GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Heritage Railway Stations Protection Act — H-3.5 4
Designation of stations 4 The Minister may, on the recommendation of the Board, designate (a) railway stations as heritage railway stations for the purposes of this Act; and (b) features of heritage railway stations as heritage features for the purposes of this Act. R.S., 1985, c. 52 (4th Supp.), s. 4; 1992, c. 1, s. 144(F)
Heritage Railway Stations Protection Act — H-3.5 5
Prohibition 5 (1) Unless authorized by the Governor in Council, no railway company shall (a) remove, destroy or alter or sell, assign, transfer or otherwise dispose of a heritage railway station owned by it or otherwise under its control; or (b) alter any of the heritage features of a heritage railway station referred to in paragraph (a). Offence and punishment (2) Any railway company that contravenes subsection (1) is guilty of an offence and liable to a fine of not less than fifty thousand dollars and not more than one million dollars. Exception (3) Subsection (1) does not apply in respect of the alteration of a heritage railway station or of any of the station’s heritage features where the alteration is made in response to an emergency situation. Idem (4) Subsection (1) does not apply in respect of the sale, assignment, transfer or other disposition of a heritage railway station to a railway company.
Heritage Railway Stations Protection Act — H-3.5 6
Application for authorization 6 A railway company that plans (a) to remove, destroy or alter or to sell, assign, transfer or otherwise dispose of a heritage railway station owned by it or otherwise under its control, or (b) to alter any of the heritage features of a heritage railway station referred to in paragraph (a) shall file an application for authorization to do so with the Minister in accordance with the regulations after having given public notice in the prescribed manner of its intention to file such an application.
Heritage Railway Stations Protection Act — H-3.5 7
Notice of objection 7 (1) A person who objects to an application for authorization filed pursuant to section 6 may, within sixty days after the application is filed, serve on the Minister a notice of objection in the form established by the Minister setting out the reason for the objection and any relevant facts. Hearing and report (2) Where a notice of objection is served in accordance with subsection (1), the Minister may, within sixty days after the notice is served, refer the matter to the Board. Duties of the Board (3) Pursuant to a reference by the Minister under this section, the Board shall give all interested persons a reasonable opportunity to make representations to it and may hold a public meeting to determine whether the Minister should recommend that the Governor in Council grant the application for authorization filed pursuant to section 6. Representations to the Board (4) Notice of any public meeting held under this section shall be published at least ten days prior to the date of the public meeting in at least one newspaper of general circulation in the municipality in which the heritage railway station is situated. Quorum (5) For the purposes of a reference under this section, one member of the Board constitutes a quorum. Report (6) After the conclusion of the Board’s consideration of an application and in any event within six months after the application is filed, the Board shall submit to the Minister a report setting out its findings of fact and its recommendations as well as any information or knowledge that entered into the formulation of its recommendations. Recommendations to the Governor in Council (7) After the receipt of the report referred to in subsection (6), the Minister may recommend that the Governor in Council grant the application for authorization. R.S., 1985, c. 52 (4th Supp.), s. 7; 1992, c. 1, s. 144(F)
Heritage Railway Stations Protection Act — H-3.5 8
Authorization 8 (1) The Governor in Council may, on the recommendation of the Minister and on such terms and conditions as the Governor in Council considers appropriate, authorize a railway company (a) to remove, destroy or alter or to sell, assign, transfer or otherwise dispose of a heritage railway station owned by it or otherwise under its control; or (b) to alter any of the heritage features of a heritage railway station referred to in paragraph (a). Idem (2) The authorization referred to in subsection (1) is required in addition to and not in substitution for any other authorization or approval required by law.
Heritage Railway Stations Protection Act — H-3.5 9
Regulations 9 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without restricting the generality of the foregoing, may make regulations prescribing anything that by virtue of this Act may be prescribed by regulation.
Heritage Railway Stations Protection Act — H-3.5 Coming into force
Coming into force * 10 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force August 15, 1990, see SI/90-100.]
Hibernia Development Project Act — H-3.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Hibernia Development Project Act — H-3.7 1
Short title 1 This Act may be cited as the Hibernia Development Project Act .
Hibernia Development Project Act — H-3.7 (a)
continental shelf means the seabed and subsoil of those submarine areas (a) that extend beyond the territorial sea throughout the natural prolongation of the land territory of Canada to the outer edge of the continental margin or to a distance of two hundred nautical miles from the inner limits of the territorial sea, whichever is the greater, (b) that extend to such outer limits as are prescribed pursuant to paragraph (2)(a), or (c) that are designated as being part of the continental shelf pursuant to that paragraph; ( plateau continental )
Hibernia Development Project Act — H-3.7
federal laws includes Acts of Parliament, regulations as defined in section 2 of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, and any provision of those Acts, regulations or rules of law, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut; ( lois fédérales )
Hibernia Development Project Act — H-3.7
Her Majesty means Her Majesty in right of Canada; ( Sa Majesté )
Hibernia Development Project Act — H-3.7
Hibernia Development Project or Project means the project described in the Hibernia Development Plan approved by the decision referred to in subsection 6(1), as amended and approved by the Regulator from time to time; ( exploitation )
Hibernia Development Project Act — H-3.7
laws of Newfoundland includes the laws and rules of law from time to time in force in the Province of Newfoundland, and any provision of those laws or rules of law, but does not include federal laws; ( lois terre-neuviennes )
Hibernia Development Project Act — H-3.7
Minister means the Minister of Natural Resources; ( ministre )
Hibernia Development Project Act — H-3.7 (a)
offshore area , with respect to the Province of Newfoundland, means (a) any area of the sea that is not within the Province, that is on the landward side of the outer limits of the continental shelf and that is nearer to the coast of the Province than to the coast of any other province, or (b) such other area of the sea as is designated pursuant to paragraph (2)(b), and includes the seabed and subsoil thereof and the airspace above that area; ( zone extracôtière )
Hibernia Development Project Act — H-3.7
prescribed means prescribed by regulations;
Hibernia Development Project Act — H-3.7
Regulator means the Canada–Newfoundland and Labrador Offshore Energy Regulator established by the joint operation of section 9 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act and section 9 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , chapter C-2 of the Statutes of Newfoundland, 1990; ( Régie )
Hibernia Development Project Act — H-3.7
security interests means interests in chattels, fixtures, documents of title, instruments, securities, chattel papers or other personal property that secure payment or performance of an obligation, and includes choses in action and interests arising from an assignment of book debts; ( sûretés mobilières )
Hibernia Development Project Act — H-3.7
territorial sea means the territorial sea of Canada as determined in accordance with the Territorial Sea and Fishing Zones Act . ( mer territoriale )
Hibernia Development Project Act — H-3.7 3
rable. Currency of guarantee (3) Subparagraphs (2)(a)(ii), (v) and (vi) shall be deemed to authorize the guaranteeing, in whole or in part, of an equivalent amount in the currency of any country other than Canada and, notwithstanding subsection 48(2) of the Financial Administration Act , the equivalent amount shall be calculated using (a) where the guarantee is in respect of an amount that together with all guaranteed principal amounts outstanding at the time is in excess of the maximum aggregate principal amount guaranteed at any prior time, the daily average rate of exchange between the Canadian dollar and the currency concerned quoted by the Bank of Canada on the day immediately preceding the day on which the benefit of the guarantee is extended by certificate under paragraph (2)(b) to the amount in excess; or (b) where the guarantee is in respect of the payment of an amount that finances or refinances the whole or a portion of an obligation in the currency of a country other than Canada that has been previously guaranteed under any of those subparagraphs, the weighted average of the rates of exchange determined under paragraph (a) in respect of all of the amounts that were previously guaranteed in the currency concerned. Definition of interest (4) In this section, interest includes, in respect of a financial instrument, the difference between the face amount of the financial instrument and the sum received by the issuer, amortized over the term of the financial instrument to its maturity. 1990, c. 41, s. 3; 1999, c. 31, s. 130; 2014, c. 13, s. 115; 2017, c. 20, s. 105 2019, c. 28, s. 159 2024, c. 20, s. 211
Hibernia Development Project Act — H-3.7 4
Authority to carry out agreements 4 (1) The Minister may do such things as are necessary to carry out any agreement entered into under section 3 or to protect the interests or enforce the rights of Her Majesty under the agreement. Idem (2) Without limiting the generality of subsection (1), the Minister may, with respect to an agreement entered into under section 3, (a) issue guarantees on behalf of Her Majesty pursuant to and in accordance with any undertaking that is given in the agreement; (b) accept and hold on behalf of Her Majesty any security granted to Her Majesty under or pursuant to the agreement, including any security granted in substitution therefor; (c) release, or realize on, any security referred to in paragraph (b); (d) acquire shares of a corporation on behalf of or in trust for Her Majesty; and (e) acquire on behalf of Her Majesty the whole or any portion of the interest held in the Project by any party to the agreement, and for that purpose enter into such agreements or arrangements as the Minister considers appropriate.
Hibernia Development Project Act — H-3.7 5
Summary to be laid before Parliament 5 The Minister shall cause a summary of each agreement made under this Act to be laid before each House of Parliament as soon as practicable after the making of the agreement.
Hibernia Development Project Act — H-3.7 6
Validation of project approval 6 (1) For the purposes of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act , the decision of the Regulator concerning the application for approval of the Hibernia Canada-Newfoundland Benefits Plan and the Hibernia Development Plan, which decision was published as Decision 86.01 and submitted to the Minister on June 18, 1986, shall be deemed to have been validly made by the Regulator under sections 45 and 139 of that Act and the conditions referred to in subsection 32(1) of that Act shall be deemed to have been satisfied in respect of that decision. Presumption (2) Nothing done by the Regulator or the Minister pursuant to or in furtherance of the decision referred to in subsection (1) shall be found to be invalid by reason only that the Regulator was not properly constituted at the time the decision was made or that any of the provisions of the Act referred to in subsection (1) were not in force at that time. 1990, c. 41, s. 6; 2014, c. 13, s. 115 2024, c. 20, s. 212 2024, c. 20, s. 213
Hibernia Development Project Act — H-3.7 7
Application of federal laws 7 (1) Subject to this section, prescribed federal laws in relation to banking, bills of exchange, promissory notes, interest, bankruptcy, insolvency or the regulation of trade and commerce apply in the offshore area, with such modifications, if any, as are prescribed. Interpretation (2) The federal laws referred to in subsection (1) shall be applied (a) as if the offshore area formed part of the territory of Canada; and (b) notwithstanding that by their terms the application of those federal laws is limited to Canada. Regulations (3) The Governor in Council may make regulations (a) prescribing federal laws for the purposes of subsection (1); (b) prescribing such modifications in the federal laws that apply in the offshore area pursuant to this section as the Governor in Council considers the circumstances of that application may require; and (c) generally for carrying out the purposes and provisions of this section.
Hibernia Development Project Act — H-3.7 8
Application of provincial laws 8 (1) Subject to this section and to such modifications or additions, if any, as are prescribed, the laws of Newfoundland in relation to security interests, including laws in relation to the enforcement of any rights or obligations arising thereunder, apply in the offshore area. Interpretation (2) The laws of Newfoundland referred to in subsection (1) shall be applied (a) as if the offshore area formed part of the territory of the Province of Newfoundland; and (b) notwithstanding that by their terms the application of those laws is limited to the Province of Newfoundland or a particular area of that Province. Sums due to province (3) Any sum due to Her Majesty in right of the Province of Newfoundland under a law of Newfoundland that applies in the offshore area pursuant to this section belongs to Her Majesty in right of the Province of Newfoundland. Regulations (4) The Governor in Council may make regulations (a) restricting the application of subsection (1) to such laws of Newfoundland as are specified in the regulations; (b) excluding any laws of Newfoundland from the application of subsection (1); (c) prescribing such modifications or additions to the laws of Newfoundland that apply in the offshore area pursuant to this section as the Governor in Council considers necessary; and (d) generally for carrying out the purposes and provisions of this section.
Hibernia Development Project Act — H-3.7 9
Limitation 9 For greater certainty, the provisions of section 8 shall not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over the offshore area or the living or non-living resources of the offshore area or as limiting the application of any federal law.
Hibernia Development Project Act — H-3.7 10
Jurisdiction of courts 10 (1) A court has jurisdiction in respect of any matter that arises in whole or in part in the offshore area and to which a law applies pursuant to this Act if the court would have had jurisdiction had the matter arisen in the Province of Newfoundland. Orders and powers (2) A court referred to in subsection (1) may make any order or exercise any power it considers necessary in respect of any matter referred to that subsection. Saving (3) Nothing in this section limits the jurisdiction that a court may exercise apart from this Act. Definition of court (4) In this section, court includes a judge thereof and any justice.
Hibernia Development Project Act — H-3.7 11
Saving 11 Nothing in sections 7 to 10 limits the operation that any Act, law or rule of law may have apart from this Act.
Hibernia Development Project Act — H-3.7 11.1
Inconsistent laws 11.1 In the event of any inconsistency between this Act or the regulations made under this Act and the Canadian Laws Offshore Application Act or the regulations made under that Act, this Act or the regulations made under this Act, as the case may be, prevail to the extent of the inconsistency. 1990, c. 41, s. 22
Hibernia Development Project Act — H-3.7 Coming into force
Coming into force * 23 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force November 9, 1990, see SI/90-169.]
High Risk Child Sex Offender Database Act — H-3.76 1
Short title 1 This Act may be cited as the High Risk Child Sex Offender Database Act .
High Risk Child Sex Offender Database Act — H-3.76 2
Definitions 2 (1) The following definitions apply in this Act. sexual offence against a child means (a) a designated offence , as defined in subsection 490.011(1) of the Criminal Code , that is committed against a person who is under 18 years of age, other than a secondary offence , as defined in that subsection, for which the prosecutor has not, for the purposes of subsection 490.012(5) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit a primary offence , as defined in that subsection 490.011(1); or (b) an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is or was required to comply with the Sex Offender Information Registration Act . ( infraction sexuelle visant un enfant ) Commissioner means the Commissioner of the Royal Canadian Mounted Police. ( commissaire ) Interpretation — crime of a sexual nature (2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that (a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and (b) constitute an offence. Interpretation — young person (3) For the purposes of this Act, a reference to a person who is found guilty of a sexual offence against a child does not include (a) a young person as defined in subsection 2(1) of the Youth Criminal Justice Act who has been found guilty of a sexual offence against a child unless they are given an adult sentence as defined in that subsection for the offence; or (b) a young person as defined in subsection 2(1) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, who has been found guilty of a sexual offence against a child unless they are found guilty of the offence in ordinary court as defined in that subsection. 2015, c. 23, s. 29 “2” 2023, c. 28, s. 48
High Risk Child Sex Offender Database Act — H-3.76 (a)
sexual offence against a child means (a) a designated offence , as defined in subsection 490.011(1) of the Criminal Code , that is committed against a person who is under 18 years of age, other than a secondary offence , as defined in that subsection, for which the prosecutor has not, for the purposes of subsection 490.012(5) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit a primary offence , as defined in that subsection 490.011(1); or (b) an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is or was required to comply with the Sex Offender Information Registration Act . ( infraction sexuelle visant un enfant )
High Risk Child Sex Offender Database Act — H-3.76
Commissioner means the Commissioner of the Royal Canadian Mounted Police. ( commissaire )
High Risk Child Sex Offender Database Act — H-3.76 3
Purpose 3 The purpose of this Act is to enhance public safety by establishing a publicly accessible database that contains information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.
High Risk Child Sex Offender Database Act — H-3.76 4
Establishment 4 (1) The Commissioner must establish and administer a publicly accessible database that contains information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature. Commissioner’s duties (2) The Commissioner’s duties under this Act may be performed on behalf of the Commissioner by any person who is authorized by the Commissioner to perform those duties.
High Risk Child Sex Offender Database Act — H-3.76 5
Content of database 5 The database must contain only information, with respect to any person referred to in subsection 4 (1), that a police service or other public authority has previously made accessible to the public, including: (a) their given name and surname, and any alias that they use; (b) their date of birth; (c) their gender; (d) their physical description, including any physical distinguishing mark that they have; (e) a photograph of them; (f) a description of offences they have committed; (g) any condition to which they are subject; and (h) the name of the city, town, municipality or other organized district in which they reside.
High Risk Child Sex Offender Database Act — H-3.76 6
Prior notification 6 The Commissioner must, before including the given name and surname of a person referred to in subsection 4 (1) in the database, take reasonable steps to notify that person that information with respect to them is to be included in the database and allow that person to make representations concerning the matter.
High Risk Child Sex Offender Database Act — H-3.76 7
Removal of information 7 (1) On the receipt of an application in writing by a person referred to in subsection 4 (1), the Commissioner must decide whether there are reasonable grounds to remove information with respect to that person from the database. Deeming (2) If the Commissioner does not make a decision on the application within the period prescribed by regulation, the Commissioner is deemed to have decided not to remove the information in question. Notice of decision to applicant (3) The Commissioner must give notice without delay to the applicant of any decision made or deemed to have been made respecting the application. Judicial review (4) Within 60 days after receipt of the notice of the decision, the applicant may apply to the Federal Court for judicial review of the decision.
High Risk Child Sex Offender Database Act — H-3.76 8
Regular review of information 8 Within the period prescribed by regulation after the establishment of the database, and at prescribed intervals after that, the Commissioner must review the information in the database to determine whether the information should still be maintained in the database. The review does not affect the validity of the database.
High Risk Child Sex Offender Database Act — H-3.76 9
Non-derogation 9 Nothing in this Act affects any authority of the Royal Canadian Mounted Police under another Act of Parliament or an Act of a provincial legislature or at common law to disclose information.
High Risk Child Sex Offender Database Act — H-3.76 10
Immunity 10 No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done or omitted to be done in good faith under this Act.