GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Physical Activity and Sport Act — P-13.4 31
Provisions of Canada Business Corporations Act apply 31 (1) The following provisions of the Canada Business Corporations Act apply, with any modifications that the circumstances require, to the Centre and its directors, officers and employees as if the Centre were a corporation incorporated under that Act and the provisions of this Act were its articles of incorporation: (a) section 16 (by-law not required to confer powers on Centre, restriction on powers of Centre and validity of acts of Centre); (b) subsections 20(1), (2) and (4) (records, minutes and place of records); (c) subsection 22(1) (form of corporate records); (d) section 23 (corporate seal not needed to validate instrument); (e) subsection 108(2) (resignation of director); (f) subsections 114(1), (2), (5) to (7) and (9) (meeting of directors); (g) section 116 (validity of acts of directors and officers); (h) section 117 (validity of directors’ resolutions in lieu of meetings); (i) section 120 (conflict of interest of directors and officers); (j) section 123 (directors’ dissents); (k) subsections 124(1) to (6) (indemnification of directors and officers and insurance for directors’ and officers’ liability); (l) section 158 (approval of financial statements by directors); (m) section 161 (qualifications of auditor); (n) section 170 (right of auditor to information); (o) subsections 171(4) to (7) and paragraph 171(8)(a) (duties and administration of audit committee); (p) section 172 (qualified privilege in defamation for auditor’s statements); (q) subsections 253(1) and (3) (notice to directors); (r) section 255 (waiver of notice); and (s) subsections 257(1) and (2) (certificates of Centre as evidence). Description with cross-references (2) The descriptive words in parentheses that follow the reference to a provision of the Canada Business Corporations Act in subsection (1) form no part of that subsection but are inserted for convenience of reference only. Canada Not-for-profit Corporations Act not applicable (3) The Canada Not-for-profit Corporations Act does not apply to the Centre. 2003, c. 2, s. 31; 2009, c. 23, ss. 334, 357
Physical Activity and Sport Act — P-13.4 32
Corporate plan 32 (1) The Centre shall prepare a corporate plan for each fiscal year, and deliver a copy of that plan to the Minister at least 30 days before the start of that fiscal year. Scope and content of corporate plan (2) The corporate plan shall encompass all the business and activities of the Centre and shall include a statement of (a) the Centre’s objectives; (b) the strategies that the Centre intends to use to achieve its objectives, including its operational and financial strategies and its human resource strategies; and (c) the Centre’s operating and capital budgets for the next fiscal year. Corporate plan to be made public (3) After the corporate plan is delivered to the Minister, the Centre shall make the plan public. Corporate plan to be tabled (4) The Minister shall cause a copy of the corporate plan to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the plan.
Physical Activity and Sport Act — P-13.4 33
Annual report 33 (1) The chairperson of the board of directors shall, within four months after the end of each fiscal year, deliver a report on the operations of the Centre in that fiscal year to the Minister. Contents (2) The report shall include (a) the financial statements of the Centre and the report of the auditor respecting those statements; (b) a summary of the Centre’s corporate plan; and (c) information about the Centre’s performance with respect to the objectives established in the corporate plan. Remuneration (3) The total remuneration that each officer receives in a fiscal year from the Centre, including any reimbursements or monetary benefits, and the amount of any reimbursements or monetary benefits that each director receives in a fiscal year from the Centre, shall be set out in the annual financial statements for that year. Distribution of report (4) After its annual report is delivered to the Minister, the Centre shall make the report public. Annual report to be tabled (5) The Minister shall cause a copy of the annual report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report. 2003, c. 2, s. 33; 2015, c. 3, s. 141(F)
Physical Activity and Sport Act — P-13.4 34
Public meeting 34 (1) Within 60 days after the delivery of its annual report to the Minister, the Centre shall convene a public meeting at a city in Canada selected by the Centre to consider the report and other matters relating to the Centre’s activities during the current fiscal year. Notice of meeting (2) At least 30 days before the date of a meeting convened under subsection (1), the Centre shall give notice of the time and place of the meeting in accordance with its by-laws.
Physical Activity and Sport Act — P-13.4 35
Minister may order dissolution 35 (1) The Minister may, by order, dissolve the Centre (a) if the Centre has failed to make by-laws in accordance with paragraphs 17(1)(e), (g) and (i) to (k) within one year after section 9 comes into force; (b) if the Minister is satisfied that the Centre has failed, for a period of one year, to carry on its affairs and business; (c) if the Minister, on the expiry of any period of five years after the coming into force of section 9, after having made an evaluation of the Centre, is satisfied that the Centre is not fulfilling its mission or is no longer necessary; or (d) on petition by the Centre supported by a resolution passed by at least two thirds of the directors. Debts and liabilities (2) In the event of the dissolution of the Centre, any property of the Centre that remains after the payment of its debts and liabilities, or after the making of adequate provision for the payment of its debts and liabilities, may be transferred to any person or institution having a mission similar to that of the Centre that the Minister specifies in the order. Dissolution (3) If the Minister dissolves the Centre, the affairs of the Centre shall be wound up in accordance with this section and any regulations made under paragraph 36(b).
Physical Activity and Sport Act — P-13.4 36
Regulations 36 The Governor in Council may make regulations (a) defining, for the purposes of this Act, the expressions physical activity , sport and sport organization ; (b) respecting the winding up of the Centre; and (c) generally for carrying into effect the purposes and provisions of sections 3 to 8.
Physical Activity and Sport Act — P-13.4 Coming into force
Coming into force * 40 The provisions of this Act, other than section 38, come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 38 in force on assent March 19, 2003; sections 1 to 37 and 39 in force June 15, 2003, see SI/2003-129.]
Pictou Landing Indian Band Agreement Act — P-13.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Pictou Landing Indian Band Agreement Act — P-13.6 1
Short title 1 This Act may be cited as the Pictou Landing Indian Band Agreement Act .
Pictou Landing Indian Band Agreement Act — P-13.6 2
Definition of "agreement" 2 In this Act, agreement means the agreement concluded on July 20, 1993 between Her Majesty in right of Canada and the Pictou Landing Indian Band.
Pictou Landing Indian Band Agreement Act — P-13.6 3
Indian moneys 3 For greater certainty, no amount paid pursuant to the agreement to the Pictou Landing Indian Band or its members either before or after the coming into force of this Act constitutes Indian moneys for the purposes of the Indian Act , and subsection 35(4) of that Act does not apply in respect of any such amount.
Pictou Landing Indian Band Agreement Act — P-13.6 4
Sole recourse for individual claims 4 Claims by members of the Pictou Landing Indian Band arising from the adverse effects referred to in section 13 of the agreement may only be made against the continuing compensation account, and in accordance with the procedure, referred to in that section.
Pioneer Trust Payment Continuation Act — P-14.2
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Pioneer Trust Payment Continuation Act — P-14.2 1
Short title 1 This Act may be cited as the Pioneer Trust Payment Continuation Act .
Pioneer Trust Payment Continuation Act — P-14.2 2
Agreements and arrangements generally 2 (1) The Minister of State (Finance), or any officer of the Office of the Superintendent of Financial Institutions designated by the Minister, may, on behalf of Her Majesty, enter into such agreements or arrangements as may be necessary for or incidental to the continuation of payments under and in accordance with the guaranteed income averaging certificates issued by the Pioneer Trust Company for a term of more than five years and outstanding on February 15, 1985. Powers (2) Where the Minister or a designated officer enters into an agreement or arrangement under subsection (1), the Minister or officer may do such things and perform such acts as may be necessary for or incidental to carrying out the agreement or arrangement. 1987, c. 23, s. 42
Pioneer Trust Payment Continuation Act — P-14.2 3
Agreement with Saskatchewan 3 The Minister of State (Finance) may, on behalf of Her Majesty, enter into an agreement with the government of Saskatchewan to provide for the sharing of any costs incurred under this Act.
Pioneer Trust Payment Continuation Act — P-14.2 4
Appropriation 4 (1) The Minister of State (Finance) may, from time to time, pay out of the Consolidated Revenue Fund such amounts as are required for the purposes of section 2. Limitation (2) The aggregate of the amounts paid out of the Consolidated Revenue Fund under subsection (1) shall not exceed the aggregate of (a) five million dollars, and (b) the amounts paid into the Fund that are received pursuant to agreements entered into under section 2.
Plant Breeders’ Rights Act — P-14.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Plant Breeders’ Rights Act — P-14.6 1
Short title 1 This Act may be cited as the Plant Breeders’ Rights Act .
Plant Breeders’ Rights Act — P-14.6 2
inistrator and any assignee of, or other successor in title to, the rights of the breeder in respect of the plant variety; ( représentant légal ) Minister means the Minister of Agriculture and Agri-Food; ( ministre ) new variety means a plant variety that is described in subsection 4(3); ( obtention végétale ) person has the same meaning as in section 2 of the Criminal Code ; ( personne ) plant breeder’s rights , in relation to a plant variety, means the rights that are granted under section 27; ( certificat d’obtention ) plant variety means any plant grouping within a single botanical taxon of the lowest known rank that, whether or not the conditions for the grant of plant breeder’s rights are fully met, is capable of being (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, (b) distinguished from any other plant grouping by the expression of at least one of those characteristics, and (c) considered as a unit with regard to its suitability for being reproduced unchanged; ( variété végétale ) prescribed means prescribed by regulation; ( Version anglaise seulement ) propagating material means any reproductive or vegetative material for propagation, whether by sexual or other means, of a plant variety, and includes seeds for sowing and any whole plant or part thereof that may be used for propagation; ( matériel de multiplication ) protective direction [Repealed, 2015, c. 2, s. 2] register means the register kept pursuant to section 63; ( registre ) sell includes agree to sell, or offer, advertise, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration. ( vente ) (2) [Repealed, 2015, c. 2, s. 2] 1990, c. 20, s. 2; 1994, c. 38, s. 25; 1997, c. 6, s. 75; 2015, c. 2, s. 2
Plant Breeders’ Rights Act — P-14.6
advertise , in relation to a plant variety, means to distribute to members of the public or to bring to their notice, in any manner whatever, any written, illustrated, visual or other descriptive material, oral statement, communication, representation or reference with the intention of promoting the sale of any propagating material of the plant variety, encouraging the use thereof or drawing attention to the nature, properties, advantages or uses thereof or to the manner in which or the conditions on which it may be purchased or otherwise acquired; ( publicité )
Plant Breeders’ Rights Act — P-14.6
advisory committee means such advisory committee as may be constituted pursuant to subsection 73(1); ( comité consultatif )
Plant Breeders’ Rights Act — P-14.6
agent , in relation to an applicant or a holder of plant breeder’s rights, means a person who is duly authorized by the applicant or holder to act, for the purposes of this Act, on behalf of the applicant or holder and to whom as a person so authorized recognition is, consistent with any requirements prescribed therefor, accorded by the Commissioner; ( mandataire )
Plant Breeders’ Rights Act — P-14.6 (a)
agreement country means any of the following entities that is designated by the regulations as an agreement country with a view to the fulfilment of an agreement concerning the rights of plant breeders made between Canada and that entity: (a) a country, (b) a colony, protectorate or territory subject to the authority of another country or under its suzerainty, (c) a territory over which another country exercises a mandate or trusteeship; ( pays signataire )
Plant Breeders’ Rights Act — P-14.6
applicant means a person by or on behalf of whom an application for the grant of plant breeder’s rights is made pursuant to section 7; ( requérant )
Plant Breeders’ Rights Act — P-14.6 (a)
breeder , in respect of a plant variety, means (a) any person who originates or who discovers and develops the plant variety, or (b) any person in respect of whom an officer, servant or employee, while acting within the scope of his or her duties as the officer, servant or employee of that person, originates or discovers and develops the plant variety; ( obtenteur )
Plant Breeders’ Rights Act — P-14.6
category means, in relation to a plant, a species, a grouping of species or any class within a species; ( catégorie )
Plant Breeders’ Rights Act — P-14.6
Commissioner means the Commissioner of Plant Breeders’ Rights designated pursuant to subsection 56(2) and, except in section 56, includes any person acting under a written authorization given pursuant to section 58; ( directeur )
Plant Breeders’ Rights Act — P-14.6
country of the Union means any country or other entity that is a party to the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as amended from time to time, or any WTO Member as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act ; ( État de l’Union )
Plant Breeders’ Rights Act — P-14.6
document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; ( document )
Plant Breeders’ Rights Act — P-14.6
filing date means, in respect of an application, the date specified in the notice given under subsection 10(2); ( date de dépôt )
Plant Breeders’ Rights Act — P-14.6
holder , in relation to plant breeder’s rights, means the person whom the register indicates, with respect to a plant variety, is entitled to the plant breeder’s rights respecting that variety by a grant made under section 27 or is an assignee of, or other successor in title to, the rights granted under that section in respect of that variety; ( titulaire )
Plant Breeders’ Rights Act — P-14.6
index means the index prepared pursuant to section 62; ( répertoire )
Plant Breeders’ Rights Act — P-14.6
infringement , in relation to plant breeder’s rights, means the doing, without authority under this Act, of anything that the holder of those rights has the right to do under any of sections 5 to 5.2; ( violation )
Plant Breeders’ Rights Act — P-14.6
legal representative , in respect of a breeder of a plant variety, includes the breeder’s executor or administrator and any assignee of, or other successor in title to, the rights of the breeder in respect of the plant variety; ( représentant légal )
Plant Breeders’ Rights Act — P-14.6
Minister means the Minister of Agriculture and Agri-Food; ( ministre )
Plant Breeders’ Rights Act — P-14.6
new variety means a plant variety that is described in subsection 4(3); ( obtention végétale )
Plant Breeders’ Rights Act — P-14.6
person has the same meaning as in section 2 of the Criminal Code ; ( personne )
Plant Breeders’ Rights Act — P-14.6
plant breeder’s rights , in relation to a plant variety, means the rights that are granted under section 27; ( certificat d’obtention )
Plant Breeders’ Rights Act — P-14.6 (a)
plant variety means any plant grouping within a single botanical taxon of the lowest known rank that, whether or not the conditions for the grant of plant breeder’s rights are fully met, is capable of being (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, (b) distinguished from any other plant grouping by the expression of at least one of those characteristics, and (c) considered as a unit with regard to its suitability for being reproduced unchanged; ( variété végétale )
Plant Breeders’ Rights Act — P-14.6
prescribed means prescribed by regulation; ( Version anglaise seulement )
Plant Breeders’ Rights Act — P-14.6
propagating material means any reproductive or vegetative material for propagation, whether by sexual or other means, of a plant variety, and includes seeds for sowing and any whole plant or part thereof that may be used for propagation; ( matériel de multiplication )
Plant Breeders’ Rights Act — P-14.6
protective direction [Repealed, 2015, c. 2, s. 2]
Plant Breeders’ Rights Act — P-14.6
register means the register kept pursuant to section 63; ( registre )
Plant Breeders’ Rights Act — P-14.6
sell includes agree to sell, or offer, advertise, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration. ( vente )
Plant Breeders’ Rights Act — P-14.6 3
Act binds Crown 3 This Act is binding on Her Majesty in right of Canada or a province.
Plant Breeders’ Rights Act — P-14.6 4
Eligible plant varieties 4 (1) Plant breeder’s rights may not be granted except in respect of a plant variety that belongs to a prescribed category and meets all of the conditions set out in subsection (2). Conditions (2) Plant breeder’s rights may be granted in respect of a plant variety if it (a) is a new variety; (b) is, by reason of one or more identifiable characteristics, clearly distinguishable from all varieties whose existence is a matter of common knowledge at the filing date of the application for the grant of plant breeder’s rights respecting that plant variety; (c) is stable in its essential characteristics in that after repeated propagation or, if the applicant has defined a particular cycle of propagation, at the end of each cycle it remains true to its description; and (d) is, having regard to the particular features of its sexual reproduction or vegetative propagation, a sufficiently homogeneous variety. New variety (3) A plant variety is a new variety if the propagating or harvested material of that variety has not been sold by, or with the concurrence of, the breeder of that variety or the breeder’s legal representative (a) in Canada, before (i) the prescribed period preceding the filing date of the application for the grant of plant breeder’s rights, in the case of a variety belonging to a recently prescribed category, and (ii) the period of one year before the filing date of the application for the grant of plant breeder’s rights, in the case of any other variety; and (b) outside Canada, before (i) the period of six years before the filing date of the application for the grant of plant breeder’s rights, in the case of a tree or vine, and (ii) the period of four years before the filing date of the application for the grant of plant breeder’s rights, in any other case. Definition of sufficiently homogeneous variety (4) For the purposes of paragraph (2)(d), sufficiently homogeneous variety means a variety for which, in the event of its sexual reproduction or vegetative propagation in substantial quantity, any variations in characteristics of the plants so reproduced or propagated are predictable, capable of being described and commercially acceptable. Regulations (5) The Governor in Council may make regulations prescribing classes of sales that are not to be considered sales for the purposes of subsection (3). 1990, c. 20, s. 4; 2015, c. 2, s. 3
Plant Breeders’ Rights Act — P-14.6 5
Nature of plant breeder’s rights 5 (1) Subject to the other provisions of this Act and the regulations, the holder of the plant breeder’s rights respecting a plant variety has the exclusive right (a) to produce and reproduce propagating material of the variety; (b) to condition propagating material of the variety for the purposes of propagating the variety; (c) to sell propagating material of the variety; (d) to export or import propagating material of the variety; (e) to make repeated use of propagating material of the variety to produce commercially another plant variety if the repetition is necessary for that purpose; (f) in the case of a variety to which ornamental plants belong, if those plants are normally marketed for purposes other than propagation, to use any such plants or parts of those plants as propagating material for the production of ornamental plants or cut flowers; (g) to stock propagating material of the variety for the purpose of doing any act described in any of paragraphs (a) to (f); and (h) to authorize, conditionally or unconditionally, the doing of any act described in any of paragraphs (a) to (g). Royalty (2) Without prejudice to any rights or privileges of the Crown, an authorization conferred under paragraph 1(h) may be subject to a condition to pay royalty to the holder of the plant breeder’s rights whether or not the holder is Her Majesty in right of Canada or a province. 1990, c. 20, s. 5; 2015, c. 2, s. 5
Plant Breeders’ Rights Act — P-14.6 5.1
Rights respecting harvested materials 5.1 Subject to the other provisions of this Act and the regulations, the holder of the plant breeder’s rights respecting a plant variety has the exclusive right to do any act described in any of paragraphs 5(1)(a) to (h) in respect of any harvested material, including whole plants or parts of plants, that is obtained through the unauthorized use of propagating material of the plant variety, unless the holder had reasonable opportunity to exercise his or her rights under section 5 in relation to that propagating material and failed to do so before claiming rights under this section. 2015, c. 2, s. 5