GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Small Business Financing Regulations — 33
33 (1) On the sale of all assets of a small business whose purchase or improvement is being financed by a loan, the borrower may be released by the lender from, and the purchaser may assume, liability in respect of the loan if (a) the purchaser is approved by the lender as a borrower in accordance with the due diligence requirements referred to in section 8 and the outstanding loan amount is not greater than the applicable limit referred to in any of paragraphs 4(2)(b) to (e) of the Act or in section 6.1; (b) security of the same rank is maintained or taken by the lender on the assets that were used to secure the loan; and (c) a guarantee or suretyship referred to in section 19 taken with respect to the loan is replaced with another guarantee or suretyship in accordance with that section of an equal or greater value. (2) On a change of partners in a partnership, an outgoing partner may be released from, and a new partner may assume, liability in respect of a loan if (a) the new partner is approved by the lender as a borrower in accordance with the due diligence requirements referred to in section 8 and the outstanding loan amount is not greater than the applicable limit referred to in any of paragraphs 4(2)(b) to (e) of the Act or in section 6.1; (b) security of the same rank is maintained or taken by the lender on the assets that were used to secure the loan; and (c) a guarantee or suretyship referred to in section 19 given with respect to the loan is replaced with another guarantee or suretyship in accordance with that section for an equal or greater value. (3) On leaving a partnership, an outgoing partner who is not being replaced with a new partner may be released from liability in respect of a loan if (a) the remaining partners are approved by the lender as borrowers in accordance with the due diligence requirements referred to in section 8 and the outstanding loan amount is not greater than the applicable limit referred to in any of paragraphs 4(2)(b) to (e) of the Act or in section 6.1; (b) security of the same rank is maintained or taken by the lender on the assets that were used to secure the loan; and (c) a guarantee or suretyship referred to in section 19 given with respect to the loan is replaced with another guarantee or suretyship in accordance with that section for an equal or greater value. SOR/2014-7, s. 21; SOR/2016-18, s. 9 SOR/2022-157, s. 19
Canada Small Business Financing Regulations — 34
34 A lender must provide the Minister, before every June 1, with a detailed report on all loans outstanding with that lender as at March 31 in the year of the report, including the following information with respect to each loan: (a) the registration number; (b) the borrower’s name; (c) the amount of principal that is outstanding and not yet due and payable as at March 31 in that year; and (d) the amounts, if any, of principal and interest that are due and payable as at March 31 in that year. SOR/2009-102, s. 20
Canada Small Business Financing Regulations — 35
35 If the lender does not provide a report in accordance with section 34, the Minister is not liable after the day on which the report was due for any loss sustained by the lender as a result of a loan in respect of which the information specified in any of paragraphs 34(1)(a) to (d) was not provided.
Canada Small Business Financing Regulations — 36
36 The outstanding amount of the loan becomes due and payable and the borrower is in default as of the day on which the borrower fails to comply with a material condition of the loan agreement. SOR/2014-7, s. 22
Canada Small Business Financing Regulations — 37
37 (1) [Repealed, SOR/2022-157, s. 20] (2) If a borrower is in default under section 36, the lender must demand repayment of the outstanding amount of the loan within the period specified in the demand before submitting a claim for loss sustained as a result of a loan under section 38. (3) If the outstanding amount of the loan is not repaid within the period specified, the lender must take any of the following measures that will minimize the loss sustained by it in respect of the loan or that will maximize the amount recovered: (a) collect the principal and interest outstanding on the loan; (b) fully realize any security, guarantee or suretyship; (c) realize on any insurance policy under which the lender is the beneficiary; (d) fully implement a compromise settlement with the borrower or with a guarantor or surety or any other person on behalf of the borrower, guarantor or surety; and (e) subject to subsection (4), take legal proceedings, including the enforcement of any resulting judgment, if the estimated cost of the proceedings is not greater than the estimated amount that may be recovered. (4) If the borrower is a partnership or a sole proprietor, the lender may not execute a judgment by realizing on the assets (other than the assets of the small business in respect of which the loan is made) of the partners or sole proprietor, in an amount greater than the sum of (a) in the case of a loan made before April 1, 2014, 25% of the original amount of the loan and in the case of a loan made after March 31, 2014, the original amount of the loan, (b) interest on the judgment, (c) taxed costs for, or incidental to, the legal proceedings against the borrower, and (d) legal fees and disbursements — other than costs referred to in paragraph (c) — and other costs incurred by the lender for services rendered to it by persons other than its employees for the purpose of the legal proceedings against the borrower. SOR/2009-102, s. 21; SOR/2014-7, s. 23 SOR/2022-157, s. 20 SOR/2024-64, s. 5(F)
Canada Small Business Financing Regulations — 38.1
38.1 (1) If the Minister has paid the lender the amount of any loss, calculated in accordance with subsection 38(7), the lender may, within the applicable period set out below, submit an additional claim for part of the previously unclaimed loss if the failure to respect the deadline for claiming that part of the loss was inadvertent: (a) in the case where the lender has notified the Minister of recovery of 100% of the compromise settlement, guarantee or suretyship under subsection 39(4), within 12 months after the day of notification; (b) in the case where the lender has submitted a final claim under subsection 39(5) after an interim claim, within 12 months after the day on which the claim was made final; and (c) in any other case, within 12 months after the date of expiry of the period specified in subsection 38(2) or (3), as the case may be. (2) An additional claim for part of the loss arising from any amount paid as a result of a claim submitted under a deemed trust by the Canada Revenue Agency or by any provincial department of revenue may be submitted after the period specified in subsection (1). (3) An additional claim for part of the loss must be certified by the lender and be accompanied (a) in the case of an additional claim submitted under subsection (1) in respect of a loan referred to in any of paragraphs 5(1)(a) to (d), by documentation that substantiates (i) the cost and proof of payment of the purchase or improvement that was financed by the loan in an amount equal to or greater than 75% of the principal outstanding on the loan, and (ii) if appropriate, the costs referred to in paragraphs 38(7)(c) and (d) that were not previously claimed; (a.1) in the case of an additional claim submitted under subsection (1) in respect of a loan referred to in paragraph 5(1)(e), (i) by an attestation signed by the borrower stating that (A) the line of credit will only be used to pay for working capital costs, and (B) the working capital costs paid through the line of credit were not incurred more than 365 days before the line of credit was authorized, and (ii) if appropriate, by documentation that substantiates the costs referred to in paragraphs 38(7)(c) and (d) that were not previously claimed; and (b) in the case of an additional claim submitted under subsection (2), by documentation that substantiates (i) the amount paid as a result of a claim submitted under a deemed trust by the Canada Revenue Agency or by any provincial department of revenue, and (ii) if appropriate, the costs referred to in paragraphs 38(7)(c) and (d) that were not previously claimed. SOR/2014-7, s. 25; SOR/2016-18, s. 11 SOR/2022-157, s. 22
Canada Small Business Financing Regulations — 39
39 (1) A lender may make an interim claim to the Minister in accordance with this section for loss sustained as a result of a loan where the lender has taken all of the measures described in subsection 37(3) that are applicable and (a) paragraph 37(3)(b) applies but the guarantee or suretyship has not been fully realized; or (b) paragraph 37(3)(d) applies but the compromise settlement has not been fully implemented. (2) The Minister must pay the interim claim as if the lender had fully implemented the compromise settlement or fully realized the guarantee or suretyship at the time the interim claim is submitted. (3) Subsections 38(2) to (8) apply, with any modifications that the circumstances require, in respect of the submission of an interim claim. (4) If, after the interim claim is paid, the lender, by fully implementing the compromise settlement or fully realizing the guarantee or suretyship, recovers 100% of the compromise settlement, guarantee or suretyship, the lender must so notify the Minister and the interim claim is deemed to be a final claim. (5) If, after the interim claim is paid, the lender, by fully implementing the compromise settlement or fully realizing the guarantee or suretyship, recovers less than 100% of the compromise settlement, guarantee or suretyship, the lender may submit a final claim under section 38 for the difference. SOR/2014-7, s. 26(E) SOR/2022-157, s. 23
Canada Small Business Financing Regulations — 40
40 (1) When the Minister pays a lender for a loss sustained by it as a result of a loan, Her Majesty is subrogated from the payment of the final claim for the loss to the rights of the lender up to the amount paid by the Minister. (2) If, after the Minister makes the payment, additional proceeds are realized from the taking of any measures by the lender described in subsection 37(3), the Minister must be paid an amount equal to 85% of the proceeds and the lender must be paid an amount equal to 15%. (3) The payment made to the Minister under subsection (2) is to be taken into account in determining the losses sustained by the lender on loans made after March 31, 2009 when calculating the Minister’s limit of liability with respect to the lender under subsection 6(2) of the Act. SOR/2009-102, s. 23; SOR/2014-7, s. 27
Canada Small Business Financing Regulations — 41
41 These Regulations come into force on April 1, 1999.
Canada Lands Surveyors Regulations — a
The Minister of Natural Resources, pursuant to section 62 of the Canada Lands Surveyors Act a , hereby approves the annexed Canada Lands Surveyors Regulations , made by the Council of the Association of Canada Lands Surveyors. a S.C. 1998, c. 14
Canada Lands Surveyors Regulations — Canada Lands Surveyors Regulations
Act means the Canada Lands Surveyors Act . ( Loi )
Canada Lands Surveyors Regulations — Canada Lands Surveyors Regulations
incompetence means a lack of knowledge, skill or judgment or a disregard for the public interest of such a nature or to such an extent as to demonstrate that the member of the Association, Canada Lands Surveyor or permit holder is unable to meet the requirements of the profession or to conduct surveys in accordance with the Act or any other Act respecting surveying or any regulations made thereunder. ( incompétence )
Canada Lands Surveyors Regulations — Canada Lands Surveyors Regulations
member of the Association means a member of the Association of Canada Lands Surveyors. ( membre de l’Association )
Canada Lands Surveyors Regulations — (a)
professional misconduct , in respect of a member of the Association, Canada Lands Surveyor or permit holder, as the case may be, means any of the following: (a) receiving a conviction in a court of competent jurisdiction of an offence relating to surveying; (b) contravening the Act, these Regulations or the by-laws, or any other Act or regulations relating to surveying; (c) failing to comply with the code of ethics of the Association; (d) and (e) [Repealed, SOR/2011-291, s. 1] (f) failing to engage employees that are competent by virtue of education or training, or both, to perform the duties assigned to them; (g) knowingly allowing or encouraging employees who are not Canada Lands Surveyors to engage in activities that reasonably would be regarded as those of a Canada Lands Surveyor; (h) and (i) [Repealed, SOR/2011-291, s. 1] (j) charging a fee for services not performed or knowingly submitting a false or misleading estimate, account or charge for services; (k) [Repealed, SOR/2011-291, s. 1] (l) making a false or malicious statement or publication that injures the professional reputation, the prospects or surveying business of another member of the Association, Canada Lands Surveyor or permit holder; (m) soliciting or accepting any work when the member of the Association, Canada Lands Surveyor or permit holder knows or has reason to believe that another member of the Association, Canada Lands Surveyor or permit holder is engaged for the same purpose by the same client; (n) offering a remuneration or an inducement to secure employment or a contract for services; (o) [Repealed, SOR/2011-291, s. 1] (p) failing to cooperate with the Association with respect to a claim made under a professional liability insurance policy; (q) failing to cooperate with the Association in a review of the surveying activities of a member of the Association; (q.1) failing to attend or produce documents in accordance with a notice issued under subsection 49(3) or (5); (r) authorizing a non-member to act in a manner that would lead the public to believe that the non-member was licensed in accordance with the Act and these Regulations; (s) engaging in conduct relevant to surveying that, having regard to all the circumstances, would reasonably be regarded by members of the Association as dishonourable or unprofessional; (t) failing to remedy poor, incorrect or incomplete work after acknowledging that a deficiency exists; (u) failing, in respect of a permit holder, to immediately notify the Registrar when there is no longer a member of the Association available to supervise services offered by the permit holder which must be supervised by such a member; (v) failing, in respect of a permit holder, to ensure that work is carried out under the supervision of a member of the Association; and (w) authorizing, permitting, counselling, abetting, assisting, aiding or acquiescing in any act or omission referred to in paragraphs (b) to (v). ( manquement professionnel )
Canada Lands Surveyors Regulations — 2
2 For the purposes of the code of ethics set out in section 3, members means members of the Association, Canada Lands Surveyors, licence holders and permit holders.
Canada Lands Surveyors Regulations — 3
3 (1) Members shall abide by the code of ethics set out in subsections (2) to (7). (2) Members shall serve the public to the best of their knowledge and ability and with accuracy and efficiency for the development and peaceful enjoyment of Canada’s lands and natural resources. (3) Members shall be honest and trustworthy and shall, in particular, (a) maintain confidentiality with respect to client or employer affairs during the term of their contract or employment and after their contract or employment has been terminated; (b) certify only work that was performed by the member or under the member’s supervision; and (c) enter into fee-splitting arrangements only with the knowledge and consent of their client. (4) Members shall be vigilant upholders of the law relating to their profession and shall refrain from, in particular, (a) entering into an arrangement that would allow the unauthorized practice of their profession; and (b) knowingly or willingly becoming accessories to a failure to report any illegal practice of their profession to the Council of the Association. (5) Members shall avoid any appearance of professional impropriety and shall, in particular, (a) declare to their clients or employers any conflict of interest that impairs the quality of their services; (b) ensure, to the best of their ability that their names are not used in association with persons or enterprises of dubious or doubtful ethics; and (c) accept no compensation from more than one source for the same service without the consent of all parties involved. (6) Members shall charge and accept only fair and reasonable compensation for their services and shall, in particular, (a) make their claims for compensation commensurate with the professional and technical complexity of their services, their level of responsibility and their professional liability; and (b) make details relevant to their claims for compensation available to their client on request. (7) Members shall maintain their competence, integrity and respect for their profession in their relations with colleagues, clients, employers or employees and the public and shall, in particular, (a) assume professional responsibility for all phases of survey work carried out under their supervision; (b) cultivate into their employees the utmost integrity and a clear understanding of the professional obligations of surveyors to the public; (c) [Repealed, SOR/2011-291, s. 2] (d) continually advance their skills and knowledge through study and educational programs; (e) refrain from public criticism of the conduct or practice of colleagues; (f) report any perceived professional misconduct or incompetence of members to the Registrar; (g) keep adequate records of their work such that its quality can be judged by their peers; (h) refrain from accepting assignments beyond their competence or beyond the resources available to them; and (i) avoid misleading and self-laudatory language in their advertising. SOR/2011-291, s. 2
Canada Lands Surveyors Regulations — 4
4 Unless otherwise stated, a quorum of a committee of the Association shall be a majority of its members.
Canada Lands Surveyors Regulations — 5
5 Members of committees shall be appointed by the Council.
Canada Lands Surveyors Regulations — 6
6 (1) The Executive Committee of the Association shall be composed of (a) the President of the Association; (b) the Vice-President of the Association, who shall preside in the President’s absence; (c) the past President of the Association, as defined in the by-laws; and (d) one or more members of the Council. (2) A quorum of the Executive Committee shall be three members of the committee, at least one of whom is the President or the Vice-President.
Canada Lands Surveyors Regulations — 7
7 (1) The Board of Examiners shall be composed of (a) a chairperson; and (b) four members of the Association. (2) A quorum of the Board of Examiners shall be three members of the Board. (3) If the chairperson or a member is unable to perform the duties of the Board of Examiners, the Council shall appoint a replacement. (4) The chairperson and every member of the Board of Examiners shall, before entering office, take, before any person duly authorized to take oaths or affidavits, an oath (or solemn affirmation) in the following form: I, ...................., do solemnly swear (or affirm) that I will faithfully discharge the duty of an examiner of candidates for a commission as a Canada Lands Surveyor according to law and without favour, affection or partiality. ( Add, in the case of an oath : So help me God.)
Canada Lands Surveyors Regulations — 8
8 (1) The Complaints Committee shall be composed of (a) at least one elected member of the Council; (b) one member of the Council appointed to the Council by the Minister; and (c) at least three members of the Association. (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee. (3) The Council shall appoint one member of the Complaints Committee to be the chairperson. (4) A quorum of the Complaints Committee consists of three members of the Committee, one of whom is an elected member of the Council. SOR/2006-188, s. 1
Canada Lands Surveyors Regulations — 9
9 (1) The Discipline Committee shall be composed of (a) at least one elected member of the Council; (b) one member of the Council appointed to the Council by the Minister; and (c) at least three members of the Association who each have no less than ten years experience in surveying. (2) The Council shall appoint one member of the Discipline Committee to be the chairperson. (3) A quorum of the Discipline Committee shall be the member who is appointed to the Council by the Minister and two other members of the Committee. (4) If the Discipline Committee commences a hearing and a member of the Committee becomes unable to act, the remaining members may complete the hearing in the absence of the member who is unable to act, provided a quorum is maintained. (5) If a proceeding is commenced before the Discipline Committee and the term of office of a member of the Committee expires or is terminated, other than for professional misconduct or incompetence, before the proceeding is disposed of but after evidence has been heard, the member shall remain a member of the Committee for the purpose of completing the disposition of the proceeding in the same manner as if the term of office had not expired or been terminated.
Canada Lands Surveyors Regulations — 10
10 (1) The Registrar shall maintain a register of Canada Lands Surveyors in which the following information is entered in respect of each surveyor: (a) name; (b) commission granted; (c) number and date of commission; (d) status of commission; and (e) all available information about the surveyor’s address. (2) The Registrar shall maintain a register of members of the Association in which the following information is to be entered in respect of each member, including former members: (a) name; (b) date of enrolment and date of any change in category of membership; (c) category of membership; (d) address and telephone number; (e) name and address of partnership, firm or employer; (f) status of membership fee payments; (g) status of membership; (h) date of issue of licence; (i) status of licence fee payments; (j) status of licence; (k) proof of liability insurance coverage or proof of exemption therefrom; and (l) information about any claim against the member for professional liability. (3) The Registrar shall maintain a register of permit holders in which the following information is entered in respect of each permit holder: (a) name; (b) date on which a permit was first issued; (c) address and telephone number; (d) names of the members of the Association responsible for the surveying services offered by the permit holder; (e) date of issue of permit; (f) status of permit fee payments; (g) status of permit; (h) proof of liability insurance coverage or proof of exemption therefrom; and (i) information about any claim against the permit holder for professional liability. SOR/2003-1, s. 2(E)
Canada Lands Surveyors Regulations — 11
11 A person may apply to become a member of the Association by submitting to the Registrar an application on the form provided by the Association.
Canada Lands Surveyors Regulations — 12
12 (1) An application for a renewal of membership shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association. (2) The Registrar shall renew the membership if the application complies with the requirements of the Act and these Regulations.
Canada Lands Surveyors Regulations — 13
13 (1) A person whose membership has lapsed or has been cancelled may apply for a new membership in accordance with section 11. (2) The Registrar shall grant the new membership if the application complies with the requirements of the Act and these Regulations.