GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Industrial Relations Board Regulations, 2012 — 41.1
41.1 An application made under section 87.4 of the Code must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative; (b) the name, postal and email addresses and telephone and fax numbers of the respondent; (c) the address of the employer’s establishments that are affected by the application; (d) full particulars of the facts, relevant dates and the efforts made by the parties to resolve the issue, if any; (e) a copy of the notice to bargain; (f) a copy of the notice of dispute, if any; (g) a copy of the last agreement or order relating to essential services involving the parties, if any; (h) the effective date and expiry date of any collective agreement that is in force or expired covering the employees in the bargaining unit affected by the application; (i) the number of employees in the bargaining unit; (j) the name, postal and email addresses and telephone and fax numbers of any trade union or council of trade unions that is the bargaining agent for other bargaining units that could be affected by the application; (k) a description of the services the applicant alleges are required and the immediate and serious danger to the safety or health of the public that the applicant alleges would occur if the Board does not allow the application; (l) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (m) a description of the order or decision sought. SOR/2012-305, s. 20 2024, c. 12, s. 16
Canada Industrial Relations Board Regulations, 2012 — 42
42 (1) An application made by an employer for a declaration of an unlawful strike under section 91 of the Code must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of any trade union and, if applicable, any employee against whom an order is specifically sought, to be referred to as the respondents; (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order; (d) a description of the general nature of the employer’s business; (e) the address of the employer’s establishments affected by the application; (f) full particulars of the facts, relevant dates and grounds for the application; (g) a copy of supporting documents for the application; (h) the date and description of any order or decision of the Board relating to the application; (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit; (j) the number of employees in the existing bargaining unit; (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (l) a description of the order or decision sought. (2) Service on the bargaining agent or one of its officers of notice of an application referred to in subsection (1) or notice of a hearing in respect of the application constitutes service of the notice on the employees in the bargaining unit except those against whom an order is specifically sought in the application. SOR/2011-109, s. 25; SOR/2012-305, s. 26
Canada Industrial Relations Board Regulations, 2012 — 43
43 An application made by a trade union for a declaration of an unlawful lockout under section 92 of the Code must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email addresses and telephone and fax numbers of the employer of the employees being locked out and, if applicable, of any person acting on the employer’s behalf against whom an order is specifically sought, to be referred to as the respondents; (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order; (d) a description of the general nature of the employer’s business; (e) the address of the employer’s establishments affected by the application; (f) full particulars of the facts, relevant dates and grounds for the application; (g) a copy of supporting documents for the application; (h) the date and description of any order or decision of the Board relating to the application; (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit; (j) the number of employees in the existing bargaining unit; (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (l) a description of the order or decision sought. SOR/2011-109, s. 26; SOR/2012-305, s. 26
Canada Industrial Relations Board Regulations, 2012 — 45
45 (1) An application for reconsideration of a decision or order of the Board must include (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable; (b) the name, postal and email address, telephone and fax numbers of any employer or trade union that may be affected by the application; (c) the order or decision of the Board that is the subject of the reconsideration application; (d) full particulars of the facts, relevant dates and grounds for the application; (e) a copy of supporting documents for the application; (f) the date and description of any order or decision of the Board relating to the application; (g) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and (h) a description of the order or decision sought. (2) The application must be filed within 30 days after the date the written reasons of the decision or order being reconsidered are issued. (3) The application and the relevant documents must be served on all persons who were parties to the decision or order being reconsidered. SOR/2011-109, s. 27; SOR/2012-305, ss. 23, 26
Canada Industrial Relations Board Regulations, 2012 — 46
46 The Board may vary or exempt a person from complying with any rule of procedure under these Regulations — including any time limits imposed under them or any requirement relating to the expedited process — where the variation or exemption is necessary to ensure the proper administration of the Code.
Canada Industrial Relations Board Regulations, 2012 — 47
47 (1) If a party fails to comply with a rule of procedure under these Regulations, after being allowed an opportunity for compliance by the Board, it may (a) summarily refuse to hear or dismiss the application, if the non-complying party is the applicant; or (b) decide the application without further notice, if the non-complying party is the respondent. (2) If a party does not attend a pre-hearing proceeding or a hearing after having been given notice, the Board may decide the matter in the party’s absence. SOR/2011-109, s. 28(F); SOR/2012-305, s. 24
Canada Industrial Relations Board Regulations, 2012 — 47.1
47.1 If the Board determines that an oral hearing is necessary, it may give notice of the hearing by any available means, including telephone, fax, publication in a daily newspaper or the posting of notices. SOR/2012-305, s. 25
Canada Industrial Relations Board Regulations, 2012 — 49
49 (1) These Regulations apply in respect of all proceedings before the Board that are pending on the day these Regulations come into force. (2) Any proceeding initiated or document filed in accordance with the Canada Industrial Relations Board Regulations, 1992 before the coming into force of these Regulations is not invalidated merely because that proceeding or document does not conform to these Regulations.
Canada Industrial Relations Board Regulations, 2012 — 50
50 These Regulations come into force on the day on which they are registered.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — a
Whereas, pursuant to subsection 13(5) of the Canada Small Business Financing Act a , the Minister of Industry caused a copy of the proposed Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations , substantially in the form set out in the annexed regulations, to be laid before the House of Commons and before the Senate on October 3, 2001; a S.C. 1998, c. 36
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister for the purposes of the Atlantic Canada Opportunities Agency Act , the Minister of Western Economic Diversification, the Minister of Industry, the Minister of Finance and the Treasury Board, pursuant to sections 13 and 14 of the Canada Small Business Financing Act a , hereby makes the annexed Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations .
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 1
a lessee is not related to another lessee or borrower for the purposes of these Regulations if their businesses are located at different premises and neither derives more than 25% of their actual or projected gross revenues from the other. (6) For the purposes of these Regulations, a capital lease is considered to have been entered into on the day on which it is signed by the lessee and the lessor. SOR/2002-446, s. 1; SOR/2006-272, s. 1(F)
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations
Act means the Canada Small Business Financing Act . ( Loi )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
aggregate outstanding balance means the aggregate, calculated on the day on which a capital lease is entered into or is amended as a result of improvements to the equipment, of (a) the total financing amount of the capital lease, (b) the outstanding balance of any other capital lease registered with the Minister in accordance with these Regulations, and (c) the outstanding loan amount referred to in subsection 4(3) of the Act. ( somme des soldes impayés )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
capital lease means a lease or leasing under which a lessor provides equipment to a lessee for payment and that meets one of the following conditions: (a) the lease or leasing includes a bargain purchase option or provides for a transfer of ownership of the leased equipment to the lessee at the end of its term; (b) the term of the lease or leasing is greater than 75% of the economic life of the equipment; and (c) the net present value of the scheduled payments made under the lease or leasing, calculated in accordance with the annual imputed rate of interest used in the calculation of the scheduled payments, is 90% or more of the cost of the equipment on the day the lease or leasing is entered into. ( contrat de location-acquisition )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
cost of the equipment means, in respect of equipment that is the subject of a capital lease, (a) in respect of new equipment, the purchase price of the equipment provided to the lessee, (b) in respect of used equipment, the lesser of (i) the purchase price of the used equipment, and (ii) the fair market value of the used equipment on the day on which the capital lease is entered into, and may include, in respect of either new or used equipment, (c) the additional costs necessary for the operation of the equipment, other than maintenance and training costs, (d) the cost of software related to the operation of the equipment, and (e) non-refundable taxes and customs duties, if applicable. ( coût du matériel )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations
lease funder means a person who purchases or accepts an assignment of a capital lease. ( investisseur )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations
lessee means a person who carries on or is about to carry on a small business in Canada and who is a party to a capital lease. It does not include Her Majesty or an agent of Her Majesty in right of Canada or a province, a municipality or a municipal or other public body that performs a function of government. ( locataire )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
lessor means (a) a member of the Canadian Payments Association established by subsection 3(1) of the Canadian Payments Act (i) as set out in paragraph 4(1)(b) or (c) or paragraph 4(2)(a) or (c) of that Act, or (ii) as set out in any of paragraphs 4(2)(d) to (h) of that Act, if the member provides, with their application to be a lessor under these Regulations, their Canadian Payments Association transit number and a certificate issued by the member’s external auditor stating that the member has been a commercial lessor in Canada for the past five years; (b) a local cooperative credit society, within the meaning of subsection 2(1) of the Canadian Payments Act , that is a member of a central cooperative credit society, within the meaning of that subsection, if the central cooperative credit society is a member of the Canadian Payments Association; (c) a leasing company incorporated in Canada or a lease funder carrying on business in Canada, with a place of business in Canada, that (i) maintains a rating of “BBB” or better issued by a Canadian bond rating agency, or (ii) participates in a securitization program approved by a Canadian bond rating agency; or (d) any other organization designated by the Minister as a lessor for the purposes of these Regulations. ( locateur )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
outstanding balance of a capital lease means the aggregate of (a) the amount of any overdue payments, (b) the net present value of all future payments due under the capital lease, discounted at the annual imputed rate of interest used in the calculation of the scheduled payments, and (c) the present value, discounted at the annual imputed rate of interest used in the calculation of the scheduled payments of the lesser of (i) the residual value of the equipment set out in the registration form referred to in subsection 12(1), and (ii) the bargain purchase option price of the equipment set out in the capital lease. ( solde impayé du contrat de location-acquisition )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
rate of interest on Government of Canada bonds means (a) for a capital lease with a term of less than three years, the one to three year Government of Canada marketable bonds average yield as published by the Bank of Canada on the last Wednesday of the month before the day on which the capital lease is entered into; (b) for a capital lease with a term of three to five years, the three to five year Government of Canada marketable bonds average yield as published by the Bank of Canada on the last Wednesday of the month before the day on which the capital lease is entered into; and (c) for a capital lease with a term exceeding five years but not exceeding ten years, the five to ten year Government of Canada marketable bonds average yield as published by the Bank of Canada on the last Wednesday of the month before the day on which the capital lease is entered into. ( taux de rendement des obligations du gouvernement du Canada )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
small business means a business carried on or about to be carried on in Canada for gain or profit with an estimated gross annual revenue (a) in the case of a business being carried on, not exceeding $5 million for the fiscal year of the business during which a capital lease is approved by a lessor, or a loan is approved by a lender, in respect of the business; or (b) in the case of a business about to be carried on, that is not expected, at the time a capital lease is approved by a lessor or a loan is approved by a lender in respect of the business, to exceed $5 million for its first fiscal year that is at least 52 weeks in duration. It does not include the business of farming or a business having as its principal object the furtherance of a charitable or religious purpose. ( petite entreprise )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — (a)
total financing amount of a capital lease means the aggregate of (a) the financed cost of the equipment, and (b) the registration fee referred to in subsection 14(1), if the fee has been financed and is set out in the registration form referred to in subsection 12(1). ( montant total du financement du contrat de location-acquisition )
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 2
2 These Regulations apply only to capital leases that are entered into after the coming into force of these Regulations and that are registered with the Minister in accordance with these Regulations.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 3
3 (1) The following conditions shall be satisfied in respect of a capital lease: (a) the capital lease shall meet the criteria set out in subsection (2); (b) the purpose of the capital lease is to provide equipment necessary for the operation of the lessee’s small business, namely, (i) new equipment, or (ii) used equipment that has an economic life greater than the term of the capital lease. (2) These Regulations apply to a capital lease if (a) the cost of the equipment does not exceed $250,000; (b) the total financing amount of the capital lease does not exceed $250,000; and (c) the aggregate outstanding balance in respect of a lessee that is a party to the capital lease or a related lessee or borrower does not exceed $250,000.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 4
4 These Regulations do not apply to a capital lease if the capital lease is to provide (a) equipment the cost of which exceeds $250,000; (b) equipment for which the financed cost is greater than 100% of the cost of the equipment; (c) real property or immovables; (d) equipment that is the subject of a conditional sale; or (e) equipment that is the subject of a sale-lease back.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 5
5 Subject to subsection 21(2), the maximum term of a capital lease is 10 years beginning on the day on which the capital lease is entered into.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 6
6 (1) Subject to subsection (2), the Minister is liable to pay a lessor any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on a capital lease. (2) The Minister may give notice in writing to a lessor of the termination of the Minister’s liability in respect of a capital lease entered into by the lessor on or after the date set out in the notice. (3) A notice under subsection (2) is not effective unless the date set out in the notice is at least 24 hours after receipt of the notice at the place of business of the lessor.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 7
7 The liability of the Minister to make any payment to a lessor in respect of losses, sustained as a result of all lessees’ defaults on all capital leases entered into by the lessor is limited to the aggregate of (a) 90% of that part of the aggregate total financing amount of all capital leases entered into by the lessor that does not exceed $250,000, (b) 50% of that part of the aggregate total financing amount of all capital leases entered into by the lessor that exceeds $250,000 but does not exceed $500,000, (c) 10% of that part of the aggregate total financing amount of all capital leases entered into by the lessor that exceeds $500,000, and (d) 10% of the aggregate total financing amount of all capital leases transferred to the lessor as a result of lease funding in accordance with section 36.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 8
8 The Minister is not liable to make any payment to a lessor in respect of any loss sustained as a result of a lessee’s default on a capital lease, if the aggregate outstanding balance in respect of the lessee or a related lessee or borrower exceeds $250,000, when that amount was disclosed to the lessor by the lessee or the lessor had actual knowledge of it on or before the day on which the capital lease is entered into.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 9
9 The liability of the Minister in respect of losses sustained as a result of a lessee’s default on a capital lease is limited to 85% of the lessor’s eligible loss, calculated in accordance with subsection 44(7).
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 10
10 The Minister is not liable to make any payment to a lessor unless the lessor has (a) paid to the Minister the registration fee referred to in subsection 14(1); (b) paid to the Minister the administration fee referred to in subsection 14(2); and (c) complied with the other requirements of these Regulations.
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations — 11
11 (1) Subject to subsection (2), a lessor shall submit a capital lease to the Minister for registration within four months after the day on which the capital lease is entered into. (2) If non-compliance with subsection (1) is inadvertent, the Minister shall extend the period by two months.