GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Ballast Water Regulations — 13
Alternative methods 13 A vessel may, instead of conducting ballast water management to meet the ballast water exchange standard or the ballast water performance standard, as applicable, (a) conduct ballast water management in accordance with an alternative method referred to in regulation B-3.7 of the Annex if that method has been approved in accordance with the requirements of that regulation; or (b) release potable water, taken on board as ballast water from a public or commercial source in Canada or the United States, into waters under Canadian jurisdiction or on the high seas if it has not been mixed with other ballast water, including residual amounts, or with sediments.
Ballast Water Regulations — 14
Areas for exchange 14 (1) A vessel that enters waters under Canadian jurisdiction from waters other than the United States’ waters of the Great Lakes Basin and that conducts ballast water management to meet the ballast water exchange standard must conduct the exchange (a) in an area that is at least 200 nautical miles from the nearest land and where water depth is at least 2 000 m; (b) in an area described in, and in accordance with, regulation B-4.1 of the Annex, if the vessel cannot meet the requirements of paragraph (a); or (c) in one of the alternate ballast water exchange areas designated by the Minister in TP 13617, if the vessel cannot meet the requirements of paragraph (a) or (b). Record keeping (2) The master of a vessel that does not comply with subsection (1) must enter the reasons in the ballast water record book.
Ballast Water Regulations — 15
Exchange requirement 15 (1) In addition to meeting the requirements of the Convention, a vessel that conducts ballast water management to meet the ballast water performance standard must not release ballast water in Canadian fresh waters described in TP 13617 unless that ballast water was first exchanged in accordance with the ballast water exchange standard (a) in an area, and in the manner, described in subsection 14 (1), if the sequential method — as described in the 2017 Guidelines for ballast water exchange (G6) , published by the International Maritime Organization — was used; or (b) on the high seas, in any other case. Exception (2) Subsection (1) does not apply if the ballast water to be released was taken on board in waters under Canadian jurisdiction, in the United States’ waters of the Great Lakes Basin or in waters in an area described in subsection 14 (1) and has not been mixed with residual amounts taken elsewhere than from those waters. Exception — extraordinary conditions (3) A vessel is not required to exchange ballast water in accordance with subsection (1) if the master determines, on reasonable grounds, that the exchange would threaten the safety or stability of the vessel, its crew or its passengers because of adverse weather, vessel design or stress, equipment failure or any other extraordinary conditions. Record keeping (4) The master of a vessel that does not comply with subsection (1) must enter the reasons in the ballast water record book.
Ballast Water Regulations — 16
Residual amounts 16 (1) In addition to meeting the requirements of the Convention, a vessel that conducts ballast water management to meet the ballast water exchange standard must conduct a saltwater flushing of tanks that contain only residual amounts unless those residual amounts were taken on board in accordance with the ballast water exchange standard and subsection 14 (1). Saltwater flushing (2) For the purposes of subsection (1), saltwater flushing consists of the following measures undertaken in the following order: (a) the addition of water to the ballast tanks in accordance with the requirements for ballast water exchange set out in subsection 14 (1); (b) the mixing, through the motion of the vessel, of the water added under paragraph (a) with the residual amounts and any sediments that have settled in the tanks; and (c) the release, in accordance with the requirements for ballast water exchange set out in subsection 14 (1), of the waters mixed under paragraph (b) so that the salinity of the resulting residual amounts in the tanks exceeds 30 parts per thousand or is as close as possible to 30 parts per thousand.
Ballast Water Regulations — 17
Minister’s approval 17 Any ballast water management system used on a Canadian vessel or a Canadian pleasure craft must be approved by the Minister in accordance with regulation D-3 of the Annex.
Ballast Water Regulations — 18
Type Approval Certificate 18 A vessel must keep on board a copy of the Type Approval Certificate issued in respect of a ballast water management system installed on the vessel that evidences the system’s approval under regulation D-3 of the Annex.
Ballast Water Regulations — 19
Statement of Compliance 19 A vessel that is participating in one of the programs referred to in regulation D-4 of the Annex must hold and keep on board a valid Statement of Compliance referred to in the Guidelines for approval and oversight of prototype ballast water treatment technology programmes (G10) , published by the International Maritime Organization.
Ballast Water Regulations — 20
IBWM Certificate 20 Every vessel to which regulation E-1 of the Annex applies must hold and keep on board a valid IBWM Certificate.
Ballast Water Regulations — 21
Issuance of certificate 21 On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft, the Minister must issue an IBWM Certificate to the vessel or pleasure craft if the requirements of an initial or renewal inspection set out in section E of the Annex are met.
Ballast Water Regulations — 22
Endorsements 22 A Canadian vessel or a Canadian pleasure craft that holds an IBWM Certificate must ensure that the certificate is endorsed by the Minister as required by section E of the Annex.
Ballast Water Regulations — 23
Equivalent document 23 A vessel that is entitled to fly the flag of a state that is not a party to the Convention must not take on board or release ballast water in waters under Canadian jurisdiction unless that vessel holds and keeps on board a document issued by or on behalf of the government of that state that certifies that the vessel meets the requirements of the Convention.
Ballast Water Regulations — 24
Canadian Ballast Water Reporting Form 24 The master of a vessel that is bound for a port, offshore terminal or anchorage area in Canada must, in the manner specified by the Minister, submit a completed Canadian Ballast Water Reporting Form to the Minister.
Ballast Water Regulations — 27
27 The Ballast Water Control and Management Regulations 3 are repealed. 3 SOR/2011-237
Ballast Water Regulations — 28
Registration 28 These Regulations come into force on the day on which they are registered.
Nicotine Concentration in Vaping Products Regulations — (a)
His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, makes the annexed Nicotine Concentration in Vaping Products Regulations pursuant to (a) sections 7.8 a , 17 b and 33 c of the Tobacco and Vaping Products Act d ; and a S.C. 2018, c. 9, s. 12 b S.C. 2018, c. 9, s. 22 c S.C. 2018, c. 9, s. 44 d S.C. 1997, c. 13; S.C. 2018, c. 9, s. 2 (b) section 37 e of the Canada Consumer Product Safety Act f . e S.C. 2016, c. 9, s. 67 f S.C. 2010, c. 21
Nicotine Concentration in Vaping Products Regulations — (a)
(a) sections 7.8 a , 17 b and 33 c of the Tobacco and Vaping Products Act d ; and a S.C. 2018, c. 9, s. 12 b S.C. 2018, c. 9, s. 22 c S.C. 2018, c. 9, s. 44 d S.C. 1997, c. 13; S.C. 2018, c. 9, s. 2
Nicotine Concentration in Vaping Products Regulations — (b)
(b) section 37 e of the Canada Consumer Product Safety Act f . e S.C. 2016, c. 9, s. 67 f S.C. 2010, c. 21
Nicotine Concentration in Vaping Products Regulations — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Tobacco and Vaping Products Act . ( Loi ) vaping substance has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Act. ( substance de vapotage )
Nicotine Concentration in Vaping Products Regulations — Nicotine Concentration in Vaping Products Regulations
Act means the Tobacco and Vaping Products Act . ( Loi )
Nicotine Concentration in Vaping Products Regulations — Nicotine Concentration in Vaping Products Regulations
vaping substance has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Act. ( substance de vapotage )
Nicotine Concentration in Vaping Products Regulations — 2
Retail sale — vaping products 2 (1) These Regulations apply to every vaping product that is intended for retail sale in Canada, as well as to its packaging. Vaping products — otherwise furnished (2) These Regulations also apply to every vaping product that is intended to be otherwise furnished, in Canada, at a point of sale that is a retail establishment where vaping products are ordinarily sold, as well as to the packaging of such a vaping product.
Nicotine Concentration in Vaping Products Regulations — 3
Non-application 3 These Regulations do not apply to a vaping product that is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale.
Nicotine Concentration in Vaping Products Regulations — 4
Standard — maximum nicotine concentration 4 (1) For the purposes of section 7.2 of the Act, a vaping product must not contain nicotine in a concentration that exceeds 20 mg/mL when the vaping substance is tested using the International Organization for Standardization standard ISO 20714, entitled E-liquid — Determination of nicotine, propylene glycol and glycerol in liquids used in electronic nicotine delivery devices — Gas chromatographic method , as amended from time to time. Conversion of units of measure (2) The nicotine concentration expressed in mg/mL must be obtained by multiplying the results of the test conducted in accordance with ISO 20714, expressed in mg/g, by the density of the vaping substance, expressed in g/mL. Interpretation — vaping substance (3) For the purposes of these Regulations, a reference to “e-liquid” in ISO 20714 must be read as a reference to “vaping substance”.
Nicotine Concentration in Vaping Products Regulations — 5
Prohibitions — packaging and sale 5 For the purposes of section 30.45 of the Act, a vaping product must not be packaged or sold in a package that displays a nicotine concentration statement, referred to in section 5 of the Vaping Products Labelling and Packaging Regulations , that indicates that the nicotine concentration in the vaping substance exceeds 20 mg/mL.
Nicotine Concentration in Vaping Products Regulations — 6
Retailers 6 Despite these Regulations, a retailer may, until the day that is the 15th day after the day on which these Regulations come into force, sell a vaping product that is packaged in a manner that is contrary to section 5.
Nicotine Concentration in Vaping Products Regulations — 15th day after publication
15th day after publication * 9 These Regulations come into force on the 15th day after the day on which they are published in the Canada Gazette , Part II. * [Note: Regulations in force July 8, 2021.]
Regulations Defining “official development assistance” — Regulations Defining “official development assistance”
Whereas the Administrator in Council has taken into account, among other things, the most recent definition of “official development assistance” formulated by the Development Assistance Committee of the Organisation for Economic Co-operation and Development;
Regulations Defining “official development assistance” — a
Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister for International Development, pursuant to section 3.1 a of the Official Development Assistance Accountability Act b , makes the annexed Regulations Defining “official development assistance” . a S.C. 2018, c. 27, s. 657 b S.C. 2008, c. 17
Regulations Defining “official development assistance” — 1
Definition of official development assistance 1 (1) For the purposes of the Official Development Assistance Accountability Act , official development assistance means international assistance that (a) meets the criteria set out in the definition “official development assistance” or “ODA” published on the website of the Organisation for Economic Co-operation and Development, as amended from time to time; or (b) meets the criteria set out in subsection 4(1.1) of that Act. Incorporation of amendments (2) For the purposes of paragraph (1)(a), any amendment to the definition “official development assistance” on the website of the Organisation for Economic Co-operation and Development is incorporated only when the amendment is available in both official languages.
Regulations Defining “official development assistance” — S.C. 2018, c. 27
S.C. 2018, c. 27 * 2 These Regulations come into force on the day on which section 657 of the Budget Implementation Act, 2018, No. 2 comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force April 1, 2022, see SI/2021-29.]
College of Patent Agents and Trademark Agents Regulations — a
His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 46(1)(d) and sections 72, 76 and 86 of the College of Patent Agents and Trademark Agents Act a , makes the annexed College of Patent Agents and Trademark Agents Regulations . a S.C. 2018, c. 27, s. 247
College of Patent Agents and Trademark Agents Regulations — 1
Definition of Act 1 In these Regulations, Act means the College of Patent Agents and Trademark Agents Act .
College of Patent Agents and Trademark Agents Regulations — 2
Conditions for Investigations Committee and Discipline Committee members 2 The majority of the members of the Investigations Committee and of the Discipline Committee, established under subsection 21(1) of the Act, must be individuals who (a) are not licensees; and (b) are not employed by a department , as defined in section 2 of the Financial Administration Act .
College of Patent Agents and Trademark Agents Regulations — 3
Committee administering licensing requirements 3 The committee of the College that is established to administer the requirements, including a qualifying exam, that are to be met in order to obtain a licence under section 26 or 29 of the Act must (a) be composed of individuals who may be removed at pleasure by the Board; (b) not include any individual who is a member of an association the primary purpose of which is to represent the interests of persons who provide advice on patents or trademarks; (c) include a representative from the Patent Office and the Office of the Registrar of Trademarks; and (d) be subject to a conflict of interest policy established by the Board.
College of Patent Agents and Trademark Agents Regulations — 4
Applicant for patent agent licence — requirements 4 For the purposes of subsection 26(1) of the Act, an individual who makes an application for a patent agent licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) qualifying examinations, (iii) good character and fitness to practise, and (iv) fees.
College of Patent Agents and Trademark Agents Regulations — 5
Patent agent licence — conditions 5 A patent agent licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a patent agent licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees.
College of Patent Agents and Trademark Agents Regulations — 6
Applicant for patent agent in training licence — requirements 6 For the purposes of subsection 26(2) of the Act, an individual who makes an application for a patent agent in training licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) education, (ii) good character and fitness to practise, (iii) fees, and (iv) the provision of administrative forms.
College of Patent Agents and Trademark Agents Regulations — 7
Patent agent in training licence — conditions 7 A patent agent in training licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a patent agent in training licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees.
College of Patent Agents and Trademark Agents Regulations — 8
Applicant for trademark agent licence — requirements 8 For the purposes of subsection 29(1) of the Act, an individual who makes an application for a trademark agent licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) qualifying examinations, (iii) good character and fitness to practise, and (iv) fees.
College of Patent Agents and Trademark Agents Regulations — 9
Trademark agent licence — conditions 9 A trademark agent licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a trademark agent licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees.
College of Patent Agents and Trademark Agents Regulations — 10
Applicant for trademark agent in training licence — requirements 10 For the purposes of subsection 29(2) of the Act, an individual who makes an application for a trademark agent in training licence must (a) be resident in Canada; and (b) meet the requirements for an applicant for such a licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) education, (ii) good character and fitness to practise, (iii) fees, and (iv) the provision of administrative forms.
College of Patent Agents and Trademark Agents Regulations — 11
Trademark agent in training licence — conditions 11 A trademark agent in training licence is subject to the following conditions: (a) the licensee must be resident in Canada; and (b) the licensee must meet the requirements for a holder of a trademark agent in training licence, as set out in the by-laws made by the Board or the College, including requirements with respect to (i) training, (ii) good character and fitness to practise, and (iii) fees.
College of Patent Agents and Trademark Agents Regulations — 12
Application to Federal Court 12 For the purposes of sections 44 to 48 of the Act, an application may be made to the Federal Court by notice of application.
College of Patent Agents and Trademark Agents Regulations — 13
Prescribed period 13 For the purposes of paragraph 46(1)(d) of the Act, the prescribed period is the period of 10 days after the day on which the investigator removes the sealed package containing the document or thing.
College of Patent Agents and Trademark Agents Regulations — 14
Federal Court orders 14 (1) For the purposes of subsection 46(5) of the Act, the Federal Court may make orders respecting the retention, opening or return of sealed packages. Application (2) An investigator or any interested person may apply to the Federal Court for an order referred to in subsection (1). Conditions for opening sealed package (3) Subject to any order made by the Federal Court under subsection (1), a sealed package may be opened if (a) consent is given by the holder of a privilege with respect to that document or thing; or (b) the sealed package was returned to the owner of the document or thing in that sealed package.
College of Patent Agents and Trademark Agents Regulations — 15
Applicable period 15 For the purposes of subsection 47(1) of the Act, the applicable period is the one that ends the latest among the following periods: (a) the period of 30 days after the day on which the investigator took possession of the document or thing; (b) the period of 30 days after the day on which the sealed package containing that document or thing was, or could have been, opened, if applicable; and (c) the period agreed to by the owner of the document or thing in the sealed package and, if applicable, the holder of a privilege with respect to that document of thing.
College of Patent Agents and Trademark Agents Regulations — 16
Representation before Patent Office 16 Subsection 70(1) of the Act does not apply to (a) a person who is permitted to represent another person before the Patent Office under the Patent Rules or under the Patent Act or any other Act of Parliament or any Act of the legislature of a province; (b) an employee who is representing their employer, unless their employer is representing another person; or (c) a person who is performing an administrative activity, if they have the permission of a patent agent, whose licence is not suspended, to perform that activity.
College of Patent Agents and Trademark Agents Regulations — 17
Representation before Office of Registrar of Trademarks 17 Subsection 71(1) of the Act does not apply to (a) a person who is permitted to represent another person before the Office of the Registrar of Trademarks under the Trademarks Regulations or under the Trademarks Act or any other Act of Parliament or any Act of the legislature of a province; (b) an employee who is representing their employer, unless their employer is representing another person; or (c) a person who is performing an administrative activity, if they have the permission of a trademark agent, whose licence is not suspended, to perform that activity.
College of Patent Agents and Trademark Agents Regulations — 18
Authority for College to make by-laws 18 The College is authorized to make by-laws with respect to (a) the conditions that are to be imposed on licences or classes of licences, including a condition that requires a licensee to be of good character and fit to practise; (b) the requirements that individuals or classes of individuals must meet under section 26 or 29 of the Act, including requirements in relation to qualifying examinations, to fees with respect to qualifying examinations and to being of good character and fit to practise; (c) the determination as to what constitutes good character and fitness to practise for the purposes of the conditions and requirements referred to in paragraphs (a) and (b), respectively; and (d) restrictions on the entitlement of licensees or classes of licensees to provide representation under section 27 or 30 of the Act.
College of Patent Agents and Trademark Agents Regulations — 19
Register of Patent Agents — additional information 19 (1) For the purposes of paragraph 28(1)(f) of the Act, the Registrar must include in the Register of Patent Agents the name and contact information of an individual who (a) is a resident of a country other than Canada and is authorized to act as a patent agent under the law of that country; and (b) has made a request in writing to the Registrar to be included in the Register. Register of Patent Agents — annual requirement (2) In order to maintain their name in the Register, an individual referred to in subsection (1) must continue to meet the requirements of paragraph of (1)(a) and must in each year, within the period established by by-laws made by the Board, provide to the Registrar a statement signed by the individual setting out their country of residence and declaring that they are authorized to act as a patent agent under the law of that country.