GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regional Development Incentives Regulations, 1974 — 19
19 (1) If, in the opinion of the Minister, an applicant makes a significant change in the plans specified in his application without having obtained prior written approval of the Minister, the Minister may re-evaluate the application and amend or withdraw any development incentive previously authorized. (2) For the purpose of subsection (1), a change in ownership, management, financing, location, plant size or timing may be deemed by the Minister to constitute a significant change in the plans specified in an application.
Regional Development Incentives Regulations, 1974 — 20
20 In the case of an application for a development incentive to purchase the assets of an existing facility, the Minister shall, for the purposes of the Act, deem that a new facility will be established as a result of the purchase, if he is satisfied that (a) at the time of his receipt of the application, commercial production in the facility had ceased, or was about to cease; (b) the cessation of commercial production in the facility is or was dictated by circumstances clearly beyond the control of the vendor of the facility; (c) the purchase of the assets is a bona fide arm’s length transaction and has not been contrived for the purpose of demonstrating eligibility for a development incentive; and (d) the purchase price of the facility is calculated only in relation to the fair value of the tangible assets comprising the facility.
Regional Development Incentives Regulations, 1974 — 21
21 (1) It is a condition of a development incentive in respect of a facility that if, (a) during the 24 months immediately following the day on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based only on the approved capital costs, or (b) during the 36 months immediately following the day on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based in part on the number of jobs created in the operation, the facility or part of the facility is destroyed or damaged, the applicant shall repay to Her Majesty such part of the development incentive as is determined by the Minister to be (c) the amount of the development incentive paid on account of the approved capital costs of the eligible assets destroyed or damaged, or (d) an amount equivalent to any proceeds of insurance received by the applicant or his assignees that relate to the eligible assets destroyed or damaged, whichever is the lesser amount. (2) Notwithstanding subsection (1), if the Minister is satisfied that the eligible assets destroyed or damaged have been replaced or repaired or that they will be replaced or repaired without undue delay, he may permit the applicant to retain the amount otherwise repayable. (3) Where, subsequent to the making of any repayment pursuant to subsection (1), the applicant replaces or repairs within a reasonable time, as determined by the Minister, all or part of the eligible assets destroyed or damaged, the Minister shall direct that the amount repaid, or the appropriate proportion thereof, be returned to the applicant. (4) Where destroyed or damaged assets are replaced or repaired within a time deemed reasonable by the Minister, the new or repaired assets shall be deemed to be the same as those assets originally approved, taking into account such changes in approved capital costs as the Minister deems appropriate.
Regional Development Incentives Regulations, 1974 — 22
22 (1) Unless otherwise specified in the authorization by the Minister, it is a condition of a development incentive in respect of a new facility that the applicant for the development incentive shall, for a period of at least 36 months after the day the facility is brought into commercial production, continue to carry on, at substantially the same rate as at the time of his application in respect of the new facility, every other operation utilizing a facility in Canada, in which a product is manufactured or processed that is the same as or similar to a product manufactured or processed in the operation of which the new facility constitutes the necessary components. (2) Where a firm subject to control in common with the applicant manufactures or processes products that are the same as or similar to those products contemplated in the operation of which the new facility constitutes the necessary components, and such firm fails to continue to carry on such manufacturing or processing operations in accordance with subsection (1), the applicant shall be deemed not to have complied with that subsection. (3) To the extent that the conditions referred to in subsections (1) and (2) apply to an applicant and such applicant fails to comply with those conditions, he may be deemed to be ineligible to be paid all or part of the development incentive and may be required to repay to Her Majesty such amount paid on account thereof as is determined by the Minister.
Regional Development Incentives Regulations, 1974 — 23
23 Subject to section 26, it is a condition of a development incentive in respect of a facility that if, (a) during the 24 months immediately following the date on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based only on the approved capital costs, or (b) during the 36 months immediately following the date on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based in part on the number of jobs created in the operation, eligible assets included in the approved capital costs on which the amount of development incentive is based cease to be used in the facility, the applicant ceases to be eligible to receive any further payment on account of the assets that have ceased to be so used, and shall repay to Her Majesty such amount of the development incentive as may be determined by the Minister to be the same proportion of the development incentive as the approved capital costs of the eligible assets that have ceased to be so used are of the total approved capital costs.
Regional Development Incentives Regulations, 1974 — 24
24 (1) Subject to section 26, it is a condition of any development incentive that is based in part on the number of jobs created in the operation that if, during the second and third years immediately following the date on which the facility is brought into commercial production, the number of jobs created directly in the operation is less than the estimated number of jobs on which payment on account of the development incentive is based, the applicant shall repay to Her Majesty the amount paid on account of the development incentive that was related to the number of jobs that were not so created. (2) Subject to section 26 and notwithstanding the provisions of subsection (1), if all eligible assets comprised in the approved capital costs on which the development incentive is based cease to be used in the operation, no direct jobs shall be deemed to have been created for the purposes of section 7.
Regional Development Incentives Regulations, 1974 — 25
25 (1) Subject to subsection (2), it is a condition of a development incentive in respect of a facility that if, (a) during the 24 months immediately following the date on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based only on the approved capital costs, or (b) during the 36 months immediately following the date on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based in part on the number of jobs created in the operation, the facility is sold or otherwise disposed of, (c) neither the applicant nor the successor to the applicant is eligible to receive any further payment on account of the development incentive, (d) the applicant shall repay to Her Majesty such amount of the development incentive as may be determined by the Minister to be the same proportion of the development incentive as the approved capital costs of the eligible assets that have ceased to be used in the facility are of the total approved capital costs unless during the period referred to in paragraph (a) or (b), whichever is applicable, the operation has been carried on in the same manner as planned at the time of the application, and (e) in the case of a development incentive that is based in part on the number of jobs created directly in the operation, if the number of jobs is less than the estimated number of jobs on which payment on account of the development incentive is based, the applicant shall repay to Her Majesty the amount paid on account of the development incentive that was related to the number of jobs that were not so created. (2) Where a facility is sold or otherwise disposed of in the circumstances described in paragraph (1)(a) or (b) and the Minister is satisfied that (a) the operation will continue to be carried on in substantially the same manner as planned at the time of the application, (b) the applicant and his successor will, at or about the time control over the facility is assumed by the successor, assume joint and several liability to repay any amounts received by the applicant on account of the development incentive in the event of cessation of use of the assets in the operation during the period referred to in paragraph (1)(a) or (b), whichever is applicable, and (c) the successor will carry out all other terms and conditions relating to the development incentive, the Minister may waive conditionally the requirements of subsection (1), and may direct that such balance of the development incentive as would be payable to the applicant pursuant to section 29 be paid to the successor. SOR/83-21, ss. 2, 3
Regional Development Incentives Regulations, 1974 — 26
26 If the Minister determines that, due to circumstances beyond the control of the applicant that could not have been anticipated at the time of the authorization, (a) the applicant has been prevented from carrying out his plans as identified in the offer of the development incentive, or (b) the results identified in the offer of the development incentive have not been achieved, the Minister may (c) waive, in whole or in part, the provisions of sections 23 and 24, and (d) if a substantial proportion, being not less than 50 per cent by value, of the eligible assets is in use in the operation and the Minister is satisfied that such proportion will continue to be so used, direct that, in calculating interim and final payments, (i) the approved capital costs of eligible assets not in use shall be included in the calculation of the part of the payment relating to approved capital costs, and (ii) abnormal or temporary circumstances shall be taken into account in calculating the portion of the payment relating to the number of jobs created directly in the operation, but the total of all payments on account of the development incentive shall not exceed the amount estimated at the time the development incentive was authorized.
Regional Development Incentives Regulations, 1974 — 27
27 The applicant shall (a) forthwith notify the Minister of (i) the cessation of use of any eligible assets under the circumstances described in paragraph 23(a) or (b), (ii) the sale or other disposition of the facility under the circumstances described in paragraph 25(1)(a) or (b), (iii) the destruction or damage of the facility or part of the facility under the circumstances described in subsection 21(1), or (iv) the failure to comply with the condition set out in subsection 22(1); and (b) unless otherwise directed by the Minister, repay all amounts required to be repaid by him, pursuant to sections 21 to 25, not later than four months after the date on which the eligible assets ceased to be used.
Regional Development Incentives Regulations, 1974 — 28
28 The Minister may determine that a new, expanded or modernized facility has been brought into commercial production when he is satisfied that (a) the facility has been utilized in the continuous production of marketable goods in commercial quantities for a period of not less than 30 days; and (b) more than 50 per cent by value of the eligible assets, as forecast for purposes of the authorization of the development incentive, are being and will continue to be used in the manufacturing or processing of those goods.
Regional Development Incentives Regulations, 1974 — 29
29 (1) The amount that the Minister shall, pursuant to section 10 of the Act, pay on account of a development incentive at the time he is satisfied that the facility has been brought into commercial production shall not exceed an amount equal to 80 per cent of the authorized development incentive as calculated at that time without taking into account (a) the approved capital costs of any eligible assets not at that time in use in the operation; or (b) jobs forecast for purposes of the authorization that, in the opinion of the Minister at that time, will not be created in the operation. (2) Subject to subsection (3), the Minister may, (a) during the 30 months following the date on which a facility is brought into commercial production, in the case of a facility in respect of which a development incentive is based only on the approved capital costs, or (b) during the 42 months following the date on which the facility is brought into commercial production, in the case of a facility in respect of which a development incentive is based in part on the number of jobs created in the operation, make an interim payment on account of the development incentive if such payment is greater than 25 per cent of the amount of the initial payment made pursuant to subsection (1). (3) The total of all payments made on account of a development incentive in respect of a facility prior to the expiration of (a) 24 months from the date on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based only on the approved capital costs, or (b) 36 months from the date on which the facility is brought into commercial production, in the case of a facility in respect of which the development incentive is based in part on the number of jobs created in the operation, shall not exceed 80 per cent of the estimated development incentive as calculated by the Minister at the time of the initial or interim payments. (4) The final payment on account of a development incentive shall take into account the approved capital cost and jobs created as determined by the Minister at the expiration of the period referred to in paragraph (3)(a) or (b), whichever is applicable.
Regional Development Incentives Regulations, 1974 — 30
30 The Minister shall not authorize a special development incentive with respect to a facility located in any region designated as a designated region in the Regional Development Incentives Designated Region Order, 1974 that is within the Province of Quebec, Ontario, Manitoba, Saskatchewan, Alberta or British Columbia.
Regional Development Incentives Regulations, 1974 — 31
31 A loan guarantee may be authorized by the Minister in respect of the establishment of a commercial facility in the areas comprised by the regions designated as designated regions for the purposes of the Act by the Regional Development Incentives Designated Region Order, 1974 that provides commercial services of one or more of the following classes: (a) business offices; (b) warehousing and freight-handling facilities; (c) shopping centres; (d) convention facilities; (e) hotel accommodation; (f) recreational facilities; and (g) research facilities.
Regional Development Incentives Regulations, 1974 — 32
32 A loan guarantee shall not be authorized in respect of a commercial facility unless the total capital costs of the commercial facility will, in the opinion of the Minister, be at least $100,000.
Regional Development Incentives Regulations, 1974 — 33
33 (1) The maximum proportion of any loan the repayment of which and the payment of the interest on which may be guaranteed shall be 90 per cent and Her Majesty’s liability under any loan guarantee shall not exceed 90 per cent of the original principal amount of the loan. (2) The Minister shall not authorize a loan guarantee unless he is satisfied that the terms and conditions of the loan are in accordance with reasonable commercial practice with respect to (a) the security provided for the loan; and (b) the circumstances in which the borrower is deemed to be in default.
Regional Development Incentives Regulations, 1974 — 34
34 (1) It is a condition of any loan guarantee that the lender shall, semi-annually or at such shorter intervals as may be specified in the loan guarantee agreement, provide the Minister with a report showing (a) the amount and date of any advances made under the loan; (b) the amount and date of any payment received on account of principal or interest on the loan; (c) any amount due on the last day of each month of the period covered by the report; and (d) the amount and type of insurance carried on the facility or commercial facility. (2) It is a condition of any loan guarantee that the lender pay to the Receiver General, at the time he provides the Minister with a report pursuant to subsection (1), a guarantee fee of one per cent per annum calculated on the outstanding portion of the loan guaranteed by Her Majesty in right of Canada as of the last day of each month of the period covered by the report.
Regional Development Incentives Regulations, 1974 — 35
35 A loan guarantee agreement shall contain conditions respecting (a) the notification to be given to the Minister where the borrower is in default; (b) the terms and conditions under which the loan guarantee may be invoked; (c) the manner in which any assets of the borrower may be taken or seized by the lender; (d) the disposition or management of assets taken or seized by the lender; (e) the payments to the Receiver General to be made by the lender out of the disposition or management of assets taken or seized by the lender; and (f) such other terms and conditions as the Minister considers appropriate.
Returned Soldiers’ Insurance Regulations — 1
1 These Regulations may be cited as the Returned Soldiers’ Insurance Regulations .
Returned Soldiers’ Insurance Regulations — 2
2 (1) In these Regulations, Act means the Returned Soldiers’ Insurance Act ; ( Loi ) policy means a valid contract of insurance entered into under the Act; ( police ) reserve means the net premium value of the policy computed on the basis of the British Offices Life Tables, 1893, Om (5), with interest at four per cent per annum; ( réserve ) Superintendent means the Superintendent of Veterans’ Insurance. ( surintendant ) (2) Any other word or phrase that is defined in the Act and used in these Regulations shall, for the purposes of these Regulations, have the same meaning as that given to it in the Act. (3) Where under any term or condition of a policy issued under the Act any power or authority is to be exercised or anything is to be done by the Board of Pension Commissioners for Canada or Board , such power or authority shall be exercised or such thing shall be done by the Superintendent.
Returned Soldiers’ Insurance Regulations — Returned Soldiers’ Insurance Regulations
Act means the Returned Soldiers’ Insurance Act ; ( Loi )
Returned Soldiers’ Insurance Regulations — Returned Soldiers’ Insurance Regulations
policy means a valid contract of insurance entered into under the Act; ( police )
Returned Soldiers’ Insurance Regulations — Returned Soldiers’ Insurance Regulations
reserve means the net premium value of the policy computed on the basis of the British Offices Life Tables, 1893, Om (5), with interest at four per cent per annum; ( réserve )
Returned Soldiers’ Insurance Regulations — Returned Soldiers’ Insurance Regulations
Superintendent means the Superintendent of Veterans’ Insurance. ( surintendant )
Returned Soldiers’ Insurance Regulations — 3
3 All moneys due under any policy are payable in the City of Ottawa, in the Province of Ontario.
Returned Soldiers’ Insurance Regulations — 4
4 (1) Premiums under any policy are due and payable monthly and the due date of all monthly premiums is the first day of the month. (2) Premiums may be paid quarterly, semi-annually or annually in advance and where so paid are respectively three, six and 12 times the monthly premium. (3) Where the insured dies during any period for which a premium has been paid, there shall be refunded in the settlement of the policy the portion of the premium paid for the unexpired portion of that period calculated from the end of the calendar month in which the insured dies. (4) Where during any period for which a premium has been paid the policy is surrendered, there shall be refunded in the settlement of the policy the cash surrender value of that policy and that portion of the premium paid for the unexpired portion of the period, calculated from (a) the beginning of the calendar month in which the policy is surrendered, or (b) the end of the calendar month in which the policy is surrendered whichever calculation produces the greater amount.
Returned Soldiers’ Insurance Regulations — 5
5 (1) Where the insured does not pay, within the prescribed period of grace, a premium due under the policy and applies in writing, within three months from the date on which the premium fell due, for paid-up insurance, he is entitled to paid-up insurance for a reduced amount. (2) The amount of such paid-up insurance is, (a) in the case of a policy requiring that premiums be payable for 20 years, that proportion of the original amount of insurance that the total premiums paid is to the total of premiums originally payable; and (b) in all other policies, an amount that the reserve on the policy at the date of application will provide when applied as a single net premium, computed on the same basis as the reserve, at the attained age of the insured. (3) Paid-up insurance is payable on the same conditions as the original insurance.
Returned Soldiers’ Insurance Regulations — 6
6 A cash surrender value based on the reserve on the paid-up insurance to which the insured would have been entitled under section 5 is, where the Superintendent is satisfied as to the circumstances of the case, payable to the insured where (a) a written application therefor is made to the Superintendent (i) by the insured, and (ii) by the beneficiary or beneficiaries, except where his or their whereabouts is unknown or cannot be ascertained by the insured after a search satisfactory to the Superintendent; and (b) the policy is returned to the Superintendent for cancellation or retention.
Returned Soldiers’ Insurance Regulations — 7
7 Where the insured does not pay, within the prescribed period of grace, a premium due under the policy and no proper application has been made for paid-up insurance or a cash surrender value, the policy shall be automatically continued in force for the full amount of insurance for the extension period, disregarding fractional parts of a month, that the cash surrender value at the date on which the premium fell due will provide if applied as a net single premium at the attained age of the insured.
Returned Soldiers’ Insurance Regulations — 8
8 (1) Where the insured applies for any benefit provided by section 9 of the Act, he shall, if required by the Superintendent, furnish the report of a competent physician on an examination form provided by the Superintendent. (2) Each claim shall be referred to a medical referee appointed by the Superintendent and the referee’s decision is final. (3) The fees of the physician shall be paid by the insured.
Returned Soldiers’ Insurance Regulations — 9
9 Where a disability is caused by the mental derangement of the insured, the disability benefit may be paid to such person or persons on his behalf as the Superintendent may deem fit.