GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration Appeal Division Rules, 2022 — 90
Application 90 (1) A party who makes an application to the Division to change the date or time of a proceeding must make the application in accordance with rule 85 , but is not required to provide an accompanying affidavit or statutory declaration under subrule 85 (3). Time limit and content of application (2) The application must (a) be received by the Division at least three working days before the date fixed for the proceeding, unless the application is made for medical reasons or other emergencies, in which case it must be made without delay; and (b) indicate at least six dates and times that are within the period specified by the Division and at which the party is available to start or continue the proceeding. Notice of period specified by Division (3) The Division must publish or post notice of the period referred to in paragraph (2)(b) in a manner that will allow public access to it. Oral application (4) If the party is unable to make the application in accordance with paragraph (2)(a), the party must appear on the date and at the time fixed for the proceeding and make the application orally at the proceeding. Duty to appear (5) Unless a party receives a decision from the Division allowing the application, the party must appear for the proceeding on the date and at the time fixed and be ready to start or continue the proceeding.
Immigration Appeal Division Rules, 2022 — 91
Exceptional circumstances 91 The Division may allow the application only if it determines that there are exceptional circumstances and must take into consideration any relevant factors including (a) whether the application was made in a timely manner and, if it was not, the justification for the delay; (b) any previous change in the date or time of the proceeding; (c) the rights and interests of the parties; (d) the need to change the date or time of the proceeding to accommodate the vulnerabilities of a person; (e) the nature and complexity of the matter to be heard; and (f) the operational requirements of the Division.
Immigration Appeal Division Rules, 2022 — 92
Subsequent application 92 If the party made a previous application to change the date or time of a proceeding and that application was denied, the Division must consider the reasons for the denial and may allow the subsequent application only if the subsequent application is based on exceptional circumstances supported by new evidence.
Immigration Appeal Division Rules, 2022 — 93
Form of application 93 (1) A person may make an application to the Division in accordance with rule 85 to have a proceeding conducted in the absence of the public, or to request that the Division take any other measure to ensure the confidentiality of the proceedings. Request to respond to application (2) Any person may make a written request to the Division to be allowed to respond to an application to have a proceeding held in the absence of the public. Form of response — rule 86 (3) A person who is allowed by the Division to respond to the application must respond in accordance with rule 86 . Confidentiality measures (4) The Division may take any measures it considers necessary to ensure the confidentiality of the application. Time limit (5) An application made under this rule must be received no later than 20 days before the date fixed for the proceeding.
Immigration Appeal Division Rules, 2022 — 94
Abuse of process 94 (1) For the purposes of subsection 168(2) of the Act, withdrawal of an appeal is an abuse of process if withdrawal would likely have a negative effect on the integrity of the Division. No substantive evidence accepted (2) If no substantive evidence has been accepted in the appeal, withdrawal of the appeal is not an abuse of process. Withdrawal if no substantive evidence accepted (3) If no substantive evidence has been accepted in the appeal, a party may withdraw their appeal by notifying the Division either orally at a proceeding or in writing. Withdrawal if substantive evidence accepted (4) If substantive evidence has been accepted in the appeal, a party who wants to withdraw their appeal must make an application to the Division in accordance with rule 85 .
Immigration Appeal Division Rules, 2022 — 95
Application to reinstate withdrawn appeal 95 (1) An appellant may apply to the Division to reinstate an appeal that was withdrawn. Form and content of application (2) The appellant must make the application in accordance with rule 85 and include in the application their contact information and, if represented by counsel, their counsel’s contact information.
Immigration Appeal Division Rules, 2022 — 96
Factors 96 The Division may allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.
Immigration Appeal Division Rules, 2022 — 97
Subsequent application 97 If the appellant has made a previous application to reinstate an appeal and that application was denied, the Division must consider the reasons for the previous denial and may allow the subsequent application only if there are exceptional circumstances supported by new evidence.
Immigration Appeal Division Rules, 2022 — 98
Form and content of application 98 (1) An application to reopen an appeal must be made in accordance with rule 85 and must include (a) in the case of an application made by a party other than the Minister, the contact information of the party and, if they are represented by counsel, of their counsel; and (b) in the case of an application made by the Minister, the contact information of the Minister’s counsel. Allegations against former counsel (2) If a party other than the Minister alleges in their application that their former counsel provided inadequate representation, the party must provide the application (a) to their former counsel before providing it to the Division; and (b) to the Division, accompanied by a written statement indicating how and when it was provided to their former counsel.
Immigration Appeal Division Rules, 2022 — 99
Factors 99 (1) In deciding the application to reopen an appeal, the Division must consider any relevant factors, including (a) whether the application was made in a timely manner and, if not, the justification for the delay; and (b) if the applicant did not make an application for leave to apply for judicial review or an application for judicial review, the reasons why an application was not made. Natural justice (2) In the case of an application that is made other than under section 71 of the Act, the Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice.
Immigration Appeal Division Rules, 2022 — 100
Subsequent application 100 If the appellant has made a previous application to reopen an appeal and that application was denied, the Division must consider the reasons for the previous denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.
Immigration Appeal Division Rules, 2022 — 101
Notice of constitutional question 101 (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question. Form and content of notice (2) The notice must be completed using Form 69 of the Federal Courts Rules or any other form that sets out (a) the party’s name; (b) the Division file number; (c) the date, time and location of the hearing; (d) the specific legislative provision that is being challenged; (e) the material facts relied on to support the constitutional challenge; and (f) a summary of the legal argument to be made in support of the constitutional challenge. Providing notice (3) The party must provide the notice to (a) the Attorney General of Canada and the attorney general of every province, in accordance with section 57 of the Federal Courts Act ; (b) the other party; and (c) the Division. Notice provided to Division (4) The notice that is provided to the Division must be accompanied by a written statement indicating how and when the notices were provided to the recipients referred to in paragraphs (3)(a) and (b) and proof that they were provided. Time limit (5) Documents provided under this rule must be received no later than 10 days before the day on which the constitutional question is to be argued.
Immigration Appeal Division Rules, 2022 — 102
Notice of decision 102 When the Division makes a decision, other than an interlocutory decision, it must provide a written notice of decision to the parties.
Immigration Appeal Division Rules, 2022 — 103
Written reasons 103 (1) When the Division makes a decision on a sponsorship appeal or stays a removal order, it must provide the notice of decision together with the written reasons for the decision to the parties. Request for written reasons (2) A request referred to in paragraph 169(e) of the Act for reasons for a decision, other than a decision referred to in subrule (1) or an interlocutory decision, must be in writing.
Immigration Appeal Division Rules, 2022 — 104
When decision takes effect 104 A decision, other than an interlocutory decision, takes effect (a) if it is made in writing (i) by a single member, when the member signs and dates the reasons for the decision; or (ii) by a panel of three members, when all of the members of the panel sign and date their reasons for the decision; and (b) if it is given orally at a hearing (i) by a single member, when the member states the decision and gives the reasons; or (ii) by a panel of three members, when all of the members of the panel state their decision and give their reasons.
Immigration Appeal Division Rules, 2022 — 105
Application 105 (1) Subject to subrules (2) to (4), these Rules apply to all proceedings filed before the day on which these Rules come into force, including any proceeding that a court refers back to the Division for redetermination. Appeal record (2) If the Minister or the Immigration Division receives a notice of appeal before the day on which these Rules come into force, the appeal record must be provided in accordance with the time limits set out in the Immigration Appeal Division Rules as they read immediately before that day. Confidentiality — ADR (3) Subrule 20(4) of the Immigration Appeal Division Rules , as they read immediately before the day on which these Rules come into force, continues to apply to any confidential information, statement or document given in an ADR conference for which the date of the notice to appear is before that day. Disclosure of documents (4) If an appeal is filed before the day on which these Rules come into force, (a) the statement referred to in subrule 24 (2) of these Rules is not required in respect of the appeal; and (b) the time limits for providing or receiving documents set out in subrules 30(3) and (4) and 37(3) of the Immigration Appeal Division Rules , as they read immediately before that day, continue to apply.
Immigration Appeal Division Rules, 2022 — 106
106 The Immigration Appeal Division Rules 1 are repealed. 1 SOR/2002-230
Immigration Appeal Division Rules, 2022 — 107
30th day after registration 107 These Rules come into force on the 30th day after the day on which they are registered.
Immigration Appeal Division Rules, 2022 — 2
2 Name of counsel who is representing or advising the party other than the Minister and who is not receiving consideration for those services.
Immigration Appeal Division Rules, 2022 — 3
3 Name of counsel’s firm or organization, if applicable, and counsel’s email address, telephone number and postal address.
Immigration Appeal Division Rules, 2022 — 4
4 If applicable, a written statement signed by the interpreter that the interpretation is accurate and that indicates the interpreter’s name and the language and, if any, dialect interpreted.
Immigration Appeal Division Rules, 2022 — 5
5 Written statement signed by the party other than the Minister that the counsel who is representing or advising the party is not receiving consideration.
Immigration Appeal Division Rules, 2022 — 6
6 Written statement signed by counsel that they are not receiving consideration for representing or advising the party other than the Minister.
Order Respecting the Restraint of Property Situated in Canada (Roman Arkadyevich Abramovich) — Order Respecting the Restraint of Property Situated in Canada (Roman Arkadyevich Abramovich)
Whereas the Governor in Council is of the opinion that the actions of the Russian Federation constitute a grave breach of international peace and security that has resulted in a serious international crisis;
Order Respecting the Restraint of Property Situated in Canada (Roman Arkadyevich Abramovich) — Order Respecting the Restraint of Property Situated in Canada (Roman Arkadyevich Abramovich)
And whereas there is property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by Roman Arkadyevich Abramovich, a national of the Russian Federation who does not ordinarily reside in Canada;
Order Respecting the Restraint of Property Situated in Canada (Roman Arkadyevich Abramovich) — a
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, under paragraph 4(1)(b) a and subsection 4(1.1) b of the Special Economic Measures Act c , orders Citco Bank Canada to restrain the amount of US$26,073,990.35 that is owned — or that is held or controlled, directly or indirectly — by Roman Arkadyevich Abramovich and that is credited to a bank account held by Manticore Fund (Cayman) LTD with Citco Bank Canada in such a manner that no dealing can be carried out with respect to that amount. a S.C. 2022, c. 10, s. 438(1) b S.C. 2017, c. 21, s. 17(2) c S.C. 1992, c. 17
Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order — a
Whereas the Gattinger’s Agalinis ( Agalinis gattingeri ) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Act a ; a S.C. 2002, c. 29
Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order — Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order
Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry;
Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order — b
Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) b of that Act; b S.C. 2015, c. 10, s. 60
Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order — Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order
And whereas the Minister of the Environment is of the opinion that the annexed Order would affect land that is under the authority of the Minister of Fisheries and Oceans and, pursuant to subsection 58(9) of that Act, has consulted with that Minister with respect to the Order;
Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order — Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order
Therefore, the Minister of the Environment, pursuant to subsections 58(4) and (5) of the Species at Risk Act a , makes the annexed Critical Habitat of the Gattinger’s Agalinis ( Agalinis gattingeri ) Order .
Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order — 1
Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Gattinger’s Agalinis ( Agalinis gattingeri ), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry.
Critical Habitat of the Gattinger’s Agalinis (Agalinis gattingeri) Order — 2
Coming into force 2 This Order comes into force on the day on which it is registered.
Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order — a
Whereas it appears from a report made under section 56 of the Royal Canadian Mounted Police Pension Continuation Act a that the Royal Canadian Mounted Police (Dependants) Pension Fund is substantially in excess of the amount required to make adequate provision for the prospective payments to be made out of it; a R.S.C. 1970, c. R-10
Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order — Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 57(1) of the Royal Canadian Mounted Police Pension Continuation Act a , makes the annexed Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order .
Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order — 1
1 The following pension benefits, as provided in Part IV of the Royal Canadian Mounted Police Pension Continuation Act , are to be increased in the following manner: (a) pensions for current and prospective widows are to be increased by 2% on April 1 in each of the 2020, 2021 and 2022 plan years; (b) lump sum benefits payable on the death of a former member who contributed to the plan and who is not survived by a widow are to be increased by 2% on April 1 in each of the 2020, 2021 and 2022 plan years; and (c) residual amounts payable on the death of a former member’s widow are to be calculated with a deemed increase in the former member’s contributions of (i) 1,381% if the widow’s death occurs in the 2021 plan year, (ii) 1,411% if the widow’s death occurs in the 2022 plan year, and (iii) 1,441% if the widow’s death occurs in the 2023 plan year.
Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order — 2
2 This Order comes into force on the day on which it is registered.
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — a
The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraph 11(2)(g) a and subsections 39.15(7.4) b and (7.5) b of the Canada Deposit Insurance Corporation Act c , makes the annexed Canada Deposit Insurance Corporation Eligible Financial Contracts By-law . a R.S., c. 18 (3rd Supp.), s. 51 b S.C. 2021, c. 23, s. 126(4) c R.S., c. C-3
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — 1
Definitions 1 The following definitions apply in this By-law. Act means the Canada Deposit Insurance Corporation Act . ( Loi ) central counterparty means a corporation, association, partnership, agency or other entity that provides a clearing and settlement system and fully guarantees the performance of, or fully novates, eligible financial contracts that are cleared or settled through that system. ( contrepartie centrale ) clearing and settlement system means a system or arrangement for the clearing or settlement of payment obligations between counterparties in one or more financial markets, or for the sharing of payment messages for the purpose of clearing or settlement of such payment obligations. ( système de compensation et de règlement ) SOR/2026-53, s. 1
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — Canada Deposit Insurance Corporation Eligible Financial Contracts By-law
Act means the Canada Deposit Insurance Corporation Act . ( Loi )
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — Canada Deposit Insurance Corporation Eligible Financial Contracts By-law
central counterparty means a corporation, association, partnership, agency or other entity that provides a clearing and settlement system and fully guarantees the performance of, or fully novates, eligible financial contracts that are cleared or settled through that system. ( contrepartie centrale )
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — Canada Deposit Insurance Corporation Eligible Financial Contracts By-law
clearing and settlement system means a system or arrangement for the clearing or settlement of payment obligations between counterparties in one or more financial markets, or for the sharing of payment messages for the purpose of clearing or settlement of such payment obligations. ( système de compensation et de règlement )
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — 2
Prescribed class of federal member institutions 2 The class consisting of all federal member institutions is prescribed for the purpose of subsection 39.15(7.4) of the Act.
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — 3
Prescribed class of eligible financial contracts 3 The class consisting of every eligible financial contract that meets the following conditions and to which a federal member institution is a party is prescribed in respect of that institution for the purpose of subsection 39.15(7.4) of the Act: (a) it contains provisions permitting the taking of an action referred to in paragraph 39.15(7)(a), (b) or (f) of the Act by a party other than (i) Her Majesty in right of Canada, (ii) the government of a foreign country, including any of its departments or agencies, (iii) a central bank, (iv) a clearing house , as defined in subsection 39.15(9) of the Act, (v) a central counterparty, or (vi) a bank that is owned and funded by the governments of two or more countries and established for the purpose of economic development; (b) it is not governed by Canadian law or at least one of the other parties to it is neither an individual who is resident in Canada nor a Canadian entity as defined in section 2 of the Bank Act ; and (c) it meets one of the following conditions: (i) it is entered into, amended or renewed on or after October 1, 2023 and at least one of the other parties to it is (A) a federal member institution or an affiliate of a federal member institution, or (B) an institution that has been identified by the Financial Stability Board as a global systemically important bank or an affiliate of an institution that has been so identified, (ii) it is entered into, amended or renewed on or after October 1, 2028, or (iii) at least one other party to it and the federal member institution are together parties to another contract that is part of a class prescribed by this section. SOR/2026-53, s. 2
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — 4
Contract provisions 4 Every federal member institution must ensure that all eligible financial contracts that are part of the class prescribed in respect of it by section 3 contain provisions indicating the parties’ agreement to the application of subsections 39.15(7.1) to (7.104) and (7.11) of the Act in relation to the actions that the parties, other than any referred to in subparagraphs 3(a)(i) to (vi), may take. SOR/2026-53, s. 3
Canada Deposit Insurance Corporation Eligible Financial Contracts By-law — 5
Coming into force 5 This By-law comes into force on the day on which it is registered.
Canada Post Corporation Pension Plan Funding Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance and pursuant to paragraphs 39(1)(h.2) a and (o) of the Pension Benefits Standards Act, 1985 b , makes the annexed Canada Post Corporation Pension Plan Funding Regulations . a S.C. 2010, c. 12, s. 1820(2) b R.S., c. 42 (2nd Supp.)
Canada Post Corporation Pension Plan Funding Regulations — 1
Definitions 1 The following definitions apply in these Regulations. 1985 Regulations means the Pension Benefits Standards Regulations, 1985 ( Règlement de 1985 ) Act means the Pension Benefits Standards Act, 1985 . ( Loi ) solvency special payment means a special payment required under paragraph 9(4)(c) or (d) of the 1985 Regulations. ( paiement spécial de solvabilité )
Canada Post Corporation Pension Plan Funding Regulations — Canada Post Corporation Pension Plan Funding Regulations
1985 Regulations means the Pension Benefits Standards Regulations, 1985 ( Règlement de 1985 )
Canada Post Corporation Pension Plan Funding Regulations — Canada Post Corporation Pension Plan Funding Regulations
Act means the Pension Benefits Standards Act, 1985 . ( Loi )