GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Greenhouse Gas Pollution Pricing Act — G-11.55 249
er to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the offender. Debt due to Her Majesty (3) If the court makes an order under paragraph (1)(d) or (i) directing an offender to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (2), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (4) If the court makes an order under subsection (1) directing an offender to pay an amount to a person other than to Her Majesty in right of Canada and the amount is not paid without delay, the person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Retirement of compliance units (5) If the court makes an order under paragraph (1)(o), any compliance unit that is remitted to the Minister in accordance with the order is retired from circulation. Coming into force and duration (6) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and must not continue in force for more than three years after that day unless the court provides otherwise in the order.
Greenhouse Gas Pollution Pricing Act — G-11.55 250
Suspended sentence 250 (1) If a person is convicted of an offence and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code , the court may, in addition to any probation order made under that Act, make an order containing one or more of the prohibitions, directions or requirements referred to in subsection 249 (1). Imposition of sentence (2) If the person does not comply with the order or is convicted of another offence within three years after the order is made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.
Greenhouse Gas Pollution Pricing Act — G-11.55 251
Application of fines 251 (1) Subject to regulations made under section 241 , all fines received by the Receiver General in respect of the commission of an offence under this Part or any amount received in accordance with an order under paragraph 249 (1)(d) are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund. For greater certainty (2) For greater certainty, purposes related to protecting, conserving or restoring the environment include promoting the control or reduction of greenhouse gas emissions. Recommendations of court (3) A court imposing a fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization, including any entity that represents the interests of one or more of the Indigenous peoples of Canada, specified by the court for a purpose referred to in subsection (1).
Greenhouse Gas Pollution Pricing Act — G-11.55 252
Publication of information about contraventions 252 (1) For the purpose of encouraging compliance with this Part, the Minister must keep, in a registry accessible to the public, information about all convictions of organizations for offences under this Part. Retention (2) Information in the registry is to be kept for a minimum of five years.
Greenhouse Gas Pollution Pricing Act — G-11.55 253
Negotiation of agreement 253 (1) The Minister may negotiate an agreement respecting the administration and enforcement of this Part with any person, any government in Canada, the government of a foreign state or a political subdivision of a foreign state, any international organization or any institution of a government or an international organization. Publication of final agreement (2) The Minister must publish an agreement made under subsection (1), or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Action not limited by agreement (3) An agreement made under this section must not limit or restrict the carrying out of any action the Minister deems necessary for the administration and enforcement of this Part, including the conduct of inspections or investigations.
Greenhouse Gas Pollution Pricing Act — G-11.55 254
Request for confidentiality 254 A person that provides information to the Minister under this Part may submit with the information a written request, with supporting justifications, that the information be treated as confidential for one or more of the following reasons: (a) the information constitutes a trade secret; (b) the disclosure of the information would likely cause material financial loss to, or prejudice to the competitive position of, the person; or (c) the disclosure of the information would likely interfere with contractual or other negotiations being conducted by the person.
Greenhouse Gas Pollution Pricing Act — G-11.55 255
Additional justification 255 (1) The Minister may, after studying the reasons provided under section 254 , require the person in question to provide in writing, within a period specified by the Minister, additional justification for the request for confidentiality. Minister’s decision (2) In determining whether to accept or reject the request, the Minister must consider whether the reasons are well-founded and, if they are, the Minister may nevertheless reject the request if the Minister considers that the public interest in the disclosure of the information outweighs in importance any material financial loss or prejudice to the competitive position of the person that provided the information. Acceptance of request (3) If the Minister accepts the request, he or she must not disclose the information unless the disclosure (a) is made with the written consent of the person that made the request; (b) is made to the Canada Revenue Agency; (c) is made to the Minister of Finance for the purpose of developing policy related to the pricing of greenhouse gas emissions; (d) is necessary for the purposes of the administration or enforcement of this Part; or (e) is made under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or a political subdivision of a foreign state, or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, in which the government, international organization, institution or other minister undertakes to keep the information confidential. Rejection of request (4) If the Minister rejects the request, (a) the person has the right to ask the Federal Court to review the matter within 30 days after the day on which the person is notified that the request has been rejected or within any further time that the Court may, before the expiry of those 30 days, fix; and (b) the Minister must advise the person of the rejection, of the Minister’s intention to disclose the information and of the person’s right to ask the Federal Court to review the matter. Applicable provisions (5) If the person asks the Federal Court to review a matter under paragraph (4)(a), sections 45 to 47 of the Access to Information Act apply, with any modifications that the circumstances require, in respect of a request for a review under that paragraph as if it were an application made under section 44 of that Act.
Greenhouse Gas Pollution Pricing Act — G-11.55 256
Regulations 256 The Governor in Council may make regulations specifying the information to be provided in a request for confidentiality.
Greenhouse Gas Pollution Pricing Act — G-11.55 257
Variation 257 For greater certainty, regulations made under this Part may distinguish among any province or area and among any class of persons, equipment, facilities, activities or greenhouse gas emission sources, including fuels.
Greenhouse Gas Pollution Pricing Act — G-11.55 258
Incorporation by reference — limitation removed 258 The limitation set out in paragraph 18.‍1(2)‍(a) of the Statutory Instruments Act , to the effect that a document must be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Part.
Greenhouse Gas Pollution Pricing Act — G-11.55 259
Regulations not mandatory 259 The following provisions apply in the absence of any regulations referred to in those provisions: (a) subsections 172 (1) and (3); (b) sections 175 and 179 ; (c) subsection 180 (2); (d) section 182 ; (e) subsection 187 (3); and (f) subsections 188 (1), (2) and (4).
Greenhouse Gas Pollution Pricing Act — G-11.55 260
Service Fees Act 260 For greater certainty, an excess emissions charge is not a fee as defined in subsection 2(1) of the Service Fees Act .
Greenhouse Gas Pollution Pricing Act — G-11.55 261
Review 261 (1) The Minister must undertake a review of sections 232 to 252 each time the Minister undertakes a review under section 294.5 of the Canadian Environmental Protection Act, 1999 . Report to Parliament (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.
Greenhouse Gas Pollution Pricing Act — G-11.55 262
Definitions 262 The following definitions apply in this Part. federal land means land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land. ( territoire domanial ) federal work or undertaking means any work or undertaking that is within the legislative authority of Parliament, including (a) a work or undertaking operated for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship; (b) a railway, canal, telegraph or other work or undertaking connecting one province with another, or extending beyond the limits of a province; (c) a line of ships connecting a province with any other province, or extending beyond the limits of a province; (d) a ferry between any province and any other province or between any province and any country other than Canada; (e) airports, aircraft and commercial air services; (f) a broadcast undertaking; (g) a bank; (h) a work or undertaking that, although wholly situated within a province, is before or after its completion declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces; and (i) a work or undertaking outside the exclusive legislative authority of the legislatures of the provinces. ( entreprises fédérales ) Indigenous land means (a) a reserve and any other land that is set apart for the use and benefit of a band under the Indian Act , and all waters on and airspace above that reserve or land; and (b) land that is subject to a comprehensive or specific claim agreement, or a self-government agreement, between the Government of Canada and an Indigenous people of Canada, and all waters on and airspace above that land, with respect to which title remains with Her Majesty in right of Canada. ( terres autochtones ) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones du Canada ) provincial law means an Act of the legislature of a province that relates to the control or pricing of greenhouse gas emissions and any regulations made under that Act. ( texte législatif d’une province )
Greenhouse Gas Pollution Pricing Act — G-11.55
federal land means land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land. ( territoire domanial )
Greenhouse Gas Pollution Pricing Act — G-11.55 (a)
federal work or undertaking means any work or undertaking that is within the legislative authority of Parliament, including (a) a work or undertaking operated for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship; (b) a railway, canal, telegraph or other work or undertaking connecting one province with another, or extending beyond the limits of a province; (c) a line of ships connecting a province with any other province, or extending beyond the limits of a province; (d) a ferry between any province and any other province or between any province and any country other than Canada; (e) airports, aircraft and commercial air services; (f) a broadcast undertaking; (g) a bank; (h) a work or undertaking that, although wholly situated within a province, is before or after its completion declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces; and (i) a work or undertaking outside the exclusive legislative authority of the legislatures of the provinces. ( entreprises fédérales )
Greenhouse Gas Pollution Pricing Act — G-11.55 (a)
Indigenous land means (a) a reserve and any other land that is set apart for the use and benefit of a band under the Indian Act , and all waters on and airspace above that reserve or land; and (b) land that is subject to a comprehensive or specific claim agreement, or a self-government agreement, between the Government of Canada and an Indigenous people of Canada, and all waters on and airspace above that land, with respect to which title remains with Her Majesty in right of Canada. ( terres autochtones )
Greenhouse Gas Pollution Pricing Act — G-11.55
provincial law means an Act of the legislature of a province that relates to the control or pricing of greenhouse gas emissions and any regulations made under that Act. ( texte législatif d’une province )
Greenhouse Gas Pollution Pricing Act — G-11.55 263
Regulations 263 (1) The Governor in Council may, by regulation, made on the recommendation of the Minister of the Environment, provide that a provincial law applies to (a) a federal work or undertaking that is located in that province; (b) federal land or any part of that land that is located in that province; (c) Indigenous land or any part of that land that is located in that province; (d) any part of the internal waters of Canada that is located in or contiguous with that province; or (e) any part of the territorial sea of Canada, the exclusive economic zone of Canada or the continental shelf of Canada that is contiguous with that province. Limitation (2) Subsection (1) does not apply to any provision of a provincial law that imposes a tax. Limitation (3) For greater certainty, this section must 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 any offshore area to which a provincial law is applied under this section or the living or non-living resources of that area, or as limiting the application of any federal laws.
Greenhouse Gas Pollution Pricing Act — G-11.55 264
Statutory Instruments Act 264 The Statutory Instruments Act does not apply to any instrument made by a provincial official or body under the authority of a provincial law that is incorporated by reference in a regulation made under subsection 263 (1).
Greenhouse Gas Pollution Pricing Act — G-11.55 265
Service Fees Act 265 For greater certainty, the Service Fees Act does not apply to any fee, charge or levy that is fixed under a provincial law that is incorporated by reference in a regulation made under subsection 263 (1).
Greenhouse Gas Pollution Pricing Act — G-11.55 266
Federal Courts Act 266 (1) A provincial official or body that exercises a power or performs a duty or function under a regulation made under subsection 263 (1) is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act . Review or appeal in provincial courts (2) Unless otherwise provided by a regulation made under subsection 263 (1), if a power is conferred or a duty or function is imposed by a provincial law that is incorporated by reference in the regulation, the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the laws of that province applied.
Greenhouse Gas Pollution Pricing Act — G-11.55 267
Exclusive economic zone and continental shelf 267 For greater certainty, an individual who exercises a power or performs a duty or function under a regulation made under subsection 263 (1) may do so in the exclusive economic zone of Canada or in waters above the continental shelf of Canada.
Greenhouse Gas Pollution Pricing Act — G-11.55 268
Amounts collected 268 Payments collected by a provincial official or body under a regulation made under subsection 263 (1) belong to Her Majesty in right of the province and are not public money for the purposes of the Financial Administration Act .
Greenhouse Gas Pollution Pricing Act — G-11.55 269
Liability for acts and omissions 269 In respect of any act or omission occurring in the exercise of a power or the performance of a duty or function under a regulation made under subsection 263 (1), (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in question when Her Majesty in right of that province exercises such a power or performs such a duty or function under the law that applies in that province; and (b) any person or body exercising the power or performing the duty or function is entitled to the same limits on liability, defences and immunities as those that would apply to a person or body when the person or body exercises such a power or performs such a duty or function under the law that applies in that province in question.
Greenhouse Gas Pollution Pricing Act — G-11.55 270
Annual report 270 Starting in the year in which the second anniversary of the day on which this section comes into force falls and each calendar year after that, the Minister of the Environment must prepare a report on the administration of this Act and have a copy of the report tabled in each House of Parliament.
Greenhouse Gas Pollution Pricing Act — G-11.55
(2) Subsection (1) applies in respect of payments made after 2023.
Greenhouse Gas Pollution Pricing Act — G-11.55 21
21 Part 1 of Schedule 1 to the Act is repealed.
Greenhouse Gas Technology Investment Fund Act — G-11.6 1
1 [Repealed before coming into force, 2008, c. 20, s. 3]
Greenhouse Gas Technology Investment Fund Act — G-11.6 2
2 [Repealed before coming into force, 2008, c. 20, s. 3]
Greenhouse Gas Technology Investment Fund Act — G-11.6 3
3 [Repealed before coming into force, 2008, c. 20, s. 3]
Greenhouse Gas Technology Investment Fund Act — G-11.6 4
4 [Repealed before coming into force, 2008, c. 20, s. 3]
Greenhouse Gas Technology Investment Fund Act — G-11.6 5
5 [Repealed before coming into force, 2008, c. 20, s. 3]
Greenhouse Gas Technology Investment Fund Act — G-11.6 6
6 [Repealed before coming into force, 2008, c. 20, s. 3]
Greenhouse Gas Technology Investment Fund Act — G-11.6 7
7 [Repealed before coming into force, 2008, c. 20, s. 3]
Greenhouse Gas Technology Investment Fund Act — G-11.6 8
8 [Repealed before coming into force, 2008, c. 20, s. 3]
Gwich’in Land Claim Settlement Act — G-11.8 Preamble
Preamble WHEREAS the Gwich'in, from time immemorial, have traditionally used and occupied lands in Yukon and the Northwest Territories;
Gwich’in Land Claim Settlement Act — G-11.8
WHEREAS the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;
Gwich’in Land Claim Settlement Act — G-11.8
WHEREAS Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, have negotiated in order to achieve certainty and clarity of rights with respect to ownership and use of land and resources;
Gwich’in Land Claim Settlement Act — G-11.8
WHEREAS Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, on April 22, 1992, entered into a comprehensive land claims agreement that, in exchange for the release by the Gwich’in of certain rights and claims as set out in the Agreement, defines certain rights that the Gwich’in shall have, and confirms the treaty rights of the Gwich’in that are unaffected by that release;
Gwich’in Land Claim Settlement Act — G-11.8
WHEREAS the Agreement further provides that the Agreement will be a land claims agreement referred to in section 35 of the Constitution Act, 1982 and that approval by Parliament is a condition precedent to the validity of the Agreement;
Gwich’in Land Claim Settlement Act — G-11.8
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Gwich’in Land Claim Settlement Act — G-11.8 1
Short title 1 This Act may be cited as the Gwich’in Land Claim Settlement Act .
Gwich’in Land Claim Settlement Act — G-11.8 2
Definition of Agreement 2 In this Act, Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, signed on April 22, 1992, tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on November 16, 1992, and includes amendments made from time to time pursuant to the Agreement.
Gwich’in Land Claim Settlement Act — G-11.8 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
Gwich’in Land Claim Settlement Act — G-11.8 4
Agreement 4 (1) The Agreement is hereby approved, given effect and declared valid. Idem (2) For greater certainty, where the Agreement confers on any person or body a right, privilege, benefit or power, requires any person or body to perform a duty or subjects any person or body to a liability, that person or body may exercise the right, privilege, benefit or power, shall perform the duty or is subject to the liability to the extent provided for by the Agreement. Idem (3) For greater certainty, title to lands vests in the Gwich’in Tribal Council as set out in the Agreement.
Gwich’in Land Claim Settlement Act — G-11.8 5
Renewable Resources Board 5 For the purposes of carrying out its objectives, the Renewable Resources Board established by the Agreement has the capacity, rights, powers and privileges of a natural person.
Gwich’in Land Claim Settlement Act — G-11.8 6
Orders and regulations 6 The Governor in Council may make such orders and regulations as are necessary for the purpose of carrying out the Agreement or for giving effect to any of the provisions thereof.
Gwich’in Land Claim Settlement Act — G-11.8 7
Publication of Agreement and amendments 7 The Minister of Indian Affairs and Northern Development shall cause a certified copy of the Agreement and any amendments thereto to be deposited in (a) the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region; (b) the regional offices of the Department of Indian Affairs and Northern Development that are situated in Yukon and the Northwest Territories; (c) the legislative libraries of the Government of Yukon and the Government of the Northwest Territories; and (d) such other places as the Minister deems necessary. 1992, c. 53, s. 7; 2002, c. 7, s. 176(E)
Gwich’in Land Claim Settlement Act — G-11.8 8
Inconsistency or conflict 8 Where there is any inconsistency or conflict between this Act or the Agreement and the provisions of any law, this Act or the Agreement, as the case may be, prevails to the extent of the inconsistency or conflict.