GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Department of Veterans Affairs Act — V-1 6.7
Information that Minister may disclose 6.7 Personal information that has been collected or obtained by the Minister in the administration of this Act, the regulations, or any enactment incorporating this Act or the regulations by reference, 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 from that person or body information that the Minister requires for the administration of this Act, the regulations, or any other enactment administered by the Minister; (b) to any officer or employee of the Department, to the extent that the disclosure is required for the administration of this Act, the regulations, or any other enactment administered by the Minister; (c) to any person or body, to the extent that the disclosure is required for the purpose of obtaining a payment due to Canada by (i) the United Nations, or (ii) another international organization or another country, pursuant to an international agreement; (d) to the Department of Employment and Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan ; (e) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act ; and (f) to the Department of Employment and Social Development or an official of the Canada Revenue Agency, to the extent that the disclosure is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19).‍ 2000, c. 34, s. 16; 2005, c. 35, s. 66; 2012, c. 19, s. 695; 2013, c. 40, s. 237 2020, c. 11, s. 6
Department of Veterans Affairs Act — V-1 6.8
Disclosure in legal proceedings 6.8 Notwithstanding any other Act or law, no member of the federal public administration shall be required to disclose personal information that has been collected or obtained for the purposes of this Act, the regulations, or any enactment incorporating this Act or the regulations by reference, in any legal proceedings, except (a) criminal proceedings; or (b) proceedings on a review, appeal, reconsideration or judicial review relating to an application made under this Act, the regulations, or any enactment incorporating this Act or the regulations by reference. 2000, c. 34, s. 16; 2003, c. 22, s. 224(E)
Department of Veterans Affairs Act — V-1 6.9
Social Insurance Numbers 6.9 If a Social Insurance Number has been used to identify the service or medical records of a person referred to in paragraph 4(a), the minister or other authority having custody of those records and the Minister may use the Social Insurance Number for the purpose of making available those records. 2000, c. 34, s. 16
Department of Veterans Affairs Act — V-1 7
Annual report 7 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after January 31 next following the end of each fiscal year, a report showing the operations of the Department for that fiscal year. R.S., 1985, c. V-1, s. 7; 1992, c. 1, s. 140
Department of Veterans Affairs Act — V-1 Regulations respecting merchant navy veterans
Regulations respecting merchant navy veterans * 21 Regulations made under the Department of Veterans Affairs Act for the first time after this section comes into force for the purpose of providing merchant navy veterans and their dependents and survivors with benefits similar to those provided to veterans and their dependents and survivors shall, if they so provide, be retroactive and be deemed to have come into force on a day prior to the day on which they were made, which prior day may not be before the day on which this Act is assented to. * [Note: Section 21 in force on assent June 18, 1992.]
Department of Veterans Affairs Act — V-1
Assistance Fund (W.V.A. and C.W.A.) Regulations * 17 For greater certainty, the Assistance Fund (W.V.A. and C.W.A.) Regulations are deemed to have been valid and in force from the time they were first enacted until the coming into force of this section, and continue in force subject to being amended or repealed under paragraph 5(e.1) of the Department of Veterans Affairs Act . * [Note: Section 17 in force December 15, 2002, see SI/2002-149.]
Department of Veterans Affairs Act — V-1
Civilian Government Employees (War) Compensation Order * 18 For greater certainty, (a) the Civilian Government Employees (War) Compensation Order , P.C. 45/8848 of November 22, 1944, is deemed to have been valid and in force from the time it was made until the coming into force of this section, and continues in force subject to being amended or repealed under paragraph 5(h) of the Department of Veterans Affairs Act ; and (b) all references in that Order to the Pension Act are deemed to be, and always to have been, references to that Act as amended from time to time. * [Note: Section 18 in force December 15, 2002, see SI/2002-149.]
Department of Veterans Affairs Act — V-1 7
Regulations made under the Department of Veterans Affairs Act 7 Regulations made under the Department of Veterans Affairs Act , and in force immediately before the coming into force of this Act, that confer on members of the Canadian Forces and their survivors a benefit for disability or death by reason of service in a special duty area apply, with such modifications as the circumstances require, in respect of members of the Canadian Forces and their survivors in relation to disability or death by reason of special duty service, as defined in subsection 3(1) of the Pension Act as amended by subsection 1(3) of this Act.
Department of Veterans Affairs Act — V-1 10
Payment out of Consolidated Revenue Fund 10 Any amount payable by the Minister of Employment and Social Development in relation to the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19), including any administrative cost, is to be paid out of the Consolidated Revenue Fund.
Visiting Forces Act — V-2 1
Short title 1 This Act may be cited as the Visiting Forces Act . R.S., c. V-6, s. 1
Visiting Forces Act — V-2 2
Definitions 2 In this Act, Canadian Forces means the armed forces of Her Majesty raised by Canada; ( Forces canadiennes ) civil court means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction; ( tribunal civil ) civil prison means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined; ( prison civile ) dependant means, with reference to a member of a visiting force or to a member of the armed forces of a designated state, a person who forms part of the member’s household and depends on the member for support; ( personne à charge ) designated state means a state, other than Canada, that is designated under section 4; ( État désigné ) detention barrack means a place designated as such under the National Defence Act ; ( caserne disciplinaire ) penitentiary means a penitentiary within the meaning of Part I of the Corrections and Conditional Release Act , and includes any prison or place in which a person sentenced to imprisonment for two years or more by a civil court having jurisdiction in the place where the sentence is imposed can, for the time being, be confined; ( pénitencier ) service court means a court martial and includes the service authorities of a designated state who are empowered by the laws of that state to deal with charges; ( tribunal militaire ) service prison means a place designated as such under the National Defence Act ; ( prison militaire ) visiting force means any of the armed forces of a designated state present in Canada in connection with official duties, and includes civilian personnel designated under section 4 as a civilian component of a visiting force. ( force étrangère présente au Canada ) R.S., 1985, c. V-2, s. 2; 1992, c. 20, s. 216; 2000, c. 12, s. 316
Visiting Forces Act — V-2
Canadian Forces means the armed forces of Her Majesty raised by Canada; ( Forces canadiennes )
Visiting Forces Act — V-2
civil court means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction; ( tribunal civil )
Visiting Forces Act — V-2
civil prison means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined; ( prison civile )
Visiting Forces Act — V-2
dependant means, with reference to a member of a visiting force or to a member of the armed forces of a designated state, a person who forms part of the member’s household and depends on the member for support; ( personne à charge )
Visiting Forces Act — V-2
designated state means a state, other than Canada, that is designated under section 4; ( État désigné )
Visiting Forces Act — V-2
detention barrack means a place designated as such under the National Defence Act ; ( caserne disciplinaire )
Visiting Forces Act — V-2
penitentiary means a penitentiary within the meaning of Part I of the Corrections and Conditional Release Act , and includes any prison or place in which a person sentenced to imprisonment for two years or more by a civil court having jurisdiction in the place where the sentence is imposed can, for the time being, be confined; ( pénitencier )
Visiting Forces Act — V-2
service court means a court martial and includes the service authorities of a designated state who are empowered by the laws of that state to deal with charges; ( tribunal militaire )
Visiting Forces Act — V-2
service prison means a place designated as such under the National Defence Act ; ( prison militaire )
Visiting Forces Act — V-2
visiting force means any of the armed forces of a designated state present in Canada in connection with official duties, and includes civilian personnel designated under section 4 as a civilian component of a visiting force. ( force étrangère présente au Canada )
Visiting Forces Act — V-2 3
Application of Act 3 This Act applies in respect of a designated state when the Governor in Council has pursuant to section 4 declared it to be applicable in respect of that state, and it applies in respect of that state only to the extent declared by the Governor in Council pursuant to that section. R.S., c. V-6, s. 3
Visiting Forces Act — V-2 4
Proclamations 4 The Governor in Council may by proclamation (a) designate any country as a designated state for the purposes of this Act; (b) declare the extent to which this Act is applicable in respect of any designated state; (c) designate civilian personnel as a civilian component of a visiting force; and (d) revoke or amend any designation or declaration made under paragraph (a), (b) or (c). R.S., c. V-6, s. 4
Visiting Forces Act — V-2 5
Primary right of civil courts to exercise jurisdiction 5 (1) Except in respect of offences mentioned in subsection 6(2), the civil courts have the primary right to exercise jurisdiction in respect of any act or omission constituting an offence against any law in force in Canada alleged to have been committed by a member of a visiting force or a dependant. Previous trial by service courts (2) Where a member of a visiting force or a dependant has been tried by a service court of that visiting force and has been convicted or acquitted, the member or dependant may not be tried again by a civil court for the same offence. R.S., 1985, c. V-2, s. 5; 2015, c. 3, s. 160(F)
Visiting Forces Act — V-2 6
Jurisdiction of service courts 6 (1) Subject to this Act, the service authorities and service courts of a visiting force may exercise within Canada in relation to members of that force and dependants all the criminal and disciplinary jurisdiction that is conferred on them by the law of the designated state to which they belong. Primary right to exercise jurisdiction (2) With respect to the alleged commission by a member of a visiting force of an offence respecting (a) the property or security of the designated state, (b) the person or property of another member of the visiting force or a dependant, or (c) an act done or anything omitted in the performance of official duty, the service courts of the visiting force have the primary right to exercise jurisdiction. Previous trial by civil courts (3) Where a member of a visiting force or a dependant has been tried by a civil court and has been convicted or acquitted, the member or dependant may not be tried again within Canada for the same offence by a service court of that visiting force, but nothing in this subsection prevents that service court from trying within Canada a member of the visiting force or a dependant for any contravention of rules of discipline arising from an act or omission that constituted an offence for which the member or dependant was tried by a civil court. R.S., 1985, c. V-2, s. 6; 2004, c. 25, s. 180(F); 2015, c. 3, s. 161(F)
Visiting Forces Act — V-2 7
Trial by court having primary right 7 (1) Where under sections 5 and 6 a civil court or a service court of a visiting force has the primary right to exercise jurisdiction, the court having such primary right has the right to deal with charges against alleged offenders in the first instance, but such right may be waived in accordance with regulations. Certificate (2) A certificate of the service authorities of a designated state stating that anything alleged to have been done or omitted by a member of a visiting force of that state was or was not done or omitted in the performance of official duty is admissible in evidence in any civil court and for the purposes of this Act is, in the absence of evidence to the contrary, proof of that fact. R.S., 1985, c. V-2, s. 7; 2015, c. 3, s. 162(F)
Visiting Forces Act — V-2 8
Witnesses 8 The members of a service court of a visiting force, exercising jurisdiction by virtue of this Act, and witnesses appearing before such a service court have the same immunities and privileges as a court martial exercising jurisdiction under the National Defence Act and witnesses appearing before a court martial. R.S., 1985, c. V-2, s. 8 2019, c. 15, s. 58
Visiting Forces Act — V-2 9
Sentences 9 (1) Where any sentence has been passed by a service court within or outside Canada on a member of the armed forces of a designated state, or a dependant, for the purposes of any legal proceedings within Canada, (a) the service court shall be deemed to have been properly constituted; (b) its proceedings shall be deemed to have been regularly conducted; (c) the sentence shall be deemed to have been within the jurisdiction of the service court and in accordance with the law of the designated state; and (d) if the sentence has been executed according to the tenor thereof, it shall be deemed to have been lawfully executed. Detention (2) For the purposes of any legal proceedings within Canada, any member of a visiting force or any dependant who is detained in custody is deemed to be in lawful custody if the member or dependant is in custody (a) pursuant to a sentence referred to in subsection (1); or (b) pending the determination by a service court of a charge brought against the member or dependant. Certificate (3) For the purposes of any legal proceedings within Canada, a certificate purporting to be signed by the officer in command of a visiting force stating that the persons specified in the certificate sat as a service court is admissible in evidence and is conclusive proof of that fact, and a certificate purporting to be signed by such an officer stating that a member of that force or a dependant is being detained in either of the circumstances described in subsection (2) is admissible in evidence and is conclusive proof of the cause of the person’s detention, but not of the person being a member of the visiting force or a dependant. R.S., 1985, c. V-2, s. 9; 2015, c. 3, s. 163
Visiting Forces Act — V-2 10
Arrest 10 For the purpose of enabling the service authorities and service courts of a visiting force to exercise more effectively the powers conferred on them by this Act, the Minister of National Defence, if so requested by the officer in command of the visiting force or by the designated state, may from time to time by general or special orders to the Canadian Forces, or any part thereof, direct the officers and non-commissioned members thereof to arrest members of the visiting force or dependants alleged to have been guilty of offences against the law of the designated state and to hand over any person so arrested to the appropriate authorities of the visiting force. R.S., 1985, c. V-2, s. 10; R.S., 1985, c. 31 (1st Supp.), s. 61; 2015, c. 3, s. 164(F)
Visiting Forces Act — V-2 11
Place of incarceration 11 (1) Where a member of a visiting force or a dependant of any such member has been sentenced by a service court to undergo a punishment involving incarceration, the incarceration may, at the request of the officer in command of the visiting force and in accordance with the regulations, be served wholly or partly in a penitentiary, civil prison, service prison or detention barrack, and the provisions of the National Defence Act respecting the carrying out of punishments of incarceration imposed on officers and non-commissioned members of the Canadian Forces apply with such modifications as the circumstances require. Idem (2) The Minister of National Defence shall, in accordance with the regulations and having regard to the nature of the place of incarceration to which the offender would have been committed under the law of the designated state, determine whether the offender’s punishment is to be served in whole or in part in a penitentiary, civil prison, service prison or detention barrack. R.S., 1985, c. V-2, s. 11; R.S., 1985, c. 31 (1st Supp.), s. 61
Visiting Forces Act — V-2 12
Police functions 12 (1) The authority of members of a visiting force to perform police functions, including the power of arrest, shall be as prescribed in the regulations, but no such regulation shall empower a member of a visiting force to perform police functions in respect of any person who is not a member of the visiting force or a dependant. Citizen arrest (2) Nothing in subsection (1) shall be construed so as to prevent a member of a visiting force from exercising the power of arrest given by subsections 494(1) and (2) of the Criminal Code . R.S., c. V-6, s. 12; 1972, c. 13, s. 75
Visiting Forces Act — V-2 13
Application of provisions of National Defence Act 13 (1) Subject to such limitations as may be prescribed in the regulations, subsections 249.22(1) to (3) and section 251.2 of the National Defence Act apply in relation to courts martial of a visiting force, except that a person required to give evidence before a court martial of a visiting force may be summoned only by a provincial court judge or justice of the peace whose authority in that respect shall be exercised in accordance with the regulations. Idem (2) Section 302 of the National Defence Act applies to any person duly summoned under subsection (1) as though the court martial before which that person is summoned to appear were a court martial within the Canadian Forces. R.S., 1985, c. V-2, s. 13; R.S., 1985, c. 27 (1st Supp.), s. 203; 1998, c. 35, s. 127
Visiting Forces Act — V-2 14
Firearms and drilling 14 Members of a visiting force acting in the course of their duties, except civilian personnel, (a) may, if authorized to do so by orders of the service authorities of the visiting force, possess and carry explosives, ammunition and firearms; and (b) are not subject to the provisions of the Criminal Code relating to unlawful drilling or the making or possessing of explosives. R.S., c. V-6, s. 14
Visiting Forces Act — V-2 15
Claims against designated states 15 For the purposes of the Crown Liability and Proceedings Act , (a) in the Province of Quebec (i) a fault committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment, (ii) property owned by or in the custody of a visiting force shall be deemed to be owned by or in the custody of the Crown, and (iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown; and (b) in any other province, (i) a tort committed by a member of a visiting force while acting within the scope of their duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of their duties or employment, (ii) property owned, occupied, possessed or controlled by a visiting force shall be deemed to be owned, occupied, possessed or controlled by the Crown, and (iii) a service motor vehicle of a visiting force shall be deemed to be owned by the Crown. R.S., 1985, c. V-2, s. 15; 1993, c. 34, s. 135; 2001, c. 4, s. 172; 2015, c. 3, s. 165(F)
Visiting Forces Act — V-2 16
No proceedings lie where pension payable 16 No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury. R.S., 1985, c. V-2, s. 16; 2004, c. 25, s. 181; 2015, c. 3, s. 165(F)
Visiting Forces Act — V-2 17
Enforcement of judgment 17 A member of a visiting force is not subject to any proceedings for the enforcement of any judgment given against him in Canada in respect of a matter that arose while the member was acting within the scope of his duties or employment. R.S., c. V-6, s. 17
Visiting Forces Act — V-2 18
Ships 18 Except as section 15 may be made applicable by order of the Governor in Council in respect of the ships of any particular designated state, that section does not apply to a claim arising out of or in connection with the navigation, operation or salvage of a ship or the loading, carriage or discharge of a cargo, unless the claim is a claim arising out of death or injury to the person. R.S., c. V-6, s. 18
Visiting Forces Act — V-2 19
Official duty 19 (1) Where a question that cannot be settled by negotiation between the parties arises under this Part as to whether (a) a member of a visiting force was acting within the scope of his duties or employment, or (b) a matter in respect of which judgment was given against a member of a visiting force arose while the member was acting within the scope of his duties or employment, the question shall be submitted to an arbitrator appointed in accordance with subsection (2), and for the purposes of this Part the decision of the arbitrator is final and conclusive. Appointing arbitrator (2) An arbitrator shall be appointed for the purposes of this section by agreement between the designated state concerned and Canada from among the nationals of Canada who hold or have held high judicial office, and if the designated state and Canada are unable, within two months, to agree on the arbitrator, either the designated state or Canada may request any person designated in an agreement with the designated state or acceptable to the designated state and Canada to appoint the arbitrator from among the nationals of Canada who have held high judicial office. R.S., c. V-6, s. 19