GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (ii)
(ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Bank.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 4
4 No tax of any kind shall be levied on any obligation or security guaranteed by the Bank, including any dividend or interest thereon, by whomsoever held: (i) which discriminates against such obligation or security solely because it is guaranteed by the Bank; or (ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Bank.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (i)
(i) which discriminates against such obligation or security solely because it is guaranteed by the Bank; or
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (ii)
(ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Bank.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 1
1 The Bank at its discretion may waive any of the privileges, immunities and exemptions conferred under this Chapter in any case or instance, in such manner and upon such conditions as it may determine to be appropriate in the best interests of the Bank.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 1
1 This Agreement may be amended only by a resolution of the Board of Governors approved by a Super Majority vote as provided in Article 28.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 2
2 Notwithstanding the provisions of paragraph 1 of this Article, the unanimous agreement of the Board of Governors shall be required for the approval of any amendment modifying: (i) the right to withdraw from the Bank; (ii) the limitations on liability provided in paragraphs 3 and 4 of Article 7; and (iii) the rights pertaining to purchase of capital stock provided in paragraph 4 of Article 5.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (i)
(i) the right to withdraw from the Bank;
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (ii)
(ii) the limitations on liability provided in paragraphs 3 and 4 of Article 7; and
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (iii)
(iii) the rights pertaining to purchase of capital stock provided in paragraph 4 of Article 5.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 3
3 Any proposal to amend this Agreement, whether emanating from a member or the Board of Directors, shall be communicated to the Chairman of the Board of Governors, who shall bring the proposal before the Board of Governors. When an amendment has been adopted, the Bank shall so certify in an official communication addressed to all members. Amendments shall enter into force for all members three (3) months after the date of the official communication unless the Board of Governors specifies therein a different period.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 1
1 Any question of interpretation or application of the provisions of this Agreement arising between any member and the Bank, or between two or more members of the Bank, shall be submitted to the Board of Directors for decision. If there is no Director of its nationality on that Board, a member particularly affected by the question under consideration shall be entitled to direct representation in the Board of Directors during such consideration; the representative of such member shall, however, have no vote. Such right of representation shall be regulated by the Board of Governors.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 2
2 In any case where the Board of Directors has given a decision under paragraph 1 of this Article, any member may require that the question be referred to the Board of Governors, whose decision shall be final. Pending the decision of the Board of Governors, the Bank may, so far as it deems necessary, act on the basis of the decision of the Board of Directors.
Asian Infrastructure Investment Bank Agreement Act — A-12.8
If a disagreement should arise between the Bank and a country which has ceased to be a member, or between the Bank and any member after adoption of a resolution to terminate the operations of the Bank, such disagreement shall be submitted to arbitration by a tribunal of three arbitrators. One of the arbitrators shall be appointed by the Bank, another by the country concerned, and the third, unless the parties otherwise agree, by the President of the International Court of Justice or such other authority as may have been prescribed by regulations adopted by the Board of Governors. A majority vote of the arbitrators shall be sufficient to reach a decision which shall be final and binding upon the parties. The third arbitrator shall be empowered to settle all questions of procedure in any case where the parties are in disagreement with respect thereto.
Asian Infrastructure Investment Bank Agreement Act — A-12.8
Whenever the approval of any member is required before any act may be done by the Bank except under paragraph 2 of Article 53, approval shall be deemed to have been given unless the member presents an objection within such reasonable period as the Bank may fix in notifying the member of the proposed act.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 1
1 This Agreement, deposited with the Government of the People’s Republic of China (hereinafter called the “Depository”), shall remain open until December 31, 2015 for signature by the Governments of countries whose names are set forth in Schedule A.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 2
2 The Depository shall send certified copies of this Agreement to all the Signatories and other countries which become members of the Bank.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 1
1 This Agreement shall be subject to ratification, acceptance or approval by the Signatories. Instruments of ratification, acceptance or approval shall be deposited with the Depository not later than December 31, 2016, or if necessary, until such later date as may be decided by the Board of Governors by a Special Majority vote as provided in Article 28. The Depository shall duly notify the other Signatories of each deposit and the date thereof.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 2
2 A Signatory whose instrument of ratification, acceptance or approval is deposited before the date on which this Agreement enters into force, shall become a member of the Bank, on that date. Any other Signatory which complies with the provisions of the preceding paragraph, shall become a member of the Bank on the date on which its instrument of ratification, acceptance or approval is deposited.
Asian Infrastructure Investment Bank Agreement Act — A-12.8
This Agreement shall enter into force when instruments of ratification, acceptance or approval have been deposited by at least ten (10) Signatories whose initial subscriptions, as set forth in Schedule A to this Agreement, in the aggregate comprise not less than fifty (50) per cent of total of such subscriptions.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 1
1 As soon as this Agreement enters into force, each member shall appoint a Governor, and the Depository shall call the inaugural meeting of the Board of Governors.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 2
2 At its inaugural meeting, the Board of Governors: (i) shall elect the President; (ii) shall elect the Directors of the Bank in accordance with paragraph 1 of Article 25, provided that the Board of Governors may decide to elect fewer Directors for an initial period shorter than two years in consideration of the number of members and Signatories which have not yet become members; (iii) shall make arrangements for the determination of the date on which the Bank shall commence its operations; and (iv) shall make such other arrangements as necessary to prepare for the commencement of the Bank’s operations.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (ii)
(ii) shall elect the Directors of the Bank in accordance with paragraph 1 of Article 25, provided that the Board of Governors may decide to elect fewer Directors for an initial period shorter than two years in consideration of the number of members and Signatories which have not yet become members;
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (iii)
(iii) shall make arrangements for the determination of the date on which the Bank shall commence its operations; and
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (iv)
(iv) shall make such other arrangements as necessary to prepare for the commencement of the Bank’s operations.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 3
3 The Bank shall notify its members of the date of the commencement of its operations.
Asian Infrastructure Investment Bank Agreement Act — A-12.8
DONE at Beijing, People’s Republic of China on June 29, 2015, in a single original deposited in the archives of the Depository, whose English, Chinese and French texts are equally authentic.
Asian Infrastructure Investment Bank Agreement Act — A-12.8
The Board of Governors shall prescribe rules for the conduct of each election of Directors, in accordance with the following provisions.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 1
1 Constituencies . Each Director shall represent one or more members in a constituency. The total aggregate voting power of each constituency shall consist of the votes which the Director is entitled to cast under paragraph 3 of Article 28.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 2
2 Constituency Voting Power . For each election, the Board of Governors shall establish a Minimum Percentage for constituency voting power for Directors to be elected by Governors representing regional members (Regional Directors) and a Minimum Percentage for constituency voting power for Directors to be elected by Governors representing non-regional members (Non-Regional Directors). (a) The Minimum Percentage for Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Governors representing regional members (Regional Governors). The initial Minimum Percentage for Regional Directors shall be 6%. (b) The Minimum Percentage for Non-Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Governors representing non-regional members (Non-Regional Governors). The initial Minimum Percentage for Non-Regional Directors shall be 15%.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (a)
(a) The Minimum Percentage for Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Governors representing regional members (Regional Governors). The initial Minimum Percentage for Regional Directors shall be 6%.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (b)
(b) The Minimum Percentage for Non-Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Governors representing non-regional members (Non-Regional Governors). The initial Minimum Percentage for Non-Regional Directors shall be 15%.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 3
3 Adjustment Percentage . In order to adjust voting power across constituencies when subsequent rounds of balloting are required under paragraph 7 below, the Board of Governors shall establish, for each election, an Adjustment Percentage for Regional Directors and an Adjustment Percentage for Non-Regional Directors. Each Adjustment Percentage shall be higher than the corresponding Minimum Percentage. (a) The Adjustment Percentage for Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Regional Governors. The initial Adjustment Percentage for Regional Directors shall be 15%. (b) The Adjustment Percentage for Non-Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Non-Regional Governors. The initial Adjustment Percentage for Non-Regional Directors shall be 60%.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (a)
(a) The Adjustment Percentage for Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Regional Governors. The initial Adjustment Percentage for Regional Directors shall be 15%.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (b)
(b) The Adjustment Percentage for Non-Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Non-Regional Governors. The initial Adjustment Percentage for Non-Regional Directors shall be 60%.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 4
4 Number of Candidates . For each election, the Board of Governors shall establish the number of Regional Directors and Non-Regional Directors to be elected, in light of its decisions on the size and composition of the Board of Directors pursuant to paragraph 2 of Article 25. (a) The initial number of Regional Directors shall be nine. (b) The initial number of Non-Regional Directors shall be three.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (a)
(a) The initial number of Regional Directors shall be nine.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (b)
(b) The initial number of Non-Regional Directors shall be three.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 5
5 Nominations . Each Governor may only nominate one person. Candidates for the office of Regional Director shall be nominated by Regional Governors. Candidates for the office of Non-Regional Director shall be nominated by Non-Regional Governors.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 6
6 Voting . Each Governor may vote for one candidate, casting all of the votes to which the member appointing him is entitled under paragraph 1 of Article 28. The election of Regional Directors shall be by ballot of Regional Governors. The election of Non-Regional Directors shall be by ballot of Non-Regional Governors.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 7
7 First Ballot . On the first ballot, candidates receiving the highest number of votes, up to the number of Directors to be elected, shall be elected as Directors, provided that, to be elected, a candidate shall have received a sufficient number of votes to reach the applicable Minimum Percentage. (a) If the required number of Directors is not elected on the first ballot, and the number of candidates was the same as the number of Directors to be elected, the Board of Governors shall determine the subsequent actions to complete the election of Regional Directors or the election of Non-Regional Directors, as the case may be.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (a)
(a) If the required number of Directors is not elected on the first ballot, and the number of candidates was the same as the number of Directors to be elected, the Board of Governors shall determine the subsequent actions to complete the election of Regional Directors or the election of Non-Regional Directors, as the case may be.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 8
8 Subsequent Ballots . If the required number of Directors is not elected on the first ballot, and there were more candidates than the number of Directors to be elected on the ballot, there shall be subsequent ballots, as necessary. For subsequent ballots: (a) The candidate receiving the lowest number of votes in the preceding ballot shall not be a candidate in the next ballot. (b) Votes shall be cast only by: (i) Governors who voted in the preceding ballot for a candidate who was not elected; and (ii) Governors whose votes for a candidate who was elected are deemed to have raised the votes for that candidate above the applicable Adjustment Percentage under (c) below. (c) The votes of all the Governors who cast votes for each candidate shall be added in descending order of number, until the number of votes representing the applicable Adjustment Percentage has been exceeded. Governors whose votes were counted in that calculation shall be deemed to have cast all their votes for that Director, including the Governor whose votes brought the total over the Adjustment Percentage. The remaining Governors whose votes were not counted in that calculation shall be deemed to have raised the candidate’s total votes above the Adjustment Percentage, and the votes of those Governors shall not count towards the election of that candidate. These remaining Governors may vote in the next ballot. (d) If in any subsequent ballot, only one Director remains to be elected, the Director may be elected by a simple majority of the remaining votes. All such remaining votes shall be deemed to have counted towards the election of the last Director.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (a)
(a) The candidate receiving the lowest number of votes in the preceding ballot shall not be a candidate in the next ballot.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (b)
(b) Votes shall be cast only by: (i) Governors who voted in the preceding ballot for a candidate who was not elected; and (ii) Governors whose votes for a candidate who was elected are deemed to have raised the votes for that candidate above the applicable Adjustment Percentage under (c) below.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (c)
(c) The votes of all the Governors who cast votes for each candidate shall be added in descending order of number, until the number of votes representing the applicable Adjustment Percentage has been exceeded. Governors whose votes were counted in that calculation shall be deemed to have cast all their votes for that Director, including the Governor whose votes brought the total over the Adjustment Percentage. The remaining Governors whose votes were not counted in that calculation shall be deemed to have raised the candidate’s total votes above the Adjustment Percentage, and the votes of those Governors shall not count towards the election of that candidate. These remaining Governors may vote in the next ballot.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 (d)
(d) If in any subsequent ballot, only one Director remains to be elected, the Director may be elected by a simple majority of the remaining votes. All such remaining votes shall be deemed to have counted towards the election of the last Director.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 9
9 Assignment of Votes . Any Governor who does not participate in voting for the election or whose votes do not contribute to the election of a Director may assign the votes to which he is entitled to an elected Director, provided that such Governor shall first have obtained the agreement of all those Governors who have elected that Director to such assignment.
Asian Infrastructure Investment Bank Agreement Act — A-12.8 10
10 Founding Member Privileges . The nomination and voting by Governors for Directors and the appointment of Alternate Directors by Directors shall respect the principle that each Founding Member shall have the privilege to designate the Director or an Alternate Director in its constituency permanently or on a rotating basis.
Arctic Waters Pollution Prevention Act — A-12 Preamble
Preamble WHEREAS Parliament recognizes that recent developments in relation to the exploitation of the natural resources of arctic areas, including the natural resources of the Canadian arctic, and the transportation of those resources to the markets of the world are of potentially great significance to international trade and commerce and to the economy of Canada in particular;
Arctic Waters Pollution Prevention Act — A-12
AND WHEREAS Parliament at the same time recognizes and is determined to fulfil its obligation to see that the natural resources of the Canadian arctic are developed and exploited and the arctic waters adjacent to the mainland and islands of the Canadian arctic are navigated only in a manner that takes cognizance of Canada’s responsibility for the welfare of the Inuit and other inhabitants of the Canadian arctic and the preservation of the peculiar ecological balance that now exists in the water, ice and land areas of the Canadian arctic;
Arctic Waters Pollution Prevention Act — A-12
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Arctic Waters Pollution Prevention Act — A-12 1
Short title 1 This Act may be cited as the Arctic Waters Pollution Prevention Act . R.S., c. 2(1st Supp.), s. 1
Arctic Waters Pollution Prevention Act — A-12 2
Definitions 2 In this Act, analyst means a person designated as an analyst under the Canada Water Act , the Mackenzie Valley Resource Management Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act ; ( analyste ) arctic waters means the internal waters of Canada and the waters of the territorial sea of Canada and the exclusive economic zone of Canada, within the area enclosed by the 60th parallel of north latitude, the 141st meridian of west longitude and the outer limit of the exclusive economic zone; however, where the international boundary between Canada and Greenland is less than 200 nautical miles from the baselines of the territorial sea of Canada, the international boundary shall be substituted for that outer limit; ( eaux arctiques ) ice-breaker means a ship specially designed and constructed for the purpose of assisting the passage of other ships through ice; ( brise-glace ) owner , in relation to a ship, includes any person having for the time being, either by law or by contract, the same rights as the owner of the ship with respect to the possession and use thereof; ( propriétaire ) pilot means a licensed pilot as defined in section 1.1 of the Pilotage Act ; ( pilote ) pollution prevention officer means a person designated as a pollution prevention officer pursuant to section 14; ( fonctionnaire compétent ) ship includes any description of vessel or boat used or designed for use in navigation without regard to method or lack of propulsion; ( navire ) shipping safety control zone means an area of the arctic waters prescribed as a shipping safety control zone by an order made under section 11; ( zone de contrôle de la sécurité de la navigation ) waste means (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water to the extent described in paragraph (a), and without limiting the generality of the foregoing, includes anything that, for the purposes of the Canada Water Act , is deemed to be waste. ( déchet ) R.S., 1985, c. A-12, s. 2; 1992, c. 40, s. 49; 2002, c. 7, ss. 80, 278, c. 10, s. 177; 2009, c. 11, s. 1; 2014, c. 2, s. 4 2019, c. 29, s. 266
Arctic Waters Pollution Prevention Act — A-12
analyst means a person designated as an analyst under the Canada Water Act , the Mackenzie Valley Resource Management Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act ; ( analyste )