GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regional Development Incentives Designated Regions Order, 1974 — Regional Development Incentives Designated Regions Order, 1974
That portion north of a line crossing the Province of Alberta commencing at the point of intersection of the border of British Columbia along the southern boundary of the Improvement District 16 to the western boundary of the Improvement District 15; THENCE, along the southern and eastern boundaries of the Improvement District 15 to the point of intersection of the Improvement Districts 15 and 17 and the Municipal District 92; THENCE, eastward along the northern boundary of the Municipal District 92 to the point of intersection of the Municipal District 92, counties 7 and 12; THENCE, eastward along the northern boundary of counties 7 and 13 to the Gold Fish Lake Indian Reserve; THENCE, southward along the western boundaries of the Gold Fish Lake Indian Reserve, county 19 and the Saddle Lake Indian Reserve; THENCE, eastward along the southern boundary of the Saddle Lake Indian Reserve, county 19 and the most southern boundary of the Improvement District 18 to the Saskatchewan Border. (The said Districts and Counties are shown on a Census of Canada Map 1971).
Regional Development Incentives Regulations, 1974 — 1
1 These Regulations may be cited as the Regional Development Incentives Regulations, 1974 .
Regional Development Incentives Regulations, 1974 — 2
at least five years in such area of the designated region as is specified by the Minister, (h) construction work, (i) repairing as distinct from rebuilding, (j) the rendering of consumer services, (k) publishing other than printing, and (l) the manufacture of primary petrochemicals from any source of hydrocarbon including the manufacture of methanol, ethanol, ethylene, propylene, butadiene, butylenes, benzene, toluene, xylenes and ammonia; ( entreprise de fabrication ou de transformation ) resource-based industry means an industry that uses as a principal material a material (a) the original location of which is not the consequence of human design, and (b) that is in or close to its natural state. ( industrie basée sur une ressource naturelle ) SOR/83-21, s. 1
Regional Development Incentives Regulations, 1974 — Regional Development Incentives Regulations, 1974
Act means the Regional Development Incentives Act ; ( Loi )
Regional Development Incentives Regulations, 1974 — (a)
eligible assets means the assets approved by the Minister as forming the whole or a part of a facility or commercial facility but does not include (a) land, (b) passenger motor vehicles as determined by the Minister, (c) means of transportation other than passenger motor vehicles as determined by the Minister that, in the opinion of the Minister, are not used primarily for the facility or commercial facility, (d) assets that, in the opinion of the Minister, are normally considered to be a charge against income in the year in which they are acquired, and (e) patents, franchises, copyrights and goodwill; ( actif admissible )
Regional Development Incentives Regulations, 1974 — (a)
equity means the aggregate of (a) the share capital, (b) earned surplus, (c) contributed surplus, (d) other surplus or deficit accounts, (e) shareholders’ loans that are subordinated to all other liabilities, and (f) the proprietor’s or partner capital accounts, less such accounts as, in the opinion of the Minister, unreasonably inflate the net worth of the applicant; ( capital effectif )
Regional Development Incentives Regulations, 1974 — Regional Development Incentives Regulations, 1974
lessor means a lessor that is a company incorporated in Canada and subject to Canadian income tax law and that is the owner of assets leased to an applicant. ( bailleur )
Regional Development Incentives Regulations, 1974 — (a)
commercial operation means any commercial undertaking other than (a) an initial processing operation or any operation described in paragraphs (a) to (d) of the definition initial processing operation , (b) a manufacturing or processing operation or any operation described in paragraphs (a) to (l) of the definition manufacturing or processing operation , or (c) an operation in a resource-based industry; ( entreprise commerciale )
Regional Development Incentives Regulations, 1974 — (a)
initial processing operation means an operation the product of which is a fossil fuel or a material mainly used for further processing or manufacturing, and includes the refining of petroleum, the production of newsprint and the processing of ores to form mineral concentrates, but does not include (a) the processing by roasting, leaching or smelting of mineral concentrates to produce metals, (b) the processing of wood by the sulphite process into bleached sulphite pulp in a pulp mill that prior to January 1, 1972 produced dissolving and high alpha cellulose pulp on a regular basis, (c) the converting of wood pulp into paperboard or paper other than newsprint, or (d) the processing, other than petroleum refining, of a product resulting in a significant chemical change in the principal material used; ( entreprise de transformation initiale )
Regional Development Incentives Regulations, 1974 — (a)
manufacturing or processing operation means an operation whereby any goods, products, commodities or wares are created, fabricated, refined or made more marketable, but does not include (a) the merchandising of any goods, products, commodities or wares except where they are products of, and their merchandising is integral with, an operation whereby they are created, fabricated, refined or made more marketable, (b) the growing, catching or harvesting of any natural or cultivated product of nature, (c) the extracting of minerals by any method, (d) the production of energy except as an integral part of and solely for use in an operation whereby any goods, products, commodities or wares are created, fabricated, refined or made more marketable, (e) the mixing of concrete or asphalt if, in the opinion of the Minister, such operation is carried out to a significant degree for direct application in plastic form to roadway paving or for direct use in construction in metropolitan and surrounding areas, (f) salt or potash extraction, (g) any mobile manufacturing or processing operation, except where the applicant agrees to use the assets of the operation for a period of at least five years in such area of the designated region as is specified by the Minister, (h) construction work, (i) repairing as distinct from rebuilding, (j) the rendering of consumer services, (k) publishing other than printing, and (l) the manufacture of primary petrochemicals from any source of hydrocarbon including the manufacture of methanol, ethanol, ethylene, propylene, butadiene, butylenes, benzene, toluene, xylenes and ammonia; ( entreprise de fabrication ou de transformation )
Regional Development Incentives Regulations, 1974 — (a)
resource-based industry means an industry that uses as a principal material a material (a) the original location of which is not the consequence of human design, and (b) that is in or close to its natural state. ( industrie basée sur une ressource naturelle )
Regional Development Incentives Regulations, 1974 — 3
3 These Regulations apply to any application for a development incentive received by the Minister (a) on or after the date these Regulations are registered under section 6 of the Statutory Instruments Act and before April 1, 1974, where the applicant has, pursuant to subsection 4(1) of the Regional Development Incentives Regulations , opted for the application to be dealt with under the Regional Development Incentives Regulations, 1974 ; (b) on or after April 1, 1974 and within two months after the date these Regulations are registered under section 6 of the Statutory Instruments Act , where the applicant has not, pursuant to subsection 4(2) of the Regional Development Incentives Regulations , opted for the application to be dealt with under those Regulations; and (c) more than two months after the date these Regulations are registered under section 6 of the Statutory Instruments Act .
Regional Development Incentives Regulations, 1974 — 4
4 The Minister shall not authorize a development incentive or loan guarantee to a person who is a noneligible person as defined in the Foreign Investment Review Act , unless that person has complied with the requirements of that Act.
Regional Development Incentives Regulations, 1974 — 5
5 No product shall be determined to be a product not previously manufactured or processed in an operation unless, in the opinion of the Minister, on the date of application for a development incentive for the expansion of a facility to enable the manufacturing or processing of the product, (a) the product is significantly different from any product that on that date is, or within the three years immediately preceding that date was, being manufactured or processed in the operation of which the facility constitutes the necessary components; and (b) the product cannot be economically manufactured or processed in that operation without the acquisition of additional assets.
Regional Development Incentives Regulations, 1974 — 6
6 (1) If the amount of a development incentive is based only on approved capital costs, those costs shall include only the approved capital costs of the eligible assets that are installed and utilized in a facility not later than 24 months after the date on which the facility, as established, expanded or modernized, is brought into commercial production. (2) If the amount of a development incentive is based in part on the number of jobs created directly in the operation of a facility that is established or expanded to enable the manufacturing or processing of a product not previously manufactured or processed in the operation, the approved capital costs of the facility shall include only the approved capital costs of the eligible assets that are installed and utilized therein not later than 36 months after the date on which the facility, as established or expanded, is brought into commercial production. (3) Subject to subsection (4), the approved capital costs of eligible assets shall be determined by aggregating (a) the cost to the applicant of each asset to the extent that the cost does not, in the opinion of the Minister, exceed the fair market value of the asset; (b) such capital expenditures as, in the opinion of the Minister, have been or are to be reasonably incurred and paid by the applicant as direct costs of designing, acquiring, constructing, transporting and installing the asset, and of insuring the asset during the construction period; and (c) such capital expenditures as, in the opinion of the Minister, have been or are to be reasonably incurred and paid by the applicant or a lessor as (i) direct costs of design, acquisition, construction, transportation and installation, and (ii) insurance during the construction period, of machinery and equipment leased by the applicant, where (iii) the machinery and equipment is leased for its economic life, (iv) the lease includes an option to purchase the machinery and equipment at the fair market value prevailing at the time of exercising the option, and (v) in the opinion of the Minister, the inclusion of such leased machinery and equipment as eligible assets for the purpose of a development incentive or a loan guarantee will result in an appropriately lower leasing charge to the applicant. (4) Where a development incentive has been authorized in respect of a facility, the Minister shall not approve any capital costs of that facility that are in excess of 125 per cent of the capital costs that were accepted by the Minister for the purpose of the authorization unless the applicant, before incurring such excess capital costs, obtained the agreement of the Minister to include such excess capital costs in determining the amount of the approved capital costs. (5) If, in the opinion of the Minister, the eligible assets installed or to be installed in a facility create a significant change in the plan proposed at the time of authorization of the development incentive, the Minister may reconsider the authorization and amend or withdraw the development incentive previously authorized.
Regional Development Incentives Regulations, 1974 — 7
7 The number of jobs created directly in the operation on which a development incentive is based shall (a) include only those involving employment that relates to the manufacturing or processing of products for the production of which the facility is established or expanded; or (b) in the case of the expansion of a facility, be equal to the number of jobs included in paragraph (a) minus (i) the number of persons normally employed in or based upon the facility as it was constituted at the date of the application for the development incentive, or (ii) such number of persons as the Minister considers could reasonably have been expected to continue in that facility if the expansion had not taken place, whichever is the lesser.
Regional Development Incentives Regulations, 1974 — 8
8 (1) Notwithstanding section 7, for the purposes of paragraph 5(4)(a) of the Act, the number of jobs determined by the Minister to have been created directly in an operation shall be the greater quotient obtained by dividing (a) the number of man days or fractions thereof, determined by the Minister to have been paid, or deemed by the Minister pursuant to section 10 to have been paid, by the applicant with respect to the employment of persons in or based on the facility during the third year after the date on which the facility is brought into commercial production, by (b) the number of days that the facility is determined by the Minister to have been in operation during the third year referred to in paragraph (a), or by dividing (c) the average of the number of man days or fractions thereof, determined by the Minister to have been paid, or deemed by the Minister pursuant to section 10 to have been paid, by the applicant with respect to the employment of persons in or based on the facility during the second and third years after the date on which the facility is brought into commercial production, by (d) the average of the number of days that the facility is determined by the Minister to have been in operation during the second and third years referred to in paragraph (c). (2) In determining the number of man days and the number of days that the facility has been in operation for the purposes of subsection (1), the Minister may make the necessary adjustments to take into account such circumstances as he determines to be appropriate. SOR/78-893, s. 1
Regional Development Incentives Regulations, 1974 — 9
9 (1) Subject to subsection (2), in determining the amount of a development incentive that has been authorized under these Regulations, the Minister shall take into account (a) the number of jobs created, or (b) the wages and salaries determined by him to have been paid by the applicant with respect to the employment of persons in or based on the facility, averaged over the second and third years after the date on which the facility is brought into commercial production and adjusted to take into account such circumstances as he determines to be appropriate. (2) In determining the amount of a development incentive, the Minister shall not take into account (a) any wages or salaries that, in his opinion, are excessive for the purposes of this section; or (b) any amounts that increase the number of jobs or the total wage and salary bill of the applicant to an amount that is in excess of 125 per cent of the amount specified by the Minister for the number of jobs or the wage and salary bill in the authorization of the development incentive unless the creation of such jobs or the expenditure of such amounts was given approval by the Minister prior to the undertaking of the proposed plan or change thereto. SOR/78-893, s. 2
Regional Development Incentives Regulations, 1974 — 10
10 For the purposes of sections 7, 8 and 9, man days and wages and salaries paid by an assignee of the applicant’s rights, or by a person having a management or service contract with the applicant or such assignee, may be deemed by the Minister to have been paid by the applicant.
Regional Development Incentives Regulations, 1974 — 11
11 (1) The amount of working capital to be included in the capital to be employed in an operation shall be such amount of the excess of current assets over current liabilities other than loans as, in the opinion of the Minister, will be required for the operation when the operation is in production at its intended full capacity. (2) The amount of capitalized expenses that may be included in the total capital costs of a facility or commercial facility shall be such expenditures, other than the costs of fixed assets, as in the opinion of the Minister are (a) necessarily incurred in bringing the facility or commercial facility into commercial production or operation; and (b) in accordance with normal accounting practice, treated as capital expenditures and not as charges against income.
Regional Development Incentives Regulations, 1974 — 12
12 (1) A development incentive for an undertaking that the Minister determines to be an undertaking described in subsection (2) may only be authorized on condition that the development incentive is repayable in whole or in part at such time or times as the Minister prescribes in the offer of the development incentive and subject to the Act and the other provisions of these Regulations. (2) For the purposes of subsection (1), an undertaking described in this subsection is an undertaking (a) that has a high risk of failure but for which there is a commensurate opportunity to achieve a high rate of return; (b) whose rate of return would be too marginal without a development incentive but for which the authorizing of a development incentive that is not repayable would not be justifiable, taking into account the possible rate of return; (c) that is not capable of proceeding because reasonable arrangements cannot be made for adequate financing by means of a loan guarantee under the Act or by other means; or (d) that is of such a nature that it merits the offer of a development incentive but for which (i) the authorizing of a development incentive that is not repayable would not be in the public interest, or (ii) the applicant does not wish to receive a development incentive that is not repayable.
Regional Development Incentives Regulations, 1974 — 13
13 (1) Any offer of a development incentive or loan guarantee shall remain open for acceptance by the applicant for a period of 90 days from the day on which the offer is made by the Minister. (2) Any offer of a development incentive shall specify the date by which the construction or installation of the fixed assets of a facility must begin and the date by which the facility must be brought into commercial production. (3) The Minister may, if he is satisfied that the circumstances justify it, substitute a later date for either date specified in the offer in accordance with subsection (2). (4) If an applicant fails to meet a date specified in an offer of a development incentive in accordance with subsection (2) or a later date substituted therefor pursuant to subsection (3), the development incentive offered to the applicant shall be withdrawn.
Regional Development Incentives Regulations, 1974 — 14
14 It is a condition of the payment of a development incentive that is based in part on the number of jobs created directly in the operation that the applicant shall maintain payroll records adequate to permit verification of all wages and salaries paid in respect of the operation.
Regional Development Incentives Regulations, 1974 — 15
15 (1) Subject to subsection (2), no development incentive shall be authorized in respect of any facility unless the approved capital costs will, in the opinion of the Minister, be at least $25,000. (2) In the case of a proposal to establish a new facility or expand an existing facility to enable the manufacturing or processing of a product not previously manufactured or processed in the operation, a development incentive may be authorized, if (a) the number of jobs to be created directly in the operation will, in the opinion of the Minister, be at least five; and (b) the capital costs of the facility will be commensurate with the nature of the undertaking and at least $5,000.
Regional Development Incentives Regulations, 1974 — 16
16 (1) As a condition of authorizing a development incentive in respect of a facility, the Minister shall specify the minimum amount of the equity of the applicant in the operation, which amount shall be not less than 20 per cent of (a) the approved capital costs of the facility as forecast for the purpose of the authorization, in the case of the establishment of the facility, or (b) the approved capital costs of the facility as forecast for the purpose of the authorization plus the book value of the assets of the facility at the time of application, in the case of expansion or modernization of the facility. (2) Subject to subsection (3), the applicant shall provide the amount of equity specified by the Minister pursuant to subsection (1) on or before the date the facility is brought into commercial production. (3) Where the Minister is satisfied that special circumstances exist, he may extend the time for the provision by the applicant of all or part of the equity, specified by the Minister pursuant to subsection (1), but no such extension shall exceed 24 months from the date the facility is brought into commercial production and, notwithstanding section 29, no payment on account of the development incentive shall be made until all the equity has been provided. (4) Except for the amount of operational losses, as determined by the Minister, or other reductions effected with the prior concurrence of the Minister, the applicant shall maintain the amount of equity specified by the Minister pursuant to subsection (1) for a period of 24 months after the date the facility is brought into commercial production in the case of a facility in respect of which a development incentive is based on the approved capital costs only, or 36 months after the date 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.
Regional Development Incentives Regulations, 1974 — 17
17 It is a condition of a development incentive or a loan guarantee in respect of a facility or commercial facility that the applicant shall (a) undertake to train and employ to the maximum extent practicable persons who are, at the time of the application, resident in the designated region in which the facility or commercial facility is located; and (b) provide reasonable opportunities to manufacturers in Canada to supply the machinery and equipment included in the eligible assets of the facility or commercial facility, where such machinery and equipment are competitive in performance, price and delivery date.
Regional Development Incentives Regulations, 1974 — 18
18 (1) It is a condition of a development incentive in respect of a facility or commercial facility that, if the amount or present value of assistance referred to in paragraph 6(c) of the Act is changed from the amount or present value that was taken into consideration by the Minister when authorizing the development incentive, the amount of the development incentive may be varied, taking into account the extent of the change. (2) Assistance taken into consideration in accordance with paragraph 6(c) of the Act shall be deemed to include the present value of any difference between prevailing market terms for loans or leases and any more favourable terms on which loans or leases are made to the applicant.