GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 1
In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units – 1 any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit; 2 any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit; 3 any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit; 4 any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection; 5 any reference to the State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application; 6 any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection; 7 any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained; 8 any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit; 9 any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken; 10 any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.
Divorce Act — D-3.4 1
1 any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;
Divorce Act — D-3.4 2
2 any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;
Divorce Act — D-3.4 3
3 any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;
Divorce Act — D-3.4 4
4 any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection;
Divorce Act — D-3.4 5
5 any reference to the State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;
Divorce Act — D-3.4 6
6 any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection;
Divorce Act — D-3.4 7
7 any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;
Divorce Act — D-3.4 8
8 any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;
Divorce Act — D-3.4 9
9 any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;
Divorce Act — D-3.4 10
10 any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.
Divorce Act — D-3.4 a
For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which territorial unit’s law is applicable, the law of that unit applies; b in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.
Divorce Act — D-3.4 a
a if there are rules in force in such a State identifying which territorial unit’s law is applicable, the law of that unit applies;
Divorce Act — D-3.4 b
b in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.
Divorce Act — D-3.4 a
For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which among such laws applies, that law applies; b in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.
Divorce Act — D-3.4 a
a if there are rules in force in such a State identifying which among such laws applies, that law applies;
Divorce Act — D-3.4 b
b in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.
Divorce Act — D-3.4
This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.
Divorce Act — D-3.4
In relations between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, and the Convention governing the guardianship of minors, signed at The Hague 12 June 1902, without prejudice to the recognition of measures taken under the Convention of 5 October 1961 mentioned above.
Divorce Act — D-3.4 1
1 This Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.
Divorce Act — D-3.4 2
2 This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention.
Divorce Act — D-3.4 3
3 Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention.
Divorce Act — D-3.4 4
4 The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.
Divorce Act — D-3.4 1
1 The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State.
Divorce Act — D-3.4 2
2 The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.
Divorce Act — D-3.4 1
1 Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English.
Divorce Act — D-3.4 2
2 However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.
Divorce Act — D-3.4 1
1 A Contracting State may, in accordance with Article 60, a reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory; b reserve the right not to recognize any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.
Divorce Act — D-3.4 a
a reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;
Divorce Act — D-3.4 b
b reserve the right not to recognize any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.
Divorce Act — D-3.4 2
2 The reservation may be restricted to certain categories of property.
Divorce Act — D-3.4
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.
Divorce Act — D-3.4 1
1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Eighteenth Session.
Divorce Act — D-3.4 1
1 Any other State may accede to the Convention after it has entered into force in accordance with Article 61, paragraph 1.
Divorce Act — D-3.4 2
2 The instrument of accession shall be deposited with the depositary.
Divorce Act — D-3.4 3
3 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 63. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
Divorce Act — D-3.4 1
1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Divorce Act — D-3.4 3
3 If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.
Divorce Act — D-3.4 1
1 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 59, make one or both of the reservations provided for in Articles 54, paragraph 2, and 55. No other reservation shall be permitted.
Divorce Act — D-3.4 3
3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in preceding paragraph.
Divorce Act — D-3.4 1
1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57.
Divorce Act — D-3.4 2
2 Thereafter the Convention shall enter into force – a for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession; b for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3; c for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.
Divorce Act — D-3.4 a
a for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;
Divorce Act — D-3.4 b
b for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3;
Divorce Act — D-3.4 c
c for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.
Divorce Act — D-3.4 1
1 A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.
Divorce Act — D-3.4 2
2 The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.
Divorce Act — D-3.4 a
The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following – a the signatures, ratifications, acceptances and approvals referred to in Article 57; b the accessions and objections raised to accessions referred to in Article 58; c the date on which the Convention enters into force in accordance with Article 61; d the declarations referred to in Articles 34, paragraph 2, and 59; e the agreements referred to in Article 39; f the reservations referred to in Articles 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2; g the denunciations referred to in Article 62.
Divorce Act — D-3.4 a
a the signatures, ratifications, acceptances and approvals referred to in Article 57;
Divorce Act — D-3.4 b
b the accessions and objections raised to accessions referred to in Article 58;
Divorce Act — D-3.4 c
c the date on which the Convention enters into force in accordance with Article 61;
Divorce Act — D-3.4 d
d the declarations referred to in Articles 34, paragraph 2, and 59;
Divorce Act — D-3.4 e
e the agreements referred to in Article 39;
Divorce Act — D-3.4 f
f the reservations referred to in Articles 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2;
Divorce Act — D-3.4 g
g the denunciations referred to in Article 62.
Divorce Act — D-3.4
DONE at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session.
Divorce Act — D-3.4 40
40 The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 1”.
Divorce Act — D-3.4 41
41 The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 2”.
DNA Identification Act — D-3.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
DNA Identification Act — D-3.8 1
Short title 1 This Act may be cited as the DNA Identification Act .
DNA Identification Act — D-3.8 2
Definitions 2 The definitions in this section apply in this Act. authorization means an authorization made under section 487.055 or 487.091 of the Criminal Code or section 196.24 of the National Defence Act . ( autorisation ) Commissioner means the Commissioner of the Royal Canadian Mounted Police. ( commissaire ) designated offence means a designated offence within the meaning of section 487.04 of the Criminal Code or section 196.11 of the National Defence Act . ( infraction désignée ) DNA means deoxyribonucleic acid. ( ADN ) DNA profile means the results of forensic DNA analysis of a bodily substance. ( profil d’identification génétique ) forensic DNA analysis , in relation to a bodily substance, means forensic DNA analysis of the bodily substance. ( analyse génétique ) human remains includes any detached part of the body of a person who may still be alive. ( restes humains ) investigating authority means, as the case may be, (a) a Canadian law enforcement agency; (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or (c) a laboratory. ( autorité chargée de l’enquête ) order means an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act . ( ordonnance ) Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. ( Loi sur les jeunes contrevenants ) young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act , as the case may be. ( adolescent ) 1998, c. 37, s. 2; 2000, c. 10, s. 4; 2002, c. 1, s. 187; 2005, c. 25, s. 14; 2007, c. 22, s. 27; 2014, c. 39, s. 232
DNA Identification Act — D-3.8
authorization means an authorization made under section 487.055 or 487.091 of the Criminal Code or section 196.24 of the National Defence Act . ( autorisation )
DNA Identification Act — D-3.8
Commissioner means the Commissioner of the Royal Canadian Mounted Police. ( commissaire )
DNA Identification Act — D-3.8
designated offence means a designated offence within the meaning of section 487.04 of the Criminal Code or section 196.11 of the National Defence Act . ( infraction désignée )
DNA Identification Act — D-3.8
DNA means deoxyribonucleic acid. ( ADN )
DNA Identification Act — D-3.8
DNA profile means the results of forensic DNA analysis of a bodily substance. ( profil d’identification génétique )
DNA Identification Act — D-3.8
forensic DNA analysis , in relation to a bodily substance, means forensic DNA analysis of the bodily substance. ( analyse génétique )
DNA Identification Act — D-3.8
human remains includes any detached part of the body of a person who may still be alive. ( restes humains )
DNA Identification Act — D-3.8 (a)
investigating authority means, as the case may be, (a) a Canadian law enforcement agency; (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or (c) a laboratory. ( autorité chargée de l’enquête )
DNA Identification Act — D-3.8
order means an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act . ( ordonnance )
DNA Identification Act — D-3.8
Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. ( Loi sur les jeunes contrevenants )
DNA Identification Act — D-3.8
young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act , as the case may be. ( adolescent )
DNA Identification Act — D-3.8 3
Purpose 3 The purpose of this Act is to establish a national DNA data bank to help (a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and (b) law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains. 1998, c. 37, s. 3; 2014, c. 39, s. 233
DNA Identification Act — D-3.8 4
Principles 4 It is recognized and declared that (a) the protection of society and the administration of justice are well served by the early detection, arrest and conviction of offenders, which can be facilitated by the use of DNA profiles; (a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles; (b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and (c) to protect the privacy of individuals with respect to personal information about themselves, safeguards must be placed on (i) the use and communication of, and access to, DNA profiles and other information contained in the national DNA data bank, and (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. 1998, c. 37, s. 4; 2000, c. 10, s. 5; 2014, c. 39, s. 234
DNA Identification Act — D-3.8 5.1
Review of information transmitted 5.1 (1) The Commissioner shall review the information transmitted under section 487.071 of the Criminal Code or section 196.22 of the National Defence Act to ensure that the offence referred to in the order or authorization is a designated offence. Forensic DNA analysis (2) The Commissioner shall conduct a forensic DNA analysis of the bodily substances transmitted if satisfied that the offence referred to in the order or authorization is a designated offence and add the resulting DNA profile in the convicted offenders index. Retention of order or authorization (3) The Commissioner shall retain the copy of the order or authorization transmitted under subsection 487.071(2) of the Criminal Code or subsection 196.22(2) of the National Defence Act . 2005, c. 25, s. 16; 2007, c. 22, s. 29; 2014, c. 39, s. 237