GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 93
Seizure if failure to pay 93 (1) If a person fails to pay an amount as required under this Act, the Minister may in writing give 30 days notice to the person, addressed to their last known address, of the Minister’s intention to direct that the person’s things be seized and disposed of. If the person fails to make the payment before the expiry of the 30 days, the Minister may issue a certificate of the failure and direct that the person’s things be seized. Disposition (2) Things that have been seized under subsection (1) shall be kept for 10 days at the expense and risk of the owner. If the owner does not pay the amount due together with all expenses within the 10 days, the Minister may dispose of the things in a manner that the Minister considers appropriate in the circumstances. Proceeds of disposition (3) Any surplus resulting from a disposition, after deduction of the amount owing and all expenses, shall be paid or returned to the owner of the things seized. Exemptions from seizure (4) Anything of any person in default that would be exempt from seizure under a writ of execution issued by a superior court of the province in which the seizure is made is exempt from seizure under this section.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 94
Person leaving Canada or defaulting 94 (1) If the Minister suspects that a person has left or is about to leave Canada, the Minister may, before the day otherwise fixed for payment, by notice to the person served personally or sent by registered or certified mail addressed to their last known address, demand payment of any amount for which the person is liable under this Act or would be so liable if the time for payment had arrived, and the amount shall be paid without delay despite any other provision of this Act. Seizure (2) If a person fails to pay an amount required under subsection (1), the Minister may direct that things of the person be seized, and subsections 93 (2) to (4) apply, with any modifications that the circumstances require.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 95
Liability of directors 95 (1) If a corporation fails to pay any amount as and when required under this Act, the directors of the corporation at the time it was required to pay the amount are jointly and severally or solidarily liable, together with the corporation, to pay it and any interest that is payable on it under this Act. Limitations (2) A director of a corporation is not liable unless (a) a certificate for the amount of the corporation’s liability has been registered in the Federal Court under section 88 and execution for that amount has been returned unsatisfied in whole or in part; (b) the corporation has commenced liquidation or dissolution proceedings or has been dissolved, and a claim for the amount of the corporation’s liability has been proved within six months after the earlier of the date of commencement of the proceedings and the date of dissolution; or (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act , and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order. Diligence (3) A director of a corporation is not liable for a failure under subsection (1) if the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances. Assessment (4) The Minister may assess any person for any amount payable by the person under this section and, if the Minister sends a notice of assessment, sections 50 to 63 apply with any modifications that the circumstances require. Time limit (5) An assessment of any amount payable by a person who is a director of a corporation shall not be made more than two years after the person ceased to be a director of the corporation. Amount recoverable (6) If execution referred to in paragraph (2)(a) has issued, the amount recoverable from a director is the amount remaining unsatisfied after execution. Preference (7) If a director of a corporation pays an amount in respect of the corporation’s liability that is proved in liquidation, dissolution or bankruptcy proceedings, the director is entitled to any preference to which Her Majesty in right of Canada would have been entitled had the amount not been so paid, and if a certificate that relates to the amount has been registered, the director is entitled to an assignment of the certificate to the extent of the director’s payment, which assignment the Minister is empowered to make. Contribution (8) A director who satisfies a claim under this section is entitled to contribution from the other directors who were liable for the claim.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 97
Sending by mail 97 (1) For the purposes of this Act and subject to subsection (2), anything sent by registered, certified or first class mail is deemed to have been received by the person to whom it was sent on the day it was mailed. Payment (2) A person who is required under this Act to pay an amount is deemed not to have paid it until it is received by the Receiver General.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 100
Regulations — general 100 (1) The Governor in Council may make regulations (a) respecting the duration, amendment, suspension, renewal, cancellation or reinstatement of a certification under section 25 ; (b) prescribing any matter or thing that by this Act is to be or may be prescribed; and (c) generally to carry out the purposes and provisions of this Act. (2) [Repealed, 2014, c. 20, s. 312] 2006, c. 13, s. 100; 2014, c. 20, s. 312
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 101
Effect 101 A regulation made under this Act has effect from the day it is published in the Canada Gazette or at any later time that may be specified in the regulation, unless it provides otherwise and (a) has a relieving effect only; (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Act; (c) is consequential on an amendment to this Act that is applicable before the day on which the regulation is published in the Canada Gazette ; or (d) gives effect to a budgetary or other public announcement, in which case the regulation shall not, unless paragraph (a), (b) or (c) applies, have effect before the day on which the announcement was made.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 102
Regulation 102 The Governor in Council may, by regulation, declare that any of sections 10 to 15 cease to be in force on a day or days fixed in the regulation.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 103
Payment 103 From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister for International Trade, be paid and applied a sum or sums for payment to any account as determined by that Minister in order to meet Canada’s financial obligations under the softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act .
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 104
Transitional period 104 (1) If a person registered under section 23 exported a softwood lumber product from a region during the period beginning on October 12, 2006 and ending on the day before the day on which subsection 12 (3) comes into force and the registered person would require an export allocation under paragraph 6.3(3)(b) of the Export and Import Permits Act in order to export the same product from that region on that day, the Minister shall refund the registered person the amount, if any, by which the amount that the registered person paid under section 10 in respect of the export of the product exceeds the amount that the registered person would have been required to pay in respect of the export of that product under that section if subsection 12 (3) applied to that export. Exception (2) If the total exports of softwood lumber products from a region, during any month of the period referred to in subsection (1), exceeds the sum of export allocations that would have been issued for that region for that month if section 6.3 of the Export and Import Permits Act , as enacted by section 111 of this Act, were in force during that month, the amount of the refund under subsection (1) in respect of the export of a softwood lumber product from that region during that month is nil.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 105
Month 105 (1) For the purpose of applying section 14 to the month of October 2006, references to a month in subsections 14(1) and (2) are deemed to be references to the period beginning on October 12, 2006 and ending on October 31, 2006. Monthly trigger volume for October 2006 (2) The monthly trigger volume applicable to a region for the month of October 2006 is the amount determined by the formula A × (B/100) × 1.1 × (20/31) where A is the value of A determined under subsection 14(3) or (4), as applicable; and B is the value of B determined under subsection 14(3) or (4), as applicable. Value of C for November 2006 (3) For the purpose of calculating the value of C as determined under subsection 14(3) or (4) for the month of November 2006 in respect of a region, (a) the reference to “exports from the region of softwood lumber products during the previous month” is deemed to be a reference to exports from the region of softwood lumber products during the period beginning on October 12, 2006 and ending on October 31, 2006; and (b) the reference to “the trigger volume for the region for the previous month” is deemed to be a reference to the volume calculated under subsection (2).
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 106
Section 64 106 For the purposes of section 64 , a return that is required to be filed before April 1, 2007 and that has not been filed before that day is deemed to be required to be filed on March 31, 2007.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 107
Retroactive regulations 107 Despite section 101 , every first regulation made under subsection 17(1) or (2) or 22(2) or section 100 may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 108
Retroactive regulations — Export and Import Permits Act 108 Every first regulation made under section 3 , 6 or 12 of the Export and Import Permits Act or under paragraph 6.3(3)(a) of that Act, as enacted by section 111 of this Act, and arising out of the implementation of the softwood lumber agreement, as defined in subsection 2(1) of that Act, may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 126
Coming into force 126 (1) The provisions of this Act, other than subsection 12 (3) and sections 64 , 67 to 76 and 125 , come into force or are deemed to have come into force on October 12, 2006. Subsection 12 (3) * (2) Subsection 12 (3) comes into force on a day to be fixed by order of the Governor in Council. * [Note: Subsection 12(3) in force January 1, 2007, see SI/2007-1.] Section 64 (3) Section 64 comes into force or is deemed to have come into force on April 1, 2007.
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 26
26 Matériaux Blanchet inc. (Saint-Pamphile)
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 29
29 Fontaine inc. (J.A. Fontaine & Fils inc.)
Softwood Lumber Products Export Charge Act, 2006 — S-12.55 32
32 9157-9516 Québec inc. (Scierie Nord-Sud inc.)
Soldier Settlement Act — S-12.8 1
Short title 1 This Act may be cited as the Soldier Settlement Act . 1919, c. 71, s. 1
Soldier Settlement Act — S-12.8 2
rably to resign or retire therefrom, or, without fault on his part, has been dispensed from further service therein; and the widow of any person who died on active service and who, but for his death, might be a settler as now defined, shall be capable of being a settler in her deceased husband’s right: Provided that, notwithstanding anything in this Act, settlers of the class numbered (iii) in this definition may be required by the Board to provide a larger cash down payment in case of purchase of property from the Board or to provide greater or other security in case of an advance or loan received from the Board, than is by this Act authorized or required with respect to settlers generally; Provided further that the word “settler” as applicable to the class of persons numbered (iii) in this definition shall be deemed to include male settlers only; ( settler to mean male member only of certain military forces) (t) soldier grant means a free entry on Dominion lands, granted by the Minister to a settler recommended by the Board; (u) special settler means a settler as defined in this section, who, in the opinion of the Board, has had adequate and successful farming experience in Canada, and who is possessed of qualifications or equipment which, in the opinion of the Board, specially fit him for success as a farmer; (v) standard date means the first day of October in Manitoba and the provinces west thereof, and the first day of November in the provinces east of Manitoba; (w) this Act and Act and former Act includes regulations lawfully made thereunder; (x) the war means the war declared by His Majesty on the fourth day of August, one thousand nine hundred and fourteen, against the Empire of Germany and, subsequently, against other powers. R.S., 1927, c. 188, s. 2; 1931, c. 53, ss. 1, 2; 1944-45, c. 19, s. 8; R.S., 1970, c. 10(2nd Supp.), s. 64
Soldier Settlement Act — S-12.8 (a)
(a) agricultural land means land which, in the opinion of the Board, is adaptable for agricultural purposes and the value whereof for any other purpose is not greater than its value for agricultural purposes;
Soldier Settlement Act — S-12.8 (b)
(b) block means a parcel or parcels of land owned within a settlement area by any person, and whether or not the parcels are contiguous the one to the other, but including only the parcels any part of any one whereof is situated within three miles from any part of another of them;
Soldier Settlement Act — S-12.8 (c)
(c) Board means the Director of Soldier Settlement;
Soldier Settlement Act — S-12.8 (cc)
(cc) Commissioner of the Board means the Director of Soldier Settlement;
Soldier Settlement Act — S-12.8 (d)
(d) Court means the Federal Court of Canada;
Soldier Settlement Act — S-12.8 (e)
(e) district superintendent means a person appointed as such by the Board;
Soldier Settlement Act — S-12.8 (f)
(f) Dominion lands means any lands owned or held by the Dominion of Canada, excepting Indian or School Lands;
Soldier Settlement Act — S-12.8 (g)
(g) former Act means The Soldier Settlement Act, 1917 ;
Soldier Settlement Act — S-12.8 (h)
(h) gazetted means published in the Canada Gazette ;
Soldier Settlement Act — S-12.8 (i)
(i) land or lands includes granted or ungranted, Dominion, provincial or private lands, and real or immovable property, messuages, lands, tenements and hereditaments of any tenure, and real rights, easements and servitudes, streams, watercourses, waters, roads and ways, and all rights or interests in, or over, or arising out of, and all charges upon, land or lands as herein defined;
Soldier Settlement Act — S-12.8 (j)
(j) military and military forces include “naval” and “naval forces”;
Soldier Settlement Act — S-12.8 (k)
(k) Minister means the Minister of Veterans Affairs;
Soldier Settlement Act — S-12.8 (l)
(l) owner includes a person holding private land in fee simple, and a person who, being trustee, executor, administrator, life tenant, mortgagee or otherwise, has the legal power to will or convey, whether with or without the consent or approval of a court or of any person having any estate or interest, such land to be held in fee simple or by a person as the owner thereof;
Soldier Settlement Act — S-12.8 (m)
(m) permanent improvements and improvements includes buildings;
Soldier Settlement Act — S-12.8 (n)
(n) private land means any land which has been alienated by the Crown;
Soldier Settlement Act — S-12.8 (o)
(o) property includes land, as herein defined, and goods, chattels real and personal, and personal or movable property, and all rights or interests in, or over, or arising out of, and all charges upon, property as herein defined;
Soldier Settlement Act — S-12.8 (p)
(p) Registrar of Deeds or Registrar includes the registrar of land titles, or other officer, with whom, according to the law of a province, title to land is registered;
Soldier Settlement Act — S-12.8 (q)
(q) Registry of Deeds or other words descriptive of the office of a registrar of deeds, includes the land titles office, or other office in which, according to the law of a province, title to land is registered;
Soldier Settlement Act — S-12.8 (r)
(r) settlement area means an area of land in any part of Canada, so designated, and defined as this Act requires by the Board, within which the Board exercises or proposes to exercise, its power of compulsorily purchasing lands;
Soldier Settlement Act — S-12.8 (s)
(s) settler to mean male member only of certain military forces means a person who at any time during the war has been therein engaged on active service in a military force (i) of Canada and has served out of Canada; or wherever he may have served, is, by reason of disability incurred or aggravated as the result of such service, in receipt of a pension, or (ii) of His Majesty or of any of His Majesty’s Allies and, being ordinarily resident in Canada when he enlisted in or otherwise became a member of such force, has served thereafter out of Canada, in a theatre of actual war, or (iii) of His Majesty or of any British Dominion or Colony and has served out of the country wherein he enlisted or otherwise became a member of such force in a theatre of actual war; and has been otherwise than dishonourably discharged from such force, or has been permitted honourably to resign or retire therefrom, or, without fault on his part, has been dispensed from further service therein; and the widow of any person who died on active service and who, but for his death, might be a settler as now defined, shall be capable of being a settler in her deceased husband’s right: Provided that, notwithstanding anything in this Act, settlers of the class numbered (iii) in this definition may be required by the Board to provide a larger cash down payment in case of purchase of property from the Board or to provide greater or other security in case of an advance or loan received from the Board, than is by this Act authorized or required with respect to settlers generally; Provided further that the word “settler” as applicable to the class of persons numbered (iii) in this definition shall be deemed to include male settlers only; ( settler to mean male member only of certain military forces)
Soldier Settlement Act — S-12.8 (t)
(t) soldier grant means a free entry on Dominion lands, granted by the Minister to a settler recommended by the Board;
Soldier Settlement Act — S-12.8 (u)
(u) special settler means a settler as defined in this section, who, in the opinion of the Board, has had adequate and successful farming experience in Canada, and who is possessed of qualifications or equipment which, in the opinion of the Board, specially fit him for success as a farmer;
Soldier Settlement Act — S-12.8 (v)
(v) standard date means the first day of October in Manitoba and the provinces west thereof, and the first day of November in the provinces east of Manitoba;
Soldier Settlement Act — S-12.8 (w)
(w) this Act and Act and former Act includes regulations lawfully made thereunder;
Soldier Settlement Act — S-12.8 (x)
(x) the war means the war declared by His Majesty on the fourth day of August, one thousand nine hundred and fourteen, against the Empire of Germany and, subsequently, against other powers.
Soldier Settlement Act — S-12.8 3
The Director of Soldier Settlement 3 (1) The person who from time to time holds the office of the Deputy Minister of Veterans Affairs or such person as the Deputy Minister may designate is, by virtue of holding that office or by virtue of that designation, as the case may be, the Director of Soldier Settlement. Powers of Director Transportation (2) The Director of Soldier Settlement shall have and exercise all the powers and authority heretofore vested in the Soldier Settlement Board, and shall have and be accorded the same rights or privileges as to transportation free or at reduced rates upon railways as are from time to time enjoyed by a deputy head of a department. Salary (3) There shall be paid monthly to the Director of Soldier Settlement such salary and at such rate per annum as the Governor in Council shall fix and allow. Reference to the Board deemed a reference to the Director (4) In this Act and in any regulations made under it, unless the context otherwise requires, any reference to the Board or to any Commissioner of the Board shall be deemed to be a reference to the Director of Soldier Settlement. (5) [Repealed, 2000, c. 34, s. 47] R.S., 1927, c. 188, s. 3; 1931, c. 53, s. 3; 2000, c. 34, s. 47
Soldier Settlement Act — S-12.8 4
Director to be a corporation sole and agent of Crown in right of Canada 4 (1) For the purposes of acquiring, holding, conveying and transferring and of agreeing to convey, acquire or transfer any of the property which he is by this Act authorized to acquire, hold, convey, transfer, agree to convey or agree to transfer, but for such purposes only the Director of Soldier Settlement shall be a corporation sole and as such the agent of the Crown in the right of the Dominion of Canada, except as hereinafter provided. Property to vest in the Director Director not subject to enactment respecting corporations (2) All property acquired for any of the purposes of this Act shall vest in the Director of Soldier Settlement as such corporation sole; but these provisions shall not in anywise restrict, impair or affect the powers conferred upon the Director of Soldier Settlement generally by this Act nor subject him to the provisions of any enactment of the Dominion or of any province respecting corporations. Seal of Director (3) The Director of Soldier Settlement in his corporate capacity shall have an impress seal inscribed with the words “The Director of Soldier Settlement of Canada” and showing the coat of arms of Canada. Execution of documents Evidence (4) All documents which require execution by the Director of Soldier Settlement in his corporate capacity shall be deemed validly executed if the said seal is affixed and the name of the Director of Soldier Settlement is signed thereto, the whole in the presence of one other person who has subscribed his name as witness; and every document which purports to have been impressed with the seal of the Soldier Settlement Board and sealed and signed in the presence of a witness by a commissioner on behalf of the said Board or which purports to be impressed with the seal of the Director of Soldier Settlement and to be sealed and signed in the presence of a witness by the Director of Soldier Settlement shall be admissible in evidence in all courts in Canada without proof of any such seal or of such sealing or signing. Land deemed to be held by Director as corporation sole (5) Any land vested in the Director of Soldier Settlement in respect of which an assessment has been duly made by a taxing authority at any time since the first day of January, 1933, is hereby declared for the purpose of recourse to the land itself for realization for taxes based upon such assessment and for such purpose only to be and from the said first day of January, 1933, to have been held by the said Director of Soldier Settlement as such corporation sole and not as an agent of the Crown in the right of the Dominion of Canada. R.S., 1927, c. 188, s. 4; 1931, c. 53, s. 4; 1934, c. 41, ss. 1, 2