GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Small Business Loans Regulations, 1993 — 12
12 (1) A lender shall, at the time of making a disbursement on a loan of a prescribed class, require that the borrower sign a promissory note that sets out the principal amount of the disbursement, the rate of interest payable on the loan and the repayment terms. (2) Where the repayment terms set out in the promissory note referred to in subsection (1) provide that a loan is payable by instalments, at least one instalment shall be paid annually. (3) Where the amount of a loan of a prescribed class is advanced by more than one disbursement, the first instalment on the principal amount of the loan shall be payable no later than on a day which is one year after the day on which the initial disbursement is advanced. (4) Where a loan has a term of less than 10 years, the lender may renew it for additional terms, at an interest rate not exceeding the maximum rate calculated under section 14 as at the renewal date, to an aggregate maximum term of ten years, calculated as of the date of the first scheduled principal instalment under the loan. (5) A loan made with an interest rate calculated in accordance with paragraph 14(a) may, with the consent of the borrower, be converted to a loan with an interest rate calculated in accordance with paragraph 14(b). (6) A loan made with an interest rate calculated in accordance with paragraph 14(b) may, with the consent of the borrower, be converted to a loan with an interest rate calculated in accordance with paragraph 14(a) and the lender may impose a charge for the conversion in an amount not exceeding the greater of (a) three months interest on the outstanding principal balance of the loan, and (b) the amount by which (i) the net present value of the loan for the remainder of its term calculated at the date of prepayment and discounted at the Bank of Canada Bank Rate as of the date of the calculation, exceeds (ii) the net present value of a loan of the outstanding balance that would be made on the prepayment date for the remainder of the term of the loan and discounted at the Bank of Canada Bank Rate as of the date of the calculation. (7) Where the borrower prepays the loan other than by means of instalments of up to 10 per cent per annum of the original amount of the loan on the anniversary date of the loan and on a non-cumulative basis, the lender may charge a prepayment penalty in an amount not exceeding the greater of (a) three months interest on the outstanding principal balance of the loan, and (b) the amount by which (i) the net present value of the loan for the remainder of its term calculated at the date of prepayment and discounted at the Bank of Canada Bank Rate as of the date of the calculation, exceeds (ii) the net present value of a loan of the outstanding balance that would be made on the prepayment date for the remainder of the term of the loan and discounted at the Bank of Canada Bank Rate as of the date of the calculation. SOR/95-81, s. 7; SOR/96-59, ss. 1, 6(F); SOR/97-312, s. 1(F)
Small Business Loans Regulations, 1993 — 13
13 (1) Where there is actual or impending default in the repayment of a loan of a prescribed class, the lender and the borrower may agree to alter or revise the repayment terms of the loan. (2) Where the lender and the borrower agree to revise the repayment terms of a loan of a prescribed class by extending the time of the repayment beyond the period provided for in paragraph 3(2)(e) of the Act, it is a condition of the Minister’s liability under the Act that the approval of the Minister shall be obtained in writing prior to the extension. SOR/95-81, s. 8
Small Business Loans Regulations, 1993 — 14
14 The maximum annual rate of interest payable as set out in the first promissory note signed pursuant to subsection 12(1) shall not exceed (a) in the case of a floating rate loan made after March 31, 1995, the aggregate of three per cent and the prime lending rate that is in effect at that lender on each day of the period of the loan, beginning on the day on which that promissory note is signed; or (b) in the case of a fixed rate loan made after March 31, 1995, the aggregate of three per cent and the residential mortgage rate in effect at that lender, for the period of the loan, on the day on which that promissory note is signed. SOR/95-81, s. 9; SOR/95-155, s. 1
Small Business Loans Regulations, 1993 — 15
15 (1) Where a lender, under the terms of a loan of a prescribed class or an agreement in connection with the loan, pays an insurance premium under a policy which provides that a benefit is or may become payable to the lender, the lender may charge the amount of the premium to the borrower. (2) Where an insurance premium is expressed as a percentage of the outstanding amount of a loan of a prescribed class, it may be combined with the rate of interest, where the resultant rate of interest, as set out in the promissory note referred to in subsection 12(1), does not exceed the maximum rate prescribed in section 14. SOR/95-81, s. 10
Small Business Loans Regulations, 1993 — 16
16 (1) Subject to subsection (2) a lender shall, at the time of making a loan of a prescribed class other than a fees loan, take, as security for the repayment of the loan, a mortgage, conditional sales contract, pledge, debenture, general security agreement or other similar security on the assets of the business enterprise that will be financed by the loan. (2) Where the loan is a land or premises loan and the borrower is a tenant, the lender may take, as security for the repayment of the loan, security on any other assets of the business enterprise. (3) Where there is existing security on the assets to be secured, the security referred to in subsections (1) and (2) shall be a fixed charge of the highest available rank. (4) Where there is no existing security on the assets to be secured, the security referred to in subsections (1) or (2) shall be a first fixed charge, or a fixed charge equal in priority to other sources of financing. (5) A lender, in addition to the security referred to in subsection (1), (2) or (6), may take unsecured personal guarantees for an amount that in the aggregate does not exceed 25 per cent of the amount of a loan. (6) A lender, in addition to the security referred to in subsection (1), (2) or (5), may take corporate guarantees. (7) A lender may substitute any security taken in accordance with subsection (1), (2), (5) or (6) for any other security referred to in any of those subsections and may substitute for assets secured thereby any other assets if the value of the substituted assets is not less than the value of the assets that are released from the security. (8) In an equipment loan, any assets secured by the lender may be released by the lender if (a) the loan is not in default; (b) two years have elapsed since the final disbursement of the loan; and (c) the outstanding balance of the loan has been reduced by the extent of the original cost of the assets of the business enterprise that are to be released. (9) In a land or premises loan, any assets secured by the lender under subsection (1), (2) or (6) may be released if the assets are expropriated, provided that the proceeds of the expropriation are applied to the loan. (10) A lender may release an unsecured personal guarantee taken in accordance with subsection (5) if the loan is in good standing and the borrower has repaid to the lender at least 50 per cent of the principal amount of the loan. SOR/95-81, s. 11; SOR/96-59, s. 2
Small Business Loans Regulations, 1993 — 17
17 Subject to subsection 13(1), where a borrower is in default in respect of any payment due on a loan of a prescribed class, the balance outstanding on the loan shall be due and payable.
Small Business Loans Regulations, 1993 — 18
18 (1) Where the balance outstanding on a loan of a prescribed class is due and payable pursuant to section 17, the lender shall demand repayment of the balance owing by the borrower within such period as specified in the demand. (2) Where the repayment demanded under section (1) is not made within the period specified in the demand, the lender shall take all of the following applicable steps; (a) collect the principal and interest outstanding on the loan; (b) obtain security on any assets not secured by any security described in subsection 16(1) or (2); (c) subject to subsection (3), realize upon any security referred to in section 16; and (d) effect a compromise settlement with the borrower or with another person on the borrower’s behalf. (3) Where the borrower is a partnership or a sole proprietor, the lender may realize upon the assets, other than the assets of the business enterprise, of the partners or sole proprietor in an amount not exceeding in aggregate 25 per cent of the amount of the loan. SOR/95-81, s. 12
Small Business Loans Regulations, 1993 — 20
20 Any lender who has made a loan of a prescribed class shall provide, before June 1 of any year, a report to the Minister on the total amount of the loans of all prescribed classes unpaid on March 31 of the year.
Small Business Loans Regulations, 1993 — 21
21 Where the Minister compensates a lender for all or any part of the loss sustained by the lender as a result of a loan of a prescribed class, Her Majesty is subrogated to the rights of the lender in respect of that loan.
Small Business Loans Regulations, 1993 — 22
22 For the purposes of these Regulations, the registry established by the Minister pursuant to the Small Businesses Loans Regulations , made by Order in Council P.C. 1960-1764 of December 22, 1960, in order to provide for the recording of loans made under the Act, is hereby continued.
Small Business Loans Regulations, 1993 — 23
23 (1) The lender shall within three months following the day on which the initial disbursement of a loan of a prescribed class is advanced in accordance with the terms of the loan, request, in writing, that the Minister register the loan. (2) Where the Minister is unable to register a loan of a prescribed class because the lender has inadvertently failed to request registration within the period set out in subsection (1), or to pay the fee required by paragraph 3(4)(b) of the Act, the Minister may, if the borrower is not in default, extend the period for registration to a day not more than one year after the day on which the initial disbursement was advanced. SOR/95-81, s. 14
Small Business Loans Regulations, 1993 — 23.1
23.1 For the purposes of paragraph 3(4)(b) of the Act, the registration fee in respect of a loan, other than a fees loan, made after December 31, 1995 is two per cent of the amount of the loan and is payable at the time the loan is submitted for registration. SOR/95-155, s. 2; SOR/96-59, s. 4
Small Business Loans Regulations, 1993 — 23.2
23.2 For the purposes of paragraph 3(4)(c) of the Act, the annual administration fee in respect of a loan made after December 31, 1995 is 1.25 per cent of the yearly average of the end-of-month loan balances and is payable at the time of filing of the report referred to in section 20. SOR/96-59, s. 4
Small Business Loans Regulations, 1993 — 24
24 (1) Where a lender who has made loans of a prescribed class discontinues its lending business and sells all loans of the prescribed class outstanding on its books to another lender who is the successor lender, or amalgamates with one or more other lenders so as to form a new lender, the Minister’s liability under the Act continues in favour of that successor lender or the new lender, and on the day of the sale or the amalgamation (a) the loans made under these Regulations, and the Small Businesses Loans Regulations by the selling lender and successor lender, or by the amalgamating lenders, if previously registered by the Minister pursuant to section 23 of the Small Businesses Loans Regulations or section 23 of these Regulations are consolidated and transferred to the successor lender or the new lender; and (b) all claims for loss already paid by the Minister to the selling lender and the successor lender, or to the amalgamating lenders, under these Regulations and the Small Businesses Loans Regulations are consolidated and are losses paid to the successor lender or the new lender. (2) A lender may, at the request of the borrower, transfer to another lender a land, premises or equipment loan and its related fees loan, which when taken with all other loans transferred to or by each of the lenders do not exceed respectively in the aggregate the greater of 20 loans and one per cent of the number of loans outstanding for each lender as of the last preceding March 31. (3) A lender who acquires a loan under subsection (2) shall, within three months after the acquisition of the loan, notify the Minister of the acquisition and of the amount outstanding on the loan. (4) The liability of the Minister under the Act continues to the lender who acquires the loan. SOR/95-81, s. 15; SOR/96-59, s. 5(E)
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — *
The Royal Canadian Mounted Police Public Complaints Commission, pursuant to paragraph 45.33(b) * of the Royal Canadian Mounted Police Act , hereby makes the annexed Rules of Practice and Procedure of the Royal Canadian Mounted Police Public Complaints Commission . * R.S., c. 8 (2nd Supp.), s. 16
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — 1
1 These Rules may be cited as the Royal Canadian Mounted Police Public Complaints Commission Rules of Practice .
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — 2
2 In these Rules, Act means the Royal Canadian Mounted Police Act ; ( Loi ) Commission means the member or members assigned pursuant to subsection 45.44(1) of the Act; ( Commission ) complainant means any member of the public who makes a complaint pursuant to subsection 45.35(1) of the Act; ( plaignant ) complaint has the same meaning as in subsection 45.35(1) of the Act; ( plainte ) hearing means a hearing to inquire into a complaint instituted pursuant to paragraph 45.42(3)(c) or subsection 45.43(1) of the Act; ( audience ) hearing process officer means any person who is appointed in accordance with subsection 45.31(2) of the Act and who is authorized to act on behalf of the Registrar at a hearing; ( agent d’audience ) interested person means a person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission; ( personne intéressée ) party has the same meaning as in subsection 45.45(15) of the Act; ( partie ) record means the whole or any part of any book, document, transcript, paper, card, tape or other thing, in or on which information is written, recorded, stored or reproduced; ( pièce ) Registrar means any person who is appointed in accordance with subsection 45.31(2) of the Act and who is designated as Registrar by the Commission Chairman. ( greffier )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
Act means the Royal Canadian Mounted Police Act ; ( Loi )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
Commission means the member or members assigned pursuant to subsection 45.44(1) of the Act; ( Commission )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
complainant means any member of the public who makes a complaint pursuant to subsection 45.35(1) of the Act; ( plaignant )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
complaint has the same meaning as in subsection 45.35(1) of the Act; ( plainte )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
hearing means a hearing to inquire into a complaint instituted pursuant to paragraph 45.42(3)(c) or subsection 45.43(1) of the Act; ( audience )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
hearing process officer means any person who is appointed in accordance with subsection 45.31(2) of the Act and who is authorized to act on behalf of the Registrar at a hearing; ( agent d’audience )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
interested person means a person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission; ( personne intéressée )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
party has the same meaning as in subsection 45.45(15) of the Act; ( partie )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
record means the whole or any part of any book, document, transcript, paper, card, tape or other thing, in or on which information is written, recorded, stored or reproduced; ( pièce )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — Royal Canadian Mounted Police Public Complaints Commission Rules of Practice
Registrar means any person who is appointed in accordance with subsection 45.31(2) of the Act and who is designated as Registrar by the Commission Chairman. ( greffier )
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — 3
3 These Rules apply in respect of any proceedings with respect to a hearing conducted by the Commission in accordance with section 45.45 of the Act.
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — 4
4 (1) The Commission may dispense with any of these Rules where the circumstances and considerations of fairness require such dispensation so that the hearing may be conducted informally and expeditiously. (2) The Commission, on its own initiative or on a motion that requests an extension or abridgement of a period in which an act is to be done, may extend or abridge the period where the circumstances and considerations of fairness require the Commission to do so. (3) Where the Commission dispenses with the Rules in accordance with subsection (1) or extends or abridges a period in accordance with subsection (2), the Commission shall inform the parties and interested persons forthwith.
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — 5
5 (1) Where a record is to be filed with the Commission in accordance with these Rules or a direction of the Commission, the record may be filed with the Commission if the Commission is in session or with the Registrar by hand delivery, registered mail, courier, telex, facsimile or other means of communication where the necessary facilities for filing in such manner exist. (2) Subject to subsection (3), the day on which a record is filed is the day on which the record is received by the Commission or any person authorized by the Commission to receive records. (3) A record that is received by the Commission after five o’clock in the afternoon of a business day shall be deemed to be filed with the Commission on the next business day, unless the record is filed while the Commission is in session. (4) Any confidential record filed with the Commission shall be marked “Confidential/ Confidentiel ” and kept separate from the public record.
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — 6
6 (1) A document, other than a document referred to in section 47.2 of the Act, may be served (a) by hand delivery, mail, courier, telex, facsimile or other means of communication if there are facilities for accepting service in such manner; and (b) where service cannot be made in accordance with paragraph (a), by a notice that (i) sets out the contents of the document to be served and states that the original document is filed with the Commission, and (ii) is published twice within a period of seven days in a daily newspaper circulated in the place of the latest known residence of the person being served. (2) A document may be served (a) on the Commission by leaving a copy of the document with a person who is authorized to accept service on behalf of the Commission; (b) on a person who is not a child by leaving a copy of the document with the person, with the duly authorized counsel acting for the person or with another person who appears to be at least 16 years of age and who (i) resides or is employed at the residence of the person being served, or (ii) is employed at the principal office of the person being served as set out in any document filed during the proceedings; and (c) on a person who is a child, by leaving a copy of the document with (i) the child, if the child is at least 14 years of age, and (ii) the father, the mother or the guardian of the child. (3) Service of any document is effected when the document is received by the Commission or a person referred to in subsection (2), or on the day following the day on which the last notice was published in a daily newspaper, in the case of service referred to in paragraph (1)(b). (4) Where a document is served on a person who may reply to the document within a certain period, the period commences at the time at which service of the document is effected in accordance with subsection (3). (5) Service of a notice of a hearing referred to in subsection 45.45(2) of the Act shall be effected at least 10 days before the day fixed for the hearing. (6) Any document to be served on a person shall set out the name or official title of the person. (7) Proof of service of a document served in accordance with this section shall be made by the person who served the document by filing, forthwith, a declaration under oath or a solemn affirmation with the Commission. SOR/96-447, s. 1
Royal Canadian Mounted Police Public Complaints Commission Rules of Practice — 7
7 (1) A party or interested person may, in writing, request that any other party or interested person produce, forthwith, any of the following: (a) any pertinent record that is in the person’s possession or control; and (b) a full and adequate reply to the request, where the request is for information. (2) A request referred to in subsection (1) shall (a) be addressed to a party or interested person; (b) be delivered or, where the Commission requires that the request be served, served within the period established by the Commission; and (c) be filed in accordance with subsection 5(1) and delivered to the other parties or interested persons. (3) In the case of a request for information, each item of information that is requested shall be numbered consecutively.