GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Act — C-34 123.1
Failure to comply 123.1 (1) If, on application by the Commissioner, the court determines that a person, without good and sufficient cause, the proof of which lies on the person, has completed or is likely to complete a proposed transaction before the end of the applicable period referred to in section 123 or without having given the notice or information required under subsection 114(1), the court may (a) order the person to submit information required under subsection 114(2); (b) issue an interim order prohibiting any person from doing anything that it appears to the court may constitute or be directed toward the completion or implementation of the proposed transaction; (c) in the case of a completed transaction, order any party to the transaction or any other person, in any manner that the court directs, to dissolve the merger or to dispose of assets or shares designated by the court; (d) in the case of a completed transaction, order the person to pay, in any manner that the court specifies, an administrative monetary penalty in an amount not exceeding $10,000 for each day on which they have failed to comply with section 123, determined by the court after taking into account any evidence of the following: (i) the person’s financial position, (ii) the person’s history of compliance with this Act, (iii) the duration of the period of non-compliance, and (iv) any other relevant factor; or (e) grant any other relief that the court considers appropriate. Purpose of order (2) The terms of an order under paragraph (1)(d) shall be determined with a view to promoting conduct by the person that is in conformity with the purposes of this Part and not with a view to punishment. Unpaid monetary penalty (3) The amount of an administrative monetary penalty imposed under paragraph (1)(d) is a debt due to Her Majesty in right of Canada and may be recovered as such from the person in a court of competent jurisdiction. Definition of court (4) In this section, court means the Tribunal, the Federal Court or the superior court of a province. 2009, c. 2, s. 439 2024, c. 15, s. 263
Competition Act — C-34 124
Regulations 124 (1) The Governor in Council may make regulations prescribing anything that is by this Part to be prescribed. Publication of proposed regulations (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto. Exception (3) No proposed regulation need be published under subsection (2) if it has previously been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 124.1
Application for written opinion 124.1 (1) Any person may apply to the Commissioner, with supporting information, for an opinion on the applicability of any provision of this Act or the regulations to conduct or a practice that the applicant proposes to engage in, and the Commissioner may provide a written opinion for the applicant’s guidance. Opinion binding (2) If all the material facts have been submitted by or on behalf of an applicant for an opinion and they are accurate, a written opinion provided under this section is binding on the Commissioner. It remains binding for so long as the material facts on which the opinion was based remain substantially unchanged and the conduct or practice is carried out substantially as proposed. 2002, c. 16, s. 15
Competition Act — C-34 124.2
Reference if parties agree 124.2 (1) The Commissioner and a person who is the subject of an inquiry under section 10 or 10.1 may by agreement refer to the Tribunal for determination any question of law, mixed law and fact, jurisdiction, practice or procedure, in relation to the application or interpretation of Part VII.1 or VIII, whether or not an application has been made under Part VII.1 or VIII. Reference by Commissioner (2) The Commissioner may, at any time, refer to the Tribunal for determination a question of law, jurisdiction, practice or procedure, in relation to the application or interpretation of Parts VII.1 to IX. Reference by agreement of parties to a private action (3) A person granted leave under section 103.1 and the person against whom an order is sought under section 74.1, 75, 76, 77, 79 or 90.1 may by agreement refer to the Tribunal for determination any question of law, or mixed law and fact, in relation to the application or interpretation of Part VII.1 or VIII, if the Tribunal grants them leave. They must send a notice of their application for leave to the Commissioner, who may intervene in the proceedings. Reference procedure (4) The Tribunal shall decide the questions referred to it informally and expeditiously, in accordance with any rules on references made under section 16 of the Competition Tribunal Act . 2002, c. 16, s. 15; 2015, c. 3, s. 41 2022, c. 10, s. 274 2023, c. 31, s. 11 2024, c. 15, s. 264
Competition Act — C-34 124.3
Certificate 124.3 (1) If the Commissioner is satisfied by a party or parties that propose to enter into an agreement or arrangement that it is for the purpose of protecting the environment and that it is not likely to prevent or lessen competition substantially in a market, they may issue a certificate that they are so satisfied. Duty of Commissioner (2) The Commissioner must consider any request for a certificate under this section as soon as practicable. Duty of party or parties (3) The party or parties seeking a certificate must, on request, provide to the Commissioner any information related to the agreement or arrangement. Content of certificate (4) The Commissioner must specify in the certificate the names of the parties to the agreement or arrangement as well as a description of the agreement or arrangement’s content. Terms (5) The Commissioner may specify in the certificate any terms that the Commissioner considers appropriate. Period of validity (6) The Commissioner must specify in the certificate its period of validity, which is not to exceed 10 years, and on request of the parties may extend that period for one or more additional periods not exceeding 10 years. 2024, c. 15, s. 265
Competition Act — C-34 124.4
Registration 124.4 The Commissioner must file a certificate issued under subsection 124.3(1) with the Tribunal for immediate registration. 2024, c. 15, s. 265
Competition Act — C-34 124.5
Non-application of sections 45, 46, 47, 49 and 90.1 124.5 Sections 45, 46, 47, 49 and 90.1 do not apply in respect of an agreement or arrangement that is the subject of a certificate issued under subsection 124.3(1) that is valid and registered. 2024, c. 15, s. 265
Competition Act — C-34 124.6
Notice of termination 124.6 (1) The parties to an agreement or arrangement that is the subject of a valid certificate issued under subsection 124.3(1) must, within 15 days of the day on which they terminate the agreement or arrangement, give notice of the termination to the Commissioner and the Tribunal. Rescission of certificate (2) The Tribunal must, without delay after receiving the notice, rescind the certificate. 2024, c. 15, s. 265
Competition Act — C-34 124.7
Rescission or variation of certificate 124.7 The Tribunal may rescind or vary a certificate issued under subsection 124.3(1) if, on application by the Commissioner, the parties to the agreement or arrangement that is the subject of the certificate or a person directly and substantially affected in the whole or part of their business by the agreement or arrangement, the Tribunal finds that (a) the parties have terminated the agreement or arrangement without giving notice of the termination in accordance with subsection 124.6(1); (b) the parties have agreed, with the Commissioner’s consent, to vary the agreement or arrangement; (c) the agreement or arrangement is not being implemented in accordance with the description of it in the certificate; (d) the parties have failed to comply with the terms specified in the certificate; or (e) the agreement or arrangement prevents or lessens, or is likely to prevent or lessen, competition substantially in a market. 2024, c. 15, s. 265
Competition Act — C-34 125
Representations to federal boards, etc. 125 (1) The Commissioner, at the request of any federal board, commission or other tribunal or on his own initiative, may, and on direction from the Minister shall, make representations to and call evidence before the board, commission or other tribunal in respect of competition, whenever such representations are, or evidence is, relevant to a matter before the board, commission or other tribunal, and to the factors that the board, commission or other tribunal is entitled to take into consideration in determining the matter. Definition of federal board, commission or other tribunal (2) For the purposes of this section, federal board, commission or other tribunal means any board, commission, tribunal or person that carries on regulatory activities and is expressly charged by or pursuant to an enactment of Parliament with the responsibility of making decisions or recommendations related directly or indirectly to the production, supply, acquisition or distribution of a product. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 126
Representations to provincial boards, etc. 126 (1) The Commissioner, at the request of any provincial board, commission or other tribunal, or on his own initiative with the consent of the board, commission or other tribunal, may make representations to and call evidence before the board, commission or other tribunal in respect of competition, whenever such representations are, or evidence is, relevant to a matter before the board, commission or other tribunal, and to the factors that the board, commission or other tribunal is entitled to take into consideration in determining the matter. Definition of provincial board, commission or other tribunal (2) For the purposes of this section, provincial board, commission or other tribunal means any board, commission, tribunal or person that carries on regulatory activities and is expressly charged by or pursuant to an enactment of the legislature of a province with the responsibility of making decisions or recommendations related directly or indirectly to the production, supply, acquisition or distribution of a product. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 37
Competition Act — C-34 127
Annual report 127 The Commissioner shall report annually to the Minister on the operation of the Acts referred to in subsection 7(1), and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days after the Minister receives the report on which that House is sitting. R.S., 1985, c. 19 (2nd Supp.), s. 45; 1999, c. 2, s. 36
Competition Act — C-34 128
Regulations 128 (1) The Governor in Council may make such regulations as are necessary for carrying out this Act and for the efficient administration thereof. Publication of proposed regulations (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto. Exception (3) No proposed regulation need be published under subsection (2) if it has previously been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection. R.S., 1985, c. 19 (2nd Supp.), s. 45
Competition Act — C-34 61
Orders of the Commission 61 For the purposes of the Competition Act , as amended by this Act, an order of the Restrictive Trade Practices Commission under Part V, as it read immediately prior to the coming into force of section 29 of this Act, or pursuant to subsection 60(1) shall be deemed to be an order of the Competition Tribunal under the Competition Act .
Competition Act — C-34 38
Person holding office of Director 38 (1) The person holding the office of Director of Investigation and Research immediately before the coming into force of section 4 shall continue in office as the Commissioner of Competition referred to in section 7 of the Competition Act , as amended by this Act. Persons holding office as Deputy Director (2) Every person holding the office of Deputy Director of Investigation and Research immediately before the coming into force of section 5 shall continue in office as a Deputy Commissioner of Competition referred to in section 8 of the Competition Act , as enacted by this Act.
Competition Act — C-34 39
Outstanding prohibition orders 39 An order made under section 34 of the Competition Act in respect of an offence under any of sections 52, 53 or 57 to 59 of that Act, as those sections read immediately before the coming into force of sections 12, 14 and 17 of this Act, is deemed to have been made under paragraph 74.1(1)(a) of the Competition Act , as enacted by section 22 of this Act.
Competition Act — C-34 40
Variation or rescission of orders 40 Subsection 34(2.3) of the Competition Act , as enacted by subsection 11(2) of this Act, applies in respect of orders made under section 34 of the Competition Act whether before or after the coming into force of section 11 of this Act.
Competition Act — C-34 54
References to “Director” 54 Every reference to the Director of Investigation and Research or a Deputy Director of Investigation and Research in any other Act of Parliament or in a regulation, order or other instrument made under any Act of Parliament is deemed to be a reference to the Commissioner of Competition or a Deputy Commissioner of Competition, as the case may be.
Competition Act — C-34 440
Agreements or arrangements entered into before royal assent 440 Any party to an agreement or arrangement entered into before the day on which this Act receives royal assent may, within one year after that day, apply under section 124.1 of the Competition Act without payment of any fee for an opinion on the applicability to the agreement or arrangement of section 45 or 90.1 of the Competition Act , as enacted by sections 410 and 429 , respectively, as if the agreement or arrangement had not yet been entered into and as if that section 45 or 90.1 were in force.
Competition Act — C-34 12
Sections 92 and 96 of the Competition Act 12 Sections 92 and 96 of the Competition Act , as they read before the day on which sections 9 and 10 come into force, continue to apply after that day to a proposed transaction notified under section 114 of that Act before that day or to a merger that has been substantially completed before that day.
Competition Act — C-34 267
Subsection 67(4) of the Competition Act 267 Subsection 67(4) of the Competition Act , as enacted by section 235 , applies only in respect of corporations that are charged with an offence under that Act on or after the day on which this Act receives royal assent.
Competition Act — C-34 268
Subsection 92(2) of the Competition Act 268 Subsection 92(2) of the Competition Act , as that subsection read before the day on which subsection 249 (2) comes into force, continues to apply after that day in respect of a proposed transaction that was the subject of a notification provided under section 114 of that Act before that day or to a merger that is substantially completed before that day.
Communications Security Establishment Act — C-35.3 Preamble
Preamble Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada;
Communications Security Establishment Act — C-35.3
Whereas it is essential, to discharge that responsibility, for Canada to have a communications security establishment;
Communications Security Establishment Act — C-35.3
And whereas it is important that the communications security establishment carry out its activities in accordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms ;
Communications Security Establishment Act — C-35.3
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Communications Security Establishment Act — C-35.3 1
Short title 1 This Act may be cited as the Communications Security Establishment Act .
Communications Security Establishment Act — C-35.3
Canadian means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. ( Canadien )
Communications Security Establishment Act — C-35.3
Chief means the Chief of the Establishment appointed under section 8 . ( chef )
Communications Security Establishment Act — C-35.3
Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act . ( commissaire )
Communications Security Establishment Act — C-35.3
entity means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state. ( entité )
Communications Security Establishment Act — C-35.3
Establishment means the Communications Security Establishment established under section 5 . ( Centre )
Communications Security Establishment Act — C-35.3 (a)
federal institution includes any of the following institutions of Parliament or the Government of Canada: (a) the Senate; (b) the House of Commons; (c) the Library of Parliament; (d) the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer; (e) any federal court; (f) any board, commission, council, other body or other office established to perform a governmental function by or under an Act of Parliament, or by or under the authority of the Governor in Council; (g) a department as defined in section 2 of the Financial Administration Act ; (h) a Crown corporation established by or under an Act of Parliament; and (i) any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a federal minister. ( institutions fédérales )
Communications Security Establishment Act — C-35.3
foreign intelligence means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security. ( renseignement étranger )
Communications Security Establishment Act — C-35.3
global information infrastructure includes electromagnetic emissions, any equipment producing such emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, that equipment, those systems or those networks. ( infrastructure mondiale de l’information )
Communications Security Establishment Act — C-35.3
Minister means the Minister of National Defence or, if another federal minister is designated under section 4 , that minister. ( ministre )
Communications Security Establishment Act — C-35.3
publicly available information means information that has been published or broadcast for public consumption, is accessible to the public on the global information infrastructure or otherwise or is available to the public on request, by subscription or by purchase. It does not include information in respect of which a Canadian or a person in Canada has a reasonable expectation of privacy. ( information accessible au public )
Communications Security Establishment Act — C-35.3
Review Agency means the National Security and Intelligence Review Agency established under section 3 of the National Security and Intelligence Review Agency Act . ( Office de surveillance )
Communications Security Establishment Act — C-35.3
terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code . ( groupe terroriste )
Communications Security Establishment Act — C-35.3
unselected , with respect to information, means that the information is acquired, for technical or operational reasons, without the use of terms or criteria to identify information of foreign intelligence interest. ( non sélectionnée )
Communications Security Establishment Act — C-35.3 3
Principle 3 It is in the public interest to ensure that the Establishment may effectively carry out its mandate in accordance with the rule of law and, to that end, to expressly recognize in law a justification for persons who are authorized to carry out activities under this Act to, in the course of carrying out those activities, commit acts or omissions that would otherwise constitute offences.
Communications Security Establishment Act — C-35.3 4
Minister 4 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.
Communications Security Establishment Act — C-35.3 5
Establishment established 5 The Communications Security Establishment is established.
Communications Security Establishment Act — C-35.3 6
Minister is responsible 6 The Minister is responsible for the Establishment.
Communications Security Establishment Act — C-35.3 7
Head office 7 (1) The head office of the Establishment is to be in the National Capital Region described in the schedule to the National Capital Act . Other offices (2) The Chief may, with the approval of the Minister, establish other offices elsewhere in Canada.
Communications Security Establishment Act — C-35.3 8
Appointment 8 (1) The Governor in Council must appoint a Chief of the Communications Security Establishment to hold office during pleasure for a term not exceeding five years. Reappointment (2) The Chief is eligible to be reappointed at the end of a term of office for a further term not exceeding five years. Salary and expenses (3) The Chief is to be paid the salary that is fixed by the Governor in Council and is entitled to payments for reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from his or her ordinary place of work. Compensation (4) The Chief is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act . Absence, incapacity or vacancy (5) If the Chief is absent or incapacitated or the office of Chief is vacant, the Minister may appoint another person to act as Chief, but must not appoint a person for a term of more than 90 days without the approval of the Governor in Council.
Communications Security Establishment Act — C-35.3 9
Chief’s powers, duties and functions 9 (1) The Chief, under the direction of the Minister, has the management and control of the Establishment and all matters relating to it. Rank of deputy head (2) The Chief has the rank and all the powers of a deputy head of a department. Delegation by Chief (3) The Chief may delegate to any person any power, duty or function conferred on the Chief under this Act, except the power to delegate under this subsection.
Communications Security Establishment Act — C-35.3 10
Establishment’s powers, duties and functions 10 The powers, duties and functions of the Establishment may be exercised or performed by any person who is appointed to serve in the Establishment in a capacity appropriate to the exercise of the power or the performance of the duty or function.