GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Support Act — E-5.8 14
Factors to be considered 14 The Board in considering an application by a manufacturer for a grant in respect of a plant or otherwise shall take into account all relevant factors including (a) the levels of employment and production at other plants in Canada of the manufacturer or of any persons associated or affiliated with the manufacturer, and (b) the prices paid by the manufacturer to suppliers for goods that enter into the cost of production of the manufacturer.
Employment Support Act — E-5.8 15
Special case 15 (1) Where a manufacturer who makes an application under this Act for a grant is unable to comply with any regulations applicable in his case and the Board is of the opinion that a grant to the manufacturer would not be outside the purposes of this Act, as described in section 3, the Board may, having regard to the purposes of this Act, recommend to the Governor in Council that a grant be authorized under this Act for that manufacturer. Special grant (2) If, following a recommendation under subsection (1), the Governor in Council so directs, the Board may authorize payment of a grant to the manufacturer for an assistance period in such amount as it considers appropriate for the purpose of maintaining employment at a plant of the manufacturer, subject to such terms and conditions, if any, as may be set out in the directions of the Governor in Council.
Employment Support Act — E-5.8 16
Time of payment 16 (1) Subject to subsection (2), payment of a grant authorized by the Board to a manufacturer in respect of a plant of the manufacturer or otherwise for an assistance period shall not be made until the termination of such assistance period. Exception (2) Notwithstanding section 13, the Board may, if in its opinion circumstances so warrant, authorize payments to a manufacturer during the assistance period of the manufacturer of amounts on account of the grant payable in respect of that assistance period.
Employment Support Act — E-5.8 17
How payment made 17 Where the Board authorizes the payment of a grant, or the payment of any amount on account of a grant, to a manufacturer, the amount so authorized shall be paid by the Receiver General on the requisition of the Minister.
Employment Support Act — E-5.8 18
Regulations 18 The Governor in Council may make regulations (a) respecting the assistance period or periods in respect of which grants may be paid or applied under this Act; (b) respecting the level or levels of employment that are to be maintained during any prescribed assistance period as a qualification for a grant under this Act; (c) respecting the information to be submitted with applications for grants or to be required for the purposes of such applications; (d) respecting the manner or means in or by which the amounts of any grants shall be computed, which, so far as practicable, shall be related to the extent of the adverse effects incurred by a manufacturer by reason of the imposition of foreign import surtaxes or the taking of other foreign actions having a like effect; (e) prescribing the matters that shall be taken into account in considering whether a manufacturer qualifies for a grant under this Act; and (f) generally, respecting any matter or thing necessary to effect the purposes of this Act.
Employment Support Act — E-5.8 19
Recovery 19 Any payment made to a manufacturer as or on account of a grant to which the manufacturer was not entitled under this Act or the regulations shall be repaid to the Receiver General by the manufacturer and may be recovered from the manufacturer at any time as a debt due to Her Majesty in right of Canada.
Employment Support Act — E-5.8 20
Income 20 For greater certainty, any amount paid to a manufacturer as a grant under this Act shall, for the purposes of the Income Tax Act , be included in computing the income of the manufacturer from carrying on his business for his taxation year in which the amount was received by him.
Employment Support Act — E-5.8 21
Annual report 21 The Minister shall as soon as possible after the end of each annual quarter prepare a report on the administration of this Act during that annual quarter and shall cause such report to be laid before Parliament forthwith upon the completion thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.
Energy Costs Assistance Measures Act — E-6.2
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Energy Costs Assistance Measures Act — E-6.2 1
Short title 1 This Act may be cited as the Energy Costs Assistance Measures Act.
Energy Costs Assistance Measures Act — E-6.2 2
One-time payment — National Child Benefit Supplement recipients 2 (1) Subject to subsection (2), the Minister of National Revenue is authorized to make, out of the Consolidated Revenue Fund, a payment to a person of $250 if (a) that Minister determines before 2009 that an overpayment on account of the person’s liability under Part I of the Income Tax Act is deemed, under subsection 122.61(1) of that Act, or would be so deemed if that Act were read without reference to its subsection 122.61(2), to have arisen during January 2006 in relation to the person’s 2004 taxation year (as defined in subsection 249(1) of that Act); and (b) a portion of that overpayment may reasonably be considered to be in respect of an amount determined for the description of C in subsection 122.61(1) of that Act. Shared payment (2) If a person would, but for the expression “during January 2006” in subsection (1), be a person referred to in that subsection in respect of one or more children, and there is another person to whom that subsection applies in respect of those children, the Minister of National Revenue is authorized to pay to each of those persons, out of the Consolidated Revenue Fund, any portion of $250 that the Minister considers reasonable in the circumstances.
Energy Costs Assistance Measures Act — E-6.2 3
One-time payment — Guaranteed Income Supplement and Allowance recipients 3 (1) The Minister of Employment and Social Development is authorized to make, out of the Consolidated Revenue Fund, a payment to a person of $125 if that Minister determines before 2009 that a supplement under subsection 11(1) of the Old Age Security Act or an allowance under subsection 19(1) or 21(1) of that Act is payable to the person for any month in the payment quarter commencing January 1, 2006. Restriction (2) No payment shall be made to a person if the Minister of Employment and Social Development is informed by the Minister of National Revenue that either the person or the person’s cohabiting spouse or common-law partner (as defined in section 122.6 of the Income Tax Act ) has received, or can reasonably be expected to receive, a payment referred to in section 2. 2005, c. 49, ss. 3, 11; 2012, c. 19, s. 694; 2013, c. 40, s. 238
Energy Costs Assistance Measures Act — E-6.2 4
Deemed refund of tax 4 For the purposes of section 160.1 of the Income Tax Act , an amount paid to a person under section 2 or 3 is deemed to be an amount that has been refunded to the person as a consequence of the operation of section 122.61 of that Act.
Energy Costs Assistance Measures Act — E-6.2 8
Payments to the Canada Mortgage and Housing Corporation 8 (1) Subject to any terms and conditions that the Treasury Board may approve, the Minister designated for the purposes of the National Housing Act may, for the period beginning on April 1, 2005 and ending on March 31, 2010, make direct payments, in an aggregate amount of not more than $425 million, to the Canada Mortgage and Housing Corporation for the purpose of providing funding for measures to reduce the energy consumption of housing projects as defined in section 2 of that Act, including the costs and expenses of the implementation and administration of those measures. Payments out of C.R.F. (2) Any amount payable under this section may be paid out of the Consolidated Revenue Fund by the Minister referred to in subsection (1) at the times and in the manner that that Minister considers appropriate.
Energy Costs Assistance Measures Act — E-6.2 9
Minister of Natural Resources 9 On the requisition of the Minister of Natural Resources, there may, out of the Consolidated Revenue Fund, be paid and applied, for the period beginning on April 1, 2005 and ending on March 31, 2010, (a) a sum in an aggregate amount of not more than $75 million for the purpose of carrying out the powers referred to in paragraphs 21(a) to (c) and (e) of the Energy Efficiency Act and supporting the measures to reduce the energy consumption of housing projects referred to in subsection 8(1) of this Act; and (b) a sum in an aggregate amount of not more than $338 million for the purpose of providing additional funding for the EnerGuide for Houses Retrofit Incentive Program undertaken under section 21 of the Energy Efficiency Act , including the costs and expenses of the administration of that program.
Energy Costs Assistance Measures Act — E-6.2 10
Minister of State (Infrastructure and Communities) 10 (1) Subject to any terms and conditions that the Treasury Board may approve, on the requisition of the Minister of State (Infrastructure and Communities), there may, out of the Consolidated Revenue Fund, be paid and applied, for each of fiscal years 2005-2006 and 2006-2007, a sum in an aggregate amount of not more than $400 million for public transit infrastructure. Authorization (2) For the purposes of subsection (1), the Minister of State (Infrastructure and Communities) may (a) develop and implement programs and projects; (b) enter into an agreement with the government of a province, a municipality or any other organization or any person; (c) make a grant or contribution or any other payment; and (d) subject to the approval of the Treasury Board, supplement any appropriation by Parliament.
Energy Efficiency Act — E-6.4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Energy Efficiency Act — E-6.4 1
Short title 1 This Act may be cited as the Energy Efficiency Act .
Energy Efficiency Act — E-6.4 2
Definitions 2 In this Act, dealer means a person engaged in the business of (a) manufacturing energy-using products in Canada, (b) importing energy-using products into Canada, or (c) selling or leasing energy-using products obtained directly or indirectly from a person engaged in a business described in paragraph (a) or (b) or an agent thereof; ( fournisseur ) energy efficiency standard , in respect of an energy-using product, means the standard, if any, prescribed pursuant to section 20 for that product or for a class of energy-using products that includes that product; ( norme d’efficacité énergétique ) energy-using product means a prescribed product; ( matériel consommateur d’énergie ) inspector means a person designated as an inspector pursuant to subsection 9(1); ( inspecteur ) manufacture includes the process of assembling or altering an energy-using product in order to complete that product for sale to the first retail purchaser or for lease to the first lessee; ( fabrication ) Minister means the Minister of Natural Resources; ( ministre ) prescribed means prescribed by regulation. ( Version anglaise seulement ) 1992, c. 36, s. 2; 1994, c. 41, s. 37
Energy Efficiency Act — E-6.4 (a)
dealer means a person engaged in the business of (a) manufacturing energy-using products in Canada, (b) importing energy-using products into Canada, or (c) selling or leasing energy-using products obtained directly or indirectly from a person engaged in a business described in paragraph (a) or (b) or an agent thereof; ( fournisseur )
Energy Efficiency Act — E-6.4
energy efficiency standard , in respect of an energy-using product, means the standard, if any, prescribed pursuant to section 20 for that product or for a class of energy-using products that includes that product; ( norme d’efficacité énergétique )
Energy Efficiency Act — E-6.4
energy-using product means a prescribed product; ( matériel consommateur d’énergie )
Energy Efficiency Act — E-6.4
inspector means a person designated as an inspector pursuant to subsection 9(1); ( inspecteur )
Energy Efficiency Act — E-6.4
manufacture includes the process of assembling or altering an energy-using product in order to complete that product for sale to the first retail purchaser or for lease to the first lessee; ( fabrication )
Energy Efficiency Act — E-6.4
Minister means the Minister of Natural Resources; ( ministre )
Energy Efficiency Act — E-6.4
prescribed means prescribed by regulation. ( Version anglaise seulement )
Energy Efficiency Act — E-6.4 2.1
Meaning of class 2.1 For greater certainty, a reference in this Act to a class in relation to energy-using products includes classes based on common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used. 2009, c. 8, s. 1
Energy Efficiency Act — E-6.4 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
Energy Efficiency Act — E-6.4 4
Interprovincial trade and importation 4 (1) No dealer shall, for the purpose of sale or lease, ship an energy-using product from one province to another province, or import an energy-using product into Canada, unless (a) the product complies with the energy efficiency standard; and (b) the product or its package is labelled in accordance with the regulations, if any. Tampering with label (2) No person shall, before an energy-using product is sold to the first retail purchaser or leased to the first lessee, remove, deface, obscure or alter any label put on the product or its package in accordance with the regulations. Savings (3) A dealer does not contravene paragraph (1)(b) if the requirements of that paragraph are met before the energy-using product leaves the possession of the dealer or the dealer’s consignee. 1992, c. 36, s. 4; 2009, c. 8, s. 2
Energy Efficiency Act — E-6.4 5
Information to be provided by dealers 5 (1) Every dealer who ships or imports energy-using products as described in subsection 4(1) shall provide the Minister, in the prescribed form and manner and at the prescribed time, with prescribed information respecting those products, including their energy efficiency, their shipment or their importation. Exceptions (2) A dealer is not required to provide prescribed information in respect of the energy efficiency of any particular energy-using products if the Minister is satisfied that (a) the information has previously been provided under subsection (1); or (b) information has previously been provided under subsection (1) in respect of the energy efficiency of comparable energy-using products that differ from those products only in a manner that does not relate to energy efficiency. 1992, c. 36, s. 5; 2009, c. 8, s. 3
Energy Efficiency Act — E-6.4 6
Requirement to supply test products 6 (1) The Minister may require any dealer who ships or imports energy-using products as described in subsection 4(1) to make available, at such place as the Minister may specify, such number of those products as the Minister considers to be reasonably necessary for examination and testing under this section, and the dealer shall forthwith comply with the request. Testing (2) The Minister may dismantle and examine any energy-using product made available pursuant to subsection (1) and may conduct such tests on it as the Minister considers to be reasonably necessary to determine the product’s energy efficiency. Retention (3) The Minister shall not retain any energy-using product made available pursuant to subsection (1) longer than the Minister considers to be reasonably necessary to complete the examination and tests referred to in subsection (2), unless the dealer consents to the further retention. Seizure (4) Notwithstanding subsection (3), an inspector may seize and detain any energy-using product that is examined and tested under subsection (2) if the inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened and that (a) the contravention occurred by means of or in relation to the product; or (b) the product will afford evidence in respect of the contravention. Provisions applicable (5) Subsections 11(2) and (3) and sections 13 to 18 apply, with such modifications as the circumstances require, with respect to an energy-using product seized under subsection (4) as if it were a thing seized under subsection 11(1). Outside testing (6) The Minister may enter into an agreement or other arrangement with any person for the examination and testing of energy-using products under this section.
Energy Efficiency Act — E-6.4 7
Retention of documents and records 7 Every dealer required by section 5 to provide the Minister with prescribed information shall keep, at the dealer’s place of business or other prescribed place in Canada, documents and records sufficient to enable the Minister to verify the accuracy and completeness of the information provided. 1992, c. 36, s. 7; 2009, c. 8, s. 4
Energy Efficiency Act — E-6.4 8
Period of retention 8 Every dealer required by section 7 to keep documents and records shall, unless authorized by the Minister, retain each one of those documents or records until the expiry of six years after the day on which the Minister is provided with the prescribed information. 1992, c. 36, s. 8; 2009, c. 8, s. 4
Energy Efficiency Act — E-6.4 9
Designation of inspectors 9 (1) The Minister may designate as an inspector for the purposes of this Act any person who, in the opinion of the Minister, is qualified to be so designated. Certificate (2) The Minister shall furnish every inspector with a certificate of designation as an inspector and, on exercising any power vested in the inspector by this Act, an inspector shall, if so required, produce the certificate to any person in authority who is affected by that exercise.
Energy Efficiency Act — E-6.4 10
Inspection 10 (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (3), at any reasonable time enter and inspect any place in which the inspector believes on reasonable grounds there is an energy-using product for which an energy efficiency standard or a label has been prescribed and that is owned by or is on the premises of a dealer or a consignee of imported energy-using products or there is any document or record required by section 7 to be kept, and may (a) examine any energy-using product, or any other thing relevant to the administration of this Act, that is found in that place; (b) open and examine any package or receptacle found in the place that the inspector believes on reasonable grounds contains an energy-using product; (c) examine any document or record that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act and make copies thereof or extracts therefrom; and (d) conduct any tests or take any measurements. Computer systems (2) In carrying out an inspection of a place under subsection (1), an inspector may (a) use or cause to be used any computer system at the place to examine any information contained in or available to the system that the inspector believes on reasonable grounds is relevant to the administration of this Act; (b) reproduce any record or cause it to be reproduced from the information in the form of a printout or other intelligible output; and (c) take a printout or other output for examination or copying. Private dwelling-place (3) An inspector may not enter a private dwelling-place without the consent of the occupant of the place except under the authority of a warrant issued under subsection (4). Warrant (4) Where on ex parte application a justice of the peace is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a private dwelling-place, (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act, and (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry thereto will be refused, the justice of the peace may issue a warrant authorizing the inspector named therein to enter and inspect the dwelling-place, subject to such conditions as may be specified in the warrant. Use of force (5) In executing a warrant issued under subsection (4), the inspector named in the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Energy Efficiency Act — E-6.4 11
Seizure 11 (1) Where, in the course of an inspection under section 10, an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any energy-using product or other thing (a) by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred; or (b) that the inspector believes on reasonable grounds will afford evidence in respect of the contravention. Storage and removal (2) A thing seized by an inspector under subsection (1) may, in the inspector’s discretion, be stored in the place where it was seized or be removed to any other place for storage and, where it is so removed at the request of the owner of the thing or the person who was in possession of it at the time of the seizure, the costs of the storage and removal shall be paid by that owner or person. Interference with thing seized (3) Unless authorized by an inspector, no person shall remove, alter or interfere with a thing seized and detained under subsection (1), but an inspector shall, at the request of the owner of the thing or the person who was in possession of it at the time of the seizure, allow that owner or person or any person authorized by that owner or person to examine the thing.
Energy Efficiency Act — E-6.4 12
Assistance to inspectors 12 (1) The owner or person in charge of a place entered by an inspector under section 10, and every person present in that place, shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act or the regulations and shall furnish the inspector with such information with respect to the administration of this Act or the regulations as the inspector may reasonably require. Obstruction of inspectors (2) No person shall wilfully obstruct or hinder, or knowingly make any false or misleading statement orally or in writing to, an inspector engaged in carrying out the inspector’s duties or functions under this Act or the regulations.
Energy Efficiency Act — E-6.4 13
Detention 13 (1) A thing seized under subsection 11(1) shall not be detained after the expiration of one hundred and twenty days after the day of seizure unless, before that time, the thing has been forfeited under section 15 or proceedings have been instituted in respect of the contravention in relation to which the thing was seized. Detention until end of proceedings (2) Where proceedings have been instituted as described in subsection (1), the thing may be detained until the proceedings are finally concluded or an order for the return of the thing is made under subsection 14(2).
Energy Efficiency Act — E-6.4 14
Application for return 14 (1) Subject to section 15, where proceedings have been instituted as described in subsection 13(1), the owner of the thing or the person who was in possession of it at the time of the seizure may apply to the court before which the proceedings are held for an order that the thing be returned. Order for return (2) Where, on an application under subsection (1), the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing, the court may order that it be returned to the applicant, subject to any condition the court thinks fit to ensure that it is preserved for any purpose for which it may subsequently be required.