GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Payment Clearing and Settlement Act — P-4.4 14
Information requests — systems or arrangements 14 (1) If the Governor of the Bank has reasonable grounds to believe that a system or arrangement exists for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations but requires further information in order to determine whether the system or arrangement is a clearing and settlement system, the Governor may, with the agreement of the Minister, request a person who is a party to the system or arrangement to provide the Bank with such information and documents regarding the system or arrangement as the Governor may require to make the determination. Compliance with request required (2) Every person to whom a request is directed under subsection (1) shall comply with the request. Risk information (3) Every clearing house shall provide the Bank with any information and documents that the Governor of the Bank may require to enable them to determine whether the clearing and settlement system poses a systemic risk or payments system risk, including (a) the names of its participants; (b) copies of its constating documents, by-laws, resolutions, agreements, rules, procedures and other documents governing its establishment and operation; (c) the names of its directors, committee members and auditors; (d) copies of its reports, statements or other documents that are required to be filed with any government authority or regulatory body; and (e) copies of its financial statements. 1996, c. 6, s. 162 (Sch., s. 14); 2014, c. 39, s. 370 2021, c. 23, s. 136
Payment Clearing and Settlement Act — P-4.4 15
Compliance orders 15 (1) The Bank or the Governor of the Bank may apply to a superior court for an order (a) directing a clearing house or participant to comply with this Act, a directive issued under this Act or an agreement that it has entered into under section 13.2, if the clearing house or participant has failed to comply with this Act, the directive or the agreement, as the case may be; (b) directing a person to comply with a request made under subsection 14(1), if the person has failed to comply with the request; or (c) directing a person to comply with a prohibition or to respect a condition imposed under this Act, if the person has failed to comply with the prohibition or to respect the condition. Powers of the court (2) The court may make any order referred to in subsection (1) and may also make any further order that it considers appropriate. 1996, c. 6, s. 162 (Sch., s. 15); 2012, c. 5, s. 214; 2014, c. 39, s. 371
Payment Clearing and Settlement Act — P-4.4 16
Offence and punishment 16 Every person who, without reasonable cause, contravenes any provision of this Act is guilty of an offence and (a) in the case of a natural person, liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding twelve months, or to both; or (b) in the case of any other entity, liable on summary conviction to a fine not exceeding $500,000.
Payment Clearing and Settlement Act — P-4.4 17
Governor or Bank may issue 17 The Governor of the Bank or the Bank may issue guidelines in respect of any matter relating to the administration or enforcement of this Act.
Payment Clearing and Settlement Act — P-4.4 18
Information confidential 18 (1) Information obtained under this Act is confidential and shall be treated accordingly. Disclosure permitted (2) Nothing in subsection (1) prevents the Bank from disclosing any information, if the Bank is satisfied that the information will be treated as confidential by the authority, body or person to which it is disclosed, (a) to any government authority or regulatory body charged with the regulation of (i) financial institutions, as defined in section 2 of the Trust and Loan Companies Act , for purposes related to that regulation, or (ii) entities that provide clearing or settlement services in connection with securities transactions or eligible financial contracts, for purposes related to that regulation; and (b) to the Deputy Minister of Finance or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance or to the Chief Executive Officer of the Canada Deposit Insurance Corporation or any other officer of that Corporation authorized in writing by the Chief Executive Officer. Disclosure permitted (3) Nothing in subsection (1) prevents the Bank from disclosing any information regarding a clearing and settlement system that the Bank has designated under subsection 4(1) to any government authority or regulatory body charged with the regulation of systems or arrangements for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations, for purposes related to that regulation, if the Bank is satisfied that the information will be treated as confidential by the authority or body to which it is disclosed. Disclosure outside Canada (4) Before the Bank discloses information to a government authority or regulatory body outside Canada, the Bank shall enter into an arrangement or agreement with the authority or body regarding the terms of the disclosure. 1996, c. 6, s. 162 (Sch., s. 18); 2012, c. 5, s. 215; 2014, c. 39, s. 372; 2016, c. 7, s. 178 2021, c. 23, s. 137
Payment Clearing and Settlement Act — P-4.4 18.1
No disclosure 18.1 Subject to the regulations, a clearing house shall not disclose oversight information. 2018, c. 12, s. 241
Payment Clearing and Settlement Act — P-4.4 18.2
Evidentiary privilege 18.2 (1) Oversight information shall not be used as evidence in any civil proceedings and is privileged for that purpose. No testimony or production (2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any oversight information. Exceptions to subsection (1) (3) Despite subsection (1), (a) the Minister, the Governor of the Bank, the Bank or the Attorney General of Canada may, subject to the regulations, use oversight information as evidence in any proceedings; and (b) a clearing house may, subject to the regulations, use oversight information as evidence in any proceedings in relation to the administration or enforcement of this Act, the Bankruptcy and Insolvency Act , the Companies’ Creditors Arrangement Act or the Winding-up and Restructuring Act that are commenced by the Minister, the Bank or the Attorney General of Canada. Exceptions to subsections (1) and (2) (4) Despite subsections (1) and (2), a court, tribunal or other body may, by order, require the Minister, the Governor of the Bank, the Bank or a clearing house to give oral testimony or to produce any document relating to any oversight information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Governor of the Bank, the Bank or the Attorney General of Canada. No waiver (5) The disclosure of any oversight information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1). 2018, c. 12, s. 241
Payment Clearing and Settlement Act — P-4.4 19
Statutory Instruments Act 19 A designation under subsection 4(1), a directive issued under this Act, a declaration of non-viability made under subsection 11.06(1), a direction given under subsection 11.1(6) or an order made under subsection 11.09(1) or 11.11(1) is not a statutory instrument for the purposes of the Statutory Instruments Act . 1996, c. 6, s. 162 (Sch., s. 19) 2018, c. 12, s. 236
Payment Clearing and Settlement Act — P-4.4 20
No liability if in good faith 20 No action lies against Her Majesty, the Minister, the Bank, any officer, employee or director of the Bank or any person acting under the direction of the Governor of the Bank for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed. 1996, c. 6, s. 162 (Sch., s. 20); 1999, c. 28, s. 134
Payment Clearing and Settlement Act — P-4.4 21
No stay on judicial review 21 On an application for judicial review under the Federal Courts Act of any designation under subsection 4(1) or of any directive issued under this Act, no stay of the designation or directive shall be granted pending the final disposition of the application. 1996, c. 6, s. 162 (Sch., s. 21); 2002, c. 8, s. 182
Payment Clearing and Settlement Act — P-4.4 22
Participants responsible where no clearing house 22 (1) Where a clearing and settlement system does not have a clearing house located in Canada, the Canadian participants (a) shall comply with the obligations imposed under this Act on a clearing house in respect of a clearing and settlement system, and (b) have all the rights conferred by this Act on a clearing house in respect of a clearing and settlement system in the same manner and to the same extent as if the Canadian participants were the clearing house on which those obligations and rights are imposed or conferred and, for that purpose, any action that the Bank may take in respect of a clearing house may only be taken in respect of the Canadian participants. Participants responsible where clearing house fails to comply, etc. (2) Where a clearing house fails to comply with the obligations imposed on it under this Act in respect of its clearing and settlement system or otherwise contravenes this Act, the participants jointly and severally shall comply with those obligations or are liable for the contravention in the same manner and to the same extent as if the participants were the clearing house on which the obligations are imposed or that committed the contravention. (3) [Repealed, 2012, c. 5, s. 216] 1996, c. 6, s. 162 (Sch., s. 22); 2012, c. 5, s. 216
Payment Clearing and Settlement Act — P-4.4 22.1
Foreign participation 22.1 (1) An authorized foreign bank or foreign institution that is or wishes to be a participant in a designated clearing and settlement system shall provide the Governor of the Bank with any information regarding the application of foreign laws to the authorized foreign bank or foreign institution that the Governor considers necessary. Prohibition or conditions (2) The Governor of the Bank may prohibit the authorized foreign bank or foreign institution from being a participant in the designated clearing and settlement system or may require it to comply with any conditions with respect to its participation that the Governor considers necessary if the Governor is of the opinion, on the basis of the information provided under subsection (1) or of any other information that the Governor considers relevant, that its participation could pose a systemic risk or a payments system risk or could pose an unacceptable risk to the Bank in guaranteeing settlement of the authorized foreign bank’s or foreign institution’s obligations. Powers of Governor of Bank (3) The Governor’s powers under subsection (2) are in addition to all other powers conferred on the Governor and the Bank by this Act. Definitions (4) The definitions in this subsection apply in this section. authorized foreign bank means an authorized foreign bank within the meaning of section 2 of the Bank Act . ( banque étrangère autorisée ) designated clearing and settlement system [Repealed, 2014, c. 39, s. 373] foreign institution means a foreign institution within the meaning of section 2 of the Bank Act . ( institution étrangère ) 1999, c. 28, s. 135; 2014, c. 39, s. 373; 2017, c. 33, s. 193
Payment Clearing and Settlement Act — P-4.4
authorized foreign bank means an authorized foreign bank within the meaning of section 2 of the Bank Act . ( banque étrangère autorisée )
Payment Clearing and Settlement Act — P-4.4
designated clearing and settlement system [Repealed, 2014, c. 39, s. 373]
Payment Clearing and Settlement Act — P-4.4
foreign institution means a foreign institution within the meaning of section 2 of the Bank Act . ( institution étrangère )
Payment Clearing and Settlement Act — P-4.4 23
Information 23 A participant is not required to provide information to the Bank under this Act concerning another participant of a clearing and settlement system if that information is not available to all the participants.
Payment Clearing and Settlement Act — P-4.4 24
Regulations 24 The Governor in Council may make regulations (a) providing for rules concerning conflicts of interest for the purpose of subsection 11.04(6); (b) respecting resolution plans and the requirement that the Bank develop and maintain them under subsection 11.05(1); (c) respecting what constitutes a service that is critical to the operation of the clearing and settlement system or of the clearing house for the purposes of paragraph 11.07(1)(f); (d) respecting what constitutes a limited clearing member for the purposes of subsection 11.11(4); (e) for the purpose of section 11.18, respecting what constitutes costs of the resolution and the recovery of those costs, including to specify the persons or entities from which costs may be recovered; (f) respecting the compensation for the purposes of sections 11.26 to 11.3, including to (i) prescribe persons or entities referred to in subsection 11.26(1), (ii) provide for the factors that the Bank shall or shall not consider in making a decision under subsection 11.26(1), (iii) provide for the circumstances in which any shares or other right or interest received by another person or entity as a result of an order made under paragraph 11.09(1)(b) or retained by another person or entity may be taken into account in determining the amount of compensation to which a prescribed person or entity is entitled, (iv) prescribe the circumstances in which an assessor must be appointed under section 11.28, (v) provide for the factors that an assessor shall or shall not consider in making a decision, and (vi) provide for procedural requirements; (g) prescribing collateral for the purpose of paragraph (e) of the definition financial collateral in subsection 13(2); (h) respecting what constitutes oversight information for the purposes of sections 18.1 and 18.2; (i) respecting the disclosure of oversight information for the purposes of section 18.1; and (j) respecting the circumstances in which oversight information may be used as evidence for the purposes of subsection 18.2(3). 2012, c. 31, s. 172 2018, c. 12, s. 237 2018, c. 12, s. 242 2018, c. 12, s. 243
Payment Clearing and Settlement Act — P-4.4 120
Payment Clearing and Settlement Act 120 An amendment to the Payment Clearing and Settlement Act made by any of sections 110 to 112 of this Act applies only to a party to a netting agreement who, on or after the day on which the amendment comes into force, (a) is a person described in any of paragraphs 117 (a) to (d); (b) is a person described in section 118 ; (c) is a person in respect of whom proceedings have been commenced under the Companies’ Creditors Arrangement Act ; (d) is a person in respect of whom winding up proceedings have been commenced under the Winding-up and Restructuring Act ; or (e) is a person subject to an order of a court made pursuant to an administration of a reorganization, arrangement or receivership involving insolvency.
An Act respecting payments to a trust established to provide provinces and territories with funding for community development — P-4.6 Preamble
Preamble Whereas Canada intends to support vulnerable communities through a national initiative to provide provinces and territories with funding in support of activities to strengthen the economic opportunities for communities and workers negatively affected by international economic volatility;
An Act respecting payments to a trust established to provide provinces and territories with funding for community development — P-4.6
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
An Act respecting payments to a trust established to provide provinces and territories with funding for community development — P-4.6 1
Maximum payment of $1,000,000,000 1 (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding one billion dollars, to a trust established to provide provinces and territories with funding to support provincial and territorial initiatives to assist the adjustment of vulnerable communities to international economic volatility. Provincial or territorial share (2) The amount that may be provided to a province or territory under this section is to be determined in accordance with the terms of the trust indenture establishing the trust. Payments out of C.R.F. (3) Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, at the times and in the manner that the Minister of Finance considers appropriate.
Patent Act — P-4 1
Short title 1 This Act may be cited as the Patent Act . R.S., c. P-4, s. 1
Patent Act — P-4 2
Definitions 2 In this Act, except as otherwise provided, applicant includes an inventor and the legal representatives of an applicant or inventor; ( demandeur ) certificate of supplementary protection means a certificate issued by the Minister of Health under section 113; ( certificat de protection supplémentaire ) claim date means the date of a claim in an application for a patent in Canada, as determined in accordance with section 28.1; Commissioner means the Commissioner of Patents; ( commissaire ) country includes a WTO Member , as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act ; ( pays ) filing date means the date on which an application for a patent in Canada is filed, as determined in accordance with section 28 or subsection 28.01(2) or 36(4); ( date de dépôt ) holder means, with respect to a certificate of supplementary protection, the person for the time being that is entitled to the benefit of the certificate; ( titulaire ) invention means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter; ( invention ) legal representatives includes heirs, executors, administrators of the estate, liquidators of the succession, guardians, curators, tutors, transferees and all other persons claiming through applicants for patents and patentees of inventions or through holders of certificates of supplementary protection; ( représentants légaux ) Minister means the Minister of Industry or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre ) patent means letters patent for an invention; ( brevet ) patent agent has the same meaning as in section 2 of the College of Patent Agents and Trademark Agents Act ; ( agent de brevets ) patentee means the person for the time being entitled to the benefit of a patent; ( breveté ou titulaire d’un brevet ) predecessor in title includes any person through whom an applicant for a patent in Canada claims the right to the patent; ( prédécesseur en droit ) prescribed means prescribed by rules or regulations of the Governor in Council and, in the case of a fee, includes a fee determined in the manner prescribed; ( réglementaire ) prescribed fee [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 1] priority date [Repealed, 1993, c. 15, s. 26] regulation includes a rule or form; ( règlement ) regulation and rule [Repealed, 2017, c. 6, s. 32] request for priority means a request under section 28.4; ( demande de priorité ) rule includes a regulation or form. ( règle ) work on a commercial scale [Repealed, 1993, c. 44, s. 189] R.S., 1985, c. P-4, s. 2; R.S., 1985, c. 33 (3rd Supp.), s. 1; 1992, c. 1, s. 145(F); 1993, c. 2, s. 2, c. 15, s. 26, c. 44, s. 189; 1994, c. 47, s. 141; 1995, c. 1, s. 62; 2014, c. 20, s. 366(E); 2014, c. 39, s. 114; 2017, c. 6, ss. 32, 135 2018, c. 27, s. 249
Patent Act — P-4
applicant includes an inventor and the legal representatives of an applicant or inventor; ( demandeur )
Patent Act — P-4
certificate of supplementary protection means a certificate issued by the Minister of Health under section 113; ( certificat de protection supplémentaire )
Patent Act — P-4
claim date means the date of a claim in an application for a patent in Canada, as determined in accordance with section 28.1;
Patent Act — P-4
Commissioner means the Commissioner of Patents; ( commissaire )
Patent Act — P-4
country includes a WTO Member , as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act ; ( pays )
Patent Act — P-4
filing date means the date on which an application for a patent in Canada is filed, as determined in accordance with section 28 or subsection 28.01(2) or 36(4); ( date de dépôt )
Patent Act — P-4
holder means, with respect to a certificate of supplementary protection, the person for the time being that is entitled to the benefit of the certificate; ( titulaire )
Patent Act — P-4
invention means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter; ( invention )
Patent Act — P-4
legal representatives includes heirs, executors, administrators of the estate, liquidators of the succession, guardians, curators, tutors, transferees and all other persons claiming through applicants for patents and patentees of inventions or through holders of certificates of supplementary protection; ( représentants légaux )
Patent Act — P-4
Minister means the Minister of Industry or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
Patent Act — P-4
patent means letters patent for an invention; ( brevet )
Patent Act — P-4
patent agent has the same meaning as in section 2 of the College of Patent Agents and Trademark Agents Act ; ( agent de brevets )
Patent Act — P-4
patentee means the person for the time being entitled to the benefit of a patent; ( breveté ou titulaire d’un brevet )
Patent Act — P-4
predecessor in title includes any person through whom an applicant for a patent in Canada claims the right to the patent; ( prédécesseur en droit )
Patent Act — P-4
prescribed means prescribed by rules or regulations of the Governor in Council and, in the case of a fee, includes a fee determined in the manner prescribed; ( réglementaire )
Patent Act — P-4
prescribed fee [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 1]
Patent Act — P-4
priority date [Repealed, 1993, c. 15, s. 26]
Patent Act — P-4
regulation includes a rule or form; ( règlement )
Patent Act — P-4
regulation and rule [Repealed, 2017, c. 6, s. 32]
Patent Act — P-4
request for priority means a request under section 28.4; ( demande de priorité )
Patent Act — P-4
rule includes a regulation or form. ( règle )
Patent Act — P-4
work on a commercial scale [Repealed, 1993, c. 44, s. 189]
Patent Act — P-4 2.1
Binding on Her Majesty 2.1 This Act is binding on Her Majesty in right of Canada or a province. 1993, c. 44, s. 190
Patent Act — P-4 3
Patent Office 3 There shall be attached to the Department of Industry, or to such other department of the Government of Canada as may be determined by the Governor in Council, an office called the Patent Office. R.S., 1985, c. P-4, s. 3; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63