GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Assisted Human Reproduction Act — A-13.4 43
43 [Repealed before coming into force, 2012, c. 19, s. 724]
Assisted Human Reproduction Act — A-13.4 44
Taking measures 44 (1) If the Minister has reasonable grounds to believe that this Act has been, or is likely to be, contravened, the Minister may take, or order any person to take, all reasonable measures that the Minister considers necessary to mitigate the effects of the contravention or to prevent the contravention. (2) and (3) [Repealed, 2012, c. 19, s. 725] Personal liability (4) No person who takes measures under this section, or who takes measures specified in an order made under this section, is personally liable either civilly or criminally in respect of any act or omission in the course of taking those measures unless it is established that the person acted in bad faith. Exception (5) Subsection (4) does not apply to a person who has committed a contravention of this Act. Statutory Instruments Act (6) For greater certainty, orders made under this section are not statutory instruments within the meaning of the Statutory Instruments Act . 2004, c. 2, s. 44; 2012, c. 19, s. 725
Assisted Human Reproduction Act — A-13.4 45
Definitions 45 The following definitions apply in sections 47 to 62 and 65. information means information that is recorded in any form. ( document ) material means an embryo or part of one, a foetus or part of one or any human reproductive material outside the body of a human being, or any other thing. ( matériel )
Assisted Human Reproduction Act — A-13.4
information means information that is recorded in any form. ( document )
Assisted Human Reproduction Act — A-13.4
material means an embryo or part of one, a foetus or part of one or any human reproductive material outside the body of a human being, or any other thing. ( matériel )
Assisted Human Reproduction Act — A-13.4 46
Designation of inspectors 46 (1) The Minister may designate persons or classes of persons employed by the government of Canada or of a province as inspectors for the purposes of the administration and enforcement of this Act. Certificates to be produced (2) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance. 2004, c. 2, s. 46; 2012, c. 19, s. 727
Assisted Human Reproduction Act — A-13.4 47
Entry by inspectors 47 (1) Subject to section 48, an inspector may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, enter any place or conveyance in which the inspector has reasonable grounds to believe that there is any activity, material or information in respect of which any of those sections applies. Inspection (2) An inspector entering a place or conveyance may, for a purpose set out in subsection (1), (a) examine any material or information that is relevant to that purpose; (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any such material or information; (c) open and examine any receptacle or package that the inspector believes on reasonable grounds contains such material or information; (d) take, or require any person in the place or conveyance to produce, a sample of such material; and (e) conduct any test or analysis or take any measurement of such material. Examination of information (3) In carrying out an inspection, an inspector may, for a purpose set out in subsection (1), (a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information that is relevant to that purpose; (b) require any person to produce such books, documents or other records for examination or copying; (c) use or cause to be used any computer system to examine information relevant to that purpose that is contained in or available to the computer system; (d) reproduce such information in the form of a printout or other intelligible output for examination or copying; and (e) use or cause to be used any copying equipment. Assistance and information to inspector (4) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in that place shall give the inspector all reasonable assistance and furnish them with any information that they may reasonably require. 2004, c. 2, s. 47; 2012, c. 19, s. 728
Assisted Human Reproduction Act — A-13.4 48
Warrant to enter dwelling-house 48 (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant, except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) If, on ex parte application, a justice of the peace is satisfied by information on oath that (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house, (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused, the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant. Use of force (3) In executing a warrant issued under subsection (2), the inspector named in it shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. 2004, c. 2, s. 48; 2012, c. 19, s. 729
Assisted Human Reproduction Act — A-13.4 49
Obstruction and false statements 49 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out duties under this Act. Interference (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with material or information seized under this Act.
Assisted Human Reproduction Act — A-13.4 50
Seizure by inspector 50 (1) An inspector who enters a place or conveyance under section 47 may seize any material or information by means of which, or in relation to which, the inspector believes on reasonable grounds this Act has been contravened. Storage and removal (2) An inspector may direct that seized material or information be kept or stored in the place where it was seized or be removed to any other proper place.
Assisted Human Reproduction Act — A-13.4 51
Application for restoration 51 (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends to the Minister notice of their intention to do so. Order of restoration (2) The provincial court judge may order that seized material or information be restored immediately to the applicant if, on hearing the application, the judge is satisfied that (a) the applicant is entitled to possession of it; and (b) it will not be required as evidence in any proceedings under this Act. Order of later restoration (3) If, on hearing an application, a provincial court judge is satisfied that the applicant is entitled to possession of seized material or information but is not satisfied as regards paragraph (2)(b), the judge may order that the material or information be restored to the applicant (a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or (b) on the final conclusion of proceedings under this Act. Exception (4) A provincial court judge may not make an order for the restoration of material or information if it has been forfeited by consent under subsection 52(2). 2004, c. 2, s. 51; 2012, c. 19, s. 730
Assisted Human Reproduction Act — A-13.4 52
Forfeiture 52 (1) If no application is made under subsection 51(1) for the restoration of seized material or information within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the material or information is forfeited to Her Majesty. Forfeiture with consent (2) Where an inspector has seized material or information and the owner or the person in whose possession it was at the time of the seizure consents in writing to its forfeiture, the material or information is forfeited to Her Majesty. Disposal (3) Subject to section 54, an inspector may dispose of material or information forfeited to Her Majesty in any manner that the designated officer, as defined in the regulations, directs. 2004, c. 2, s. 52; 2012, c. 19, s. 731
Assisted Human Reproduction Act — A-13.4 53
Search and seizure under warrant 53 (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act. Where warrant not necessary (2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant.
Assisted Human Reproduction Act — A-13.4 54
Maintaining viable gametes and embryos 54 The designated officer, as defined in the regulations, shall make reasonable efforts to preserve any viable sperm, ovum or in vitro embryo that is seized under this Act or the Criminal Code . Any further measures shall be consistent with the consent of the donor or, if the consent cannot be obtained, shall be in accordance with the regulations. 2004, c. 2, s. 54; 2012, c. 19, s. 732
Assisted Human Reproduction Act — A-13.4 55
Designation of analysts 55 The Minister may designate any person as an analyst for the purpose of the administration and enforcement of this Act. 2004, c. 2, s. 55; 2012, c. 19, s. 732
Assisted Human Reproduction Act — A-13.4 56
Analysis and examination 56 (1) An inspector may submit to an analyst, for analysis or examination, any material or information seized by the inspector. Certificate or report (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.
Assisted Human Reproduction Act — A-13.4 57
Certificate of analyst 57 (1) Subject to subsections (2) and (3), in any prosecution for an offence under this Act, a certificate purporting to be signed by an analyst, stating that any material or information has been analysed or examined by the analyst and stating the results of the analysis or examination, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it. Requiring attendance of analyst (2) The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination. Notice of intention to produce certificate (3) No certificate shall be admitted in evidence under subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.
Assisted Human Reproduction Act — A-13.4 58
Agreements for enforcement 58 The Minister may enter into agreements with any department or agency of the government of Canada or of a province or with any law enforcement agency with respect to the administration and enforcement of this Act. 2004, c. 2, s. 58; 2012, c. 19, s. 733
Assisted Human Reproduction Act — A-13.4 59
59 [Repealed before coming into force, 2012, c. 19, s. 733]
Assisted Human Reproduction Act — A-13.4 60
Offence and punishment 60 A person who contravenes any of sections 5 to 7 and 9 is guilty of an offence and (a) is liable, on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or to both; or (b) is liable, on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding four years, or to both. 2004, c. 2, s. 60; 2012, c. 19, s. 734
Assisted Human Reproduction Act — A-13.4 61
Offence and punishment 61 A person who contravenes any provision of this Act — other than any of sections 5 to 7 and 9 — or of the regulations or an order made under subsection 44(1) is guilty of an offence and (a) is liable, on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years, or to both; or (b) is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both. 2004, c. 2, s. 61; 2012, c. 19, s. 735
Assisted Human Reproduction Act — A-13.4 62
Court orders 62 A court that imposes a fine or term of imprisonment on a person in respect of an offence under this Act may (a) order the forfeiture and disposition, subject to section 54, of any material or information by means of which or in relation to which the offence was committed; or (b) on application by the Attorney General of Canada, order the person not to engage in any activity that, in the court’s opinion, may lead to the commission of an offence under this Act.
Assisted Human Reproduction Act — A-13.4 63
Consent of Attorney General 63 A prosecution for an offence under this Act may not be instituted except with the consent of the Attorney General of Canada.
Assisted Human Reproduction Act — A-13.4 64
Notice to interested authorities 64 The Minister may notify any interested authority, such as a professional licensing or disciplinary body established under the laws of Canada or a province, of the identity of a person who is charged with an offence under this Act or who there are reasonable grounds to believe may have acted in breach of any professional code of conduct. 2004, c. 2, s. 64; 2012, c. 19, s. 736
Assisted Human Reproduction Act — A-13.4 65
ence (2) The regulations may incorporate any document by reference, regardless of its source, either as it reads on a particular date or as it is amended from time to time. Documents in one language (3) Where a document that is available in both official languages has been incorporated by reference as amended from time to time, an amendment to one language version of that document is not incorporated until the corresponding amendment is made to the other language version. Statutory Instruments Act (4) A document does not become a regulation within the meaning of the Statutory Instruments Act merely because it is incorporated by reference. 2004, c. 2, s. 65; 2012, c. 19, s. 737
Assisted Human Reproduction Act — A-13.4 66
Proposed regulations to be laid before Parliament 66 (1) Before a regulation is made under section 65, the Minister shall lay the proposed regulation before each House of Parliament. Report by committee (2) A proposed regulation that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee may review the proposed regulation and report its findings to the House. Standing Committee on Health (2.1) The committee of the House of Commons referred to in subsection (2) shall be the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House. Making of regulations (3) A regulation may not be made before the earliest of (a) 30 sitting days after the proposed regulation is laid before Parliament, (b) 160 calendar days after the proposed regulation is laid before Parliament, and (c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation. Explanation (4) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it. Alteration (5) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.
Assisted Human Reproduction Act — A-13.4 67
Exceptions 67 (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 66 should not apply in the circumstances; or (b) the regulation must be made immediately in order to protect the health or safety of any person. Notice of opinion (2) If a regulation is made without being laid before Parliament, the Minister shall lay before each House of Parliament a statement of the Minister’s reasons.
Assisted Human Reproduction Act — A-13.4 76
76 [Repealed before coming into force, 2012, c. 19, s. 739]
Assisted Human Reproduction Act — A-13.4 Order of Governor in Council
Order of Governor in Council * 78 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act, other than sections 8, 12, 14 to 19, 21 to 59, 72 and 74 to 77, in force April 22, 2004, see SI/2004-49; sections 21 to 24, other than paragraphs 24(1)(a), (e) and (g), sections 25 to 39, 72, 74, 75 and 77 in force January 12, 2006, see SI/2005-42; section 8 in force December 1, 2007, see SI/2007-67; section 44 in force June 29, 2012, see 2012, c. 19, s. 740; sections 45 to 58 in force June 9, 2019, section 12 in force June 9, 2020, see SI/2019-38.]
Assisted Human Reproduction Act — A-13.4 741
Definitions 741 The following definitions apply in sections 742 to 745 . Agency means the Assisted Human Reproduction Agency of Canada established by subsection 21(1) of the Assisted Human Reproduction Act . ( Agence ) Her Majesty means Her Majesty in right of Canada. ( Sa Majesté )
Assisted Human Reproduction Act — A-13.4
Agency means the Assisted Human Reproduction Agency of Canada established by subsection 21(1) of the Assisted Human Reproduction Act . ( Agence )
Assisted Human Reproduction Act — A-13.4
Her Majesty means Her Majesty in right of Canada. ( Sa Majesté )
Assisted Human Reproduction Act — A-13.4 742
Appointments terminated 742 (1) The members of the board of directors of the Agency cease to hold office on the coming into force of this subsection. No compensation (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the board of directors of the Agency, other than the President, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division.
Assisted Human Reproduction Act — A-13.4 743
Employees of Agency 743 Any employee of the Agency who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act is, for the purpose of any workforce adjustment measure taken with respect to them, transferred to the Department of Health on the day on which section 722 comes into force.
Assisted Human Reproduction Act — A-13.4 744
Rights and obligations transferred 744 (1) All rights and property held by or in the name of or in trust for the Agency and all obligations and liabilities of the Agency are deemed to be rights, property, obligations and liabilities of Her Majesty. References (2) Every reference to the Agency in any deed, contract or other document executed by the Agency in its own name is, unless the context otherwise requires, to be read as a reference to Her Majesty. Closing out affairs (3) The Minister of Health may do and perform all acts and things necessary for and incidental to closing out the affairs of the Agency.
Assisted Human Reproduction Act — A-13.4 745
Commencement of legal proceedings 745 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Agency, or by the Minister of Health in closing out the affairs of the Agency, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Agency. Continuation of legal proceedings (2) Any action, suit or other legal proceeding to which the Agency is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the same manner and to the same extent as it could have been continued by or against the Agency.
Atlantic Canada Opportunities Agency Act — A-13.7 2
Short title 2 This Part may be cited as the Atlantic Canada Opportunities Agency Act .
Atlantic Canada Opportunities Agency Act — A-13.7 3
Definitions 3 In this Part, Agency means the Atlantic Canada Opportunities Agency established by section 10; ( Agence ) Atlantic Canada means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador; ( Canada atlantique ) Board [Repealed, 2014, c. 20, s. 175] designated area means an area of Atlantic Canada designated by order of the Minister pursuant to section 7; ( zone désignée ) Minister means such member of the Queen’s Privy Council for Canada as is appointed by Commission under the Great Seal to be the Minister for the purposes of this Part; ( ministre ) President means the President of the Agency appointed pursuant to subsection 11(1). ( président ) R.S., 1985, c. 41 (4th Supp.), s. 3; 2014, c. 20, s. 175; 2015, c. 3, s. 172
Atlantic Canada Opportunities Agency Act — A-13.7
Agency means the Atlantic Canada Opportunities Agency established by section 10; ( Agence )
Atlantic Canada Opportunities Agency Act — A-13.7
Atlantic Canada means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador; ( Canada atlantique )
Atlantic Canada Opportunities Agency Act — A-13.7
designated area means an area of Atlantic Canada designated by order of the Minister pursuant to section 7; ( zone désignée )
Atlantic Canada Opportunities Agency Act — A-13.7
Minister means such member of the Queen’s Privy Council for Canada as is appointed by Commission under the Great Seal to be the Minister for the purposes of this Part; ( ministre )
Atlantic Canada Opportunities Agency Act — A-13.7
President means the President of the Agency appointed pursuant to subsection 11(1). ( président )
Atlantic Canada Opportunities Agency Act — A-13.7 4
Purpose 4 The purpose of this Part is to increase opportunity for economic development in Atlantic Canada and, more particularly, to enhance the growth of earned incomes and employment opportunities in that region.
Atlantic Canada Opportunities Agency Act — A-13.7 5
Powers, duties and functions of the Minister 5 (1) In furtherance of the purpose of this Part, the Minister may exercise powers and perform duties and functions that affect economic opportunity and development in Atlantic Canada over which Parliament has jurisdiction and that are not by or pursuant to law assigned to any other member of the Queen’s Privy Council for Canada or to any department, board or agency of the Government of Canada. Coordination (2) The Minister shall coordinate the policies and programs of the Government of Canada in relation to opportunity for economic development in Atlantic Canada. Advisory boards (3) The Minister may establish advisory boards and provide for their membership, duties, functions and operation. Expenses (4) Subject to the approval of the Governor in Council, the Minister may provide for the payment of reasonable travel and living expenses incurred in the performance of their duties and functions by members of advisory boards established under subsection (3).