GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Ownership and Control Determination Regulations, 1984 — 38
38 A life insurance company incorporated in Canada shall be considered to have a Canadian ownership rate of 100% if, at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, (a) it is a mutual company not less than 95% of the outstanding life insurance policies of which constitute life policies in Canada, or (b) it is a stock company not less than 95% of the outstanding life insurance policies of which constitute life policies in Canada and the Canadian ownership rate of which, determined under Part III, is not less than 90% and if not less than 95% of its gross actuarial reserves for life policies in Canada are maintained in respect of policyholders in Canada.
Canadian Ownership and Control Determination Regulations, 1984 — 39
39 A life insurance company incorporated in Canada, other than one referred to in section 38, shall be considered to have a Canadian ownership rate of 100% if (a) at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province not less than 95% of its gross actuarial reserves for life policies in Canada are maintained in respect of policyholders in Canada; (b) it has provided the Minister with an executed undertaking in a form acceptable to the Minister to allocate all of the benefits accruing to it from Canadian oil and gas investments to the owners of life policies in Canada that are participating policies, and to allocate the benefits arising from other investments to the owners of life policies in Canada in a manner consistent with the allocation of such benefits in previous years; and (c) where it is a stock company, it has a Canadian ownership rate, determined under Part III, of not less than 50%.
Canadian Ownership and Control Determination Regulations, 1984 — 40
40 Where a life insurance company incorporated outside Canada that is a mutual company is an investor, it shall be considered to have a Canadian ownership rate of 100% if (a) at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, (i) not less than 95% of its gross actuarial reserves for life policies in Canada are maintained in respect of policyholders in Canada, and (ii) not less than 90% of its gross actuarial reserves for life policies in Canada are maintained in respect of participating policyholders in Canada; (b) it has provided the Minister with an executed undertaking in a form acceptable to the Minister to allocate all of the benefits accruing to it from Canadian oil and gas investments to the owners of life policies in Canada that are participating policies, and to allocate the benefits arising from other investments to the owners of life policies in Canada in a manner consistent with the allocation of such benefits in previous years; and (c) the Minister is satisfied that the life insurance company maintains in Canada sufficient records to permit the Minister to monitor and audit compliance with the undertaking referred to in paragraph (b).
Canadian Ownership and Control Determination Regulations, 1984 — 41
41 The Canadian ownership rate of a life insurance company that is a mutual company other than a mutual company referred to in section 38, 39 or 40 shall be considered to be equal to the proportion, expressed as a percentage rounded to the nearest whole number, that, as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, its gross actuarial reserves maintained in respect of life insurance policies for policyholders in Canada represent of its gross actuarial reserves maintained in respect of all life insurance policies.
Canadian Ownership and Control Determination Regulations, 1984 — 42
42 (1) A life insurance company incorporated in Canada that is a stock company may elect to calculate its Canadian ownership rate in accordance with Part III or as the proportion 1 - [(xp + n) / t] expressed as a percentage rounded to the nearest whole number, where a) x is 100%, or if the maximum amount of profits earned in respect of life policies in Canada that are participating policies that may be allocated at the discretion of the directors of the company to shareholders is fixed by the company’s constating documents or governing statute, that maximum amount expressed as a percentage of the total profits earned by the insurance company in respect of its gross actuarial reserves for life policies in Canada that are participating policies; b) p is the gross actuarial reserves for life policies in Canada that are participating policies; c) n is the gross actuarial reserves for life policies in Canada that are non-participating policies; and d) t is the gross actuarial reserves for life policies in Canada. (2) For the purposes of subsection (1), p, n and t shall be determined as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province.
Canadian Ownership and Control Determination Regulations, 1984 — 43
43 (1) The Canadian ownership rate of a life insurance company that is a stock company incorporated outside Canada shall be considered to be the lesser of the Canadian ownership rate determined in accordance with Part III and the proportion 1 - [(xp + n) / t] expressed as a percentage rounded to the nearest whole number, where a) x is 100%, or if the maximum amount of profits earned in respect of life policies in Canada that are participating policies that may be allocated at the discretion of the directors of the company to shareholders is fixed by the company’s constating documents or governing statute, that maximum amount expressed as a percentage of the total profits earned by the insurance company in respect of its gross actuarial reserves for life policies in Canada that are participating policies; b) p is the gross actuarial reserves for life policies in Canada that are participating policies; c) n is the gross actuarial reserves for life policies in Canada that are non-participating policies; and d) t is the gross actuarial reserves for life policies in Canada. (2) For the purposes of subsection (1), p, n and t shall be determined as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province.
Canadian Ownership and Control Determination Regulations, 1984 — 44
44 Where a life insurance company can demonstrate to the satisfaction of the Minister that the determination of its Canadian ownership rate in accordance with this Part does not accurately reflect the beneficial interest in the company of its shareholders and policyholders in Canada, the Minister may adjust the Canadian ownership rate of the life insurance company to reflect the proportion of profits earned during the effective period of the relevant certificate that will be allocated to policyholders in Canada.
Canadian Ownership and Control Determination Regulations, 1984 — 45
45 The Canadian ownership rate of a property and casualty company that is a mutual company incorporated in Canada shall be considered to be the proportion, expressed as a percentage, that, as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, its gross actuarial reserves maintained in respect of property and casualty insurance policies for policyholders in Canada represent of its gross actuarial reserves maintained in respect of all property and casualty insurance policies.
Canadian Ownership and Control Determination Regulations, 1984 — 46
46 The Canadian ownership rate of a property and casualty insurance company that is a stock company incorporated in Canada shall be determined in accordance with Part III.
Canadian Ownership and Control Determination Regulations, 1984 — 47
47 In this Part, beneficiary includes a person in whose favour or for whose benefit a discretionary power may be exercised; ( bénéficiaire ) designated rate of interest means 12.3% per annum; ( taux d’intérêt désigné ) discretionary interest means any estate or interest in or possibility of receiving income or capital of a trust that is dependent on, or the value of which may be increased or reduced by the exercise of or the failure to exercise, a discretionary power held by the trustee or trustees or by any other person or persons and, for greater certainty and without limiting the generality of the foregoing, a power to amend the terms of a trust or a power to determine the date at which all or any interests shall vest or at which all or any property shall be distributed is a discretionary power; ( droit discrétionnaire ) interest in expectancy means an estate or interest in remainder or reversion and any other future interest, whether vested or contingent, but does not include a discretionary interest; ( droit en expectative ) interest in possession means an estate or interest other than an interest in expectancy but does not include a discretionary interest. ( droit en possession )
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
beneficiary includes a person in whose favour or for whose benefit a discretionary power may be exercised; ( bénéficiaire )
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
designated rate of interest means 12.3% per annum; ( taux d’intérêt désigné )
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
discretionary interest means any estate or interest in or possibility of receiving income or capital of a trust that is dependent on, or the value of which may be increased or reduced by the exercise of or the failure to exercise, a discretionary power held by the trustee or trustees or by any other person or persons and, for greater certainty and without limiting the generality of the foregoing, a power to amend the terms of a trust or a power to determine the date at which all or any interests shall vest or at which all or any property shall be distributed is a discretionary power; ( droit discrétionnaire )
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
interest in expectancy means an estate or interest in remainder or reversion and any other future interest, whether vested or contingent, but does not include a discretionary interest; ( droit en expectative )
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
interest in possession means an estate or interest other than an interest in expectancy but does not include a discretionary interest. ( droit en possession )
Canadian Ownership and Control Determination Regulations, 1984 — 48
te of interest with annual rests, and (ii) where the income right, annuity, term of years, life interest or other similar estate or the interest in expectancy depends on a life contingency, on the basis of compound interest at the designated rate of interest with annual rests and the standard of mortality set out in Table I of Schedule II; g) Tables II, III and IV of Schedule II shall be used as far as they may be applicable for the purpose of determining the value of any income right, annuity, term of years, life interest or other similar estate or interest in expectancy; h) for the purposes of paragraphs (f) and (g), the annual income from any property shall be deemed to be the product of the designated rate of interest and the value of the property; i) for the purposes of paragraph (b), where the value of any interest in a trust depends on the happening of a contingency other than a life contingency, the value of the interest shall be determined on the basis that the contingency will not occur, except that, if the Minister is satisfied that the contingency is substantially within the control of a person who is not dealing at arm’s length with a beneficiary of the trust, the value of the interest shall, if the Minister so directs, be determined as if the contingency had already occurred; j) for the purposes of paragraph (b), where the value of any interest in the trust depends on the happening of a contingency that the Minister is satisfied cannot reasonably be expected to occur, the value of the interest shall be determined on the basis that the contingency will not occur; k) for the purposes of paragraph (b), where the value of a particular interest in a trust depends on the death of a beneficiary before attaining such age, not exceeding 40 years, as is specified in the trust instrument, and the particular interest of the beneficiary is an interest in possession, the value of that particular interest and the value of any other interest determined with reference to the value of that particular interest shall be determined as if that beneficiary will attain the age specified in the trust instrument; and l) where each of the beneficiaries in whose favour a discretionary power may be exercised has a Canadian ownership rate of 100%, the Canadian ownership rate of the trust may, if the trust so elects, be determined without regard to the existence of that discretionary power. SOR/85-847, s. 16
Canadian Ownership and Control Determination Regulations, 1984 — 49
49 (1) If the beneficial Canadian ownership of a class of formal equity of an applicant or of an investor that controls the applicant in any manner that results in control in fact, whether directly through the ownership of units or indirectly through a trust, contract, the ownership of units of any other entity, or otherwise, or that is a member of a group that so controls the applicant cannot be determined for the purpose of paragraph 48(b) without reference to the designated rate of interest, the beneficial Canadian ownership of that class shall be the lowest Canadian ownership rate of any of the beneficiaries whose interests constitute that class determined as if the words “rounded to the nearest whole number” in section 16 read “rounded to the nearest 10th of a percentage point”. (2) Subsection (1) does not apply to a trust that is an investor that would not have a direct or an indirect equity percentage in the applicant if all publicly traded classes of formal equity were disregarded in the measurement of direct or indirect equity percentage.
Canadian Ownership and Control Determination Regulations, 1984 — 50
50 Where a trust certifies that each of the beneficiaries that has an interest in a trust is a person that has a Canadian ownership rate of 100%, the trust shall be considered to have a Canadian ownership rate of 100%.
Canadian Ownership and Control Determination Regulations, 1984 — 51
51 (1) Where a trust created before March 10, 1982 is an applicant or an investor and under the trust a discretionary power with respect to all or any part of the income or capital of the trust cannot be exercised in favour of any person other than (a) one or more of the beneficiaries who have interests in that income or capital or in that part of the income or capital as the case may be, independently of the existence of the discretionary power, (b) any individual related to any one or more of the beneficiaries referred to in paragraph (a), or (c) a person obliged to make use of its interest in income or capital exclusively for charitable purposes, the trust may elect, in determining its Canadian ownership rate, that the existence of the discretionary power shall be disregarded in determining the Canadian ownership rate. (2) Notwithstanding any other provision of these Regulations, where a trust created before March 10, 1982 is an applicant or investor and the Minister is satisfied that, in the circumstances and when considering the terms and conditions of the trust, the main purpose of the trust is to provide for the benefit of any one or more individuals related to any individual from whose contributions of property to the trust made prior to March 10, 1982 more than 25% of the value of the capital of the trust shall be determined as if all interests of the beneficiaries in the trust constituted one class of formal equity of the trust consisting of 100 units and as if all the units of that class of formal equity were owned by the beneficiaries, other than any beneficiary excluded by the Minister for the purposes of this subsection equally or in such unequal shares as the Minister considers appropriate having regard to previous distributions, if any, made under the trust. (3) For the purposes of this section, where the terms of a trust have been amended or varied after March 9, 1982, regardless of whether such amendment or variation has been effected by virtue of a court order, an exercise of a power of amendment or variation conferred or reserved in the terms of the trust, an agreement of the beneficiaries or otherwise, the trust shall be deemed to have been created after March 9, 1982. (4) Subsection (3) does not apply to a trust that was created before March 10, 1982 and that was amended or varied after March 9, 1982 or was resettled after March 9, 1982 where the sole effect of such amendment, variation or resettlement was to require, either expressly or otherwise, that any beneficiary or member of a class of beneficiaries have a Canadian ownership rate of 100%. (5) For the purpose of this section, (a) individuals are related to each other if each individual or the spouse of that individual is a lineal descendant, by birth or adoption, of a parent of an individual who is alive before a trust is created; and (b) an individual is related to himself if that individual is a beneficiary of and a contributor of property to a trust.
Canadian Ownership and Control Determination Regulations, 1984 — 1
1 Any member of the Investment Dealers’ Association of Canada.
Canadian Ownership and Control Determination Regulations, 1984 — 2
2 Any chartered bank or trust company registered in Canada.
Canadian Ownership and Control Determination Regulations, 1984 — 3
3 Any member of a Canadian stock exchange.
Canadian Ownership and Control Determination Regulations, 1984 — 4
4 Any member of the Broker Dealers’ Association of Ontario.
Canadian Ownership and Control Determination Regulations, 1984 — 5
5 The Vancouver Stock Exchange Service Corp.
Canadian Ownership and Control Determination Regulations, 1984 — 6
6 The Canadian Depository for Securities Limited.
Canadian Ownership and Control Determination Regulations, 1984 — 7
7 Any life insurance company within the meaning of “life insurance company” as defined in section 36.
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
I hereby consent and undertake to submit to an audit of examination of any of my documents, records and books of account that relate to Canadian ownership rate of the entity named in Part A of this Form and to give all reasonable assistance for that purpose to any person authorized by the Minister for that purpose.
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
certify that I am duly authorized to consent to audit for the Investor and on its behalf.
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
The Investor hereby consents and undertakes to submit to an audit or examination of any of its documents, records and books of account that relate to the Canadian ownership rate of the entity named in Part A of this Form and to give all reasonable assistance for that purpose to any person authorized by the Minister for that purpose.
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
The Nominee consents and undertakes on behalf of
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
(Client Identification No.) , (Client Identification No.)
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
(Client Identification No.) , and (Client Identification No.)
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
(the “Auditable Investors”) and on its own behalf to submit to an audit or examination of such of the documents, records and books of account of each of the Auditable Investors and such of the documents, records and books of account of the Nominee as relate to the Canadian ownership rate of the Nominee as relate to the Canadian ownership rate of the entity referred to in Part A of this Form and to give all reasonable assistance for that purpose to any person authorized by the Minister for that purpose. The Nominee also hereby certifies that it is duly authorized by each of the Auditable Investors to deliver this consent on behalf of each of the Auditable Investors.
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
Date Name of Nominee Authorized Signature Name and Office (print)
Canadian Ownership and Control Determination Regulations, 1984 — Canadian Ownership and Control Determination Regulations, 1984
The undernamed entity hereby certifies that:
Canadian Ownership and Control Determination Regulations, 1984 — 1
1 The individual(s) signing on behalf of the entity is/are duly authorized to execute the relevant Certificate and Consent to Control Status Audit (found in part C.1, C.2, or C.3) for the entity and on its behalf;
Canadian Ownership and Control Determination Regulations, 1984 — 2
2 The entity has no knowledge or reason to believe that any information contained in this Annex is incorrect; and
Canadian Ownership and Control Determination Regulations, 1984 — 3
3 The entity hereby consents and undertakes to submit to an audit or examination of any of its documents, records and books of account that relate to the control status of the entity referred to in Part A of this Annex and to give all reasonable assistance for that purpose to any person authorized by the Minister of Energy, Mines and Resources.
Uranium Mines (Ontario) Occupational Health and Safety Regulations — (a)
Whereas Part IV of the Canada Labour Code applies, subject to any other Act of the Parliament of Canada and any regulations thereunder, (a) to and in respect of employment upon or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in the Yukon Territory or Northwest Territories; and (b) to and in respect of employment by a corporation established to perform any function or duty on behalf of the Government of Canada other than a corporation that is a department under the Financial Administration Act ;
Uranium Mines (Ontario) Occupational Health and Safety Regulations — (a)
(a) to and in respect of employment upon or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in the Yukon Territory or Northwest Territories; and
Uranium Mines (Ontario) Occupational Health and Safety Regulations — (b)
(b) to and in respect of employment by a corporation established to perform any function or duty on behalf of the Government of Canada other than a corporation that is a department under the Financial Administration Act ;
Uranium Mines (Ontario) Occupational Health and Safety Regulations — Uranium Mines (Ontario) Occupational Health and Safety Regulations
Whereas the provisions of Part IV of the Canada Labour Code and the regulations thereunder, in their application to uranium mines in the Province of Ontario, are not uniform with the provisions of the laws of the Province of Ontario that govern occupational health and safety in other mines in that province;