GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Defence Services Pension Continuation Act — D-1.3 (a)
service , in the case of a man, includes (a) time served with pay or salary in the public service of Canada under the Air Board prior to the 1st day of April 1924, and (b) time served with pay in the Canadian Air Force prior to the 1st day of April 1924; ( service , dans le cas d’un homme)
Defence Services Pension Continuation Act — D-1.3 (a)
service , in the case of an officer, includes (a) time served with pay or salary in the public service of Canada under the Air Board prior to the 1st day of April 1924, (b) time served with pay in the Canadian Air Force prior to the 1st day of April 1924, and (c) half the time served in the Canadian Air Force other than as mentioned in paragraph (b) or in the Royal Canadian Air Force other than the force, but the time to be credited under this paragraph shall in no case exceed ten years, and if an officer’s pension is increased by reason of this paragraph, then in addition to the deductions mentioned in section 9, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under this paragraph, such annual deductions to be equal to five per cent of the pay that the officer was receiving at the time of his retirement from the force. ( service , dans le cas d’un officier)
Defence Services Pension Continuation Act — D-1.3 42
Compassionate allowance to child 42 With respect to the payment of a compassionate allowance to the child of an officer under this Act, the allowance so payable shall be by reference to the equivalent Air Force rank held. R.S., 1952, c. 63, s. 41
Defence Services Pension Continuation Act — D-1.3 43
Time and duration of payment 43 Pensions and compassionate allowances granted under this Act are, unless otherwise ordered by the Governor in Council, payable in equal monthly instalments in arrears, and unless otherwise specified by this Act shall continue during the lifetime of the recipient and thereafter until the end of the month during which he dies. 1959, c. 21, s. 35
Defence Services Pension Continuation Act — D-1.3 44
Fractions of years 44 For the purpose of computing pensions or gratuities, fractions of years of service shall be counted. 1959, c. 21, s. 35
Defence Services Pension Continuation Act — D-1.3 45
Act not applicable to certain persons 45 This Act does not apply to officers or militiamen who were not in the forces on the 31st day of March 1946 and who were or are appointed to or enlisted in the forces subsequent to that day and who have not been granted a pension under this Act. R.S., 1952, c. 63, s. 44
Defence Services Pension Continuation Act — D-1.3 46
“Service” 46 For the purpose of computing a pension under any of Parts I to III with respect to an officer, “service” in any such Part, in addition to any periods specified in Parts I to III, includes any continuous period of full-time service of six months or more in the naval, army or air forces of His Majesty raised in Canada other than the forces as defined in such Part, under such circumstances and to such extent as the Governor in Council may by regulation prescribe, but such service may not be counted as service under any other provision of any of such Parts, except to the extent prescribed by paragraph 7(a), paragraph (b) of the definition “service” in the case of an officer, in subsection 37(1) or paragraph (c) of the definition “service” in the case of an officer, in section 41, for the purpose of determining eligibility for pension. R.S., 1952, c. 310, s. 4; 1953-54, c. 13, s. 2
Defence Services Pension Continuation Act — D-1.3 47
Regulations 47 The Governor in Council may make regulations (a) prescribing the extent to which and the manner in which any person in receipt of a pension under any of Parts I to III who, after his retirement from the forces, is appointed to a position in the public service of Canada or is appointed to or enlists in the naval, army or air forces of Canada, may count that additional service for the purpose of computing his pension under such Part; and (b) providing for payment out of the Consolidated Revenue Fund, upon the death of any person in respect of whom any pension or compassionate allowance becomes payable under any of Parts I to III upon application to the Minister by or on behalf of any successor thereunder to whom any such pension or allowance becomes payable, of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the successor as is determined in accordance with the regulations to be attributable to that pension or allowance, and prescribing the amounts by which and the manner in which any such pension or allowance shall be reduced. 1953-54, c. 13, s. 3; 1959, c. 21, s. 36
Defence Services Pension Continuation Act — D-1.3 48
Offence 48 Any person who knowingly makes any statement or gives any information that is false in any material particular for the purpose of obtaining, either for himself or for any other person, any payment under any of Parts I to III is guilty of an indictable offence and is liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars, or to both. 1955, c. 28, s. 17
Defence Services Pension Continuation Act — D-1.3 49
Recovery of debit balance in pay account of former member 49 (1) Any debit balance in the pay account of a former member of the forces may be recovered from any pension or gratuity to which he is entitled under any of Parts I to III or from any amount that becomes payable under any of Parts I to III to his service estate, whether such debit balance existed at the time of his retirement or was ascertained after that time. Idem (2) Recovery of a debit balance pursuant to this section shall be effected in such manner and to such extent as may be prescribed by regulations made by the Governor in Council, but, in the case of any pension or gratuity to which a former member of the forces is entitled under any of Parts I to III, such recovery shall not be effected unless notice of the existence of the debit balance and the amount thereof has been given to him or has been forwarded by registered mail addressed to him at his latest known address. Unpaid instalments (3) Where a person who is entitled under any of Parts I to III to contribute in respect of any service and has undertaken to contribute in respect of that service by instalments, ceases to be a member of the forces before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty, including any pension or gratuity payable to him under any of Parts I to III, until such time as all the instalments have been paid or the contributor dies, whichever occurs first. 1959, c. 21, s. 37
Defence Services Pension Continuation Act — D-1.3 50
Pension to include amount of augmentation 50 (1) For the purposes of this Act, the pension payable to a recipient under any of Parts I to III is the pension otherwise payable to the recipient thereunder, plus any amount by which that pension was, by Order in Council P.C. 77/8785 of the 26th day of September 1942 made under the War Measures Act , authorized to be augmented, which Order shall, for the purposes of this Act, be deemed to have been made under a provision of this section that, at the time when the Order was made, authorized the making thereof, and to have continued in effect thereafter, in respect of any service before the 31st day of March 1947 in respect of which such augmentation was authorized, notwithstanding the revocation of such Order on the 31st day of March 1947. Public Service Pension Adjustment Act (2) For the purposes of the Public Service Pension Adjustment Act , a pension equal to the amount by which any pension otherwise payable to a recipient under any of Parts I to III was authorized as described in subsection (1) to be augmented shall be deemed to be payable to the recipient under this section, in the same manner, at the same time, for and in respect of the same period and subject to the same terms and conditions as the pension authorized to be augmented. R.S., 1970, c. D-3, s. 50; 1974-75-76, c. 81, s. 106(F)
Defence Services Pension Continuation Act — D-1.3 51
Regulations 51 The Governor in Council may make regulations (a) providing for the counting as service under any of Parts I to III of service as a member of the Canadian Forces after the coming into force of Part I of the Canadian Forces Reorganization Act to the extent provided under this Act for the counting of service in the naval, army or air forces of Canada; and (b) for the making of such other adaptations of any of the provisions of this Act as are necessary in order to give effect to those provisions in relation to sections 14 to 17, subsections 20(1) and (2), and section 21 of the National Defence Act . R.S., 1970, c. D-3, s. 51; 1974-75-76, c. 81, s. 53
Defence Services Pension Continuation Act — D-1.3 34
Resumption of allowances to spouses 34 Where, before the coming into force of this Act, payment of an allowance, annuity or pension to a spouse or surviving spouse was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to subsection 25(2) of the Public Service Superannuation Act , section 27 of the Canadian Forces Superannuation Act , subsection 30(2) of the Defence Services Pension Continuation Act , subsection 9(5) of the Diplomatic Service (Special) Superannuation Act , subsection 14(2), 19(4) or 31(5) of the Members of Parliament Retiring Allowances Act , subsection 38.1(2) or 39(2) of the Members of Parliament Retiring Allowances Act , R.S.C. 1970, c. M-10 (as amended by R.S.C. 1970, c. 25 (1st Supp.), ss. 14 and 15), subsection 24(2) of the Royal Canadian Mounted Police Pension Continuation Act or section 16 of the Royal Canadian Mounted Police Superannuation Act , as that provision read from time to time before the coming into force of this Act, payment of the allowance, annuity or pension, as the case may be, to the spouse or surviving spouse shall, subject to that Act, be resumed on and with effect from the day on which this Act comes into force.
Defence Services Pension Continuation Act — D-1.3 Idem
Idem (2) Where, before the coming into force of this Act, payment of an allowance to a child did not commence or ceased because the child had married or reached the age of eighteen, pursuant to section 31 of the Defence Services Pension Continuation Act or section 25 of the Royal Canadian Mounted Police Pension Continuation Act , as that section read from time to time before the coming into force of this Act, payment of the allowance to the child shall, subject to that Act, commence or be resumed, as the case may be, on and with effect from the day on which this Act comes into force.
Defence Services Pension Continuation Act — D-1.3 Transitional — application of certain provisions
Transitional — application of certain provisions (2) Sections 208, 209, 214, 215, 218, 219, 222 and 223 apply only with respect to officers and former officers who die on or after the day on which this subsection comes into force.
Déline Final Self-Government Agreement Act — D-1.5 Preamble
Preamble Whereas the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada;
Déline Final Self-Government Agreement Act — D-1.5
Whereas the Sahtu Dene and Metis Comprehensive Land Claim Agreement, signed on September 6, 1993, provides for the negotiation of self-government agreements among the Sahtu Dene and Metis, the Government of Canada and the Government of the Northwest Territories;
Déline Final Self-Government Agreement Act — D-1.5
Whereas the Sahtu Dene and Metis Comprehensive Land Claim Agreement provides that self-government negotiations will address the desire of the Sahtu Dene and Metis to have self-government exercised as close to the community level as is reasonably possible;
Déline Final Self-Government Agreement Act — D-1.5
Whereas the Sahtu Dene and Metis of Déline, as represented by the Déline First Nation Band and the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories have negotiated the Déline Final Self-Government Agreement in accordance with chapter 5 and Appendix B of the Sahtu Dene and Metis Comprehensive Land Claim Agreement;
Déline Final Self-Government Agreement Act — D-1.5
Whereas the Sahtu Dene and Metis of Déline approved the Déline Final Self-Government Agreement by a vote held on March 10, 11 and 12, 2014;
Déline Final Self-Government Agreement Act — D-1.5
And whereas the Déline Final Self-Government Agreement requires that legislation be enacted by the Parliament of Canada in order for that Agreement to be ratified;
Déline Final Self-Government Agreement Act — D-1.5
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Déline Final Self-Government Agreement Act — D-1.5 1
Short title 1 This Act may be cited as the Déline Final Self-Government Agreement Act .
Déline Final Self-Government Agreement Act — D-1.5 2
Definitions 2 The following definitions apply in this Act. Déline Agreement means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it. ( accord de Deline ) Déline First Nation Band has the same meaning as in chapter 1 of the Déline Agreement. ( bande de la Première Nation de Deline ) Déline Got’ine Government means the government established in accordance with chapter 3 of the Déline Agreement. ( gouvernement Gotine de Deline ) Déline Land Corporation has the same meaning as in chapter 1 of the Déline Agreement. ( société foncière de Deline ) Déline law has the meaning assigned by the definition DGG Law in chapter 1 of the Déline Agreement. ( loi de Deline ) Déline Tax Treatment Agreement means the tax treatment agreement referred to in 22.3.1 of the Déline Agreement, including any amendments made to it. ( accord sur le traitement fiscal de Deline ) Sahtu Agreement means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act . ( accord du Sahtu )
Déline Final Self-Government Agreement Act — D-1.5
Déline Agreement means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it. ( accord de Deline )
Déline Final Self-Government Agreement Act — D-1.5
Déline First Nation Band has the same meaning as in chapter 1 of the Déline Agreement. ( bande de la Première Nation de Deline )
Déline Final Self-Government Agreement Act — D-1.5
Déline Got’ine Government means the government established in accordance with chapter 3 of the Déline Agreement. ( gouvernement Gotine de Deline )
Déline Final Self-Government Agreement Act — D-1.5
Déline Land Corporation has the same meaning as in chapter 1 of the Déline Agreement. ( société foncière de Deline )
Déline Final Self-Government Agreement Act — D-1.5
Déline law has the meaning assigned by the definition DGG Law in chapter 1 of the Déline Agreement. ( loi de Deline )
Déline Final Self-Government Agreement Act — D-1.5
Déline Tax Treatment Agreement means the tax treatment agreement referred to in 22.3.1 of the Déline Agreement, including any amendments made to it. ( accord sur le traitement fiscal de Deline )
Déline Final Self-Government Agreement Act — D-1.5
Sahtu Agreement means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act . ( accord du Sahtu )
Déline Final Self-Government Agreement Act — D-1.5 3
Status of Déline Agreement 3 The Déline Agreement is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982 .
Déline Final Self-Government Agreement Act — D-1.5 4
Déline Agreement given effect 4 (1) The Déline Agreement is approved, given effect and declared valid and has the force of law. Rights and obligations (2) For greater certainty, a person or entity has the powers, rights, privileges and benefits conferred on the person or entity by the Déline Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or entity by the Déline Agreement. Third parties (3) For greater certainty, the Déline Agreement is binding on, and may be relied on by, all persons and entities.
Déline Final Self-Government Agreement Act — D-1.5 5
Déline Agreement prevails 5 (1) Subject to section 6 , the Déline Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them. Act prevails (2) Subject to section 7 , this Act prevails over any other federal law to the extent of any conflict between them.
Déline Final Self-Government Agreement Act — D-1.5 6
Inconsistency with Déline Agreement 6 The Sahtu Dene and Metis Land Claim Settlement Act and the Sahtu Agreement prevail over the Déline Agreement to the extent of any inconsistency between that Act and the Déline Agreement or between the Sahtu Agreement and the Déline Agreement.
Déline Final Self-Government Agreement Act — D-1.5 7
Inconsistency with this Act 7 The Sahtu Dene and Metis Land Claim Settlement Act and the Sahtu Agreement prevail over this Act to the extent of any inconsistency between that Act and this Act or between the Sahtu Agreement and this Act.
Déline Final Self-Government Agreement Act — D-1.5 8
Inconsistency with Déline law 8 The Sahtu Dene and Metis Land Claim Settlement Act and the Sahtu Agreement prevail over Déline law to the extent of any inconsistency between that Act and Déline law or between the Sahtu Agreement and Déline law.
Déline Final Self-Government Agreement Act — D-1.5 9
Capacity of natural person 9 The Déline Got’ine Government is a legal entity and has the capacity, rights, powers and privileges of a natural person.
Déline Final Self-Government Agreement Act — D-1.5 10
Force of law 10 Déline law that is made in accordance with the Déline Agreement has the force of law.
Déline Final Self-Government Agreement Act — D-1.5 11
Meaning of Déline First Nation Citizen 11 (1) In this section, Déline First Nation Citizen has the meaning assigned by the definition DFN Citizen in chapter 1 of the Déline Agreement. Indian Act (2) Subject to 2.8 of the Déline Agreement, the Indian Act does not apply to the Déline Got’ine Government or to Déline First Nation Citizens as of the day on which section 4 comes into force.
Déline Final Self-Government Agreement Act — D-1.5 12
Statutory Instruments Act 12 A Déline law is not a statutory instrument for the purposes of the Statutory Instruments Act .
Déline Final Self-Government Agreement Act — D-1.5 13
Déline Tax Treatment Agreement 13 The Déline Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.
Déline Final Self-Government Agreement Act — D-1.5 14
Clarification 14 The Déline Tax Treatment Agreement does not form part of the Déline Agreement and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982 .
Déline Final Self-Government Agreement Act — D-1.5 15
Judicial notice — Agreements 15 (1) Judicial notice must be taken of the Déline Agreement and the Déline Tax Treatment Agreement. Publication (2) The Déline Agreement and the Déline Tax Treatment Agreement must be published by the Queen’s Printer. Evidence (3) A copy of the Déline Agreement or the Déline Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.
Déline Final Self-Government Agreement Act — D-1.5 16
Judicial notice — Déline law 16 (1) Judicial notice must be taken of any Déline law that is registered in the public registry referred to in 3.7 of the Déline Agreement. Evidence (2) A copy of any Déline law purporting to be deposited in the public registry referred to in 3.7 of the Déline Agreement is evidence of that law and of its contents, unless the contrary is shown.
Déline Final Self-Government Agreement Act — D-1.5 17
Meaning of institutions 17 (1) In this section, institutions has the meaning assigned by the definition Institutions of the DGG in chapter 1 of the Déline Agreement. Federal Courts Act (2) The Déline Got’ine Government and its institutions are not federal boards, commissions or other tribunals as defined in subsection 2(1) of the Federal Courts Act . Jurisdiction  — Supreme Court of Northwest Territories (3) The Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine applications for judicial review of the decisions of the Déline Got’ine Government or its institutions, except if an agreement made in accordance with 22.2.2 of the Déline Agreement provides otherwise.
Déline Final Self-Government Agreement Act — D-1.5 18
Notice of issues arising 18 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Déline Agreement, of this Act, of the Act of the legislature of the Northwest Territories that gives effect to the Déline Agreement or of any Déline law, then the issue must not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of the Northwest Territories and the Déline Got’ine Government. Content and timing (2) The notice must (a) describe the proceeding; (b) state the subject matter of the issue; (c) state the day on which the issue is to be argued; (d) give the particulars that are necessary to show the point to be argued; and (e) be served at least 14 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) The Attorney General of Canada, the Attorney General of the Northwest Territories and the Déline Got’ine Government may appear and participate in any proceeding in respect of which subsection (1) applies as parties with the same rights as any other party. Clarification (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Déline Final Self-Government Agreement Act — D-1.5 19
Retroactive effect 19 Despite subsection 4(1), 2.5.1 and 4.6 of the Déline Agreement, chapter 31 of that Agreement and 2.1, 2.2, 3.3, 5.1 and 5.2 of schedule C to that Agreement are deemed to have effect as of October 1, 2013.
Déline Final Self-Government Agreement Act — D-1.5 20
Orders and regulations 20 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Déline Agreement or of any other agreements that are related to the implementation of the Déline Agreement.
Déline Final Self-Government Agreement Act — D-1.5 Order in council
Order in council * 43 The provisions of this Act, other than sections 19 and 42 , come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 1 to 18 and 20 to 41 in force September 1, 2016, see SI/2016-22.]
Dental Benefit Act — D-1.55 Preamble
Preamble Whereas the cost of dental care services is of particular concern for Canadians, as many have no access to a dental services plan and do not use those services because of the cost;
Dental Benefit Act — D-1.55
Whereas a lack of access to dental care services not only causes harm to children but also has an impact on the health care system, with dental surgeries being regularly performed in pediatric hospitals;
Dental Benefit Act — D-1.55
And whereas the Government of Canada recognizes the need to provide interim dental benefits for children under 12 years old while working towards the development of a long term national dental care program;