GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Official Languages Act — O-3.01 36
36 (2) Subsection 64.2(1) of the Act is amended by adding the following after paragraph (a): (a.1) is not permitted to issue a notice of violation under subsection 65.6(1) in respect of any matter covered under the agreement; (3) Subsection 64.5(1) of the Act is replaced by the following: Commissioner’s order 64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V or subsection 41(7) or (10) and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation. (4) Section 64.5 of the Act is amended by adding the following after subsection (2): Limitation (2.1) Despite subsection (1), the Commissioner is not permitted to make an order under that subsection in respect of a contravention of a duty under subsection 41(7) or (10) requiring the federal institution to take a positive measure under subsection 41(5) or to include in any agreement referred to in paragraph 41(7)(a.1) provisions establishing the parties’ duties under the agreement respecting the official languages.
Official Languages Act — O-3.01 64.5
Commissioner’s order 64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V or subsection 41(7) or (10) and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.
Official Languages Act — O-3.01 65.1
Definitions 65.1 The following definitions apply in sections 65.3 to 65.95 and subsection 66 (3). designated body means a corporation referred to in section 65.2 . ( organisme désigné ) penalty means an administrative monetary penalty imposed for a violation. ( sanction )
Official Languages Act — O-3.01
designated body means a corporation referred to in section 65.2 . ( organisme désigné )
Official Languages Act — O-3.01
penalty means an administrative monetary penalty imposed for a violation. ( sanction )
Official Languages Act — O-3.01 65.2
Application 65.2 Sections 65.3 to 65.95 apply to a Crown corporation — or corporation that is subject to this Act under another Act of Parliament — that (a) is designated by regulation; (b) has duties under Part IV; (c) operates in the transportation sector; and (d) engages in communications with and provides or makes available services to the travelling public.
Official Languages Act — O-3.01 65.3
Purpose of penalty 65.3 The purpose of a penalty is to promote compliance with Part IV and not to punish.
Official Languages Act — O-3.01 65.4
Regulations 65.4 (1) The Governor in Council may, on the recommendation of the Minister of Canadian Heritage, make regulations (a) designating any corporation for the purposes of section 65.2 ; (b) designating, as a violation that may be proceeded with in accordance with sections 65.3 to 65.95 , the contravention of any specified provision of Part IV or the regulations made under that Part in respect of specified communications and services or specified categories of communications and services; (c) fixing a penalty, or a range of penalties, in respect of each violation; (d) for the purposes of paragraph (3)(d), establishing other criteria to be considered in determining the amount of the penalty if a range of penalties is established; (e) increasing the amount of the maximum penalty set out in subsection (2); (f) respecting the service of documents required or authorized to be served under sections 65.3 to 65.95 , including the manner and proof of service and the circumstances under which documents are to be considered to be served; (g) establishing the form and content of notices of violation; and (h) generally, for carrying out the purposes and provisions of sections 65.3 to 65.95 . Maximum penalty (2) Subject to regulations made under paragraph (1)(e), the maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(c) is $25,000. Criteria — range of penalties (3) If a range of penalties is fixed by regulations made under paragraph (1)(c) in respect of a violation, then the Commissioner shall take into account the following criteria in determining the amount of the penalty: (a) the nature and scope of the violation; (b) the history of compliance, by the designated body that is believed to have committed the violation, with the provisions of Part IV and the regulations made under that Part that are designated by regulations made under paragraph (1)(b); (c) the designated body’s ability to pay the penalty; (d) any criteria established by regulation; and (e) any other relevant criterion.
Official Languages Act — O-3.01 65.5
Violations 65.5 Every designated body that contravenes a provision designated by regulations made under paragraph 65.4 (1)(b) commits a violation and is liable to a penalty of an amount to be determined in accordance with regulations made under paragraph 65.4 (1)(c) and with subsection 65.4 (3).
Official Languages Act — O-3.01 65.7
Payment of penalty 65.7 If a designated body that is served with a notice of violation pays the penalty set out in the notice, it is deemed to have committed the violation and the proceedings in respect of it are ended.
Official Languages Act — O-3.01 65.8
Failure to act 65.8 A designated body that neither pays a penalty set out in a notice of violation nor requests a review within the specified time is deemed to have committed the violation and is liable for the penalty.
Official Languages Act — O-3.01 65.9
Review by Federal Court 65.9 (1) Instead of paying the penalty set out in a notice of violation, the designated body named in the notice may, within 30 business days after the day on which the notice is served and in the manner specified in the notice, apply to the Federal Court for a review of the facts of the alleged violation or of the amount of the penalty, or both. De novo review (2) For greater certainty, an application under subsection (1) is to be heard and determined as a new proceeding.
Official Languages Act — O-3.01 65.91
Review with respect to facts 65.91 (1) If a designated body applies for a review with respect to the facts of an alleged violation, then on completion of the review the Federal Court shall, subject to subsection (3), (a) if it determines that the designated body committed the violation, make an order declaring that the designated body committed the violation and is liable for the penalty set out in the notice of violation; or (b) if it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation. Review with respect to penalty (2) If a designated body applies for a review with respect to the amount of the penalty for a violation, then on completion of the review the Federal Court shall, subject to subsection (3), (a) determine the amount of the penalty in accordance with regulations made under paragraph 65.4 (1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection 65.4 (3); and (b) make an order declaring that the designated body is liable for a penalty of the amount that the Court determines. Review with respect to facts and penalty (3) If a designated body applies for a review with respect to both the facts of an alleged violation and the amount of the penalty for the violation, then on completion of the review the Federal Court shall, (a) if it determines that the designated body committed the violation, (i) determine the amount of the penalty in accordance with regulations made under paragraph 65.4 (1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection 65.4 (3), and (ii) make an order declaring that the designated body committed the violation and is liable for a penalty of the amount that the Court determines; or (b) if it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation.
Official Languages Act — O-3.01 65.92
Debt to Her Majesty 65.92 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless an application for review is made under section 65.9 ; and (b) if an application for review is made under section 65.9 , the amount payable under an order of the Federal Court made under paragraph 65.91 (1)(a) or (2)(b) or subparagraph 65.91(3)(a)(ii), beginning on the date of the order. Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable. Proceeds payable to Receiver General (3) A debt referred to in subsection (1) that is paid or recovered is payable to and shall be remitted to the Receiver General.
Official Languages Act — O-3.01 65.93
Certificate of default 65.93 (1) The Commissioner may issue a certificate for the unpaid amount of any debt referred to in subsection 65.92 (1). Effect of registration (2) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs.
Official Languages Act — O-3.01 65.94
Evidence 65.94 In a proceeding in respect of a violation, a notice purporting to be served under subsection 65.6 (1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
Official Languages Act — O-3.01 65.95
Certain defences not available 65.95 (1) A designated body named in a notice of violation does not have a defence by reason that it (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate it. 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 applies in respect of a violation to the extent that it is consistent with this Act.
Official Languages Act — O-3.01 38
38 (2) Section 66 of the Act is amended by adding the following after subsection (2): Part of report — administrative monetary penalties (3) The Commissioner shall include, as part of the report, in respect of each designated body concerned, (a) the number of notices of violation that the Commissioner issued under subsection 65.6 (1); (b) the relevant facts of the violations and the provisions at issue; and (c) the amount of the penalties imposed, if any.
Official Languages Act — O-3.01 39
39 Paragraph 70(b) of the Act is replaced by the following: (b) the powers, duties or functions set out in sections 63, 63.1, 64.1 to 69 and 78.
Official Languages Act — O-3.01 43
43 (1) Subsection 81(1) of the French version of the Act is replaced by the following: Frais et dépens 81 (1) Les frais et dépens afférents à tout recours exercé devant le tribunal sous le régime de la présente loi sont laissés à l’appréciation du tribunal et suivent, sauf ordonnance contraire de celui-ci, le sort du principal. (2) [In force] (3) Subsection 81(2) of the Act is replaced by the following: Costs (2) If the Court is of the opinion that an application under section 65.9 , 77 or 78.1 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
Official Languages Act — O-3.01 81
Frais et dépens 81 (1) Les frais et dépens afférents à tout recours exercé devant le tribunal sous le régime de la présente loi sont laissés à l’appréciation du tribunal et suivent, sauf ordonnance contraire de celui-ci, le sort du principal.
Official Residences Act — O-4 1
Short title 1 This Act may be cited as the Official Residences Act . R.S., c. P-20, s. 1; R.S., c. 20(2nd Supp.), s. 2
Official Residences Act — O-4 2
Prime Minister’s residence 2 Notwithstanding anything in the Parliament of Canada Act , the lands described in Schedule I and the buildings thereon shall be maintained as a residence for the Prime Minister of Canada. R.S., c. P-20, s. 2; R.S., c. 20(2nd Supp.), s. 3
Official Residences Act — O-4 3
Leader of the Opposition’s residence 3 Notwithstanding anything in the Parliament of Canada Act , the lands described in Schedule II and the buildings thereon shall be maintained as a residence for the person holding the recognized position of Leader of the Opposition in the House of Commons, in this Act called “the Leader of the Opposition”. R.S., c. P-20, s. 2; R.S., c. 20(2nd Supp.), s. 3
Official Residences Act — O-4 4
Speaker of the House of Commons residence 4 Notwithstanding anything in the Parliament of Canada Act , the lands described in Schedule III and the buildings thereon shall be maintained as a residence for the Speaker of the House of Commons. R.S., c. P-20, s. 2; R.S., c. 20(2nd Supp.), s. 3
Official Residences Act — O-4 5
Leader of the Opposition’s summer residence 5 (1) The Governor in Council may, by order, allocate any lands in the National Capital Region, as described in the schedule to the National Capital Act , and the buildings thereon as a summer residence for the Leader of the Opposition. Tabling order (2) An order made by the Governor in Council under subsection (1) shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is made. Definition of sitting day of Parliament (3) For the purposes of subsection (2), sitting day of Parliament means a day on which either House of Parliament sits. 1980-81-82-83, c. 75, s. 1
Official Residences Act — O-4 6
Furnishings, maintenance, etc. 6 The Minister of Public Works and Government Services shall furnish, maintain, heat and keep in repair the buildings on the lands described in the schedules or allocated pursuant to section 5, and the National Capital Commission shall maintain and, from time to time as required, improve those lands. R.S., 1985, c. O-4, s. 6; 1999, c. 31, s. 172
Official Residences Act — O-4 7
Staff of Prime Minister’s residence 7 (1) The Governor in Council may appoint a steward or housekeeper and such other employees as the Governor in Council deems necessary for the management of the Prime Minister’s residence, and may fix their rate of remuneration and conditions of employment. Casual employees (2) The steward or housekeeper may, from time to time, with the approval of the Prime Minister, engage casual employees to assist the regular staff appointed under subsection (1). Chauffeur (3) The Prime Minister’s chauffeur may be provided with lodging without charge. R.S., c. P-20, s. 4; R.S., c. 20(2nd Supp.), s. 5
Official Residences Act — O-4 8
Staff of Leader of the Opposition’s residence 8 The Leader of the Opposition may appoint a steward or housekeeper and not more than three other employees to manage the residence of the Leader of the Opposition. R.S., c. P-20, s. 5; R.S., c. 20(2nd Supp.), s. 6; 1980-81-82-83, c. 75, s. 3
Official Residences Act — O-4 9
Authorized benefits received as expense allowance 9 For greater certainty, it is hereby declared that any benefit authorized by this Act and received by the Prime Minister, the Leader of the Opposition or the Speaker of the House of Commons is received as a living expense allowance expressly fixed in this Act. R.S., c. 20(2nd Supp.), s. 7
Official Residences Act — O-4 10
Uses of moneys appropriated 10 Moneys appropriated by Parliament for the operation of the Prime Minister’s residence may be used for the payment of the remuneration of persons employed under the authority of section 7, for the purchase of food and other supplies required for the serving of food, for cleaning, laundering, and the ordinary maintenance of a residence, and for defraying other costs of official hospitality provided by the Prime Minister. R.S., c. P-20, s. 6; 1980-81-82-83, c. 75, s. 4
Official Residences Act — O-4 11
Other uses of moneys appropriated 11 Moneys appropriated by Parliament for the operation of the House of Commons may be used for the payment of the remuneration of persons employed under the authority of section 8 and for defraying other expenses related to their employment. R.S., c. P-20, s. 6; 1980-81-82-83, c. 75, s. 4
Official Residences Act — O-4
All and Singular that certain parcel or tract of land and premises situate, lying and being in the City of Ottawa, in the County of Carleton, in the Province of Ontario, being composed of part of lot 3 in the Ottawa and Rideau Junction Gore in the Township of Gloucester described as follows: COMMENCING at a point on the westerly limit of Ottawa Street (now Sussex Street) distant one hundred and seventy three feet, eight inches (173′8″) more or less southerly from the intersection of the westerly limit of Ottawa Street aforesaid with the westerly prolongation of the northerly limit of MacKay Street in the Village of New Edinburgh, the said point being the south-east angle of that part of the said lot lastly described in Instrument registered in the Registry Office for the Registry Division of the City of Ottawa as number 170475; thence westerly and parallel with the northerly limit of MacKay Street aforesaid, four hundred and fifty feet (450′) more or less to the high water mark of the Ottawa River; thence easterly and following the said high water mark with the stream to its intersection with the westerly limit of Ottawa Street aforesaid; thence southerly and following the westerly limit of Ottawa Street, five hundred and sixty three feet, eight inches (563′8″) more or less to the point of commencement. The whole containing an area of three acres and ninety-eight hundredths of an acre (3.98 acs.) more or less.
Official Residences Act — O-4
COMMENCING at a point on the westerly limit of Ottawa Street (now Sussex Street) distant one hundred and seventy three feet, eight inches (173′8″) more or less southerly from the intersection of the westerly limit of Ottawa Street aforesaid with the westerly prolongation of the northerly limit of MacKay Street in the Village of New Edinburgh, the said point being the south-east angle of that part of the said lot lastly described in Instrument registered in the Registry Office for the Registry Division of the City of Ottawa as number 170475; thence westerly and parallel with the northerly limit of MacKay Street aforesaid, four hundred and fifty feet (450′) more or less to the high water mark of the Ottawa River; thence easterly and following the said high water mark with the stream to its intersection with the westerly limit of Ottawa Street aforesaid; thence southerly and following the westerly limit of Ottawa Street, five hundred and sixty three feet, eight inches (563′8″) more or less to the point of commencement. The whole containing an area of three acres and ninety-eight hundredths of an acre (3.98 acs.) more or less.
Official Residences Act — O-4
All that area composed of part of lot 2B, Range 10, of the cadastre of the Township of Eardley, County of Gatineau, Province of Quebec, described as follows: COMMENCING in the westerly limit of the public road known as the Philippe Road at the point where it is intersected by the southerly shore of the creek running easterly out of Harrington Lake (Lac Mousseau); thence southerly along the said westerly limit of Philippe Road to a point in the said westerly limit which is at a distance of one thousand and eighty-nine and seventy-three hundredths feet (1089.73′) measured in a straight line having an assumed bearing of South fifteen degrees and forty-four minutes East (S.15°44′E.) from the point of commencement; thence North seventy-two degrees and thirty-three minutes West (N.72°33′W.) a distance of seventy-nine and thirty-four hundredths feet (79.34′); thence North fifty-six degrees and twenty-two minutes West (N.56°22′W.) a distance of six hundred and ninety-three and nineteen hundredths feet (693.19′); thence North forty-eight degrees and thirty-two minutes West (N.48°32′W.) a distance of three hundred and twenty-one and eighty-eight hundredths feet (321.88′); thence North forty-six degrees and twenty-five minutes West (N.46°25′W.) a distance of one hundred and fifty-six and one hundredth feet (156.01′) to a point in a small creek or drainage course flowing northerly into Harrington Lake (Lac Mousseau), the said point being a distance of forty-six and thirty-two hundredths feet (46.32′) westerly from the southwest corner of a white picket fence enclosing a garden; thence northerly following the said small creek to the southerly shore of Harrington Lake (Lac Mousseau); thence easterly following the southerly shore of Harrington Lake (Lac Mousseau) to the southerly shore of the above-mentioned creek running easterly out of Harrington Lake (Lac Mousseau); thence easterly along the said southerly shore of the said creek to the point of commencement.
Official Residences Act — O-4
COMMENCING in the westerly limit of the public road known as the Philippe Road at the point where it is intersected by the southerly shore of the creek running easterly out of Harrington Lake (Lac Mousseau); thence southerly along the said westerly limit of Philippe Road to a point in the said westerly limit which is at a distance of one thousand and eighty-nine and seventy-three hundredths feet (1089.73′) measured in a straight line having an assumed bearing of South fifteen degrees and forty-four minutes East (S.15°44′E.) from the point of commencement; thence North seventy-two degrees and thirty-three minutes West (N.72°33′W.) a distance of seventy-nine and thirty-four hundredths feet (79.34′); thence North fifty-six degrees and twenty-two minutes West (N.56°22′W.) a distance of six hundred and ninety-three and nineteen hundredths feet (693.19′); thence North forty-eight degrees and thirty-two minutes West (N.48°32′W.) a distance of three hundred and twenty-one and eighty-eight hundredths feet (321.88′); thence North forty-six degrees and twenty-five minutes West (N.46°25′W.) a distance of one hundred and fifty-six and one hundredth feet (156.01′) to a point in a small creek or drainage course flowing northerly into Harrington Lake (Lac Mousseau), the said point being a distance of forty-six and thirty-two hundredths feet (46.32′) westerly from the southwest corner of a white picket fence enclosing a garden; thence northerly following the said small creek to the southerly shore of Harrington Lake (Lac Mousseau); thence easterly following the southerly shore of Harrington Lake (Lac Mousseau) to the southerly shore of the above-mentioned creek running easterly out of Harrington Lake (Lac Mousseau); thence easterly along the said southerly shore of the said creek to the point of commencement.