GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (1)
(1) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year next following that in which the notice of termination has been given;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 (2)
(2) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year next following that in which the notice of termination has been given;
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2)
2) in the case of Serbia, in respect of the taxes on income derived and the taxes on capital owned in each fiscal year beginning on or after the first day of January in the calendar year next following the year in which the notice of termination has been given.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
DONE in duplicate at Belgrade, this 27th day of April 2012, in the English, French and Serbian languages, each version being equally authentic.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
At the time of signing of this Convention between the Republic of Serbia and Canada for the Avoidance of Double Taxation with respect to Taxes on Income and Capital (hereinafter referred to as Convention ), the undersigned have agreed upon the following provisions, which shall form an integral part of this Convention:
Canada–Serbia Tax Convention Act, 2013 — C-10.14 1
1 With reference to paragraph 4 of Article 13 of this Convention, it is understood that the term comparable interests includes an interest in a partnership or trust.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 2
2 With reference to subparagraph 2) of paragraph 1 of Article 14 of this Convention, it is understood that in the determination of the income of the individual there shall be allowed as deductions those deductible expenses incurred for the purposes of earning the income as is derived from the activities performed in the other Contracting State.
Canada–Serbia Tax Convention Act, 2013 — C-10.14 3
3 It is understood that, should Serbia become a member of World Trade Organization, the following provision would apply: For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, of the Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 25 or, failing agreement under that procedure, pursuant to any other procedure accepted by both Contracting States.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, of the Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 25 or, failing agreement under that procedure, pursuant to any other procedure accepted by both Contracting States.
Canada–Serbia Tax Convention Act, 2013 — C-10.14
IN WITNESS whereof the undersigned, duly authorised thereto, by their respective Governments, have signed this Protocol.
Canada Shipping Act, 2001 — C-10.15
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canada Shipping Act, 2001 — C-10.15 1
Short title 1 This Act may be cited as the Canada Shipping Act, 2001 .
Canada Shipping Act, 2001 — C-10.15 2
de by the Governor in Council. ( Version anglaise seulement ) qualified person means (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ; or (b) a corporation incorporated under the laws of Canada or a province. ( personne qualifiée ) Register means the Canadian Register of Vessels established under section 43. ( Registre ) Safety Convention vessel means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies. ( bâtiment assujetti à la Convention sur la sécurité ) Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . ( Tribunal ) vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class. ( bâtiment ) wages includes emoluments. ( gages ) 2001, c. 26, ss. 2, 323, c. 29, s. 72; 2011, c. 15, s. 37; 2014, c. 29, s. 58 2023, c. 26, s. 350
Canada Shipping Act, 2001 — C-10.15
adjudicator [Repealed, 2001, c. 29, s. 72]
Canada Shipping Act, 2001 — C-10.15 (a)
authorized representative means (a) in respect of a Canadian vessel, the person referred to in subsection 14(1); (b) in respect of a fleet registered under Part 2, the person referred to in subsection 75.03(5); and (c) in respect of a foreign vessel, the master. ( représentant autorisé )
Canada Shipping Act, 2001 — C-10.15
bare-boat charter means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew. ( affrètement coque nue )
Canada Shipping Act, 2001 — C-10.15
Canadian maritime document means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part. ( document maritime canadien )
Canada Shipping Act, 2001 — C-10.15
Canadian vessel means a vessel that is registered or listed under Part 2 (Registration, Listing and Recording) or that is exempted under the regulations from the registration requirement in subsection 46(1). ( bâtiment canadien )
Canada Shipping Act, 2001 — C-10.15
foreign vessel means a vessel that is not a Canadian vessel or a pleasure craft. ( bâtiment étranger )
Canada Shipping Act, 2001 — C-10.15
government vessel means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right. ( bâtiment d’État )
Canada Shipping Act, 2001 — C-10.15
gross tonnage means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h). ( jauge brute )
Canada Shipping Act, 2001 — C-10.15
hazardous and noxious substances handling facility means a facility that is used or that will be used in the loading or unloading of hazardous and noxious substances to or from vessels. ( installation de manutention de substances nocives et potentiellement dangereuses )
Canada Shipping Act, 2001 — C-10.15
master means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act , while the pilot is performing pilotage duties under that Act. ( capitaine )
Canada Shipping Act, 2001 — C-10.15
oil handling facility means a facility, including an oil terminal, that is used or that will be used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels. ( installation de manutention d’hydrocarbures )
Canada Shipping Act, 2001 — C-10.15 (a)
passenger means a person carried on a vessel by the owner or operator, other than (a) a person carried on a Safety Convention vessel who is (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or (ii) under one year of age; (b) a person carried on a vessel that is not a Safety Convention vessel who is (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or (ii) a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit; (c) a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or (d) a person of a prescribed class. ( passager )
Canada Shipping Act, 2001 — C-10.15
pleasure craft means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class. ( embarcation de plaisance )
Canada Shipping Act, 2001 — C-10.15
port authority has the same meaning as in subsection 2(1) of the Canada Marine Act . ( administration portuaire )
Canada Shipping Act, 2001 — C-10.15
prescribed means prescribed by regulations made by the Governor in Council. ( Version anglaise seulement )
Canada Shipping Act, 2001 — C-10.15 (a)
qualified person means (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ; or (b) a corporation incorporated under the laws of Canada or a province. ( personne qualifiée )
Canada Shipping Act, 2001 — C-10.15
Register means the Canadian Register of Vessels established under section 43. ( Registre )
Canada Shipping Act, 2001 — C-10.15
Safety Convention vessel means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies. ( bâtiment assujetti à la Convention sur la sécurité )
Canada Shipping Act, 2001 — C-10.15
Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . ( Tribunal )
Canada Shipping Act, 2001 — C-10.15
vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class. ( bâtiment )
Canada Shipping Act, 2001 — C-10.15 3
Descriptive cross-references 3 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.
Canada Shipping Act, 2001 — C-10.15 4
Regulations 4 The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2. 2001, c. 26, s. 4; 2005, c. 29, s. 15
Canada Shipping Act, 2001 — C-10.15 5
Binding on Her Majesty 5 Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.
Canada Shipping Act, 2001 — C-10.15 6
Objectives of Act 6 The objectives of this Act are to (a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce; (b) promote safety in marine transportation and recreational boating; (c) protect the marine environment from damage due to navigation and shipping activities; (d) develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce; (e) promote an efficient marine transportation system; (f) develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters; (g) ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping; (h) encourage the harmonization of marine practices; and (i) establish an effective inspection and enforcement program.
Canada Shipping Act, 2001 — C-10.15 7
Exclusion 7 (1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces. Regulations (2) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act. Conflicts with foreign rules (3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.
Canada Shipping Act, 2001 — C-10.15 8
Application of this Part 8 This Part applies in respect of Canadian vessels everywhere, in respect of foreign vessels in Canadian waters, and in respect of pleasure craft that are not Canadian vessels but that are in Canadian waters or in waters in the exclusive economic zone of Canada. However (a) regulations made under paragraph 35(1)(d) in respect of pollution also apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada; and (b) subsections 10(2.1) and 35.1(1) also apply in respect of foreign vessels in waters in the exclusive economic zone of Canada. 2001, c. 26, s. 8; 2018, c. 27, s. 688 2023, c. 26, s. 351
Canada Shipping Act, 2001 — C-10.15 9
Role of Minister of Transport 9 Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.
Canada Shipping Act, 2001 — C-10.15 11
Appointment of marine safety inspectors 11 (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act . Authorizations (2) The Minister of Transport may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act, including quasi-judicial powers and the administration of examinations referred to in subsection 16(2), or to carry out inspections under section 211, including the following: (a) inspections of hulls; (b) inspections of machinery; (c) inspections of equipment; (c.1) inspections respecting pollution prevention for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans); (d) inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention — Department of Transport); and (e) inspections of cargo. Certificate (3) The Minister of Transport must furnish every marine safety inspector with a certificate of designation authorizing the inspector to carry out inspections under section 211 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial powers. Duties and powers (4) A marine safety inspector may exercise only those powers and perform only those duties and functions that are referred to in the inspector’s certificate of designation. Immunity (5) Marine safety inspectors are not personally liable for anything they do or omit to do in good faith under this Act. 2001, c. 26, s. 11; 2014, c. 29, s. 59
Canada Shipping Act, 2001 — C-10.15 12
Authorizing others to inspect 12 (1) The Minister of Transport may authorize any person, class of persons, classification society or other organization to issue any Canadian maritime document under this Act or to carry out inspections under section 211 if the Minister determines that the person, class of persons, classification society or other organization is qualified to issue the document or carry out the inspection. Certificate of authorization (2) The Minister of Transport must furnish the person, classification society or other organization with a certificate of authorization specifying the documents they are authorized to issue, the inspections they are authorized to carry out and any limitations on the powers they may exercise under subsection 211(4). Inspection records (3) A person, classification society or other organization authorized to carry out inspections must keep a record of each inspection in the form and manner specified by the Minister of Transport and, on request, provide the record to the Minister. Delivery of report (4) A person, classification society or other organization that does not, in respect of anything that they were authorized to inspect, issue a certificate because the requirements of the regulations have not been met must deliver their report in respect of that inspection to a marine safety inspector. Immunity (5) The person, classification society or other organization is not personally liable for anything they do or omit to do in good faith under this Act. 2001, c. 26, s. 12 2023, c. 26, s. 354
Canada Shipping Act, 2001 — C-10.15 13
Audit 13 The Minister of Transport may authorize any person or class of persons to audit inspections carried out under section 211. The auditor may exercise the powers under that section of the person, classification society or other organization whose inspections are being audited.
Canada Shipping Act, 2001 — C-10.15 14
Authorized representative 14 (1) Every Canadian vessel must have a person — the authorized representative — who is responsible under this Act for acting with respect to all matters relating to the vessel that are not otherwise assigned by this Act to any other person. Qualified person, bare-boat charterer or owner (2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is (a) in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person; (b) in the case of a vessel described in section 48, the bare-boat charterer; or (c) in any other case, the owner of the vessel. Representative if more than one owner (3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person. Representative of foreign corporation (4) In the case of a Canadian vessel that is owned by a corporation incorporated under the laws of a state other than Canada, the authorized representative must be (a) a subsidiary of the corporation incorporated under the laws of Canada or a province; (b) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada; or (c) a ship management company incorporated under the laws of Canada or a province. Acts or omissions of authorized representative binding (5) The owner of a Canadian vessel is bound by the acts or omissions of their authorized representative with respect to the matters referred to in subsection (1). 2001, c. 26, s. 14 2023, c. 26, s. 355
Canada Shipping Act, 2001 — C-10.15 16
Application 16 (1) An application for a Canadian maritime document must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister of Transport. Further evidence (2) In addition to the specified information or documents, the Minister of Transport may (a) require that an applicant provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the document have been met; (b) if the Canadian maritime document is in respect of a person, (i) set an examination that the person must undergo, and (ii) administer the examination; and (c) if the document is in respect of a vessel, require that the vessel or its machinery or equipment undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the document have been met. Cheating (3) No person shall cheat on an examination referred to in paragraph (2)(b). Refusal to issue (4) The Minister of Transport may refuse to issue a Canadian maritime document if (a) the applicant has not met the requirements for the issuance of the document; (b) the applicant has acted fraudulently or improperly or has misrepresented a material fact; (c) the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it; (d) the applicant has not paid a fee for services related to the document or has not paid a fine or penalty imposed on them under this Act; or (e) in the case of a Canadian maritime document applied for under Part 3 (Personnel) by a master or crew member, (i) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or (ii) the master or crew member has been found guilty of an offence related to their duties on a vessel or has committed a violation in respect of which a notice of violation was issued under paragraph 229(1)(b). Notice after refusal to issue (5) The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice (a) confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and (b) indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision. (6) [Repealed, 2001, c. 29, s. 72] 2001, c. 26, s. 16, c. 29, s. 72; 2012, c. 31, s. 156