GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Servants Disclosure Protection Tribunal Rules of Procedure — 8
Language of filed documents 8 A document written in a language that is neither English nor French may be filed only if it is accompanied by a translation of that document into English or French and an affidavit attesting to the accuracy of the translation.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 8.1
Original documents 8.1 If a document is filed by electronic filing, any electronic version of it is, in the absence of evidence to the contrary, considered to be the original of the document. SOR/2015-107, s. 2
Public Servants Disclosure Protection Tribunal Rules of Procedure — 8.2
Electronic version 8.2 If the Tribunal creates an electronic version of a document that is filed by hand, fax or by mail, the electronic version is, in the absence of evidence to the contrary, considered to be the original version of the document. SOR/2015-107, s. 2
Public Servants Disclosure Protection Tribunal Rules of Procedure — 9
Methods of service 9 Service of a document is effected by (a) delivering a copy of the document by hand to the person or, if the person is a partnership, corporation or unincorporated organization, to a partner, officer or director; or (b) sending a copy of the document to the person by email or fax or by mail to the person’s last known address.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 10
Effective day of service 10 (1) Service of a document is effective on the day on which it is delivered. However, service of a document by ordinary mail is effective on the day that is 10 days after the day on which it is mailed. Service after 17:00 hours (2) A document that is served by email or fax after 17:00 hours at the recipient’s local time is deemed to have been delivered on the next day that is not a Saturday or a holiday.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 11
Proof of service 11 (1) Service of a document is proved by any of the following: (a) a written statement that is signed by the person who effected the service; (b) an affidavit of service; or (c) the admission of the person served. Confirmation (2) If service of a document is proved under paragraph (1)(a) or (b), the written statement or affidavit of service must be accompanied by (a) in the case where the document is served by email or fax, a receipt that confirms the successful transmission of the document; and (b) in the case where the document is served by registered mail or courier, a receipt that identifies the day on which the document was delivered.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 12
Motion 12 (1) A person that wishes to be added to the proceedings as an interested person may make a motion for that purpose in accordance with Rules 13 to 18. Considerations (2) In deciding whether or not to add the person to the proceedings, the Tribunal must consider whether (a) they have a substantial interest in the proceedings; (b) their position is already represented in the proceedings; (c) their intervention would serve the public interest or the interests of justice; and (d) their participation would assist the Tribunal in its determination of the issues. Directions (3) If the Tribunal adds the person to the proceedings, the Tribunal must provide directions to them regarding their role in the proceedings.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 13
Submission of question 13 (1) A party may, by motion, submit any procedural or evidentiary question to the Tribunal. Timeliness (2) Except for a motion referred to in subrule 15(1), a party must make a motion as soon as feasible after it determines that there is a need to submit the question to the Tribunal. Directions (3) The Tribunal may provide directions to the parties regarding the time and manner in which it will hear their arguments and receive their evidence.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 14
Correction of defects 14 If the content or service of a document that is filed is defective, the party that filed the document may make a motion to correct the defect.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 15
Confidentiality order 15 (1) A party may make a motion for an order that information contained in a filed document, or that the entire document, be kept confidential. Motion (2) The motion must be made in writing at the time the document is filed. Notice of motion (3) In the notice of motion, the party must identify the information or document for which the order is requested and the harm that would result from its disclosure. Redacted document (4) If the Tribunal orders that information contained in a document is to be kept confidential, the party must provide the registrar with a version of the document that is redacted to reflect the terms of the order and that is marked with the word “NON-CONFIDENTIAL” in bold-faced and capitalized letters. Marking filed document (5) If the Tribunal orders that information contained in a document, or that the entire document, is to be kept confidential, the registrar must mark the filed copy of that document with the word “CONFIDENTIAL” in bold-faced and capitalized letters.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 16
Leave required 16 (1) Leave of the Tribunal is required before a motion can be made orally. Response to oral motion (2) The Tribunal must provide each party that wishes to respond to an oral motion with an opportunity to do so.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 17
Notice of motion 17 A written motion is made by filing a notice of motion that (a) sets out the relief requested by the party and the grounds for the motion; and (b) indicates which other parties, if any, have consented to the relief requested.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 18
Response 18 Within 10 days after the day on which they are served with a notice of motion, a party may file a response that sets out their position regarding the relief sought by the moving party.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 19
Statement for each application 19 A party must file a statement of particulars for each of the following applications made by the Commissioner: (a) an application for a determination of whether or not a reprisal was taken against the complainant and for an order respecting a remedy under paragraph 20.4(1)(a) or (b) of the Act; and (b) if the Tribunal has determined that a reprisal was taken against the complainant, an application for an order respecting disciplinary action under paragraph 20.4(1)(b) of the Act.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 20
All parties 20 (1) A statement of particulars must contain the following information and documents: (a) the party’s position regarding the legal issues raised in the application and regarding the remedy or disciplinary action sought, as the case may be; (b) the material facts that the party intends to prove in the proceedings; (c) regarding documents that are relevant to a matter at issue in the proceedings and that are in the party’s power, possession or control, (i) those documents that the party intends to produce in the proceedings, (ii) a list and description of the documents for which the party claims privilege, and (iii) a list and description of the documents that are not otherwise referred to in subparagraphs (i) and (ii); (d) for each document listed under subparagraph (c)(ii), the grounds for the privilege claimed; (e) regarding documents that are relevant to a matter at issue in the proceedings and that are no longer in the party’s power, possession or control, (i) a list and description of the documents, and (ii) for each document listed, a description of how the party lost power, possession or control of it and, to the best of the party’s knowledge, its current location; (f) the names of the witnesses, other than expert witnesses, that the party intends to call; and (g) if the party intends to call an expert witness, a summary of the issues that will be the subject of the witnesses’ testimony. Commissioner (2) A statement of particulars filed by the Commissioner must also set out the remedy or disciplinary action requested, as the case may be, and the basis for that request. Complainant (3) A statement of particulars filed by the complainant in relation to an application for remedy may include a request for a remedy that is different than that requested by the Commissioner, and if so, the statement must also include the basis for that request. Employer or former employer (4) A statement of particulars filed in relation to an application for remedy by the complainant’s employer or by the person or entity that was the complainant’s employer at the time the alleged reprisal was taken, as the case may be, must — for each material fact raised in the statements of particulars filed by the Commissioner and the complainant — contain a statement indicating whether they admit, deny or have no knowledge of that fact.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 21
Remedy applications 21 In relation to an application for an order respecting a remedy, a party must file its statement of particulars within the following number of days after the date of the registrar’s notice under Rule 6: (a) in the case of the Commissioner, within 20 days after the date of the notice; (b) in the case of the complainant, within 35 days after the date of the notice; (c) in the case of the complainant’s employer or the person or entity that was the complainant’s employer at the time the alleged reprisal was taken, as the case may be, within 50 days after the date of the notice; (d) in the case of the person or persons identified in the application as being the person or persons who may have taken the alleged reprisal, within 50 days after the date of the notice; and (e) in the case of a party that is added to the proceedings under subsection 21.4(3) of the Act, (i) if they are added before the date of the notice, within 50 days after the date of the notice, and (ii) if they are added after the date of the notice, within the later of 50 days after the date of the notice and 20 days after the day on which they are added to the proceedings.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 22
Disciplinary applications — registrar 22 (1) If the Commissioner makes an application for an order respecting disciplinary action under paragraph 20.4(1)(b) of the Act and the Tribunal determines that a reprisal was taken against the complainant, the registrar must (a) serve each party referred to in subsection 21.5(5) of the Act with a copy of the reasons issued by the Tribunal under subsection 21.5(3) of the Act; and (b) after that is completed, provide each party with notice that all parties have been served with the reasons. Disciplinary applications — time limit (2) In relation to an application for an order respecting disciplinary action, a party must file its statement of particulars within the following number of days after the date of the registrar’s notice under paragraph (1)(b): (a) in the case of the Commissioner, within 20 days after the date of the notice; (b) in the case of a person designated by the Tribunal under subsection 21.5(5) of the Act, within 35 days after the date of the notice; and (c) in the case of the person against whom the disciplinary action would be taken, within 50 days after the date of the notice.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 23
Content and time limits 23 The Commissioner may file a reply that sets out the arguments that he or she intends to make in rebuttal to facts or issues that were raised in another party’s statement of particulars. The reply must be filed (a) in the case of an application for a remedy, within 65 days after the date of the registrar’s notice under Rule 6; and (b) in the case of an application for disciplinary action, within 65 days after the date of the registrar’s notice under paragraph 22(1)(b).
Public Servants Disclosure Protection Tribunal Rules of Procedure — 24
Content and time limit 24 In relation to an application for an order respecting a remedy, the complainant may file a reply that sets out the arguments that he or she intends to make in rebuttal to facts or issues that were raised in another party’s statement of particulars. The reply must be filed within 65 days after the date of the registrar’s notice under Rule 6.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 25
Content and time limit 25 Within 20 days after the day on which they are served with a statement of particulars, a party may file a supplementary statement of particulars that sets out any facts or issues that were not raised in their statement of particulars and that are necessary to address those raised in another party’s statement of particulars.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 26
Content 26 A party that intends to call an expert witness at the hearing must file a report prepared for them by the expert. The report must be signed and dated by the expert and include (a) a summary of the expert’s opinion; (b) a statement of the expert’s professional qualifications; and (c) the expert’s business address.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 27
Time limits — remedy applications 27 In relation to an application for an order respecting a remedy, a party must file the expert’s report (a) in the case of the Commissioner, at least 60 days before the day on which the hearing begins; (b) in the case of the complainant, at least 40 days before the day on which the hearing begins; and (c) in the case of any other party, at least 20 days before the day on which the hearing begins.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 28
Time limits — disciplinary action applications 28 In relation to an application for an order respecting disciplinary action, a party must file the expert’s report (a) in the case of the Commissioner, at least 60 days before the day on which the hearing begins; (b) in the case of the person designated by the Tribunal under subsection 21.5(5) of the Act, at least 40 days before the day on which the hearing begins; and (c) in the case of the person against whom the disciplinary action would be taken, at least 20 days before the day on which the hearing begins.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 29
Content 29 (1) A party or interested person that intends to refer to statutory or regulatory provisions, case law or other authorities in a hearing must reproduce those materials in a book of authorities and highlight the relevant passages. Reproduction of federal law (2) Federal statutory and regulatory provisions must be reproduced in both official languages. Filing (3) The book of authorities must be filed at least 15 days before the day on which the hearing begins. SOR/2015-107, s. 4(F)
Public Servants Disclosure Protection Tribunal Rules of Procedure — 30
Purpose 30 The Tribunal may schedule a pre-hearing conference to resolve any procedural or evidentiary matters related to the proceedings.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 31
Modes 31 The Tribunal may conduct a pre-hearing conference in person, by teleconference, video conference or any other electronic means of communication.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 32
Notice 32 If the Tribunal schedules a pre-hearing conference, the registrar must provide each party with notice of (a) the mode in which the conference will be conducted; (b) the conference’s date, time and place; and (c) any motions that the Tribunal intends to hear at the conference.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 33
Issuance 33 Following a written request made by a party or an interested person to the registrar, the Tribunal must issue a subpoena for the attendance of a witness or for the production of a document at the hearing.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 34
Issuance in blank 34 The Tribunal may issue a subpoena in blank and the party or interested person to whom it is issued must complete it and may include any number of names.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 35
Attendance 35 A witness is not required to attend a hearing, or to produce a document at the hearing, under a subpoena that is served on them less than 10 days before the day on which the hearing begins.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 36
Remote hearings 36 The Tribunal may order that a hearing be conducted in whole or in part by teleconference, video conference or any other electronic means of communication. If so, the Tribunal may provide directions to facilitate the conduct of the hearing using that means of communication.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 37
Notice of hearing 37 The registrar must provide each party and interested person with notice of the date, time and place of the hearing at least 65 days before the day on which the hearing begins.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 38
Special arrangements 38 A party or interested person that requires an interpreter or any other special arrangements at the hearing must provide the registrar with written notice of those requirements at least 10 days before the day on which the hearing begins.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 39
Absence of party or interested person 39 If a party or interested person fails to appear at the hearing, the Tribunal may proceed with the hearing in their absence if it is satisfied that they received notice of the hearing.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 40
Adjournment of hearing 40 The Tribunal may adjourn a hearing, and if so, it must provide directions to each party and interested person as to the date, time, place and terms of its continuance.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 41
Limits 41 Except with leave of the Tribunal, a party is not permitted to do any of the following at the hearing: (a) raise a position, seek to prove a material fact or to introduce a document that was not disclosed, or call a witness — other than an expert witness — who was not named, in its statement of particulars, reply or supplementary statement of particulars; (b) introduce an expert report into evidence or call the expert as a witness if the expert report was not provided in accordance with Rules 26 to 28; and (c) in the case of the Commissioner or the complainant, request any remedy or disciplinary action, as the case may be, that was not raised in its statement of particulars.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 42
Examination outside hearing 42 (1) A party that wishes to examine a person who is unable to attend the hearing may make a motion to the Tribunal for an order to examine that person outside the hearing and to introduce that person’s evidence at the hearing. Directions required (2) If the Tribunal grants the party’s motion, the Tribunal must provide directions regarding (a) the time, place and manner of the examination and cross-examination; (b) the notices to be given to the person being examined, the parties and the interested persons; (c) the attendance of parties; and (d) the production of any documents requested by the examining party.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 43
Exclusion of witnesses 43 (1) The Tribunal may order that a witness be excluded from the hearing room until they are called to give evidence. Exception (2) However, the Tribunal cannot order the exclusion of any witness who is a party or any witness whose presence is essential to instruct the party’s representative, but the Tribunal may require the witness to give evidence before any other witnesses are called to give evidence on behalf of that party.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 44
Communication with excluded witnesses prohibited 44 If the Tribunal orders that a witness be excluded from the hearing room, it is prohibited for any person to communicate with the witness regarding the evidence given during their absence from the hearing room until the witness has been called and has finished giving evidence.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 45
Application 45 (1) Subject to subrules (2) to (4) and except for Rules 5, 6 and 21, these Rules apply to the proceedings in respect of an application that is made to the Tribunal by the Commissioner under subsection 20.4(1) of the Act before the day on which these Rules come into force. Non-application (2) The time limits referred to in paragraph 23(a) and Rule 24 do not apply to the proceedings in respect of the application. Tribunal directions (3) If the Tribunal provides a party or interested person with directions regarding any matter of procedure that is governed by these Rules before the day on which these Rules come into force, they must continue to act in accordance with those directions and the Rules that would otherwise govern the matter do not apply. Non-application (4) If a Rule contains a time limit that requires the doing of a thing within a prescribed number of days before the day on which the hearing begins, the time limit does not apply if (a) before the day on which these Rules come into force, the Tribunal provides the parties with directions regarding the time for the doing of the thing; or (b) on the day on which these Rules come into force, there are no more than the prescribed number of days remaining before the day on which the hearing begins.
Public Servants Disclosure Protection Tribunal Rules of Procedure — 46
Registration 46 These Rules come into force on the day on which they are registered.
Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) — Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms)
Whereas, pursuant to section 42.1 of the Tobacco Act a , the Minister of Health laid a copy of the proposed Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) , substantially in the annexed form, before the House of Commons on June 9, 2011 and the House of Commons concurred on June 22, 2011 in a report from the Standing Committee on Health approving the proposed Regulations;
Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) — Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms)
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 33 b of the Tobacco Act a , hereby makes the annexed Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) .
Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) — 1
Definition of cigarette 1 In these Regulations, cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a bidi, cigar, kretek or tobacco stick.
Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) — 2
Scope of prohibitions 2 The prohibitions in these Regulations that apply with respect to the terms “light” and “mild” also apply with respect to (a) any variations in the spelling of those terms as well as the spelling of other parts of speech and grammatical forms of those terms; and (b) any modifiers of those terms, including “extra” and “ultra”, as well as any abbreviation of those terms or modifiers.