GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Environmental Violations Administrative Monetary Penalties Act — E-12.5 (a)
Minister means (a) with respect to violations that relate to the Antarctic Environmental Protection Act , the Canada Water Act , the Canada Wildlife Act , the Impact Assessment Act , the Canadian Environmental Protection Act, 1999 , the Greenhouse Gas Pollution Pricing Act , the International River Improvements Act , the Migratory Birds Convention Act, 1994 or the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act , the Minister of the Environment; and (b) with respect to violations that relate to the Canada National Marine Conservation Areas Act , the Canada National Parks Act , the Rouge National Urban Park Act or the Saguenay-St. Lawrence Marine Park Act , the Minister responsible for the Parks Canada Agency. ( ministre )
Environmental Violations Administrative Monetary Penalties Act — E-12.5
penalty means an administrative monetary penalty imposed under this Act for a violation. ( pénalité )
Environmental Violations Administrative Monetary Penalties Act — E-12.5
prescribed means prescribed by regulation. ( Version anglaise seulement )
Environmental Violations Administrative Monetary Penalties Act — E-12.5
review officer [Repealed, 2026, c. 3, s. 536]
Environmental Violations Administrative Monetary Penalties Act — E-12.5
Tribunal means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999 . ( Tribunal )
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Purpose of Act 3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the Environmental Acts.
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Binding on Her Majesty 4 This Act is binding on Her Majesty in right of Canada or a province.
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Powers regarding notices of violation 6 The Minister may (a) establish the form of notices of violation; (b) designate persons, or classes of persons, who are authorized to issue notices of violation; and (c) establish, in respect of each violation, a short-form description to be used in notices of violation.
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Commission 7 Every person, ship or vessel that contravenes or fails to comply with a provision, order, direction, obligation or condition designated by regulations made under paragraph 5 (1)(a) commits a violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations.
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Liability of directors, officers, etc., of corporations 8 (1) If a corporation commits a violation, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act. Liability of directors and officers of corporate owners of ships and vessels (2) If a ship or vessel commits a violation, every director or officer of a corporation that is an owner or an operator of the ship or vessel who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter of the violation is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the ship or vessel has been proceeded against in accordance with this Act. Liability of owners, operators, masters and chief engineers of ships and vessels (3) If a ship or vessel commits a violation and the owner, operator, master or chief engineer of the ship or vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, the owner, operator, master or chief engineer, as the case may be, is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the ship or vessel has been proceeded against in accordance with this Act.
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Proof of violation — persons 9 (1) In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the agent or mandatary has been proceeded against in accordance with this Act. Proof of violation — masters of ships (2) In any proceedings under this Act against the master of a ship or vessel for a violation, it is sufficient proof of the violation to establish that it was committed by a crew member or other person on board the ship or vessel, whether or not the crew member or other person has been proceeded against in accordance with this Act. Proof of offence — pilots (3) In any proceedings under this Act against the pilot in command of an aircraft for a violation, it is sufficient proof of the violation to establish that it was committed by a crew member or other person on board the aircraft, whether or not the crew member or other person has been proceeded against in accordance with this Act.
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Issuance and service of notice of violation 10 (1) If a person designated under paragraph 6 (b) believes on reasonable grounds that a person, ship or vessel has committed a violation, the designated person may issue a notice of violation and shall cause it to be served on the person, ship or vessel according to the Regulations. Contents (2) The notice of violation must (a) name the person, ship or vessel that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the penalty for the violation; (d) inform the person, ship or vessel of their right to request a review with respect to the alleged violation or penalty, and of the period within which that right must be exercised; (e) inform the person, ship or vessel of the manner of paying the penalty set out in the notice; and (f) inform the person, ship or vessel that, if they do not pay the penalty or exercise their rights referred to in paragraph (d), they will be considered to have committed the violation and that they are liable for the penalty set out in the notice.
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Certain defences not available 11 (1) A person, ship or vessel named in a notice of violation does not have a defence by reason that the person or, in the case of a ship or vessel, its owner, operator, master or chief engineer (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person, ship or vessel. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under an Environmental Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
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Continuing violation 12 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Environmental Violations Administrative Monetary Penalties Act — E-12.5 12.1
Greenhouse Gas Pollution Pricing Act 12.1 If subsection 174(1) or paragraph 178(1)(a) of the Greenhouse Gas Pollution Pricing Act is designated by regulations made under paragraph 5(1)(a) of this Act, each CO 2 e tonne of a greenhouse gas that is emitted over the applicable emissions limit for which no compensation is provided by the increased-rate compensation deadline constitutes a separate violation. 2018, c. 12, s. 197
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Violation or offence 13 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under an Environmental Act, and proceeding with it as an offence under an Environmental Act precludes proceeding with it as a violation under this Act. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
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Limitation period 14 No notice of violation in respect of a violation may be issued more than two years after the day on which the subject matter of the violation arises.
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Right to request review 15 A person, ship or vessel that is served with a notice of violation may, within 30 days after the day on which the notice is served, or within any longer period that the Tribunal allows, make a request to the Tribunal for a review of the penalty or the facts of the alleged violation, or both. 2009, c. 14, s. 126 “15” 2026, c. 3, s. 537
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Variation or cancellation of notice of violation 16 At any time before the Tribunal receives a request for a review in respect of a notice of violation, a person designated under paragraph 6(b) may cancel the notice of violation or correct an error in it. 2009, c. 14, s. 126 “16” 2026, c. 3, s. 537
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Review 17 When the Tribunal receives a request made under section 15, the Chairperson of the Tribunal must conduct the review or designate a member, or a panel of three members, of the Tribunal to conduct it. 2009, c. 14, s. 126 “17” 2026, c. 3, s. 537
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Right to appear 18 The person, ship or vessel that requests the review and the Minister may appear in person or may be represented by counsel or by any other representative.
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Witnesses 19 (1) The Tribunal may summon any person to appear as a witness and may order the witness to (a) give evidence orally or in writing; and (b) produce any documents and things that the Tribunal considers necessary for the purpose of the review. Enforcement of summonses and orders (2) Any summons issued or order made under subsection (1) may be made a summons or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons or an order of that court. Procedure (3) To make a summons issued or an order made under subsection (1) a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed, or a certified copy of the summons or order may be filed with the court’s registrar and the summons or order then becomes a summons or an order of that court. Fees for witnesses (4) A witness who is served with a summons is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled. 2009, c. 14, s. 126 “19” 2026, c. 3, s. 538
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Decision 20 (1) After giving the person, ship or vessel that requested the review and the Minister reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for the person, ship or vessel and the Minister to make oral representations, the Tribunal must determine whether the person, ship or vessel committed a violation. Burden (2) The Minister has the burden of establishing, on a balance of probabilities, that the person, ship or vessel committed the violation. Correction of penalty (3) If the Tribunal determines that the penalty for the violation was not determined in accordance with the regulations, it must correct the amount of the penalty. 2009, c. 14, s. 126 “20” 2026, c. 3, s. 539
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Service of copy and reasons 21 The Tribunal must render its determination, with reasons, in writing within 30 days after the day on which the review is completed and, without delay, provide the Minister and the person, ship or vessel to which the determination relates with a copy of the determination and reasons. 2009, c. 14, s. 126 “21” 2026, c. 3, s. 540
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Responsibility 22 If the Tribunal determines that a person, ship or vessel has committed a violation, the person, ship or vessel is liable for the amount of the penalty as set out in the determination. 2009, c. 14, s. 126 “22” 2026, c. 3, s. 541(E)
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Determination is final 23 A determination made under section 20 is final and binding and, except for judicial review under the Federal Courts Act , is not subject to appeal or review by any court. 2009, c. 14, s. 126 “23” 2026, c. 3, s. 542
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Rules 24 The Chairperson of the Tribunal may make rules (a) to govern the practice and procedure in respect of reviews under this Act; (b) generally, to govern the work of the Tribunal in respect of reviews under this Act; and (c) to prevent trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence in a review under this Act, including rules to provide for hearings or parts of hearings to be held in public or in private. 2009, c. 14, s. 126 “24” 2026, c. 3, s. 543
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Payment 25 If a person, ship or vessel pays the penalty set out in a notice of violation, the person, ship or vessel is considered to have committed the violation and proceedings in respect of it are ended.
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Failure to act 26 A person, ship or vessel that neither pays a penalty imposed under this Act nor requests a review in the prescribed time is considered to have committed the violation and is liable for the penalty.
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Debts to Her Majesty 27 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction. Limitation period (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable. Application of fines (3) All penalties received by the Receiver General in respect of the commission of a violation are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.
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Certificate 28 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 27 (1). Registration in Federal Court (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
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Admissibility of documents 29 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 10 (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.
European Bank for Reconstruction and Development Agreement Act — E-13.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
European Bank for Reconstruction and Development Agreement Act — E-13.5 1
Short title 1 This Act may be cited as the European Bank for Reconstruction and Development Agreement Act .
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Definitions 2 In this Act, Agreement means the Agreement Establishing the European Bank for Reconstruction and Development set out in the schedule; ( Accord ) Bank means the European Bank for Reconstruction and Development; ( Banque ) Minister means the Minister of Finance. ( ministre )
European Bank for Reconstruction and Development Agreement Act — E-13.5
Agreement means the Agreement Establishing the European Bank for Reconstruction and Development set out in the schedule; ( Accord )
European Bank for Reconstruction and Development Agreement Act — E-13.5
Bank means the European Bank for Reconstruction and Development; ( Banque )
European Bank for Reconstruction and Development Agreement Act — E-13.5
Minister means the Minister of Finance. ( ministre )
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Agreement approved 3 The Agreement is hereby approved.
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Acceptance and implementation 4 The Governor in Council may authorize the acceptance of the Agreement on behalf of Canada and, subject to sections 5 and 6, do anything that is necessary in the opinion of the Governor in Council, including make appointments, orders and regulations, for carrying out the obligations or exercising the rights of Canada under the Agreement, and in particular for granting the privileges and immunities set out in the Agreement.
European Bank for Reconstruction and Development Agreement Act — E-13.5 4.1
Amendment to schedule 4.1 The Governor in Council may, by order, amend the schedule to reflect amendments to the Agreement. 2006, c. 4, s. 214
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Depository 5 The Bank of Canada shall be the depository in Canada for the assets of the Bank.
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Initial subscription 6 (1) The Minister may provide for payment out of the Consolidated Revenue Fund to the Bank, in the manner and at the times provided for in the Agreement, of an amount not exceeding one hundred and twenty million American dollars, in respect of Canada’s initial subscription of shares. Financial assistance (2) The Minister may provide financial assistance to the Bank by way of (a) direct payments; (b) the issuance of non-interest-bearing, non-negotiable demand notes; (c) the purchase of shares on behalf of His Majesty in right of Canada; (d) the issuance of guarantees; or (e) any other manner that the Minister considers appropriate. Limit (3) The Minister may make payments out of the Consolidated Revenue Fund for the purposes of subsection (2) in an aggregate amount not exceeding, in any given period, the amount specified for that purpose in respect of that period in an appropriation by Parliament. 1991, c. 12, s. 6; 1999, c. 26, s. 49 2024, c. 17, s. 175
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Annual report 7 The Minister shall cause to be laid before each House of Parliament within one year after the end of each fiscal year or, if either House is not sitting, on any of the first five days on which that House of Parliament is sitting, a report of operations containing a general summary of all actions taken under the authority of this Act, including their sustainable development aspects within the meaning of Article 2 of the Agreement, and their human rights aspects. 1991, c. 12, s. 7; 1993, c. 34, s. 66 2018, c. 27, s. 655
European Bank for Reconstruction and Development Agreement Act — E-13.5
Committed to the fundamental principles of multiparty democracy, the rule of law, respect for human rights and market economics;
European Bank for Reconstruction and Development Agreement Act — E-13.5
Recalling the Final Act of the Helsinki Conference on Security and Cooperation in Europe, and in particular its Declaration on Principles;
European Bank for Reconstruction and Development Agreement Act — E-13.5
Welcoming the intent of Central and Eastern European countries to further the practical implementation of multiparty democracy, strengthening democratic institutions, the rule of law and respect for human rights and their willingness to implement reforms in order to evolve towards market-oriented economies;
European Bank for Reconstruction and Development Agreement Act — E-13.5
Considering the importance of close and coordinated cooperation in order to promote the economic progress of Central and Eastern European countries to help their economies become more internationally competitive and assist them in their reconstruction and development and thus to reduce, where appropriate, any risks related to the financing of their economies;
European Bank for Reconstruction and Development Agreement Act — E-13.5
Convinced that the establishment of a multilateral financial institution which is European in its basic character and broadly international in its membership would help serve these ends and would constitute a new and unique structure of cooperation in Europe;
European Bank for Reconstruction and Development Agreement Act — E-13.5
Have agreed to establish hereby the European Bank for Reconstruction and Development (hereinafter called “the Bank”) which shall operate in accordance with the following:
European Bank for Reconstruction and Development Agreement Act — E-13.5
In contributing to economic progress and reconstruction, the purpose of the Bank shall be to foster the transition towards open market-oriented economies and to promote private and entrepreneurial initiative in the Central and Eastern European countries committed to and applying the principles of multiparty democracy, pluralism and market economics. Subject to the same conditions, the purpose of the Bank may also be carried out in Mongolia and in member countries of the Southern and Eastern Mediterranean as determined by the Bank upon the affirmative vote of not less than two thirds of the Governors, representing not less than three fourths of the total voting power of the members. Accordingly, any reference in this Agreement and its annexes to “Central and Eastern European countries”, “countries from Central and Eastern Europe”, “recipient country (or countries)” or “recipient member country (or countries)” shall refer to Mongolia and each of such countries of the Southern and Eastern Mediterranean as well.