GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Defence Production Act — D-1 19
Limitation on amount expended from C.R.F. 19 (1) The aggregate of expenditures made pursuant to section 17 and subsection 18(1) shall not at any time exceed by more than one hundred million dollars the aggregate of amounts (a) received by the Receiver General from the disposition by the Minister of materials, substances or defence supplies referred to in paragraph 17(a); (b) charged to another appropriation in respect of costs referred to in paragraph 17(a), where the materials, substances or defence supplies may be acquired under that appropriation; (c) charged to an appropriation or paid by an agent of Her Majesty or by an associated government to pay costs incurred in respect of defence supplies payment for which was made out of the Fund under paragraph 17(b); and (d) received in repayment of a loan or advance referred to in subsection 18(1). No credit of loss against expenditure without appropriation (2) No loss sustained in respect of the acquisition and subsequent disposition of any defence supplies or on account of any loan or advance or otherwise may be credited against any expenditure made pursuant to section 17 or subsection 18(1), except pursuant to an appropriation by Parliament for that purpose. R.S., 1985, c. D-1, s. 19; 2004, c. 25, s. 126
Defence Production Act — D-1 20
Title to government issue or building 20 If, by the terms of a defence contract, it is provided that title to any government issue or building furnished or made available to a person or obtained or constructed by the person with money provided by Her Majesty or an agent of Her Majesty or an associated government remains vested or vests in Her Majesty or in an associated government free and clear of all claims, liens, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, charges or encumbrances, then, despite any law in force in any province, (a) the title to the government issue or building remains vested or vests in accordance with the terms of the contract free and clear of all claims, liens, prior claims or rights of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec, charges or encumbrances; and (b) subject to any provisions in the contract, Her Majesty or the associated government in whom the title is vested is entitled at any time to remove, sell or dispose of the government issue or building. R.S., 1985, c. D-1, s. 20; 2001, c. 4, s. 72; 2004, c. 25, s. 127(F)
Defence Production Act — D-1 21
Premature rescission, resolution or termination of contract 21 No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission, resolution or termination of a defence contract at any time before it is fully performed if it is rescinded, resolved or terminated under a power contained in the contract or under a power conferred by or under an Act of Parliament. R.S., 1985, c. D-1, s. 21; 2004, c. 25, s. 128
Defence Production Act — D-1 22
Relief from claims and proceedings for royalties 22 (1) The Minister may, on behalf of Her Majesty, contract with any person that Her Majesty will relieve that person from any claims, actions or proceedings for the payment of royalties for the use or infringement of any patent, certificate of supplementary protection, registered industrial design or registered topography by that person in, or for the furnishing of any engineering or technical assistance or services to that person for, the performance of a defence contract. Relief from royalty payments (2) A person with whom the Minister has contracted under subsection (1) is not liable to pay royalties under any contract, statute or otherwise by reason of the use or infringement of a patent, certificate of supplementary protection, registered industrial design or registered topography in, or in respect of engineering or technical assistance or services furnished for, the performance of a defence contract and to which the contract under subsection (1) applies. Compensation for use (3) A person who, but for subsection (2), would be entitled to a royalty from another person for the infringement or use of a patent, certificate of supplementary protection, registered industrial design or registered topography or in respect of engineering or technical assistance or services is entitled to reasonable compensation from Her Majesty for the infringement, use or services and, if the Minister and that person cannot agree as to the amount of the compensation, it shall be fixed by the Commissioner of Patents. Appeal (4) Any decision of the Commissioner of Patents under subsection (3) is subject to appeal to the Federal Court under the Patent Act . Definitions (5) In this section, certificate of supplementary protection has the same meaning as in section 2 of the Patent Act and registered topography has the same meaning as in subsection 2(1) of the Integrated Circuit Topography Act . R.S., 1985, c. D-1, s. 22; 1994, c. 47, s. 220; 2017, c. 6, s. 127
Defence Production Act — D-1 23
Accounts records and documents of contractor 23 A person who has entered into a defence contract shall (a) keep detailed accounts and records of the cost of carrying out the contract and retain those accounts and records until the expiration of six years after the end of the calendar year in which the contract is terminated or completed; and (b) on demand, produce to any person thereunto authorized by the Minister every account, record or document of any description with respect to the contract and with respect to his other business that may be required by the person so authorized and permit him to examine, audit and take copies of and extracts from the accounts, records or documents. R.S., c. D-2, s. 19; 1980-81-82-83, c. 102, s. 2
Defence Production Act — D-1 25
Appeal to Federal Court 25 (1) A person affected by an order or direction made by the Minister under section 24 may, within the period of thirty days after the receipt of a copy of the order or direction, inform the Minister of the intention of that person to appeal against the order or direction to the Federal Court and shall, within that period, file a notice of the intention in the Court and, on the giving and filing of the notice, all proceedings under the order or direction shall be stayed pending disposition of the appeal by the Federal Court. Appellant may be ordered to give security (2) Where a person has appealed under this section against an order or direction, a judge of the Federal Court may, on application made on behalf of the Minister, order the person to give security to the satisfaction of the Court for payment of the amount payable under the order or direction, or of such part of that amount, as the judge deems advisable in the circumstances, if it appears to the judge that the person has assets to pay the amount required to be paid by the person under the order or direction in whole or in part but that the assets may be disposed of or converted, before the appeal is decided, in such way that assets may not be available to pay any amount that may be owing as a result of the appeal. Proceedings on appeal (3) Where a notice of appeal has been filed in accordance with subsection (1), the Federal Court shall, on the application of the Minister or the appellant, give directions relative to the disposition of the appeal and, on the hearing of the appeal, shall have jurisdiction to review any order or direction of the Minister and may confirm the Minister’s order or direction or vary the same as it deems just and the decision of the Court is final and conclusive. R.S., 1985, c. D-1, s. 25; 2004, c. 25, s. 129(F)
Defence Production Act — D-1 30
Non-disclosure of information 30 No information with respect to an individual business that has been obtained under or by virtue of this Act shall be disclosed without the consent of the person carrying on that business, except (a) to a government department, or any person authorized by a government department, requiring the information for the purpose of the discharge of the functions of that department; or (b) for the purposes of any prosecution for an offence under this Act or, with the consent of the Minister, for the purposes of any civil suit or other proceeding at law. R.S., c. D-2, s. 23
Defence Production Act — D-1 31
Powers of specific government companies 31 The Canadian Commercial Corporation or a company to which the Government Corporations Operation Act applies has capacity and power to make arrangements to act on behalf of the Minister under this Act or to enter into contracts to act as agent of Her Majesty under this Act and the making of those arrangements or the entry into those contracts and the carrying out thereof shall be deemed to be included in the objects and purposes for which the Corporation or the company was incorporated. R.S., c. D-2, s. 24
Defence Production Act — D-1 32
Paramount powers under this Act 32 The powers conferred by this Act may be exercised notwithstanding anything contained in the Public Works Act . R.S., c. D-2, s. 25
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Orders and regulations 33 The Governor in Council may make orders and regulations to carry out the purposes and provisions of this Part. R.S., 1985, c. D-1, s. 33; 2000, c. 31, s. 3
Defence Production Act — D-1 34
Regulations to be published 34 (1) Every regulation, as defined in the Statutory Instruments Act , made under the authority of this Part shall be published in the Canada Gazette within 30 days after it is made. Motion to revoke or amend (2) Where a regulation has been published in the Canada Gazette pursuant to subsection (1), a notice of motion in either House signed by ten members thereof and made in accordance with the rules of that House within seven days of the day the regulation was published or, if that House is not then sitting, on any of the first seven days next thereafter that that House is sitting, praying that the regulation be revoked or amended, shall be debated in that House at the first convenient opportunity within the four sitting days next after the day the motion in that House was made. R.S., 1985, c. D-1, s. 34; 2000, c. 31, s. 4
Defence Production Act — D-1 35
Definition of “controlled goods” 35 In this Part, controlled goods means the goods referred to in the schedule. 2000, c. 31, s. 5
Defence Production Act — D-1 36
Excluded persons 36 This Part does not apply to a person who (a) occupies a position in the federal public administration, including a position in a federal Crown corporation, or is employed by Her Majesty in right of a province, who acts in good faith in the course of their duties and employment; or (b) is a member of a class of persons prescribed by regulation. 2000, c. 31, s. 5; 2003, c. 22, s. 159(E)
Defence Production Act — D-1 37
Prohibitions 37 (1) No person shall, unless the person is registered under section 38 or exempt from registration under section 39 or 39.1, knowingly examine or possess a controlled good or transfer a controlled good to another person. Offence re person registered or exempt (2) No person registered or exempt from registration shall knowingly transfer a controlled good to or permit the examination of a controlled good by a person who is not registered or exempt from registration. Definition of “transfer” (3) In this section, transfer means, in respect of a controlled good, to dispose of it or disclose its content in any manner. Scope of registration (4) The registration of a person extends to the officers, directors and employees authorized by the registered person in accordance with the regulations. 2000, c. 31, s. 5
Defence Production Act — D-1 38
By Minister 38 (1) The Minister may, in accordance with the regulations, register any person who makes an application for registration and may, for that purpose, request any information that in the opinion of the Minister is necessary. Conditions (2) A registration or its renewal is subject to conditions prescribed by regulation and any conditions that in the opinion of the Minister are appropriate. Denial — security assessment (3) The Minister may deny an application for registration or suspend, amend or revoke a registration on the basis of a security assessment prescribed by regulation. Certificate of registration (4) The Minister shall furnish a registered person with a certificate of that registration in a form that the Minister may specify. 2000, c. 31, s. 5
Defence Production Act — D-1 39
By regulation 39 Individuals of a class prescribed by regulation are exempt from registration. 2000, c. 31, s. 5
Defence Production Act — D-1 39.1
By Minister 39.1 (1) The Minister may, in accordance with the regulations, exempt an individual from registration and may, for that purpose, request any information that in the opinion of the Minister is necessary. Conditions (2) An exemption or its renewal is subject to conditions prescribed by regulation and any conditions that in the opinion of the Minister are appropriate. Denial — security assessment (3) The Minister may deny, suspend, amend or revoke an exemption on the basis of a security assessment prescribed by regulation. Certificate of exemption (4) If an exemption is granted, the Minister shall furnish, in accordance with the regulations, a certificate of exemption in a form that the Minister may specify. 2000, c. 31, s. 5
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To Minister 40 Every registered person shall provide the Minister with any information prescribed by regulation, in the manner and time prescribed by regulation. 2000, c. 31, s. 5
Defence Production Act — D-1 41
Designation of inspectors 41 (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for the purposes of this Part. Certificate of designation (2) The Minister shall furnish every inspector with a certificate of designation as an inspector and, on entering any place or inspecting any thing, an inspector shall show the certificate to the person apparently in charge of the place or thing if the person requests proof of the inspector’s designation. 2000, c. 31, s. 5
Defence Production Act — D-1 42
Inspection of facilities 42 (1) For the purpose of ensuring compliance with this Part and the regulations, an inspector may at any reasonable time enter and inspect any place. Powers of inspector (2) When conducting the inspection, the inspector may (a) require the attendance of and question any person who the inspector considers will be able to assist in the inspection; (b) require any person to produce for inspection or copying any document that the inspector believes contains any information relevant to the administration of this Part or the regulations; (c) detain or remove any controlled good, until the inspector is satisfied that the requirements of this Part and the regulations are met; and (d) require that any individual in charge of a place that is the subject of an inspection take any measures that the inspector considers appropriate. Inspector may be accompanied (3) While exercising any authority under this Part, an inspector may be accompanied by any other person chosen by the inspector. 2000, c. 31, s. 5
Defence Production Act — D-1 43
Governor in Council 43 The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations (a) respecting the classes of persons referred to in paragraph 36(b); (b) respecting the procedure, under subsection 37(4), for authorizing officers, directors and employees to examine, possess or transfer controlled goods and the conditions they must satisfy to be authorized; (c) respecting registrations under section 38 and exemptions from registration under sections 39 and 39.1, including (i) the conditions of eligibility, (ii) the procedure to be followed in making applications and the information to be set out in the applications, (iii) the factors to be considered by the Minister when deciding whether a person may be registered or exempted, (iv) the Minister’s powers to renew, suspend, amend or revoke a registration or an exemption, (v) the conditions of registration or the renewal of a registration, including the keeping of records, the requirement to report under section 40, and the establishment and implementation of security plans, (vi) the conditions of exemption or the renewal of an exemption, and (vii) security assessments referred to in subsection 38(3) or 39.1(3); and (d) amending, on the joint recommendation of the Minister and the Minister of Foreign Affairs, the schedule. 2000, c. 31, s. 5; 2015, c. 3, s. 74
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Other prohibitions 44 No person shall (a) make any false or misleading statement or provide false or misleading information to an inspector or other person carrying out functions under this Act; (b) destroy any record or document required to be kept under this Act or the regulations; (c) make a false entry in a record required to be kept under this Act or the regulations or omit to make any entry in such a record; (d) interfere in any way with any thing detained or removed by an inspector, except with the inspector’s permission; or (e) fail to comply with any reasonable request of an inspector or otherwise obstruct an inspector in the performance of the inspector’s functions. 2000, c. 31, s. 5
Defence Production Act — D-1 45
Serious offence 45 (1) Every person who contravenes section 37 is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both; or (b) an indictable offence and liable to a fine not exceeding $2,000,000 or to imprisonment for a term not exceeding 10 years, or to both. Other offences (2) Every person who contravenes any other provision of this Act or the regulations is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months, or to both. Defence of due diligence (3) For the purposes of subsection (2), no person shall be found to have contravened section 13 or 44 or the regulations if the person exercised all due diligence to prevent the contravention. Continuing offence (4) If an offence is committed or continued on more than one day, the person who commits it is liable to be convicted of a separate offence for each day on which the offence is committed or continued. Factors to be considered when imposing sentence (5) If an offender is convicted under subsection (1), the court imposing a sentence on the offender shall, in addition to considering any other relevant factors, consider the nature of the controlled goods that are the subject-matter of the offence. Limitation period for summary conviction offences (6) Proceedings by way of summary conviction may be instituted at any time within, but not later than, three years after the day on which the subject-matter of the proceedings arose. 2000, c. 31, s. 5
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Officers, etc., of corporation 46 An officer or a director, or an agent or a mandatary, of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted. 2000, c. 31, s. 5; 2004, c. 25, s. 130(E)
Defence Production Act — D-1 1
1 The following definitions apply in this schedule. firearm has the same meaning as in section 2 of the Criminal Code . ( arme à feu ) full demilitarization means an action that permanently prevents a good’s repair, restoration or reverse engineering. ( démilitarisation complète ) Guide has the same meaning as in section 1 of the Export Control List . ( guide ) prohibited firearm has the same meaning as in paragraph (c) of the definition prohibited firearm in subsection 84(1) of the Criminal Code . ( arme à feu prohibée ) restricted firearm has the same meaning as in subsection 84(1) of the Criminal Code . ( arme à feu à autorisation restreinte )
Defence Production Act — D-1
firearm has the same meaning as in section 2 of the Criminal Code . ( arme à feu )
Defence Production Act — D-1
full demilitarization means an action that permanently prevents a good’s repair, restoration or reverse engineering. ( démilitarisation complète )
Defence Production Act — D-1
Guide has the same meaning as in section 1 of the Export Control List . ( guide )
Defence Production Act — D-1
prohibited firearm has the same meaning as in paragraph (c) of the definition prohibited firearm in subsection 84(1) of the Criminal Code . ( arme à feu prohibée )
Defence Production Act — D-1
restricted firearm has the same meaning as in subsection 84(1) of the Criminal Code . ( arme à feu à autorisation restreinte )
Defence Production Act — D-1 2
2 (1) Subject to subsection (2) and section 6, the following are controlled goods: (a) a good of United States origin that is a defense article as defined in section 120.6 of the International Traffic in Arms Regulations of the United States Code of Federal Regulations , as amended from time to time, or (b) a good, other than a good of United States origin, that is manufactured using technical data of United States origin, as defined in section 120.10 of the International Traffic in Arms Regulations of the United States Code of Federal Regulations , as amended from time to time, if the technical data is a defense article . (2) For the purposes of this section, controlled goods do not include a firearm or its specially designed components if it is not a prohibited firearm and it has (a) a calibre equal to or less than 12.7 mm; or (b) a smooth bore with a calibre less than 20 mm.