GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pay Equity Act — P-4.2 166
Hearing in public subject to confidentiality order 166 (1) A hearing must be conducted in public, but the member or panel conducting the inquiry may, on application, take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of the hearing if the member or panel is satisfied, during the hearing or as a result of the hearing being conducted in public, that (a) there is a real and substantial risk that matters involving public security will be disclosed; (b) there is a real and substantial risk to the fairness of the hearing such that the need to prevent disclosure outweighs the societal interest that the hearing be conducted in public; (c) there is a real and substantial risk that the disclosure of personal or other matters will cause undue hardship to the persons involved such that the need to prevent disclosure outweighs the societal interest that the hearing be conducted in public; or (d) there is a serious possibility that the life, liberty or security of a person will be endangered. Confidentiality of application (2) If the member or panel considers it appropriate, the member or panel may take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).
Pay Equity Act — P-4.2 167
Determination 167 (1) Subject to subsection 155 (2), at the conclusion of an inquiry into a question of law or jurisdiction referred to the Chairperson of the Tribunal under section 162 , the member or panel must determine the question and provide a copy of the determination to the Pay Equity Commissioner and the parties given notice under subsection 164 (1). Posting of determination (2) The member or panel may require an employer — or, if applicable, each employer in a group of employers — to post any determination referred to in subsection (1). Panel’s decision (3) A decision made by a majority of the members of the panel is the decision of the panel or, if no decision is supported by the majority, the decision of the panel’s chair is the decision of the panel.
Pay Equity Act — P-4.2 168
Appeal — decision or order 168 (1) An employer, bargaining agent or other person that is affected by a decision made under paragraph 158 (1)(a), 159 (1)(a) or 160 (1)(a) or an order made under section 119 , subsection 157 (2), paragraph 158(1)(b), subsection 158(3), subparagraph 159(1)(b)(ii) or paragraph 160(1)(b) or (c) may appeal the decision or order to the Tribunal, in writing, within 30 days after the day on which a copy of the order or notice of the decision is served. Order in effect (2) An order made under section 119 , subsection 157 (2), paragraph 158 (1)(b), subsection 158 (3), subparagraph 159(1)(b)(ii) or paragraph 160 (1)(b) or (c) continues to apply during an appeal unless the Tribunal decides otherwise. Grounds for appeal (3) The application for appeal must state the grounds for appeal and describe the evidence that supports those grounds.
Pay Equity Act — P-4.2 169
Assignment of member 169 (1) On receipt of an application for an appeal, the Chairperson of the Tribunal must assign a member of the Tribunal to hear the appeal, however the Chairperson may assign a panel of three members of the Tribunal to hear the appeal if he or she considers that the complexity of the matters under appeal requires three members. Chair of panel (2) If a panel of three members is assigned, the Chairperson must designate one of them to be its chair, but the Chairperson is to be the chair if he or she is a member of the panel.
Pay Equity Act — P-4.2 170
Decision 170 (1) The member or panel of members of the Tribunal assigned to hear an appeal may, by order, confirm, vary or rescind the decision or order to which the appeal relates, or refer the decision to which the appeal relates back to the Pay Equity Commissioner for redetermination in accordance with any directions that the member or panel of members considers to be appropriate. Other terms (2) In addition, the member or panel of members may include in the order any terms that the member or panel, as the case may be, considers equitable to remedy or counteract any consequence of the matter under appeal. Panel’s decision (3) A decision made by a majority of the members of the panel is the decision of the panel or, if no decision is supported by the majority, the decision of the panel’s chair is the decision of the panel. Copy of decision or order (4) The member or panel of members must provide a copy of any decision or order made under subsection (1) or (2) to the Pay Equity Commissioner and to the parties to the appeal.
Pay Equity Act — P-4.2 171
Decision final 171 Every decision made under section 170 is final and is not to be questioned or reviewed in any court.
Pay Equity Act — P-4.2 172
Definition of Minister 172 In section 173 , minister has the same meaning as in subsection 2(1) of the Public Service Employment Act .
Pay Equity Act — P-4.2 173
Application 173 (1) This Act and section 40.2 of the Canadian Human Rights Act apply, subject to the regulations, with respect to any person appointed by a minister under subsection 128(1) of the Public Service Employment Act as if they were an employee as defined in subsection 3(1) of this Act and their employer were an employer referred to in paragraph 3 (2)(a) of this Act, except that, for the purpose of that application, the Governor in Council may, by order, group two or more ministers’ offices for the purpose of establishing and updating a single pay equity plan for any such grouping. Exclusion (2) Despite subsection (1), nothing in this Act or section 40.2 of the Canadian Human Rights Act applies with respect to any person appointed as a student staff member by a minister under subsection 128(1) of the Public Service Employment Act .
Pay Equity Act — P-4.2 174
Wages 174 An employee who is party to, or has been summoned to attend at, a proceeding before the Tribunal under this Act and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
Pay Equity Act — P-4.2 175
Manner and form 175 The Pay Equity Commissioner may establish the manner and form for submitting or filing notices, applications and complaints that are to be submitted to or filed with the Pay Equity Commissioner.
Pay Equity Act — P-4.2 176
Posting of documents 176 The Pay Equity Commissioner may require an employer — or, if applicable, each employer in a group of employers — to post any decision, order, notice of violation or other document issued by that Commissioner.
Pay Equity Act — P-4.2 177
Copies as evidence 177 Any document purporting to be certified by the Pay Equity Commissioner to be a copy of or extract from a document, or to be a printout of or extract from electronic data, made under paragraph 118 (3)(e) or subsection 118 (5) is evidence of the nature and content of the original document or data and has the same probative force as the original document or data would have if it were proven in the ordinary way.
Pay Equity Act — P-4.2 178
Immunity 178 No action or other proceeding of a civil nature lies against the Pay Equity Commissioner, or any person acting on behalf or under the direction of that Commissioner, in respect of anything that is done or omitted to be done in good faith while exercising or purporting to exercise their powers or performing or purporting to perform their duties and functions under this Act.
Pay Equity Act — P-4.2 179
Evidence in civil suits precluded 179 The Pay Equity Commissioner, his or her delegate, any person who has accompanied or assisted the Pay Equity Commissioner in carrying out his or her duties and functions, and any member of the Tribunal is not competent or compellable to appear as a witness in any civil action, suit or other proceeding between private parties respecting information obtained in the exercise of their powers or the performance of their duties and functions.
Pay Equity Act — P-4.2 180
Enforcement of order 180 An order made under subsection 91 (1) or 118 (4), section 119 , subsection 120 (1) or 157 (2), paragraph 158 (1)(b), subsection 158 (3), subparagraph 159(1)(b)(ii), paragraph 160 (1)(b) or (c) or subsection 170 (1) or (2) may, for the purpose of enforcement, be made an order of the Federal Court by following the usual procedure or by the Pay Equity Commissioner filing in the Registry of that court a copy of the order certified by the Pay Equity Commissioner to be a true copy.
Pay Equity Act — P-4.2 182
Regulations 182 The Pay Equity Commissioner may, with the approval of the Governor in Council, make regulations (a) respecting the service of documents under this Act, other than Part 7, including the documents or types of documents that must be served, the manner and proof of service and the circumstances under which documents are deemed to be served; and (b) prescribing the procedures to be followed for the purposes of section 118 , 121 , 154 , 156 or 161 .
Pay Equity Act — P-4.2 183
Non-application of Statutory Instruments Act 183 The Statutory Instruments Act does not apply in respect of orders made under subsection 91 (1) or 118 (4), section 119 , subsection 120 (1) or 157 (2), paragraph 158 (1)(b), subsection 158 (3), subparagraph 159(1)(b)(ii), or paragraph 160 (1)(b) or (c).
Pay Equity Act — P-4.2 184
Review by Senate and House of Commons 184 (1) Ten years after the day on which this subsection comes into force, or as soon as feasible after that tenth year anniversary, and every five years after that, a comprehensive review of the provisions and operation of this Act and Part II.1 of the Parliamentary Employment and Staff Relations Act is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose. Report (2) Within six months, or any further time that is authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the day on which the review is completed, the committee must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, together with a statement of any changes recommended by the committee.
Pay Equity Act — P-4.2 418
Federal Contractors Program 418 The Minister of Labour is responsible for the administration of the Federal Contractors Program for Pay Equity.
Payment Card Networks Act — P-4.3 1
Short title 1 This Act may be cited as the Payment Card Networks Act .
Payment Card Networks Act — P-4.3 2
Purpose 2 The purpose of this Act is to regulate national payment card networks and the commercial practices of payment card network operators.
Payment Card Networks Act — P-4.3 3
Definitions 3 The following definitions apply in this Act. acquirer means an entity that enables merchants to accept payments by payment card by providing merchants with access to a payment card network for the transmission or processing of those payments. It does not include that entity’s agent or mandatary. ( acquéreur ) entity means a corporation, trust or partnership, or an unincorporated association or organization. ( entité ) issuer means an entity or provincial Crown corporation that issues payment cards. ( émetteur ) Minister means the Minister of Finance. ( ministre ) payment card means a credit or debit card — or any other prescribed device — used to access a credit or debit account on terms specified by the issuer. It does not include a credit card issued for use only with the merchants identified on the card. ( carte de paiement ) payment card network means an electronic payment system — other than a prescribed payment system — used to accept, transmit or process transactions made by payment card for money, goods or services and to transfer information and funds among issuers, acquirers, merchants and payment card users. ( réseau de cartes de paiement ) payment card network operator means an entity that operates or manages a payment card network, including by establishing standards and procedures for the acceptance, transmission or processing of payment transactions and by facilitating the electronic transfer of information and funds. ( exploitant de réseau de cartes de paiement )
Payment Card Networks Act — P-4.3
acquirer means an entity that enables merchants to accept payments by payment card by providing merchants with access to a payment card network for the transmission or processing of those payments. It does not include that entity’s agent or mandatary. ( acquéreur )
Payment Card Networks Act — P-4.3
entity means a corporation, trust or partnership, or an unincorporated association or organization. ( entité )
Payment Card Networks Act — P-4.3
issuer means an entity or provincial Crown corporation that issues payment cards. ( émetteur )
Payment Card Networks Act — P-4.3
Minister means the Minister of Finance. ( ministre )
Payment Card Networks Act — P-4.3
payment card means a credit or debit card — or any other prescribed device — used to access a credit or debit account on terms specified by the issuer. It does not include a credit card issued for use only with the merchants identified on the card. ( carte de paiement )
Payment Card Networks Act — P-4.3
payment card network means an electronic payment system — other than a prescribed payment system — used to accept, transmit or process transactions made by payment card for money, goods or services and to transfer information and funds among issuers, acquirers, merchants and payment card users. ( réseau de cartes de paiement )
Payment Card Networks Act — P-4.3
payment card network operator means an entity that operates or manages a payment card network, including by establishing standards and procedures for the acceptance, transmission or processing of payment transactions and by facilitating the electronic transfer of information and funds. ( exploitant de réseau de cartes de paiement )
Payment Card Networks Act — P-4.3 4
Application 4 This Act applies to payment card network operators.
Payment Card Networks Act — P-4.3 6
Regulations 6 The Governor in Council may, on the recommendation of the Minister, make regulations (a) respecting payment card networks; (b) specifying the types of rates that a payment card network operator must disclose and the manner in which the disclosure must be made; (c) prescribing the time and manner in which a payment card network operator must give notice of any new rates or any changes in its rates or fee schedules, as well as to whom the notice must be given; (d) prescribing conditions regarding the issuance of payment cards that a payment card network operator must include in any agreement entered into with an issuer; (e) prescribing conditions that a payment card network operator must include in any agreement entered into with an acquirer; (f) prescribing anything that by this Act is to be prescribed; and (g) generally for carrying out the purposes and provisions of this Act.
Payment Card Networks Act — P-4.3 7
Enforcing conditions 7 A payment card network operator that is a party to an agreement containing any of the conditions required by regulations made under paragraph 6 (d) or (e) must take reasonable measures to enforce those conditions.
Payment Card Networks Act — P-4.3 8
Exemption 8 The Minister may, by order, exempt a payment card network operator from any of the provisions of this Act or the regulations.
Payment Clearing and Settlement Act — P-4.4 Preamble
Preamble Whereas Parliament recognizes that the stability of the financial system in Canada and the maintenance of efficient financial markets are important to the health and strength of the national economy;
Payment Clearing and Settlement Act — P-4.4
Whereas systems established for the clearing and settlement of payment obligations among financial institutions are an essential element of the financial system in Canada and must be properly designed and operated in order to control risk to the financial system in Canada and contribute to its stability;
Payment Clearing and Settlement Act — P-4.4
Whereas the Bank of Canada, in promoting the economic and financial welfare of Canada, takes actions to promote the efficiency and stability of the Canadian financial system, including providing the means of settlement of Canadian dollar payments, acting as lender of last resort and, in consultation with other central banks, developing and implementing standards and practices to recognize and manage risk associated with systems for clearing and settling payment obligations;
Payment Clearing and Settlement Act — P-4.4
And whereas Parliament recognizes that it is desirable and in the national interest to provide for the supervision and regulation of such clearing and settlement systems, including by providing for their resolution while minimizing the exposure of public moneys to loss, in order to control risk to the financial system in Canada and promote its efficiency and stability;
Payment Clearing and Settlement Act — P-4.4
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Payment Clearing and Settlement Act — P-4.4 1
Short title 1 This Act may be cited as the Payment Clearing and Settlement Act .
Payment Clearing and Settlement Act — P-4.4 2
 transmitting financial problems through the system, cause (a) other participants in the clearing and settlement system to be unable to meet their obligations as they become due, (b) financial institutions in other parts of the Canadian financial system to be unable to meet their obligations as they become due, (c) the clearing and settlement system’s clearing house or the clearing house of another clearing and settlement system within the Canadian financial system to be unable to meet its obligations as they become due, or (d) an adverse effect on the stability or integrity of the Canadian financial system. ( risque systémique ) 1996, c. 6, s. 162 (Sch., s. 2); 2007, c. 29, s. 110; 2012, c. 5, s. 213, c. 31, s. 168; 2014, c. 39, s. 360; 2017, c. 33, s. 188 2018, c. 12, s. 232 2018, c. 12, s. 240 2021, c. 23, s. 133
Payment Clearing and Settlement Act — P-4.4
Bank means the Bank of Canada. ( banque )
Payment Clearing and Settlement Act — P-4.4
bridge clearing house means a corporation or company that is designated as a bridge clearing house under subsection 11.13(1). ( chambre de compensation-relais )
Payment Clearing and Settlement Act — P-4.4
Canadian participant means a participant that is incorporated or formed under an enactment of Canada or a province. ( participant canadien )
Payment Clearing and Settlement Act — P-4.4
central counter-party means a corporation, association, partnership, agency or other entity in a clearing and settlement system with whom all participant’s payment rights and obligations are netted to produce a single amount owing as between each participant and the central counter-party. ( intermédiaire )
Payment Clearing and Settlement Act — P-4.4 (a)
clearing and settlement system means a system or arrangement for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations that meets the following conditions: (a) there are at least three participants, at least one of which is a Canadian participant and at least one of which has its head office in a jurisdiction other than the jurisdiction where the head office of the clearing house is located; (b) the clearing or settlement is wholly or partly in Canadian dollars; and (c) except in the case in which the payment obligations arise from derivatives contracts, the settlement is ultimately effected through adjustments to the account or accounts of one or more of the participants at the Bank. For greater certainty, it includes a system or arrangement for the clearing or settlement of securities transactions, derivatives contracts, foreign exchange transactions or other transactions if the system or arrangement also clears or settles payment obligations arising from those transactions or exchanges payment messages for the purpose of clearing or settlement of such obligations. ( système de compensation et de règlement )
Payment Clearing and Settlement Act — P-4.4
clearing house means a corporation, association, partnership, agency or other entity that provides clearing, settlement or payment message exchange services for a clearing and settlement system. It includes a securities and derivatives clearing house , as defined in subsection 13.1(3), but does not include a stock exchange or the Bank. ( chambre de compensation )
Payment Clearing and Settlement Act — P-4.4
eligible financial contract has the same meaning as in subsection 22.1(2) of the Winding-up and Restructuring Act . ( contrat financier admissible )
Payment Clearing and Settlement Act — P-4.4
Minister means the Minister of Finance. ( ministre )
Payment Clearing and Settlement Act — P-4.4
oversight information has the meaning assigned by the regulations. ( renseignements relatifs à la surveillance )
Payment Clearing and Settlement Act — P-4.4
participant means a party to an arrangement that establishes a clearing and settlement system. ( établissement participant )
Payment Clearing and Settlement Act — P-4.4 (a)
payments system risk means the risk that a disruption to or a failure of a clearing and settlement system could cause a significant adverse effect on economic activity in Canada by (a) impairing the ability of individuals, businesses or government entities to make payments, or (b) producing a general loss of confidence in the overall Canadian payments system, which includes payment instruments, infrastructure, organizations, market arrangements and legal frameworks that allow for the transfer of monetary value. ( risque pour le système de paiement )
Payment Clearing and Settlement Act — P-4.4
receiver includes a receiver-manager and a sequestrator. ( séquestre )
Payment Clearing and Settlement Act — P-4.4 (a)
share includes (a) a conversion or exchange privilege that is convertible at any time into a share; and (b) an option or a right to acquire a share or a privilege referred to in paragraph (a). ( action )
Payment Clearing and Settlement Act — P-4.4 (a)
systemic risk means the risk that the inability of a participant to meet its obligations in a clearing and settlement system as they become due, or a disruption to or a failure of a clearing and settlement system, could, by transmitting financial problems through the system, cause (a) other participants in the clearing and settlement system to be unable to meet their obligations as they become due, (b) financial institutions in other parts of the Canadian financial system to be unable to meet their obligations as they become due, (c) the clearing and settlement system’s clearing house or the clearing house of another clearing and settlement system within the Canadian financial system to be unable to meet its obligations as they become due, or (d) an adverse effect on the stability or integrity of the Canadian financial system. ( risque systémique )
Payment Clearing and Settlement Act — P-4.4 3
Application 3 This Part applies in respect of clearing and settlement systems designated under subsection 4(1). 1996, c. 6, s. 162 (Sch., s. 3); 2014, c. 39, s. 361