GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Insurance Board of Appeal Regulations — 18
Joining appeals 18 The Board of Appeal may join two or more appeals together if (a) the appeals raise a common question; and (b) joining the appeals is not unfair to the parties.
Employment Insurance Board of Appeal Regulations — 19
Single notice of appeal 19 (1) A single notice of appeal may be filed on behalf of a group of appellants if the appeal involves a common question that the Commission has dealt with in a reconsideration decision that has been made with respect to each of the appellants. Content (2) The notice of appeal must (a) indicate a single reconsideration decision to be the subject of the appeal, the outcome of which will be binding on all parties; (b) indicate the representative of the group of appellants; and (c) be accompanied by a document that contains (i) each appellant’s full name, social insurance number and identification number of their reconsideration decision, and (ii) each appellant’s signed consent to be part of the group.
Employment Insurance Board of Appeal Regulations — 20
Written arguments 20 Any party who wishes to file written arguments with the Board of Appeal must do so before the scheduled hearing date.
Employment Insurance Board of Appeal Regulations — 21
Late filing of evidence 21 The Board of Appeal must not consider any evidence filed after the hearing unless (a) it requests that the evidence be filed; or (b) a party requests it at the hearing and the Board of Appeal accepts that request and sets a date for the filing of the evidence.
Employment Insurance Board of Appeal Regulations — 22
Information from Commission 22 At any time before the Board of Appeal gives a decision on the appeal, the panel may seek additional information relevant to the appeal from the Commission.
Employment Insurance Board of Appeal Regulations — 23
How to file documents 23 (1) A party who files any document with the Board of Appeal that is required to be filed under the Act, other than a notice of appeal, or any document in support of their position must do so (a) by mail or courier, using the postal address set out on the Board of Appeal’s website; or (b) electronically, using the electronic filing procedure set out on the Board of Appeal’s website. Presumed date of filing (2) Any document filed with the Board of Appeal under subsection (1) is presumed to be filed (a) if filed by ordinary mail, on the date indicated by the date received stamp applied to the document by the Board of Appeal; (b) if filed by registered mail or courier, on the date recorded on the delivery confirmation receipt; and (c) if filed electronically, on the date and at the time indicated by the Board of Appeal’s electronic system.
Employment Insurance Board of Appeal Regulations — 24
Filing and sending documents 24 (1) The Board of Appeal must add any document filed with it by a party to the appeal record and send a copy of it to the other parties to the appeal as soon as feasible unless it is a duplicate of a document previously filed and sent. Presumed date of reception of documents (2) A party is presumed to have received any document sent by the Board of Appeal under subsection (1) if the document is (a) sent by ordinary mail, on the 10th day after the day on which it is mailed; (b) sent by registered mail or courier, on the date recorded on the delivery confirmation receipt; or (c) sent electronically, on the business day following the day on which the document was sent.
Employment Insurance Board of Appeal Regulations — 25
Electronic documents 25 (1) Any electronic document filed with or produced by the Board of Appeal is considered to be the original version of the document. Making, providing and certifying copies (2) The Board of Appeal may, with regard to any document that is filed with it, do any of the following: (a) make an electronic copy that becomes the original document; (b) provide an electronic copy; (c) certify an electronic copy as a true copy.
Employment Insurance Board of Appeal Regulations — 26
Documents not in English or French 26 (1) A party who files a document with the Board of Appeal that is not in English or French must (a) have the document translated into English or French; and (b) file the translated document with the original document. Information to be filed with the translation (2) The following information must be filed with the translated document: (a) the translator’s full name, postal address and, if applicable, their telephone number and email address; and (b) a statement from the translator that the translation is accurate.
Employment Insurance Board of Appeal Regulations — 27
Request for translation of documents 27 (1) If the Commission files a document with the Board of Appeal that is not in a party’s chosen language for the appeal and that did not originate from that party, that party may request the Board of Appeal to provide them with a translation of the document in that language. Commission to file translated documents (2) After a request is made under subsection (1), the Commission must have the document translated and file the translated document with the Board of Appeal.
Employment Insurance Board of Appeal Regulations — 28
Notice of hearing 28 The Board of Appeal must send a notice of hearing to all the parties (a) if a notice of appeal is filed within the period prescribed in subsection 43.11(1) of the Act, as soon as feasible after receiving the documents referred to in section 15 ; and (b) if a notice of appeal is filed after that period and if the Board of Appeal decides to hear the appeal, as soon as feasible after making that decision.
Employment Insurance Board of Appeal Regulations — 29
Region of appellant for hearing 29 (1) For the purposes of subsection 43.16(1) of the Act, an appeal is to be heard in the most suitable region listed in column 2 of the schedule to these Regulations, based on the appellant’s postal address in the appeal record. Other region for hearing (2) However, the Executive Head of the Board of Appeal may authorize that an appeal be heard in a region other than the region referred to in subsection (1) in any of the following circumstances: (a) the appeal would not be heard in a timely manner if heard in the region referred to in subsection (1); (b) hearing the appeal in a different region would facilitate travel of the parties; (c) there is no panel available to hear the appeal in the region referred to in subsection (1); (d) the appeal deals with a common question that involves appellants who are located, based on their postal addresses in the appeal record, in different regions; (e) the appellant requests it; (f) circumstances other than those included in paragraphs (a) to (e) require the appeal to be heard in a different region to ensure the operational efficiency of the Board of Appeal.
Employment Insurance Board of Appeal Regulations — 30
Format of hearing 30 (1) For the purposes of subsection 43.16(2) of the Act, an appeal is to be heard as follows: (a) if the appellant requests that the hearing be held in person, (i) the appellant is to be heard in person by the panel, (ii) the other parties may (A) attend in person, at their own expense, (B) participate by videoconference or teleconference, or (C) elect not to attend; and (b) if the appellant requests that the hearing be held by videoconference or teleconference, does not wish to attend or be present at the hearing or fails to select a preferred hearing format and cannot be reached in this respect, the parties may (i) participate by videoconference or teleconference, or (ii) elect not to attend. Special circumstances (2) Despite subsection (1), if the Board of Appeal determines that an in-person hearing would raise security or health concerns that cannot be prevented or mitigated or would be impractical for operational reasons, the Executive Head of the Board of Appeal may change the format of the hearing and the parties may (a) participate by videoconference or by teleconference; or (b) elect not to attend. Absence of party (3) The Board of Appeal may decide to hold a hearing in the absence of a party who was duly notified of the date, time and format of the hearing and who, without prior notice, fails to appear. No hearing (4) If the Commission and the appellant are the only parties to the appeal and the Commission concedes the appeal, the Board of Appeal may give a decision based on the appeal record without holding a hearing.
Employment Insurance Board of Appeal Regulations — 31
Private hearing 31 For the purposes of subsection 43.16(3) of the Act, the Board of Appeal may, on its own initiative or on request, hold all or part of a hearing in private if it determines that there are no alternative measures that can prevent or mitigate any of the following serious risks that could result from a public hearing: (a) a serious risk that the disclosure of personal information, such as medical information, would cause undue hardship to a person that outweighs the societal interest that the hearing and appeal record be public; (b) a serious risk to the life, liberty or security of a person; (c) a serious risk to the fairness of the proceeding that outweighs the societal interest that the hearing and appeal record be public; or (d) a serious risk to public security.
Employment Insurance Board of Appeal Regulations — 32
Exclusion of persons from a hearing 32 (1) The presiding member may exclude any person from a hearing during which oral evidence concerning a circumstance of sexual or other harassment will be given. Recording made available (2) Any party who chooses to participate in the hearing and who is excluded under subsection (1) must be provided with a copy of the audio recording of oral evidence given at the hearing and an opportunity to respond to the evidence.
Employment Insurance Board of Appeal Regulations — 33
Postponing hearing 33 (1) A party may, as soon as feasible before the scheduled hearing date, request that the Board of Appeal postpone the hearing. New hearing date (2) The Board of Appeal may grant a request made under subsection (1) and set a new hearing date without asking the other parties to present arguments, unless the principles of natural justice require it. Subsequent request (3) If the Board of Appeal grants a party’s first request under subsection (1), it may not grant a further request by the same party unless it is (a) filed at least five business days before the new hearing date; and (b) justified by exceptional circumstances.
Employment Insurance Board of Appeal Regulations — 34
Suspension of appeal 34 (1) The Board of Appeal may suspend an appeal if (a) one or more proceedings are ongoing before the Board of Appeal or another tribunal that raise issues that are similar to those under appeal or that may have a direct impact on the appeal; or (b) it is required by the principles of natural justice. Lifting suspension (2) The Board of Appeal must lift the suspension if the reasons for the suspension set out in subsection (1) no longer exist.
Employment Insurance Board of Appeal Regulations — 35
Abandonment of appeal 35 (1) If the Board of Appeal determines that an appeal has been abandoned under subsection 43.19(1) of the Act, it must inform the parties and end all proceedings. Application to reopen appeal following abandonment (2) An appellant who files an application to reopen an appeal under subsection 43.19(2) of the Act must include (a) their full name, postal address and, if applicable, telephone number and email address; (b) their social insurance number or the identifying number indicated on the reconsideration decision being appealed or, if the appellant is an employer, the business number assigned to them by the Canada Revenue Agency; and (c) the reasons for their failure to communicate with the Board of Appeal.
Employment Insurance Board of Appeal Regulations — 36
Withdrawing appeal 36 (1) An appellant may withdraw their appeal by notifying the Board of Appeal (a) in writing, anytime before the hearing; or (b) orally, anytime during the hearing. Consideration of withdrawal (2) When the Board of Appeal gives a decision under subsection 43.13(1) of the Act, it must take into account a notice of withdrawal filed under paragraph (1)(b).
Employment Insurance Board of Appeal Regulations — 37
Decision made 37 (1) The Board of Appeal must give a decision under subsection 43.13(1) of the Act on the day that the hearing concludes. Majority decision (2) For a decision to be made, a majority of the panel members who heard the appeal must agree and this majority can be obtained by any combination of the panel members. Dissenting opinion (3) The decision must include any dissenting opinion and the reasons for it. Signing of decision (4) The decision must contain the written or electronic signature of each panel member who heard the appeal. Extension of time to give decision (5) For the purposes of section 43.14 of the Act, the Executive Head of the Board of Appeal may extend the time limit set out in subsection (1) for the following special reasons: (a) to respect the principles of natural justice; (b) to consider evidence filed under section 21 ; or (c) to allow the proceeding to occur as simply and efficiently as the circumstances and the principles of natural justice allow.
Employment Insurance Board of Appeal Regulations — S.C. 2023, c. 26
S.C. 2023, c. 26 * 42 (1) Subject to subsection (2), these Regulations come into force on the day on which section 634 of the Budget Implementation Act, 2023, No. 1 comes into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered. S.C. 2023, c. 26 (2) Sections 39 and 41 come into force on the day on which section 635 of the Budget Implementation Act, 2023, No. 1 comes into force. * [Note: Regulations, except sections 39 and 41, in force April 1, 2026, see SI/2026-4.]
Tobacco Charges Regulations — a
Whereas, under subsection 42.1(2) a of the Tobacco and Vaping Products Act b , the Minister of Mental Health and Addictions and Associate Minister of Health has consulted with any persons or entities that that Minister considers to be interested in the matter; a S.C. 2024, c. 15, s. 217 b S.C. 1997, c. 13; S.C. 2018, c. 9, s. 2
Tobacco Charges Regulations — Tobacco Charges Regulations
Therefore, the Minister of Mental Health and Addictions and Associate Minister of Health makes the annexed Tobacco Charges Regulations under subsection 42.1(1) a of the Tobacco and Vaping Products Act b .
Tobacco Charges Regulations — 1
Definitions 1 The following definitions apply in these Regulations. annual charge means the amount, in Canadian dollars, that a designated manufacturer is required to pay during a fiscal year for the purpose of allowing His Majesty in Right of Canada to recover the annual cost base for the previous fiscal year. ( redevance annuelle ) annual cost base means the amount, in Canadian dollars, representing the costs incurred by His Majesty in right of Canada during a fiscal year in relation to the carrying out of the purpose of the Tobacco and Vaping Products Act . ( frais de base annuels ) cigar means a roll or tubular construction intended for smoking, other than a little cigar, that contains a filler composed of natural or reconstituted tobacco and has a wrapper, or a wrapper and a binder, composed of natural or reconstituted tobacco. ( cigare ) cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a cigar, little cigar, tobacco stick or bidi. ( cigarette ) civic address means (a) for an address in Canada, the unit number, civic number, street name, municipality name, province name and postal code; and (b) for an address outside Canada, the unit number, civic number, street name, municipality name, province or state name, postal or ZIP code and country name. ( adresse municipale ) designated manufacturer means an entity in Canada that manufactures or imports tobacco products for retail sale in Canada. It does not include an entity that only packages, labels or distributes those tobacco products. ( fabricant désigné ) fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.  ( exercice ) heated tobacco product means a tobacco product intended for use with a device that is necessary for its use and that heats the tobacco. ( produit du tabac chauffé ) net sales revenue means the value, in Canadian dollars, of a designated manufacturer’s sales of tobacco products — excluding any taxes or duties — during a fiscal year minus the value of any returns of tobacco products during the same fiscal year. It includes the value, in Canadian dollars, of monetary and non-monetary consideration received by the designated manufacturer for sales of tobacco products. ( recette de ventes nettes ) smokeless tobacco means chewing tobacco or snuff. ( tabac sans fumée ) tobacco product does not include papers, tubes or filters intended for use with a tobacco product, a device that is necessary for the use of a tobacco product or the parts that may be used with that device. ( produit du tabac )
Tobacco Charges Regulations — Tobacco Charges Regulations
annual charge means the amount, in Canadian dollars, that a designated manufacturer is required to pay during a fiscal year for the purpose of allowing His Majesty in Right of Canada to recover the annual cost base for the previous fiscal year. ( redevance annuelle )
Tobacco Charges Regulations — Tobacco Charges Regulations
annual cost base means the amount, in Canadian dollars, representing the costs incurred by His Majesty in right of Canada during a fiscal year in relation to the carrying out of the purpose of the Tobacco and Vaping Products Act . ( frais de base annuels )
Tobacco Charges Regulations — Tobacco Charges Regulations
cigar means a roll or tubular construction intended for smoking, other than a little cigar, that contains a filler composed of natural or reconstituted tobacco and has a wrapper, or a wrapper and a binder, composed of natural or reconstituted tobacco. ( cigare )
Tobacco Charges Regulations — Tobacco Charges Regulations
cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a cigar, little cigar, tobacco stick or bidi. ( cigarette )
Tobacco Charges Regulations — (a)
civic address means (a) for an address in Canada, the unit number, civic number, street name, municipality name, province name and postal code; and (b) for an address outside Canada, the unit number, civic number, street name, municipality name, province or state name, postal or ZIP code and country name. ( adresse municipale )
Tobacco Charges Regulations — Tobacco Charges Regulations
designated manufacturer means an entity in Canada that manufactures or imports tobacco products for retail sale in Canada. It does not include an entity that only packages, labels or distributes those tobacco products. ( fabricant désigné )
Tobacco Charges Regulations — Tobacco Charges Regulations
fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.  ( exercice )
Tobacco Charges Regulations — Tobacco Charges Regulations
heated tobacco product means a tobacco product intended for use with a device that is necessary for its use and that heats the tobacco. ( produit du tabac chauffé )
Tobacco Charges Regulations — Tobacco Charges Regulations
net sales revenue means the value, in Canadian dollars, of a designated manufacturer’s sales of tobacco products — excluding any taxes or duties — during a fiscal year minus the value of any returns of tobacco products during the same fiscal year. It includes the value, in Canadian dollars, of monetary and non-monetary consideration received by the designated manufacturer for sales of tobacco products. ( recette de ventes nettes )
Tobacco Charges Regulations — Tobacco Charges Regulations
smokeless tobacco means chewing tobacco or snuff. ( tabac sans fumée )
Tobacco Charges Regulations — Tobacco Charges Regulations
tobacco product does not include papers, tubes or filters intended for use with a tobacco product, a device that is necessary for the use of a tobacco product or the parts that may be used with that device. ( produit du tabac )
Tobacco Charges Regulations — 2
Application 2 These Regulations apply to designated manufacturers in respect of tobacco products sold (a) at retail in Canada; (b) as ships’ stores, in accordance with the Ships’ Stores Regulations ; and (c) to an accredited representative , as defined in section 2 of the Excise Act, 2001 .
Tobacco Charges Regulations — 4
Estimated total net sales revenue 4 (1) If a designated manufacturer did not submit a statement of sales and revenue for a given fiscal year or if the Minister has reasonable grounds to believe that the information provided by a designated manufacturer in its statement is incorrect or incomplete, the Minister may estimate the designated manufacturer’s total net sales revenue using any relevant information that is available to the Minister. Reference to total net sales revenue (2) If a designated manufacturer’s total net sales revenue has been estimated, a reference in these Regulations to that designated manufacturer’s total net sales revenue is to be read as a reference to its estimated total net sales revenue.
Tobacco Charges Regulations — 5
Calculation 5 A designated manufacturer’s annual charge for each fiscal year is to be calculated according to the formula A ÷ B × C where A is the designated manufacturer’s total net sales revenue for the previous fiscal year; B is the aggregate of the total net sales revenue of all designated manufacturers for the previous fiscal year; and C is the annual cost base for the previous fiscal year.
Tobacco Charges Regulations — 6
Previous annual charges 6 (1) If the Minister becomes aware that an annual charge was not previously calculated for a designated manufacturer but should have been calculated, the Minister must calculate that annual charge according to the formula in section 5 . Correction (2) If, based on new information, the Minister has reasonable grounds to believe that it is necessary to correct an annual charge that was previously calculated for a designated manufacturer, the Minister must (a) use the new information to recalculate the annual charge according to the formula in section 5 ; and (b) subtract the amount of the annual charge that was previously calculated from the amount of the annual charge that was recalculated under paragraph (a). Time limit (3) Subsections (1) and (2) do not apply if more than seven years have elapsed since November 30 of the fiscal year following the fiscal year to which the new information relates.
Tobacco Charges Regulations — 7
Payment due date 7 A designated manufacturer must, no later than November 30 of each fiscal year, (a) pay the annual charge that was calculated according to the formula in section 5 and any annual charge that was calculated under subsection 6 (1) if, in the calculation of the annual charge, the designated manufacturer’s total net sales revenue was at least 0.001% of the aggregate of the total net sales revenue of all designated manufacturers; and (b) in the case of an annual charge that was recalculated under paragraph 6 (2)(a) and where the subtraction made under paragraph 6 (2)(b) results in a positive amount, (i) pay that positive amount if, in the previous calculation of the annual charge, the designated manufacturer’s total net sales revenue was at least 0.001% of the aggregate of the total net sales revenue of all designated manufacturers, or (ii) pay the recalculated annual charge if, (A) in the previous calculation of the annual charge, the designated manufacturer’s total net sales revenue was less than 0.001% of the aggregate of the total net sales revenue of all designated manufacturers, and (B) in the recalculation of the annual charge, the designated manufacturer’s total net sales revenue was at least 0.001% of the aggregate of the total net sales revenue of all designated manufacturers.