Canada, 1992, in relation to the bridge, parkway or any related work. Windsor Port Authority (2) The Windsor Port Authority is exempt from any obligation accrued or accruing under subsection 15(2) of the Canada Port Authority Environmental Assessment Regulations in relation to the bridge, parkway or any related work.
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Other exemptions 6 (1) The Governor in Council may, by order, exempt any person, on any condition that the Governor in Council considers to be in the public interest, from any requirement under any federal Act to obtain a permit, licence, approval or other authorization in relation to the construction of the bridge, parkway or any related work. Exemption from Statutory Instruments Act (2) The Statutory Instruments Act does not apply to the order. However, the order must be published in the Canada Gazette . Authorizations deemed issued (3) After completion of the construction of the bridge, parkway or the related work, as the case may be, any authorization that would have been required in relation to its construction but for an exemption granted under subsection (1), is deemed to have been issued for the purpose of the application of the federal Act for which the exemption was granted.
Bridge To Strengthen Trade Act — B-8.05 7
Construction of bridge 7 (1) Before a person who proposes the construction of the bridge begins its construction, they must file with the Minister a plan that includes all measures to be taken to mitigate the bridge’s impact on navigation, the plans for its design and construction, a description of its proposed site and the plans for its management and operation. Obligation to consult (2) The person must consult with the Minister before filing the plan.
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Death of fish or harmful alteration, disruption or destruction of fish habitat 8 (1) Before a person who proposes to carry on any work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the extent of death of fish or the harmful alteration, disruption or destruction of fish habitat, resulting from the carrying on of the work, undertaking or activity. Obligation to consult (2) The person must consult with the Minister of Fisheries and Oceans before filing the plan. Authorizations under Fisheries Act (3) Any authorization referred to in paragraph 35(2)(b) or (c) of the Fisheries Act that was issued before the coming into force of this section in relation to the carrying on of such a work, undertaking or activity is deemed to be a plan that has been filed in accordance with subsections (1) and (2). Transitional provision (4) If a plan was filed with respect to a work, undertaking or activity under subsection (1) as it read before the coming into force of this subsection, then, as of that coming into force, that subsection (1) continues to apply with respect to that work, undertaking or activity. 2012, c. 31, ss. 179 “8”, 184 2019, c. 14, s. 58
Bridge To Strengthen Trade Act — B-8.05 9
Impact on listed wildlife species, etc. 9 (1) Before a person who proposes to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization under subsection 73(1) of the Species at Risk Act would have been required but for section 3, begins to engage in the activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the impact of the activity on the species, its critical habitat or the residences of its individuals. Obligation to consult (2) The person must consult with the Minister of the Environment before filing the plan. Authorizations under Species at Risk Act (3) Any authorization referred to in subsection 73(1) of the Species at Risk Act that was granted before the coming into force of this section in relation to the activity is deemed to be a plan that has been filed in accordance with subsections (1) and (2).
Bridge To Strengthen Trade Act — B-8.05 10
Adverse environmental effects 10 Before a person who proposes the construction in Canada of the bridge or of any work referred to in paragraph (a) or (b) of the definition related work in section 2 begins its construction, they must file with the Minister a plan that includes all measures to be taken to mitigate any adverse environmental effects caused by the construction and sets out a process for consulting the public with respect to the construction.
Bridge To Strengthen Trade Act — B-8.05 11
Port Authorities Operations Regulations 11 (1) Before a person who proposes to do anything in the Port of Windsor — in order to construct the bridge — that will have or is likely to have any result that is listed in section 5 of the Port Authorities Operations Regulations begins to do any such thing, they must file with the Minister a plan that includes all measures to be taken to mitigate or prevent the result. Obligation to consult (2) The person must consult with the Windsor Port Authority before filing the plan.
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Plan amendment 12 (1) Any person who files a plan under any of sections 7 to 11 may amend that plan. Application of sections 7 to 11 to amended plan (2) The requirements regarding the content of a plan filed under any of sections 7 to 11, as well as any obligation to consult with respect to that plan, also apply to the corresponding amended plan. Filing of amended plan (3) The person must file the amended plan with the Minister. Once filed, the amended plan replaces the plan previously filed.
Bridge To Strengthen Trade Act — B-8.05 13
Implementation of and compliance with plans 13 Any person who files a plan must ensure that it is implemented and complied with.
Bridge To Strengthen Trade Act — B-8.05 14
Designation of initial operator 14 (1) The Minister may designate, in writing, a person as the initial operator of the bridge and any related work. Exemption from International Bridges and Tunnels Act (2) Paragraph 23(1)(b) of the International Bridges and Tunnels Act does not apply to the initial operator. Exemption from Statutory Instruments Act (3) The Statutory Instruments Act does not apply to the designation.
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Authorization — persons 15 (1) Any person may, with the approval of the Governor in Council, do anything referred to in any of paragraphs 90(1)(a) to (e) of the Financial Administration Act for any purpose relating to the construction or operation of the bridge or any related work. Authorization — parent Crown corporation (2) Any parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act may, with the approval of the Governor in Council, sell or otherwise dispose of all or substantially all of the corporation’s assets for any purpose relating to the construction or operation of the bridge or any related work.
Bridge To Strengthen Trade Act — B-8.05 16
Definition of corporation 16 For the purposes of sections 17 to 21, corporation means a corporation established under section 29 of the International Bridges and Tunnels Act for any purpose relating to the construction or operation of the bridge or any related work.
Bridge To Strengthen Trade Act — B-8.05 17
Authorization to construct and operate 17 (1) Subject to its letters patent, a corporation is authorized to construct and operate the bridge or any related work. Authorization by corporation (2) The corporation may authorize another person to construct or operate the bridge or related work.
Bridge To Strengthen Trade Act — B-8.05 18
Deeming — establishment of corporation 18 (1) A corporation that was established before the coming into force of section 180 of the Jobs and Growth Act, 2012 is deemed to have been established under section 29 of the International Bridges and Tunnels Act as amended by that section 180 and its establishment is deemed to have been authorized for the purpose of paragraph 90(1)(a) of the Financial Administration Act . Deeming — action taken by corporation (2) Any action taken by the corporation between the date of its establishment and the date of the coming into force of this section is deemed to have been taken as if sections 16, 17 and 19 to 21 were in force at the time that the action was taken.
Bridge To Strengthen Trade Act — B-8.05 19
Not agent of Her Majesty 19 A corporation is not an agent of Her Majesty in right of Canada.
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Public agency 20 A corporation is deemed to be a public agency for the purposes of the Urban Cooperation Act of 1967 , MCL 124.501 to 124.512, an Act of the state of Michigan.
Bridge To Strengthen Trade Act — B-8.05 21
Public body corporate and compact entity 21 A corporation may enter into an agreement with the government of the state of Michigan or of any political subdivision of that state or with any of their agencies or agents to establish an entity that is both a public body corporate and a compact entity under the laws of the United States.
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Agreements 22 (1) The Minister may enter into an agreement for any purpose relating to the construction or operation of the bridge, parkway or any related work with any person or with the government of the United States or of any political subdivision of the United States or any of their agencies or agents. Contents of agreement (2) The agreement may include undertakings to provide financial assistance by Canada, including the granting of guarantees. Authority to carry out agreement (3) The Minister may take any measures that he or she considers appropriate to carry out the agreement or to protect the interests or enforce the rights of Her Majesty in right of Canada under the agreement, including accepting and holding on behalf of Her Majesty any security granted under the agreement or releasing or realizing on that security.
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Production of documents 23 (1) The Minister may, for the purpose of verifying compliance with this Act, by registered letter or by a demand served personally, require any person to produce at a place specified in the letter or in the demand any document that the Minister believes is relevant for that purpose that is in the person’s possession, or to which the person may reasonably be expected to have access, within any reasonable time and in any reasonable manner that is specified in the letter or demand. Compliance (2) A person who is required to produce any document under subsection (1) must do so as required.
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Offence 24 A person who contravenes any of sections 7 to 11 and 13 and subsection 23 (2) is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine of not more than $25,000; and (b) in any other case, to a fine of not more than $500,000.
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Offence committed by employee or agent or mandatary of accused 25 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission.