GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Payments Act — C-21 31
Definition of priority payment instrument 31 (1) In this section, priority payment instrument means a money order, bank draft or similar instrument issued, directly or indirectly, by a member other than a money order, bank draft or similar instrument issued by a member to another member for the purpose of effecting a payment between those members. Priority on insolvency (2) Despite any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, if a bankruptcy order is made against a member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order: (a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the bankruptcy order or winding-up order; and (b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the bankruptcy order or winding-up order. (3) [Repealed, 1996, c. 6, s. 163] Time limit (4) Despite subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made under that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the bankruptcy order or winding-up order. Preferences (5) Subsection (2) shall not be construed or applied to permit an unpaid cheque, an order or a priority payment instrument to be paid in priority to any other claim (a) where the cheque or order had been certified by the insolvent member, or (b) where the priority payment instrument had been issued, directly or indirectly, by the insolvent member, with a view to giving the drawee of the cheque, order or unpaid priority instrument a preference over the other creditors of the insolvent member. Definition of preference (6) In subsection (5), preference means a preference within the meaning of the Bankruptcy and Insolvency Act or the Winding-up and Restructuring Act . Definition of member (7) For purposes of this section, member includes a local that is a member of a central that is a member of the Association. R.S., 1985, c. C-21, s. 31; 1992, c. 27, s. 90; 1996, c. 6, ss. 163, 167; 2004, c. 25, s. 192
Canadian Payments Act — C-21 32
Insolvency 32 (1) No law relating to the insolvency of any body corporate, except Part I.1 of the Payment Clearing and Settlement Act , applies to the Association. Winding-up (2) No law relating to the winding-up of any body corporate applies to the Association and in no case shall its affairs be wound up unless Parliament so provides. R.S., 1985, c. C-21, s. 32 2018, c. 12, s. 238
Canadian Payments Act — C-21 34
Application of Canada Business Corporations Act 34 (1) Subsections 16(1) and 21(1), sections 23, 116, 155, 158, 159, 161, 164 to 166 and 168, subsection 169(1), section 170, subsections 171(7) and (8), section 172 and subsections 257(1) and (2) of the Canada Business Corporations Act apply, with such modifications as the circumstances require, to the Association as if it were a corporation incorporated under that Act. Exemption from Canada Not-for-profit Corporations Act (2) The Canada Not-for-profit Corporations Act does not apply to the Association. R.S., 1985, c. C-21, s. 34; 1994, c. 24, s. 34(F); 2001, c. 9, s. 242; 2009, c. 23, ss. 320, 351; 2014, c. 39, s. 355
Canadian Payments Act — C-21 35
Regulations by Governor in Council 35 (1) The Governor in Council may make regulations (a) providing for the mandate of committees established under section 20 or 21, eligibility criteria for membership in those committees and their number of members; (b) respecting the election of directors of the Association, including the eligibility of individuals to be elected as directors, and defining independent for the purposes of paragraph 8(1)(d); (c) prescribing the form and content of the Association’s corporate plans and annual reports, and the time and manner in which they must be prepared or submitted; (d) establishing requirements for membership in the Association to be met by persons or classes of persons; (e) respecting the conditions that a money market mutual fund must satisfy; and (f) generally, for carrying out the purposes and provisions of this Part. (2) [Repealed, 2014, c. 39, s. 356] R.S., 1985, c. C-21, s. 35; 2001, c. 9, s. 243; 2014, c. 39, s. 356 2024, c. 15, s. 227(E)
Canadian Payments Act — C-21 36
Definitions 36 The definitions in this section apply in this Part. designated payment system means a payment system designated under subsection 37(1). ( système de paiement désigné ) participant means a party to an arrangement in respect of a payment system. ( participant ) payment system means a system or arrangement for the exchange of messages effecting, ordering, enabling or facilitating the making of payments or transfers of value. ( système de paiement ) rule means a rule, by whatever name called, that governs a designated payment system. It includes an amendment to or a repeal of a rule. ( règles ) 2001, c. 9, s. 244
Canadian Payments Act — C-21
designated payment system means a payment system designated under subsection 37(1). ( système de paiement désigné )
Canadian Payments Act — C-21
participant means a party to an arrangement in respect of a payment system. ( participant )
Canadian Payments Act — C-21
payment system means a system or arrangement for the exchange of messages effecting, ordering, enabling or facilitating the making of payments or transfers of value. ( système de paiement )
Canadian Payments Act — C-21
rule means a rule, by whatever name called, that governs a designated payment system. It includes an amendment to or a repeal of a rule. ( règles )
Canadian Payments Act — C-21 36.1
Application 36.1 This Part does not apply to the Association. 2001, c. 9, s. 244
Canadian Payments Act — C-21 37
Designation by Minister 37 (1) The Minister may, if he or she considers that it is in the public interest to do so, designate a payment system that in the opinion of the Minister (a) is national or substantially national in its scope; or (b) plays a major role in supporting transactions in Canadian financial markets or the Canadian economy. Factors (2) The following factors shall be considered in a determination of whether it is in the public interest to designate a payment system: (a) the level of financial safety provided by the payment system to the participants and users; (b) the efficiency and competitiveness of payment systems in Canada; and (c) the best interests of the financial system in Canada. Consultation (3) Before a payment system is designated, the Minister shall consult the manager and the participants of the payment system and may consult interested parties, with respect to the effect of the designation. Notice (4) The Minister shall notify the manager and the participants of a designated payment system in any manner that the Minister considers appropriate. Designation not statutory instrument (5) A designation is not a statutory instrument for the purposes of the Statutory Instruments Act . However, it must be published in the Canada Gazette . 2001, c. 9, s. 244
Canadian Payments Act — C-21 38
Copies of rules to be sent to Minister 38 (1) A copy of every rule governing a designated payment system shall be sent by the manager of the designated payment system or, if there is none, by the participants to the Minister (a) in the case of a rule made before the designation of the payment system, within 30 days after the designation; and (b) in the case of a rule made after the designation, within 10 days after it is made. Effective date of rule (2) A rule, other than a rule referred to in paragraph (1)(a), does not come into force before the thirtieth day after a copy of it is sent to the Minister under subsection (1), but the Minister may declare the rule to be in force at any time before that period expires. Extension of time (3) If the Minister is of the opinion that an extension of the period mentioned in subsection (2) is necessary to permit adequate review of a rule, the Minister may within 10 days after its receipt, on written notice to the sender of the rule, extend that period by up to 30 days. Disallowance (4) The Minister may disallow the whole or a part of a rule. Exemption (5) The Minister may exempt a designated payment system from the application of subsection (2). 2001, c. 9, s. 244
Canadian Payments Act — C-21 39
Minister may issue guidelines 39 (1) The Minister may issue guidelines in respect of any matter relating to the administration or enforcement of this Part. Guidelines public (2) Guidelines shall be made available to the public and the Minister shall give notice of them in any manner that the Minister considers appropriate. 2001, c. 9, s. 244
Canadian Payments Act — C-21 40
Minister may issue directive 40 (1) The Minister may issue a written directive to the manager or a participant of a designated payment system in respect of (a) the conditions an entity must meet to become a participant in the designated payment system; (b) the operation of the designated payment system; (c) the interaction of the designated payment system with other payment systems; or (d) the relationship of the designated payment system with users. Consultation (2) Before giving a directive, the Minister shall consult the person to whom it is to be given, and may consult any interested party, with respect to the content and effect of the directive. Content (3) The Minister may specify in a directive that a manager of a designated payment system or a participant shall, within such time as the Minister considers necessary, (a) cease or refrain from engaging in an act or course of conduct; (b) perform such acts as in the opinion of the Minister are necessary in the public interest; or (c) make, amend or repeal a rule. Notification of implementation (4) As soon as is practicable after implementing a directive and completing any actions required to be taken in connection with it, the person to whom it is given shall notify the Minister that the directive has been implemented and the action completed. Directive not statutory instrument (5) A directive is not a statutory instrument for the purposes of the Statutory Instruments Act . However, it must be published in the Canada Gazette . Duty to comply (6) A directive is binding on the person to whom it is given. 2001, c. 9, s. 244 2024, c. 15, s. 228(E)
Canadian Payments Act — C-21 41
Information requests 41 (1) If the Minister requires information in order to determine whether a payment system should be designated under subsection 37(1), the Minister may request that the manager of the payment system or a participant provide the Minister with any information and documents regarding the system that the Minister may require. Ongoing information requests (2) Every manager of a designated payment system or, if there is none, the participants shall, in respect of the designated payment system, provide the Minister with such information and documents as the Minister may from time to time request. Compliance with request required (3) Every person to whom a request is directed shall comply with the request. 2001, c. 9, s. 244
Canadian Payments Act — C-21 42
Responsibility if foreign system manager 42 (1) If a designated payment system does not have a Canadian manager, the Canadian participants (a) shall comply with the obligations imposed under this Part on a manager of a designated payment system, and (b) have all the rights conferred by this Part on a manager of a designated payment system in the same manner and to the same extent as if the Canadian participants were the manager of the designated payment system on which those obligations and rights are imposed or conferred and, for that purpose, any action that the Minister may take in respect of the manager of the designated payment system may only be taken in respect of its Canadian participants. Failure to comply of system manager (2) If a manager of a designated payment system fails to comply with the obligations imposed on it under this Part in respect of the designated payment system or otherwise contravenes this Part, 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 the manager. Interpretation (3) In subsection (1), a manager of a designated payment system or a participant is “Canadian” if the manager or participant is incorporated or formed under the laws of Canada or a province. 2001, c. 9, s. 244
Canadian Payments Act — C-21 43
Information is confidential 43 (1) Information and documents obtained under this Act are confidential and shall be treated accordingly. Disclosure permitted (2) Nothing in subsection (1) prevents the Minister from disclosing any information or documents to (a) any government agency or regulatory body charged with the regulation of financial institutions, as defined in section 2 of the Bank Act , for purposes related to that regulation, (b) the Bank of Canada or any officer of the Bank authorized in writing by the Governor of the Bank, and (c) 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, if the Minister is satisfied that the information or documents will be treated as confidential by the agency, body or person to whom they are disclosed. 2001, c. 9, s. 244; 2016, c. 7, s. 170
Canadian Payments Act — C-21 44
No liability if in good faith 44 No action lies against Her Majesty, the Minister, any officer or employee of the Department of Finance or any person acting under the direction of the Minister 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. 2001, c. 9, s. 244
Canadian Payments Act — C-21 45
Compliance orders 45 If a person fails to comply with a provision of this Act or a directive issued to it by the Minister under subsection 19.3(1) or 40(1) in connection with any matter under this Act, or a person to whom a request referred to in section 41 is directed fails to comply with the request, the Minister may apply to a superior court for an order directing the person to comply with the provision, directive or request and, on the application, the court may so order and make any further order it thinks fit. 2001, c. 9, s. 244
Canadian Payments Act — C-21 46
No stay on judicial review 46 On an application for judicial review under the Federal Courts Act of a designation under subsection 37(1) or of a directive issued under subsection 19.3(1) or 40(1), no stay of the designation or directive shall be granted pending the final disposition of the application. 2001, c. 9, s. 244; 2002, c. 8, s. 182
Canadian Payments Act — C-21 46.1
Enforcement of decision 46.1 (1) An order of a compliance panel established under paragraph 8(1)(a) of Canadian Payments Association By-law No. 6 — Compliance may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision. Procedure (2) An order of a compliance panel may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing of a certified copy of the decision with the registrar of the court. Effect of rescission or variation (3) If an order of a compliance panel that has been made an order of a court is rescinded or varied by a subsequent order of the compliance panel, the order of the court is vacated and the subsequent order may be made an order of the court in accordance with subsection (2). Saving (4) The President may enforce any order of a compliance panel whether or not the order has been made an order of a court. 2012, c. 5, s. 209
Canadian Payments Act — C-21 47
Offence and punishment 47 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. 2001, c. 9, s. 244
Canadian Payments Act — C-21 48
Delegation 48 The Minister may delegate any of the Minister’s powers, duties and functions under this Act to any Minister of State appointed under the Ministries and Ministers of State Act to assist the Minister. 2007, c. 6, s. 434
Canadian Payments Act — C-21 50
Review 50 On the fourth anniversary of the day on which this section comes into force, the Minister shall cause to be conducted a review of this Act and its operation and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed. 2024, c. 15, s. 229
Canadian Payments Act — C-21 247
Chairperson continued 247 (1) The person who holds the office of Chairperson of the Board of the Canadian Payments Association immediately before section 8 of the Canadian Payments Act , as amended by section 218 of this Act, comes into force continues in office as the Chairperson of the Board for the remainder of the term for which that person was appointed Chairperson. Directors continued (2) Each person who holds office as a director of the Canadian Payments Association immediately before the day subsection 9(2) of the Canadian Payments Act , as amended by subsection 219(2) of this Act, comes into force ceases to hold office at the close of the next annual meeting of the members of the Association that is held after the coming into force of that subsection. The new directors of the Board shall be elected at that meeting.
Canadian Payments Act — C-21 247.1
Coming into force of rules 247.1 Every rule of the Canadian Payments Association made under the Canadian Payments Association Act before the coming into force of subsection 2(3) of that Act, as enacted by section 219 of this Act, is deemed to have come into force on the day the rule was made.
Canadian Red Cross Society Act — C-22.4
WHEREAS an Association known as the Canadian Red Cross Society has been in operation for some years past, and was actively engaged during the late war in South Africa in contributing funds and tending the sick and wounded; and whereas the said association was in affiliation with the Society in England known as "The National Society for Aid to the Sick and Wounded in War", and the work, operations and powers of the last named Society have now been transferred to and are being carried on, under the patronage of His Majesty King Edward the Seventh, by the British Red Cross Society, with which the Canadian Red Cross Society has now become affiliated; and whereas the International Conference of Geneva of 1863 recommended: "That there should exist in every country a Committee whose mission consists in co-operating in times of war with the hospital service of the armies by all means in its power"; and whereas it is expedient that there should be a permanent organization in Canada in affiliation with the British Red Cross Society to carry out the purposes of the said treaty, and especially to secure supplies and to execute the humane objects contemplated by the said treaty, with the power to adopt and use the distinctive flag and badge specified by the said treaty in Article 7, on which shall be the sign of the Red Cross, and for the purpose of co-operating with the "Comité International de Secours aux Militaires Blessés"; and whereas it is expedient that the existing association in Canada should be incorporated for the purposes aforesaid: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:—
Canadian Red Cross Society Act — C-22.4 1
Incorporation Corporate name 1 His Honour Colonel John Morrison Gibson, Lieutenant Governor of the province of Ontario; Sir Louis H. Davies, Ottawa; The Honourable George W. Ross, Toronto; The Honourable Hugh John Macdonald, Winnipeg; The Honourable George A. Cox, Toronto; Colonel George Sterling Ryerson, Toronto; Lieutenant-Colonel A. E. D. Labelle, Montreal; Lieutenant-Colonel T. G. J. Loggie, Fredericton; Lieutenant-Colonel John Bayne MacLean, Toronto; Colonel Frederick Minden Cole, Montreal; Lieutenant-Colonel The Honourable John S. Hendrie, Hamilton; Lieutenant-Colonel William N. Ponton, Belleville; Lieutenant-Colonel George A. Sweny, Toronto; Lieutenant-Colonel John Irvine Davidson, Toronto; Colonel James Mason, Toronto; Colonel Sir Henry M. Pellatt, Toronto; Lieutenant-Colonel Hugh H. McLean, St. John, N.B.; Charles R. Dickson, M.D., Toronto; The Honourable George E. Foster, Toronto; Alexander MacNeill, Wiarton; The Honourable W. H. Montague, Winnipeg; Sir Charles Hibbert Tupper, Victoria; Judge D. J. Hughes, St. Thomas; Justin Miller, Mayor of Ingersoll; John George Hodgins, L.L.D., Toronto; James Algernon Temple, M.D., Toronto; Daniel R. Wilkie, Toronto; Thomas G. Roddick, M.D., Montreal; Frederick M. Montizambert, M.D., Ottawa; Henry S. Strathy, Toronto; John T. Small, K.C., Toronto; and Charles Alfred Hodgetts, M.D., Toronto; and the following ladies, president of local organizations: Mrs. H. A. Boomer, London; Mrs. Harrington, Dorchester, N.B.; Mrs. Cornelia de Lancry Smith, Moncton, N.B.; Mrs. Helen Arnold, Sussex, N.B.; Mrs. Edith Boulton Nordheimer, Toronto; Mrs. Jennie C. McFadden, Brampton; Mrs. Florence A. Robertson, Newmarket; Mrs. Emma Tyrwhitt, Bradford; Mrs. Frances M. Du Moulin, Hamilton; Mrs. Emily C. Watson, Edmonton; Lady Tilley, St. John, N.B.; Mrs. Alberta Poulle, Sackville, N.B.; Mrs. Jessie McEwen, Brandon; Mrs. Annie Lett, Guelph; Mrs. Kate I. Hare, Whitby; and Mrs. A. I. Domville, Rothesay, N.B.; and their associates and successors are hereby created a body corporate and politic in and for the Dominion of Canada under the name of "The Canadian Red Cross Society", hereinafter called "the Society".
Canadian Red Cross Society Act — C-22.4 2
Purposes 2 The purposes of the Society shall be:— Aid to sick and wounded in war (1) To furnish volunteer aid to the sick and wounded of armies in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, 1863, and also of the treaty of the Red Cross or the treaty of Geneva of August twenty-second, 1864, to which Great Britain has given its adhesion; National duties under treaty of Geneva (2) To perform all the duties devolved upon a national society by each nation which has acceded to said treaty, but in affiliation with the British Red Cross Society; Succession to former association (3) To succeed to and take over all the rights and property heretofore or now held and enjoyed by and all the duties heretofore performed by the unincorporated association known as The Canadian Red Cross Society; Work in time of peace (4) In time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world. 1909, c. 68, s. 2; 1919, c. 101 (1st Session), s. 1; 1922, c. 13, s. 2