GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Disability Benefit Regulations — 19
Request for extension 19 (1) A person may request that the Minister extend the 180‑day period referred to in subsections 18 (1) and (2) not later than 185 days after the end of that period. Making of request (2) A request for an extension of time must be made in the form and manner specified by the Minister. Situations (3) The Minister must allow an extension of time if the Minister is satisfied that at least one of the following situations has occurred and has significantly impacted the ability of the person referred to in subsection (1) to respect the time period: (a) an emergency, if a state of emergency has been declared by a federal or provincial minister under federal or provincial law; (b) a natural or human‑made disaster, such as a flood or fire; (c) a civil disturbance, such as a riot; (d) a disruption in public services, such as a strike; (e) a serious accident, injury or illness suffered by the person; or (f) an emotional or mental distress suffered by the person, such as from a death in their family. Minister’s decision (4) The Minister must consider a request for an extension of time within a reasonable time and must notify, in writing, the person who made the request of the Minister’s decision and the reason for it.
Canada Disability Benefit Regulations — 20
Social Security Tribunal 20 (1) For the purposes of section 10.1 of the Act, the body to which a person may appeal is the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act . Paragraphs 10.1(a) and (b) of Act (2) A person must follow the procedure set out in section 18 of these Regulations in respect of any requests for reconsideration of decisions referred to in paragraphs 10.1(a) and (b) of the Act. Only a decision of the Minister made under subsection 18 (4) of these Regulations in respect of these decisions may be appealed to the Social Security Tribunal. Paragraph 10.1(c) of Act (3) For the purposes of paragraph 10.1(c) of the Act, a person may appeal to the Social Security Tribunal in respect of any decision of the Minister made under subsection 18 (4) or 19 (4) of these Regulations.
Canada Disability Benefit Regulations — 21
Reference to Court 21 (1) If an appeal brought under section 10.1 of the Act includes, as a ground of appeal, a claim or a submission that a decision or determination made by the Minister as to income under the Act was incorrectly made, the Social Security Tribunal must (a) notify the appellant and the Minister that the appeal on that ground has been referred to the Court for decision in accordance with subsection 66(2) of the Department of Employment and Social Development Act ; and (b) transmit to the Registrar of the Court a copy of the documents filed in the appeal that are relevant to that ground of appeal. Definition of Court (2) For the purposes of this section and sections 23 to 29 , Court means the Tax Court of Canada.
Canada Disability Benefit Regulations — 22
Definition of judge 22 For the purposes of sections 23 to 27 , judge has the same meaning as in section 2 of the Tax Court of Canada Act .
Canada Disability Benefit Regulations — 23
Other persons affected 23 (1) If an appeal is made in relation to a decision or determination as to income under the Act or these Regulations and the Minister is of the opinion that a person other than the appellant may be directly affected by the decision of the Court, the Minister must so notify the Social Security Tribunal. Person added (2) The Social Security Tribunal must notify the Registrar of the Court and the Registrar must add that person as a party to the appeal. Notice — receipt of documents (3) The Registrar of the Court, on receipt of the documents transmitted by the Social Security Tribunal under paragraph 21 (1)(b), must notify the Chief Justice of the Court, the Social Security Tribunal, the Minister and any person added as a party to the appeal of that receipt. Appointment of judge (4) When the Chief Justice of the Court is notified under subsection (3), the Chief Justice must appoint a judge to hear the reference.
Canada Disability Benefit Regulations — 24
Time and place of reference 24 (1) The Registrar of the Court, in consultation with the judge appointed to hear the reference, must set the date, time and place for the hearing of the reference. Where reference is held (2) The hearing of a reference must be held in the city, town or village in which, or nearest to which, the appellant is ordinarily resident unless the appellant consents in writing to the hearing being held, in whole or in part, at some other place or by audioconference or videoconference or a combination of both. Notice (3) The Registrar of the Court must, by registered mail, notify the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal of the date, place and time set for the hearing of the reference.
Canada Disability Benefit Regulations — 25
Informal procedure 25 (1) Proceedings before the Court must be informal and conducted in a summary manner. Determination of procedure (2) The judge appointed to hear the reference must, subject to the right of all parties or their representatives to be heard, determine the procedure to be followed at the hearing of the reference.
Canada Disability Benefit Regulations — 26
Written submissions 26 The judge appointed to hear the reference may, with the consent of the appellant, require that written submissions be filed by the appellant, the Minister and any person added as a party to the appeal in addition to or in lieu of an oral hearing.
Canada Disability Benefit Regulations — 27
Decision 27 (1) The judge appointed to hear the reference must advise the Registrar of the Court of the judge’s decision. Certified copy of decision (2) After being advised of the decision, the Registrar of the Court must forward a certified copy of the decision to the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal.
Canada Disability Benefit Regulations — 28
Costs and fees 28 No costs may be awarded on the disposition of a reference and no fees may be charged to the appellant by the Court.
Canada Disability Benefit Regulations — 29
Other grounds of appeal 29 If the appellant sets out both a ground of appeal that has been referred to the Court under subsection 66(2) of the Department of Employment and Social Development Act and a ground of appeal that has not been referred to the Court under that subsection, the Social Security Tribunal, on receipt of a certified copy of the decision of the Court, must proceed in accordance with the Social Security Tribunal Rules of Procedure .
Canada Disability Benefit Regulations — 30
Mailing address 30 All notices, requests and other documents must be addressed to the person to whom they are required to be sent, forwarded or mailed at their last known address.
Canada Disability Benefit Regulations — 31
Denial of benefit due to administrative error 31 If the Minister is satisfied that, as a result of an administrative error in the administration of the Act or these Regulations, any person has been denied a benefit, or a portion of a benefit, to which that person would have been entitled, the Minister must take any remedial action that the Minister considers appropriate to place the person in the position that they would be in had the administrative error not been made.
Canada Disability Benefit Regulations — 32
Inspections 32 (1) The Minister may, for any purpose relating to the administration or enforcement of the Act or these Regulations, examine any document that relates or may relate to the entitlement of a person to a benefit or the amount of a benefit. Requirement to provide information or documents (2) Despite any other provision of the Act or these Regulations, the Minister may, subject to subsection (3), by notice served personally or by confirmed delivery service, require that any person provide any information or document for any purpose relating to the administration or enforcement of the Act or these Regulations within the reasonable time specified in the notice. Other persons (3) The Minister must obtain the authorization of a judge under subsection (4) before requiring that a person — other than an applicant, a beneficiary or the representative of an applicant or beneficiary who is incapable of managing their own affairs — provide information or documents under subsection (2). Judicial authorization (4) On an ex parte application by the Minister, a judge may, subject to the conditions that the judge considers appropriate, authorize the Minister to require information or documents under subsection (2) from a person referred to in subsection (3) if the judge is satisfied by information on oath that the information or documents are required to verify compliance by the person with a duty or obligation under the Act or these Regulations. Service of authorization (5) An authorization granted under subsection (4) must be served together with the notice referred to in subsection (2). Review of authorization (6) A person on whom an authorization and a notice are served under subsection (5) may, not later than 15 days after the day on which the authorization and notice are served, apply to the judge who granted the authorization under subsection (4) or, if that judge is unable to act, to another judge of the same court for a review of the authorization. Powers on review (7) On hearing an application under subsection (6), a judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions referred to in subsection (4) have been met, and the judge may confirm or vary the authorization if the judge is satisfied that those conditions have been met. Definition of judge (8) For the purposes of this section, judge means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.
Canada Disability Benefit Regulations — 33
Copies as evidence 33 When a document is examined or provided under the Act or these Regulations, the person by whom it is examined or to whom it is provided may make or cause to be made one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.
Canada Disability Benefit Regulations — 34
Obligation to appear 34 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with the Act or these Regulations, require an applicant, a beneficiary or the representative of an applicant or beneficiary who is incapable of managing their own affairs to be at a suitable place — or to be available by audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or document related to their application that the Minister may require.
Canada Disability Benefit Regulations — 35
Violations 35 (1) A person commits a violation if they (a) knowingly make, in relation to an application for a benefit under the Act, a representation that is false or misleading; or (b) make an application for, and receive, a benefit under the Act knowing that they are not eligible to receive it. Penalty (2) Subject to subsection (7), the Minister may impose a penalty on a person if the Minister is of the opinion, based on documents or information collected or obtained by the Minister, that the person has committed a violation. Amount of penalty (3) The penalty that the Minister may issue is (a) for a first violation, 15 per cent of the amount calculated by multiplying by 12 the monthly amount of the benefit payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income; and (b) for each subsequent violation, 50 per cent of the amount calculated by multiplying by 12 the monthly amount of the benefit payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income. Presumption — first violation (4) For the purposes of subsection (3), if no penalty was imposed on a person under this section in the 10 years preceding the day on which a violation occurred, the violation is deemed to be a first violation. For greater certainty (5) For greater certainty, no penalty may be imposed on a person if they mistakenly believe that a representation is true or that they, or the person on whose behalf they made an application for a benefit, were eligible to receive the benefit, as the case may be. Limitation (6) A penalty must not be imposed on a person in respect of an act referred to in subsection (1) if (a) a prosecution for the act has been initiated against the person; or (b) five years have passed since the day on which the Minister became aware of the act. Rescission of penalty (7) The Minister may rescind a penalty imposed under subsection (2) (a) on the presentation of new facts; or (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.
Canada Disability Benefit Regulations — 36
Offences 36 (1) A person is guilty of an offence punishable on summary conviction if they (a) knowingly use false identity information or another person’s information for the purpose of obtaining a benefit for themselves; (b) counsel a person to apply for a benefit with the intent to steal all or a substantial part of it; or (c) knowingly make false or misleading representations in relation to an application for a benefit. Saving (2) No proceeding may be commenced under this section or the Criminal Code for an act if a penalty for that act has been imposed under section 35 .
Canada Disability Benefit Regulations — 37
Return of benefit 37 (1) A person or agency that has received a benefit payment to which the person or agency is not entitled, or that has received a benefit payment in excess of the amount of the benefit to which the person or agency is entitled, must return the amount of the erroneous payment or the overpayment, as the case may be, as soon as feasible. Debt due to His Majesty (2) The amount of the erroneous payment or overpayment constitutes a debt due to His Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister. Payment in instalments (3) A debt recoverable from a person under this section may be paid as a single payment or, if the Minister agrees, in instalments in any amount that does not cause undue hardship to the person. No interest (4) No interest is payable on any amount owing to His Majesty in right of Canada under the Act or these Regulations that results from an erroneous payment or overpayment unless the payment was made as a result of a violation for which a penalty was imposed under section 35 or as a result of an offence under subsection 36 (1) for which a fine or a term of imprisonment was imposed under the Criminal Code .
Canada Disability Benefit Regulations — 38
Recovery of penalties 38 A penalty imposed under section 35 constitutes a debt due to His Majesty in right of Canada, as of the day on which it was imposed, that may be recovered by the Minister.
Canada Disability Benefit Regulations — 39
Limitation period or prescription 39 (1) Subject to subsections (2) and (3), no action or proceedings may be taken to recover money owing under the Act or these Regulations after the end of the six-year limitation period or prescription that begins on the day on which the money becomes due and payable. Limitation period or prescription suspended (2) The running of a limitation period or prescription is suspended during any period in which (a) it is prohibited to commence or continue an action or other proceedings against the debtor to recover money owing under the Act or these Regulations; or (b) a review of a decision establishing liability in respect of money owing under the Act or these Regulations is pending. Enforcement proceedings (3) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Canada Disability Benefit Regulations — 40
Certificates 40 (1) All or part of the debt that has not been recovered may be certified by the Minister (a) without delay, if, in the Minister’s opinion, the debtor is attempting to avoid payment; and (b) 30 days after the day on which the default occurred, in any other case. Registration of certificate (2) On production to the Federal Court, the certificate must be registered in the Court. When it is registered, it has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate. Judgment (3) A certificate registered under subsection (2) may also be registered in the superior court of a province as if it were a document evidencing a judgment of that court. Costs (4) All reasonable costs and charges for the registration of the certificate are recoverable in the same way as if they had been certified and the certificate registered under this section. Charge (5) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2) or (3) may be recorded for the purpose of creating security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the person. Garnishment (6) If the Minister knows or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment to His Majesty in right of Canada under the Act or these Regulations, the Minister may, by notice served personally or by confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability. Debt due to His Majesty (7) An amount not paid as required by a notice under subsection (6) is a debt due to His Majesty in right of Canada.
Canada Disability Benefit Regulations — 42
May 15, 2025 42 These Regulations come into force on May 15, 2025.
Certain Products Containing Toxic Substances Regulations — a
Whereas, under subsection 332(1) a of the Canadian Environmental Protection Act, 1999 b , the Minister of the Environment published in the Canada Gazette , Part I, on November 18, 2023, a copy of the proposed Certain Products Containing Toxic Substances Regulations , and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; a S.C. 2023, c. 12, s. 55 b S.C. 1999, c. 33
Certain Products Containing Toxic Substances Regulations — c
Whereas, under subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 c of that Act; c S.C. 2015, c. 3, par. 172(d)
Certain Products Containing Toxic Substances Regulations — Certain Products Containing Toxic Substances Regulations
And whereas, in the opinion of the Governor in Council, under subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Certain Products Containing Toxic Substances Regulations — d
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Certain Products Containing Toxic Substances Regulations under subsection 93(1) d of the Canadian Environmental Protection Act, 1999 b . d S.C. 2023, c. 12, ss. 33(1) to (6)
Certain Products Containing Toxic Substances Regulations — 1
Definition of regulated product 1 (1) For the purposes of these Regulations, regulated product means a product that belongs to a product category specified in section 13 , 17 or 21 and that contains the toxic substance that is specified both in that section and on the list of toxic substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 . Product category (2) For the purposes of these Regulations, a product belongs to a product category if, according to information on its container or included in any documentation relating to the product that is made available by the manufacturer or importer or their authorized representative, the product may be used as a product that belongs to that category.
Certain Products Containing Toxic Substances Regulations — 2
Non-application 2 These Regulations do not apply to waste or a product that is at the end of its useful life and that is to be recycled.
Certain Products Containing Toxic Substances Regulations — 4
Issuance 4 (1) The Minister may issue only one permit per regulated product to each applicant. Conditions (2) Subject to subsection (3), the Minister must issue the permit if the following conditions are met: (a) the applicant has established that, at the time of the application, it is not technically or economically feasible for them to use an alternative to or a substitute for the regulated product or the toxic substance contained in the regulated product that (i) achieves a similar result as would be achieved by using the toxic substance, and (ii) has a less harmful effect on the environment or on human health than the toxic substance; and (b) the applicant has submitted the plan referred to in paragraph 3 (1)(d) and that plan identifies and describes (i) measures that can reasonably be considered to minimize or eliminate any harmful effect that the toxic substance contained in the regulated product has or may have on the environment and human health, including measures to ensure that the toxic substance is handled and transported safely and is not released into the environment during normal use of the regulated product and at the end of its useful life, and (ii) measures that can reasonably be considered to, within a stated period, eliminate the toxic substance contained in the product or reduce its concentration to the point that these Regulations no longer apply to the product. Refusal (3) The Minister must refuse to issue a permit if (a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; (b) the information and documents required under section 3 have not been provided or are insufficient to enable the Minister to process the application; or (c) the Minister has reasonable grounds to believe that, if the permit were issued, the manufacturing, importing or selling, as the case may be, of the regulated product would pose a threat of serious or irreversible damage to the environment or human health or would not contribute to sustainable development. Expiry (4) Unless the permit is renewed under subsection 5 (3), it expires on the day indicated in the permit, which must not be later than three years after the day on which the permit is issued.