GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Department of Industry Act — I-9.2 63
63 (1) and (2) [Amendments] Other references (3) Every reference to the Department of Consumer and Corporate Affairs and the Department of Industry, Science and Technology in any other Act of Parliament, other than the Hazardous Materials Information Review Act , the Hazardous Products Act and the Department of Consumer and Corporate Affairs Act , or in any order, regulation or other instrument made under an Act of Parliament, shall, unless the context otherwise requires, be read as a reference to the Department of Industry.
Department of Industry Act — I-9.2 Coming into force
Coming into force * 67 This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force March 29, 1995, see SI/95-48.]
Injured Military Members Compensation Act — I-9.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Injured Military Members Compensation Act — I-9.8 1
Short title 1 This Act may be cited as the Injured Military Members Compensation Act .
Injured Military Members Compensation Act — I-9.8 2
Definitions 2 The following definitions apply in this Act. Class “A” Reserve Service has the same meaning as in article 9.06 of the Queen’s Regulations and Orders for the Canadian Forces . ( service de réserve de classe « A » ) Class “B” Reserve Service has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces . ( service de réserve de classe « B » ) Class “C” Reserve Service has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces . ( service de réserve de classe « C » ) Minister means the Minister of National Defence. ( ministre ) personal information has the same meaning as in section 3 of the Privacy Act . ( renseignements personnels )
Injured Military Members Compensation Act — I-9.8
Class “A” Reserve Service has the same meaning as in article 9.06 of the Queen’s Regulations and Orders for the Canadian Forces . ( service de réserve de classe « A » )
Injured Military Members Compensation Act — I-9.8
Class “B” Reserve Service has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces . ( service de réserve de classe « B » )
Injured Military Members Compensation Act — I-9.8
Class “C” Reserve Service has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces . ( service de réserve de classe « C » )
Injured Military Members Compensation Act — I-9.8
Minister means the Minister of National Defence. ( ministre )
Injured Military Members Compensation Act — I-9.8
personal information has the same meaning as in section 3 of the Privacy Act . ( renseignements personnels )
Injured Military Members Compensation Act — I-9.8 3
Designation by Minister 3 (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act. Limitation (2) If the Minister has designated a person to make a decision under this Act, the Minister may not designate that same person to review the decision under subsection 11(1).
Injured Military Members Compensation Act — I-9.8 4
Right of compensation 4 (1) A person who, while serving as a member of the regular force, or a member of the reserve force performing Class “B” Reserve Service for more than 180 days or Class “C” Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 3 if the Minister is satisfied that (a) the injury is attributable to the person’s service with the Canadian Forces; (b) the loss resulted directly from the injury; (c) the loss was not caused directly or indirectly by a self-inflicted injury, even if caused by insanity, or by the person’s improper conduct, including their wilful disobedience of an order and vicious or criminal conduct; (d) the person survived for a period of at least 30 days after the injury; (e) the loss occurred within 90 days after the injury; and (f) the person was not entitled to a lump-sum payment in respect of the injury under an insurance plan provided by the Government of Canada. Right of compensation (2) A person who, while serving as a member of the reserve force performing Class “B” Reserve Service for 180 days or less or Class “A” Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 4 if the Minister is satisfied that the conditions in paragraphs (1)(a) to (f) are met. Interpretation (3) For the purposes of subsections (1) and (2) and the schedule, the loss of a hand or foot, or thumb and index finger, includes the loss of their use, and the loss of hearing or speech or of sight in one eye or both eyes means total and irrecoverable loss.
Injured Military Members Compensation Act — I-9.8 5
Limitation 5 The total benefits payable to a person in respect of an injury that may result in one or more losses shall not exceed $250,000 for a person referred to in subsection 4(1) or $100,000 for a person referred to in subsection 4(2).
Injured Military Members Compensation Act — I-9.8 6
No benefit payable 6 No benefit is payable for any loss caused wholly or partly, or directly or indirectly, by (a) disease, bodily or mental infirmity or the medical treatment of the disease or infirmity; or (b) ptomaines or bacterial infections, except an infection that is caused by the injury.
Injured Military Members Compensation Act — I-9.8 7
Application made to Minister 7 (1) Any person referred to in section 4 may make an application to the Minister for a benefit in the manner required by the Minister. Deceased member (2) If the person died before the coming into force of this Act, or dies after the coming into force of this Act without making an application, the person’s estate or succession may apply for the benefit and has the same rights and obligations that the person would have had under this Act. Requirements (3) The Minister may require the applicant to provide (a) any documentation necessary to substantiate their claim; (b) any relevant information; and (c) an affidavit or statutory declaration attesting to the truth of the information provided. Consideration of application (4) The Minister shall consider an application without delay after its receipt and, in considering the application, may (a) investigate the facts stated in the application and any other matter related to the application; and (b) collect relevant material and information from the records of departments and agencies of the Government of Canada. Decision (5) After considering the application, the Minister shall approve the payment of the benefit if the Minister is satisfied that the applicant is entitled to a benefit, or refuse to approve the payment of the benefit in any other case. Notice of decision and reasons (6) The Minister shall notify the applicant of any decision made under subsection (5) and of the reasons for any refusal to approve the payment of a benefit.
Injured Military Members Compensation Act — I-9.8 8
Benefit of doubt 8 In making a decision under this Act, the Minister shall (a) draw from the circumstances of the case, and the evidence presented to the Minister, every reasonable inference in favour of the applicant; (b) accept any uncontradicted evidence presented to the Minister by the applicant that the Minister considers to be credible in the circumstances; and (c) resolve in favour of the applicant any doubt, in the weighing of evidence, as to whether the applicant has established a case.
Injured Military Members Compensation Act — I-9.8 9
Decisions shall be made expeditiously 9 Decisions of the Minister shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.
Injured Military Members Compensation Act — I-9.8 10
Inquiries Act 10 (1) The Minister has all the powers of a commissioner appointed under Part II of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act. Taking oaths, etc. (2) Any officer or employee of the Department of National Defence or officer of the Canadian Forces, if designated by the Minister for the purpose, may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so designated has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits. Acceptance of oaths, etc. (3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or employee of (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act , or (b) a department of the government of a province. 2003, c. 14, ss. 10, 22
Injured Military Members Compensation Act — I-9.8 11
Request for review 11 (1) An applicant who is dissatisfied with a decision made by the Minister under this Act may request a review of the decision by the Minister. After receiving the request, the Minister shall review the decision. Review on Minister’s motion (2) The Minister may, on the Minister’s own motion, review a decision made under this Act. Confirmation, amendment or rescinding (3) After reviewing the decision, the Minister may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or if new evidence is presented to the Minister. Decision is final (4) A decision of the Minister respecting a review is final and binding and, except for judicial review under the Federal Courts Act , is not subject to appeal or to review by any court. The decision shall not be the subject of a grievance under section 29 of the National Defence Act . 2003, c. 14, ss. 11, 21
Injured Military Members Compensation Act — I-9.8 12
Representation of applicant 12 In all matters under this Act, an applicant may, at their own expense, be represented by a representative of their choice.
Injured Military Members Compensation Act — I-9.8 13
Information that shall be made available to Minister 13 The following personal information relating to the person who sustained the injury shall, if requested by the Minister, be made available to the Minister to determine the applicant’s eligibility for a benefit: (a) personal information collected or obtained by the Department of Veterans Affairs in the administration of the Pension Act or Part 3 of the Veterans Well-being Act ; (b) personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act , the Canada Shipping Act or the Canada Shipping Act, 2001 or any predecessor enactment relating to the same subject-matter; and (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act , or any predecessor enactment relating to the same subject-matter. 2003, c. 14, ss. 13, 20; 2004, c. 11, s. 33; 2005, c. 21, s. 104; 2017, c. 20, s. 292
Injured Military Members Compensation Act — I-9.8 14
Information that Minister may disclose 14 Personal information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain information required for the administration of this Act; and (b) to any officer or employee of the Department of National Defence or any member of the Canadian Forces, to the extent that the disclosure is required for the administration of this Act.
Injured Military Members Compensation Act — I-9.8 15
Social Insurance Numbers 15 If a Social Insurance Number has been used to identify the service or medical records of a member of the Canadian Forces, the Minister or other authority having custody of those records may use the Social Insurance Number for the purpose of making those records available.
Injured Military Members Compensation Act — I-9.8 16
Definition of overpayment 16 (1) In this section, overpayment means a benefit, or part of a benefit, that was paid to a person and to which the person had no entitlement. Recovery of overpayment (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person, and the Minister may recover the debt (a) in accordance with section 155 of the Financial Administration Act ; or (b) by proceedings in any court of competent jurisdiction. Remission of overpayment (3) If a person has received or obtained an overpayment, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that (a) the overpayment cannot be recovered within the reasonably foreseeable future; (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered; (c) repayment of the overpayment would cause undue hardship to the person; or (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant or a member of the Canadian Forces.
Injured Military Members Compensation Act — I-9.8 17
Immunity 17 No action or other proceeding lies against any person for anything done or said in good faith in the administration of this Act.
Injured Military Members Compensation Act — I-9.8 18
Deeming 18 For the purposes of section 25 of the Pension Act , the payment of benefits under this Act is deemed not to be a compensation plan established by any other legislation of a similar nature.
Injured Military Members Compensation Act — I-9.8 19
Benefit not taxed 19 (1) A benefit paid under this Act is not subject to tax under any Act of Parliament. Exemption from seizure (2) A benefit payable under this Act is exempt from seizure.
Industrial Design Act — I-9 1
Short title 1 This Act may be cited as the Industrial Design Act . R.S., c. I-8, s. 1
Industrial Design Act — I-9 2
Definitions 2 In this Act, article means any thing that is made by hand, tool or machine; ( objet ) Convention means the Convention of the Union of Paris made on March 20, 1883, including any amendments and revisions made from time to time to which Canada is a party; ( Convention ) country of the Union means (a) a country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or (b) a member of the World Trade Organization as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act ; ( pays de l’Union ) design or industrial design means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye; ( dessin ) kit means a complete or substantially complete number of parts that can be assembled to construct a finished article; ( prêt-à-monter ) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre ) prescribed means prescribed by the regulations and, in relation to fees, includes determined in the manner prescribed by the regulations; ( Version anglaise seulement ) set means a number of articles of the same general character ordinarily on sale together or intended to be used together, to each of which the same design or variants thereof are applied; ( ensemble ) useful article means an article that has a utilitarian function and includes a model of any such article; ( objet utilitaire ) utilitarian function , in respect of an article, means a function other than merely serving as a substrate or carrier for artistic or literary matter; ( fonction utilitaire ) variants means designs applied to the same article or set and not differing substantially from one another. ( variantes ) R.S., 1985, c. I-9, s. 2; R.S., 1985, c. 10 (4th Supp.), s. 20; 1993, c. 15, s. 12(E), c. 44, s. 161; 2014, c. 39, s. 102
Industrial Design Act — I-9
article means any thing that is made by hand, tool or machine; ( objet )
Industrial Design Act — I-9
Convention means the Convention of the Union of Paris made on March 20, 1883, including any amendments and revisions made from time to time to which Canada is a party; ( Convention )
Industrial Design Act — I-9 (a)
country of the Union means (a) a country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or (b) a member of the World Trade Organization as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act ; ( pays de l’Union )
Industrial Design Act — I-9
design or industrial design means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye; ( dessin )
Industrial Design Act — I-9
kit means a complete or substantially complete number of parts that can be assembled to construct a finished article; ( prêt-à-monter )
Industrial Design Act — I-9
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
Industrial Design Act — I-9
prescribed means prescribed by the regulations and, in relation to fees, includes determined in the manner prescribed by the regulations; ( Version anglaise seulement )
Industrial Design Act — I-9
set means a number of articles of the same general character ordinarily on sale together or intended to be used together, to each of which the same design or variants thereof are applied; ( ensemble )
Industrial Design Act — I-9
useful article means an article that has a utilitarian function and includes a model of any such article; ( objet utilitaire )
Industrial Design Act — I-9
utilitarian function , in respect of an article, means a function other than merely serving as a substrate or carrier for artistic or literary matter; ( fonction utilitaire )
Industrial Design Act — I-9
variants means designs applied to the same article or set and not differing substantially from one another. ( variantes )
Industrial Design Act — I-9 3
Register 3 (1) The Minister shall cause to be kept a register called the Register of Industrial Designs, which shall contain the prescribed information and statements in respect of designs that are registered under this Act. Evidence (2) The Register of Industrial Designs is evidence of its contents, and a copy of an entry in the Register is evidence of the particulars of the entry if the copy is certified as a true copy by the Minister, by the Commissioner of Patents or by an officer, clerk or employee of the Commissioner’s office. Admissibility (3) A copy appearing to have been certified under subsection (2) is admissible in evidence in any court. R.S., 1985, c. I-9, s. 3; 1992, c. 1, s. 79; 2014, c. 39, s. 103
Industrial Design Act — I-9 3.1
Obvious error 3.1 The Minister may, within six months after an entry is made in the Register of Industrial Designs, correct any error in the entry that is obvious from the documents relating to the registered design in question that are, at the time that the entry is made, in the Minister’s possession. 2015, c. 36, s. 44
Industrial Design Act — I-9 4
Application to register design 4 (1) The proprietor of a design, whether the first proprietor or a subsequent proprietor, may apply to register the design by paying the prescribed fees and filing with the Minister an application that contains (a) the name of the finished article in respect of which the design is to be registered; (b) a representation of the design that complies with any prescribed requirements; and (c) any prescribed information or statement. Substituted applicants (2) The application shall, subject to any prescribed terms and conditions, be considered to have been filed by a person other than the person who filed it if, before the design is registered, it is established to the satisfaction of the Minister that the other person was the proprietor when the application was filed. Filing date (3) The filing date of an application in Canada is the date on which the Minister receives the prescribed documents, information and statements or, if they are received on different dates, the latest of those dates. R.S., 1985, c. I-9, s. 4; 1992, c. 1, s. 79; 1993, c. 15, s. 13; 2014, c. 39, s. 104
Industrial Design Act — I-9 5
Examination of application for registration 5 The Minister shall examine, in accordance with the regulations, each application for the registration of a design. R.S., 1985, c. I-9, s. 5; 1992, c. 1, s. 143(E); 1993, c. 15, s. 13; 2014, c. 39, s. 105
Industrial Design Act — I-9 6
Refusal of application 6 (1) The Minister shall refuse an application for the registration of a design and notify the applicant of the refusal if the Minister is satisfied that the design is not registrable. Registration of design (2) If the Minister is not so satisfied, the Minister shall register the design and notify the applicant of the registration. R.S., 1985, c. I-9, s. 6; 1992, c. 1, s. 80; 1993, c. 15, s. 14, c. 44, s. 162; 2014, c. 39, s. 105
Industrial Design Act — I-9 7
Registrable design 7 A design is registrable if (a) the application is filed in accordance with this Act; (b) the design is novel, within the meaning of section 8.2; (c) the design was created by the applicant or the applicant’s predecessor in title; (d) the design does not consist only of features that are dictated solely by a utilitarian function of the finished article; and (e) the design is not contrary to public morality or order. R.S., 1985, c. I-9, s. 7; 1992, c. 1, ss. 81, 143(E); 1993, c. 15, s. 15; 2014, c. 39, s. 105
Industrial Design Act — I-9 8
Priority date 8 (1) The priority date of a design in an application for the registration of a design (in this section and section 8.1 referred to as the “pending application”) is the filing date of the application, unless (a) the pending application is filed by a person (i) who, on the filing date of the pending application, is a citizen or national of, or is domiciled in, a country of the Union or has a real and effective industrial or commercial establishment in a country of the Union, and (ii) who has, or whose predecessor in title has, previously regularly filed an application for the registration of a design disclosing the same design in or for a country of the Union; (b) the filing date of the pending application is within six months after the filing date of the previously regularly filed application; and (c) the applicant has made a request for priority in respect of the pending application on the basis of the previously regularly filed application. Filing date of previously regularly filed application (2) In the circumstances set out in paragraphs (1)(a) to (c), the priority date of the design is the filing date of the previously regularly filed application. R.S., 1985, c. I-9, s. 8; 1993, c. 15, s. 16; 2014, c. 39, s. 105