GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 6
Determination 6 Each of the following entities must determine on a continuing basis whether it is in possession or control of property that it has reason to believe is the property of a foreign national who is the subject of an order or regulation made under section 4: (a) authorized foreign banks, as defined in section 2 of the Bank Act , in respect of their business in Canada or banks to which that Act applies; (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act ; (c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act , in respect of their insurance business in Canada; (d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act ; (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act; (f) companies to which the Trust and Loan Companies Act applies; (g) trust companies regulated by a provincial Act; (h) loan companies regulated by a provincial Act; (i) entities that engage in any activity described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client; (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services; and (k) other entities of a prescribed class of entities.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 7
Duty to disclose — supervising and regulating agencies 7 (1) If it determines that it is in possession or control of any property referred to in section 6, an entity referred to in that section must disclose without delay, and once every three months after that, to the principal agency or body that supervises or regulates it under federal or provincial law the fact that it is in possession or control of the property, the number of persons or dealings involved and the total value of the property. Duty to disclose — RCMP or CSIS (2) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service (a) that they have reason to believe that property in their possession or control is owned, held or controlled by or on behalf of a foreign national who is the subject of an order or regulation made under section 4; and (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity (3) No proceedings under this Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1) or (2). 2017, c. 21, s. 7 2021, c. 23, s. 158
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 7.1
Sharing of information 7.1 The following persons may assist the Minister in matters relating to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) and, for that purpose, may collect information from and disclose information to each other: (a) the Minister of Foreign Affairs; (b) the Minister of Finance; (c) the Minister of Public Works and Government Services; (d) the Minister of Public Safety and Emergency Preparedness; (d.1) the Minister of Transport; (d.2) the Minister of National Revenue; (d.3) the Minister of Justice and Attorney General of Canada; (d.4) the Minister of Citizenship and Immigration; (e) the Director of the Canadian Security Intelligence Service; (f) the Chief of the Communications Security Establishment; (g) the President of the Canada Border Services Agency; and (h) the Superintendent of Financial Institutions. 2022, c. 10, s. 448 2023, c. 26, s. 263
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 7.2
RCMP 7.2 (1) The Commissioner of the Royal Canadian Mounted Police may assist the Minister in matters related to the making of an order under paragraph 4(1)(b), the seizure or restraint of any property that is the subject of such an order or the making of an application for forfeiture of the property under section 4.2 and, for that purpose, may collect information from and disclose information to the persons referred to in section 7.1. For greater certainty (2) For greater certainty, nothing in subsection (1) is to be construed as affecting the powers of a peace officer that are conferred under legislation or the common law. 2022, c. 10, s. 448
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 7.21
FINTRAC 7.21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1). 2023, c. 26, s. 264
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 7.3
Provision of information 7.3 (1) The Minister of Foreign Affairs may require any person to provide to that Minister any information that that Minister believes on reasonable grounds is relevant for the purposes of the making, administration or enforcement of an order or regulation referred to in subsection 4(1). Duty to comply (2) Every person who is required to provide information under subsection (1) must comply with the requirement within the time and in the form and manner specified by that Minister. 2022, c. 10, s. 448
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 8
Application 8 (1) A foreign national who is the subject of an order or regulation made under paragraph 4(1)(a) may apply in writing to the Minister to cease being the subject of the order or regulation. Property (1.1) A foreign national whose property is the subject of an order made under paragraph 4(1)(b) may, unless the property is the subject of a forfeiture order, apply at any time in writing to the Minister to request that the property cease being the subject of the order made under that paragraph. Reasonable grounds (2) On receipt of the application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the order or regulation be amended or repealed, as the case may be, so that the applicant or their property ceases to be the subject of it. Time limit (3) The Minister must make a decision on the application within 90 days after the day on which the application is received. Notice if application rejected (4) The Minister must give notice without delay to the applicant of any decision to reject the application. New application (5) If there has been a material change in the applicant’s circumstances since their last application under subsection (1) was submitted, he or she may submit another application. 2017, c. 21, s. 8 2022, c. 10, s. 449
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 9
Mistaken identity 9 (1) Any person in Canada or any Canadian outside Canada whose name is the same as or similar to the name of a foreign national who is the subject of an order or regulation made under section 4 may, if they claim not to be that foreign national, apply to the Minister in writing for a certificate stating that they are not that foreign national. Determination by Minister (2) Within 45 days after the day on which the application was received, the Minister must, (a) if he or she is satisfied that the applicant is not the foreign national, issue the certificate to the applicant; or (b) if he or she is not so satisfied, provide a notice to the applicant of his or her determination.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 10
Reasonable expenses 10 (1) A foreign national who is the subject of an order or regulation made under section 4 may apply to the Minister in writing for a certificate to exempt property from the application of the order or regulation if the property is necessary to meet the reasonable expenses of the person and their dependents. Certificate (2) If the Minister determines that the property is necessary to meet the reasonable expenses of the applicant and their dependents, the Minister must issue a certificate to the applicant. Time limit (3) The Minister must make a decision on the application and, if applicable, issue a certificate within 90 days after the day on which the application is received.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 11
Offence and punishment 11 Every person who knowingly contravenes or fails to comply with an order or regulation made under section 4 (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years; or (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 12
No civil liability 12 A person who, in relation to any property that is the subject of an order or regulation made under section 4, acts reasonably in taking, or omitting to take, measures to comply with the order or regulation is not liable in any civil action arising from having taken or omitted to take the measures if they took all reasonable steps to satisfy themselves that the property was property that is the subject of the order or regulation.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 13
Ranking 13 All secured and unsecured rights and interests in any property that is the subject of an order made under paragraph 4(1)(b) that are held by a person are entitled to the same ranking that they would have been entitled to had the order not been made, unless (a) the person is a foreign national described in any of paragraphs 4(2)(a) to (d); or (b) the property is forfeited to Her Majesty in right of Canada under section 4.2. 2017, c. 21, s. 13 2022, c. 10, s. 450
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 13.1
Costs 13.1 Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure or restraint of property under an order made under paragraph 4(1)(b) or the disposal of property forfeited under section 4.2 are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction. 2022, c. 10, s. 450
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 13.2
Agreements 13.2 The Minister of Foreign Affairs may, with the approval of the Governor in Council, enter into an agreement with a person respecting the use by the person, for the compensation of victims of the circumstances described in subsection 4(2), of amounts that may be paid out under section 4.4. 2022, c. 10, s. 450
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 14
Proceedings not precluded 14 The making of an order or regulation under section 4 does not preclude the commencement of proceedings under any Act of Parliament other than this Act, or any civil proceedings, in respect of any property that is the subject of the order or regulation.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 15
Regulations 15 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 16
Review 16 (1) Within five years after the day on which this section comes into force, a comprehensive review of the provisions and operation of this Act and of the Special Economic Measures Act must be undertaken by the committees of the Senate and of the House of Commons that are designated or established by each House for that purpose. Report (2) The committees referred to in subsection (1) must, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate or the House of Commons, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committees recommend. Review (3) Committees of the Senate and the House of Commons that are designated or established by each House for that purpose may conduct a review concerning the foreign nationals who are the subject of an order or regulation made under this Act and submit a report to the appropriate House together with their recommendations as to whether those foreign nationals should remain, or no longer be, the subject of that order or regulation.
Justice for Victims of Terrorism Act — J-2.5 Preamble
Preamble Whereas Canadians and people everywhere are entitled to live their lives in peace, freedom and security;
Justice for Victims of Terrorism Act — J-2.5
Whereas Parliament recognizes that terrorism is a matter of national concern that affects the security of the nation and considers it a priority to deter and prevent acts of terrorism against Canada and Canadians;
Justice for Victims of Terrorism Act — J-2.5
Whereas acts of terrorism threaten Canada’s political institutions, the stability of the economy and the general welfare of the nation;
Justice for Victims of Terrorism Act — J-2.5
Whereas the challenge of eradicating terrorism, with its sophisticated and trans-border nature, requires enhanced international cooperation and a strengthening of Canada’s capacity to suppress and incapacitate acts of terrorism;
Justice for Victims of Terrorism Act — J-2.5
Whereas United Nations Security Council Resolution 1373 (2001) reaffirms that acts of international terrorism constitute a threat to international peace and security, and reaffirms the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by acts of terrorism;
Justice for Victims of Terrorism Act — J-2.5
Whereas Canada ratified the 1999 International Convention for the Suppression of the Financing of Terrorism on February 15, 2002;
Justice for Victims of Terrorism Act — J-2.5
Whereas hundreds of Canadians have been murdered or injured in terrorist attacks;
Justice for Victims of Terrorism Act — J-2.5
Whereas terrorism is dependent on financial and material support;
Justice for Victims of Terrorism Act — J-2.5
Whereas certain states that support terrorism should not benefit from state immunity in this regard;
Justice for Victims of Terrorism Act — J-2.5
And whereas Parliament considers that it is in the public interest to enable plaintiffs to bring lawsuits against terrorists and their supporters, which will have the effect of impairing the functioning of terrorist groups in order to deter and prevent acts of terrorism against Canada and Canadians;
Justice for Victims of Terrorism Act — J-2.5
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Justice for Victims of Terrorism Act — J-2.5 1
Short title 1 This Act may be cited as the Justice for Victims of Terrorism Act .
Justice for Victims of Terrorism Act — J-2.5 2
Definitions 2 The following definitions apply in this Act. foreign state has the same meaning as in section 2 of the State Immunity Act . ( État étranger ) listed entity has the same meaning as in subsection 83.01(1) of the Criminal Code . ( entité inscrite ) person includes an organization as defined in section 2 of the Criminal Code . ( personne )
Justice for Victims of Terrorism Act — J-2.5
foreign state has the same meaning as in section 2 of the State Immunity Act . ( État étranger )
Justice for Victims of Terrorism Act — J-2.5
listed entity has the same meaning as in subsection 83.01(1) of the Criminal Code . ( entité inscrite )
Justice for Victims of Terrorism Act — J-2.5
person includes an organization as defined in section 2 of the Criminal Code . ( personne )
Justice for Victims of Terrorism Act — J-2.5 3
Purpose 3 The purpose of this Act is to deter terrorism by establishing a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters.
Department of Justice Act — J-2 1
Short title 1 This Act may be cited as the Department of Justice Act . R.S., c. J-2, s. 1
Department of Justice Act — J-2 2
Department established 2 (1) There is hereby established a department of the Government of Canada called the Department of Justice over which the Minister of Justice appointed by commission under the Great Seal shall preside. Minister and Attorney General (2) The Minister is ex officio Her Majesty’s Attorney General of Canada, holds office during pleasure and has the management and direction of the Department. R.S., c. J-2, s. 2
Department of Justice Act — J-2 3
Deputy head 3 (1) The Governor in Council may appoint an officer called the Deputy Minister of Justice to hold office during pleasure and to be the deputy head of the Department. Deputy Attorney General (2) The Deputy Minister is ex officio the Deputy Attorney General except in respect of the powers, duties and functions that the Director of Public Prosecutions is authorized to exercise or perform under subsection 3(3) of the Director of Public Prosecutions Act . Associate Deputy Ministers (3) The Governor in Council may appoint two Associate Deputy Ministers of Justice, each of whom shall have the rank and status of a deputy head of a department and as such shall under the Deputy Minister exercise and perform such powers, duties and functions as deputies of the Minister and otherwise as the Minister may specify. R.S., 1985, c. J-2, s. 3; 2006, c. 9, s. 137
Department of Justice Act — J-2 4
Powers, duties and functions of Minister 4 The Minister is the official legal adviser of the Governor General and the legal member of the Queen’s Privy Council for Canada and shall (a) see that the administration of public affairs is in accordance with law; (b) have the superintendence of all matters connected with the administration of justice in Canada, not within the jurisdiction of the governments of the provinces; (c) advise on the legislative Acts and proceedings of each of the legislatures of the provinces, and generally advise the Crown on all matters of law referred to the Minister by the Crown; and (d) carry out such other duties as are assigned by the Governor in Council to the Minister. R.S., c. J-2, s. 4
Department of Justice Act — J-2 4.1
Examination of Bills and regulations 4.1 (1) Subject to subsection (2), the Minister shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Minister shall report any such inconsistency to the House of Commons at the first convenient opportunity. Exception (2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Act to ensure that it was not inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms . R.S., 1985, c. 31 (1st Supp.), s. 93; 1992, c. 1, s. 144(F)
Department of Justice Act — J-2 4.2
Charter statement 4.2 (1) The Minister shall, for every Bill introduced in or presented to either House of Parliament by a minister or other representative of the Crown, cause to be tabled, in the House in which the Bill originates, a statement that sets out potential effects of the Bill on the rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms . Purpose (2) The purpose of the statement is to inform members of the Senate and the House of Commons as well as the public of those potential effects. 2018, c. 29, s. 73
Department of Justice Act — J-2 5
Powers, duties and functions of Attorney General 5 The Attorney General of Canada (a) is entrusted with the powers and charged with the duties that belong to the office of the Attorney General of England by law or usage, in so far as those powers and duties are applicable to Canada, and also with the powers and duties that, by the laws of the several provinces, belonged to the office of attorney general of each province up to the time when the Constitution Act, 1867 , came into effect, in so far as those laws under the provisions of the said Act are to be administered and carried into effect by the Government of Canada; (b) shall advise the heads of the several departments of the Government on all matters of law connected with such departments; (c) is charged with the settlement and approval of all instruments issued under the Great Seal; (d) shall have the regulation and conduct of all litigation for or against the Crown or any department, in respect of any subject within the authority or jurisdiction of Canada; and (e) shall carry out such other duties as are assigned by the Governor in Council to the Attorney General of Canada. R.S., c. J-2, s. 5
Department of Justice Act — J-2 75
Department of Justice Act 75 Section 4.2 of the Department of Justice Act applies only with respect to a Bill introduced in or presented to either House of Parliament on or after the day on which section 73 comes into force.
Kanesatake Interim Land Base Governance Act — K-0.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Kanesatake Interim Land Base Governance Act — K-0.5 1
Short title 1 This Act may be cited as the Kanesatake Interim Land Base Governance Act .
Kanesatake Interim Land Base Governance Act — K-0.5 2
Definitions 2 (1) The definitions in this subsection apply in this Act. Agreement means the “Agreement with respect to Kanesatake Governance of the Interim Land Base” between the Mohawks of Kanesatake and Her Majesty in right of Canada, signed on December 21, 2000 and tabled in Parliament on March 27, 2001. ( accord territorial ) Council means the council of the band, known as the Mohawk Council of Kanesatake. ( conseil ) Kanesatake Mohawk interim land base means the lands set out in the schedule to this Act. ( territoire provisoire de Kanesatake ) Kanesatake Mohawk law means a law enacted in accordance with the provisions of this Act. ( lois des Mohawks de Kanesatake ) Kanesatake Mohawk neighbouring lands means the lands in the Kanesatake Mohawk interim land base that are located in the sectors set out in Schedule B to the Agreement, in the area commonly known as the “Village of Oka”. ( terres mohawks avoisinantes ) Mohawks of Kanesatake means the band known as the Mohawks of Kanesatake. ( Mohawks de Kanesatake ) Reference to Municipality (2) A reference in this Act to the Municipality of Oka includes any successor municipality.
Kanesatake Interim Land Base Governance Act — K-0.5
Agreement means the “Agreement with respect to Kanesatake Governance of the Interim Land Base” between the Mohawks of Kanesatake and Her Majesty in right of Canada, signed on December 21, 2000 and tabled in Parliament on March 27, 2001. ( accord territorial )
Kanesatake Interim Land Base Governance Act — K-0.5
Council means the council of the band, known as the Mohawk Council of Kanesatake. ( conseil )
Kanesatake Interim Land Base Governance Act — K-0.5
Kanesatake Mohawk interim land base means the lands set out in the schedule to this Act. ( territoire provisoire de Kanesatake )