GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Civil Lunar Gateway Agreement Implementation Act — C-31.4 10
Compliance order 10 (1) If the Minister believes on reasonable grounds that a person who has received information or documents under the Agreement is contravening, or is likely to contravene, section 8 or 9 , the Minister may, by order, require the person to return the information or the documents in question to the person who provided them or to dispose of them in the manner the Minister deems appropriate in the circumstances. Order (2) Every person to whom an order under subsection (1) is directed must return the information or documents, or dispose of them, in the time and manner specified in the order. Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order issued under subsection (1).
Civil Lunar Gateway Agreement Implementation Act — C-31.4 11
Interpretation 11 For the purposes of sections 7 , 8 and 10 , information and documents are deemed to include goods or data referred to in Article 19.4 of the Agreement.
Civil Lunar Gateway Agreement Implementation Act — C-31.4 12
Regulations 12 The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes of this Act or giving effect to the Agreement, including the code of conduct, memorandums of understanding and other implementing arrangements that the Agreement refers to.
Civil Marriage Act — C-31.5 Preamble
Preamble WHEREAS the Parliament of Canada is committed to upholding the Constitution of Canada, and section 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination;
Civil Marriage Act — C-31.5
WHEREAS the courts in a majority of the provinces and in one territory have recognized that the right to equality without discrimination requires that couples of the same sex and couples of the opposite sex have equal access to marriage for civil purposes;
Civil Marriage Act — C-31.5
WHEREAS the Supreme Court of Canada has recognized that many Canadian couples of the same sex have married in reliance on those court decisions;
Civil Marriage Act — C-31.5
WHEREAS only equal access to marriage for civil purposes would respect the right of couples of the same sex to equality without discrimination, and civil union, as an institution other than marriage, would not offer them that equal access and would violate their human dignity, in breach of the Canadian Charter of Rights and Freedoms ;
Civil Marriage Act — C-31.5
WHEREAS the Supreme Court of Canada has determined that the Parliament of Canada has legislative jurisdiction over marriage but does not have the jurisdiction to establish an institution other than marriage for couples of the same sex;
Civil Marriage Act — C-31.5
WHEREAS everyone has the freedom of conscience and religion under section 2 of the Canadian Charter of Rights and Freedoms ;
Civil Marriage Act — C-31.5
WHEREAS nothing in this Act affects the guarantee of freedom of conscience and religion and, in particular, the freedom of members of religious groups to hold and declare their religious beliefs and the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs;
Civil Marriage Act — C-31.5
WHEREAS it is not against the public interest to hold and publicly express diverse views on marriage;
Civil Marriage Act — C-31.5
WHEREAS, in light of those considerations, the Parliament of Canada’s commitment to uphold the right to equality without discrimination precludes the use of section 33 of the Canadian Charter of Rights and Freedoms to deny the right of couples of the same sex to equal access to marriage for civil purposes;
Civil Marriage Act — C-31.5
WHEREAS marriage is a fundamental institution in Canadian society and the Parliament of Canada has a responsibility to support that institution because it strengthens commitment in relationships and represents the foundation of family life for many Canadians;
Civil Marriage Act — C-31.5
AND WHEREAS, in order to reflect values of tolerance, respect and equality consistent with the Canadian Charter of Rights and Freedoms , access to marriage for civil purposes should be extended by legislation to couples of the same sex;
Civil Marriage Act — C-31.5
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Civil Marriage Act — C-31.5 1
Short title 1 This Act may be cited as the Civil Marriage Act .
Civil Marriage Act — C-31.5 2
Marriage — certain aspects of capacity 2 Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.
Civil Marriage Act — C-31.5 2.1
Consent required 2.1 Marriage requires the free and enlightened consent of two persons to be the spouse of each other. 2015, c. 29, s. 4
Civil Marriage Act — C-31.5 2.2
Minimum age 2.2 No person who is under the age of 16 years may contract marriage. 2015, c. 29, s. 4
Civil Marriage Act — C-31.5 2.3
Previous marriage 2.3 No person may contract a new marriage until every previous marriage has been dissolved by death or by divorce or declared null by a court order. 2015, c. 29, s. 4
Civil Marriage Act — C-31.5 3
Religious officials 3 It is recognized that officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs.
Civil Marriage Act — C-31.5 3.1
Freedom of conscience and religion and expression of beliefs 3.1 For greater certainty, no person or organization shall be deprived of any benefit, or be subject to any obligation or sanction, under any law of the Parliament of Canada solely by reason of their exercise, in respect of marriage between persons of the same sex, of the freedom of conscience and religion guaranteed under the Canadian Charter of Rights and Freedoms or the expression of their beliefs in respect of marriage as the union of a man and woman to the exclusion of all others based on that guaranteed freedom.
Civil Marriage Act — C-31.5 4
Marriage not void or voidable 4 For greater certainty, a marriage is not void or voidable by reason only that the spouses are of the same sex.
Civil Marriage Act — C-31.5 5
Marriage of non-resident persons 5 (1) A marriage that is performed in Canada and that would be valid in Canada if the spouses were domiciled in Canada is valid for the purposes of Canadian law even though either or both of the spouses do not, at the time of the marriage, have the capacity to enter into it under the law of their respective state of domicile. Retroactivity (2) Subsection (1) applies retroactively to a marriage that would have been valid under the law that was applicable in the province where the marriage was performed but for the lack of capacity of either or both of the spouses to enter into it under the law of their respective state of domicile. Order dissolving marriage (3) Any court order, made in Canada or elsewhere before the coming into force of this subsection, that declares the marriage to be null or that grants a divorce to the spouses dissolves the marriage, for the purposes of Canadian law, as of the day on which the order takes effect. 2005, c. 33, s. 5; 2013, c. 30, s. 3; 2015, c. 29, s. 5(E)
Civil Marriage Act — C-31.5 6
Definition of court 6 In this Part, court , in respect of a province, means (a) for Ontario, the Superior Court of Justice; (b) for Quebec, the Superior Court; (c) for Nova Scotia and British Columbia, the Supreme Court of the province; (d) for New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the province; (e) for Prince Edward Island and Newfoundland and Labrador, the trial division of the Supreme Court of the province; and (f) for Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice. It also means any other court in the province whose judges are appointed by the Governor General and that is designated by the Lieutenant Governor in Council of the province as a court for the purposes of this Part. 2005, c. 33, s. 6; 2013, c. 30, s. 4
Civil Marriage Act — C-31.5 7
Divorce — non-resident spouses 7 (1) The court of the province where the marriage was performed may, on application, grant the spouses a divorce if (a) there has been a breakdown of the marriage as established by the spouses having lived separate and apart for at least one year before the making of the application; (b) neither spouse resides in Canada at the time the application is made; and (c) each of the spouses is residing — and for at least one year immediately before the application is made, has resided — in a state where a divorce cannot be granted because that state does not recognize the validity of the marriage. Application (2) The application may be made by both spouses jointly or by one of the spouses with the other spouse’s consent or, in the absence of that consent, on presentation of an order from the court or a court located in the state where one of the spouses resides that declares that the other spouse (a) is incapable of making decisions about his or her civil status because of a mental disability; (b) is unreasonably withholding consent; or (c) cannot be found. Exception if spouse is found (3) Despite paragraph (2)(c), the other spouse’s consent is required if that spouse is found in connection with the service of the application. 2005, c. 33, s. 7; 2013, c. 30, s. 4
Civil Marriage Act — C-31.5 8
No corollary relief 8 For greater certainty, the Divorce Act does not apply to a divorce granted under this Act. 2005, c. 33, s. 8; 2013, c. 30, s. 4
Civil Marriage Act — C-31.5 9
Effective date generally 9 (1) A divorce takes effect on the day on which the judgment granting the divorce is rendered. Certificate of divorce (2) After a divorce takes effect, the court must, on request, issue to any person a certificate that a divorce granted under this Act dissolved the marriage of the specified persons effective as of a specified date. Conclusive proof (3) The certificate, or a certified copy of it, is conclusive proof of the facts so certified without proof of the signature or authority of the person appearing to have signed the certificate. 2005, c. 33, s. 9; 2013, c. 30, s. 4
Civil Marriage Act — C-31.5 10
Legal effect throughout Canada 10 On taking effect, a divorce granted under this Act has legal effect throughout Canada. 2005, c. 33, s. 10; 2013, c. 30, s. 4
Civil Marriage Act — C-31.5 11
Marriage dissolved 11 On taking effect, a divorce granted under this Act dissolves the marriage of the spouses. 2005, c. 33, s. 11; 2013, c. 30, s. 4
Civil Marriage Act — C-31.5 12
Definition of competent authority 12 (1) In this section, competent authority , in respect of a court in a province, means the body, person or group of persons ordinarily competent under the laws of that province to make rules regulating the practice and procedure in that court. Rules (2) Subject to subsection (3), the competent authority may make rules applicable to any applications made under this Part in a court in a province, including rules (a) regulating the practice and procedure in the court; (b) respecting the conduct and disposition of any applications that are made under this Part without an oral hearing; (c) prescribing and regulating the duties of the officers of the court; and (d) prescribing and regulating any other matter considered expedient to attain the ends of justice and carry into effect the purposes and provisions of this Part. Exercise of power (3) The power of a competent authority to make rules for a court must be exercised in the like manner and subject to the like terms and conditions, if any, as the power to make rules for that court that are conferred on that authority by the laws of the province. Not statutory instruments (4) Rules that are made under this section by a competent authority that is not a judicial or quasi-judicial body are deemed not to be statutory instruments within the meaning and for the purposes of the Statutory Instruments Act . 2005, c. 33, s. 12; 2013, c. 30, s. 4
Civil Marriage Act — C-31.5 13
Regulations 13 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations providing for uniformity in the rules made under section 12 . Regulations prevail (2) Any regulations that are made to provide for uniformity in the rules prevail over those rules. 2005, c. 33, s. 13; 2013, c. 30, s. 4
Civil Service Insurance Act — C-31.6 1
Short title 1 This Act may be cited as the Civil Service Insurance Act . R.S., 1927, c. 23, s. 1
Civil Service Insurance Act — C-31.6 2
Definitions 2 In this Act, children includes adopted children; ( enfants ) common-law partner , in relation to an insured, means a person who is cohabiting with the insured in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait ) declaration means an instrument signed by the insured in which he apportions the insurance money payable under his insurance contract, if (a) the instrument is attached to the insurance contract, (b) an endorsement is made on the insurance contract with respect to the instrument, or (c) the instrument identifies or describes the insurance contract; ( déclaration ) instrument includes a will; ( acte ) insurance contract means any contract whereby, under the authority of this Act, the Minister contracts with a person for the payment of a certain sum of money to be made upon the death of that person; ( contrat d’assurance ) insurance money means the amount contracted to be paid by the Minister under an insurance contract; ( produit de l’assurance ) the insured means any person contracting with the Minister under this Act; ( l’assuré ) Minister means the Minister of Finance; ( Ministre ) will includes a codicil. ( testament ) R.S., 1952, c. 49, s. 2; 1974-75-76, c. 42, s. 1; 2000, c. 12, s. 78
Civil Service Insurance Act — C-31.6
children includes adopted children; ( enfants )
Civil Service Insurance Act — C-31.6
common-law partner , in relation to an insured, means a person who is cohabiting with the insured in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait )
Civil Service Insurance Act — C-31.6 (a)
declaration means an instrument signed by the insured in which he apportions the insurance money payable under his insurance contract, if (a) the instrument is attached to the insurance contract, (b) an endorsement is made on the insurance contract with respect to the instrument, or (c) the instrument identifies or describes the insurance contract; ( déclaration )
Civil Service Insurance Act — C-31.6
insurance contract means any contract whereby, under the authority of this Act, the Minister contracts with a person for the payment of a certain sum of money to be made upon the death of that person; ( contrat d’assurance )
Civil Service Insurance Act — C-31.6
insurance money means the amount contracted to be paid by the Minister under an insurance contract; ( produit de l’assurance )
Civil Service Insurance Act — C-31.6
the insured means any person contracting with the Minister under this Act; ( l’assuré )
Civil Service Insurance Act — C-31.6
Minister means the Minister of Finance; ( Ministre )
Civil Service Insurance Act — C-31.6 3
Insurance contract 3 Where it is stated in an insurance contract or in a declaration in respect thereof that the insurance contract is for the benefit of the spouse and children or of the children of the insured, without specifying their names, then the word children means all the children of the insured living at the time of his death. R.S., 1952, c. 49, s. 3; 1974-75-76, c. 42, s. 2
Civil Service Insurance Act — C-31.6 4
Superintendent of Financial Institutions 4 This Act shall be administered by the Superintendent of Financial Institutions. R.S., 1952, c. 49, s. 4; 1992, c. 1, s. 39
Civil Service Insurance Act — C-31.6 5
Who may insure 5 The Minister may contract with a person appointed to a permanent position in any branch of the federal public administration, whether civil or military, for the payment of a certain sum of money to be made on the death of the person. R.S., 1952, c. 49, s. 5; 1992, c. 1, s. 39; 2003, c. 22, s. 224(E)
Civil Service Insurance Act — C-31.6 6
Apportionment of insurance if the insured is a married man 6 Where the insured is a married man or a widower with children, the insurance contract shall be for the benefit of his wife, or of his wife and children, or of his wife and some one or more of his children, or of his children only, or of some one or more of them, and where the insurance contract is effected for the benefit of more than one, the insured may apportion the insurance money among them as he deems proper. R.S., 1927, c. 23, s. 6
Civil Service Insurance Act — C-31.6 7
If the insured is unmarried 7 Where the insured is an unmarried man, the insurance contract shall be for the benefit of his future wife, or of his future wife and children, and the insured may apportion the insurance money among them in such manner as he sees fit, but if, at the maturity of the contract, he is still unmarried, or is a widower without children, the insurance money shall fall into and become part of his estate. R.S., 1927, c. 23, s. 7
Civil Service Insurance Act — C-31.6 8
How evidenced 8 An apportionment under section 6 or 7 may be made in the insurance contract or by a declaration. R.S., 1952, c. 49, s. 8; 1974-75-76, c. 42, s. 3
Civil Service Insurance Act — C-31.6 9
Share of person dying before the insured 9 (1) Where an apportionment has been made as provided in sections 6 to 8 or in this section, and one or more of the persons in whose favour the apportionment has been made dies in the lifetime of the insured, the insured may by a declaration provide that the shares formerly apportioned to the person or persons so dying shall be for the benefit of the wife and children of the insured, or of one or more of them, as he sees fit. If no declaration (2) In default of such declaration the shares of the persons so dying shall be for the benefit of the survivor, or survivors of the persons in whose favour the apportionment was made, in equal shares if more than one. If all the beneficiaries die (3) Where an apportionment has been made as provided in sections 6 to 8 or in this section and all the persons in whose favour the apportionment has been made die in the lifetime of the insured, the insured may by a declaration provide that the insurance money shall be for the benefit of the wife and children of the insured, or of one or more of them, in such proportions as he sees fit, and in default of such declaration, the insurance money shall be for the benefit of his wife and his children, in equal shares. If insured survives wife, etc. (4) If the insured survives his wife and all his children the insurance money shall fall into and become part of the estate of the insured. R.S., 1952, c. 49, s. 9; 1974-75-76, c. 42, s. 4
Civil Service Insurance Act — C-31.6 10
In case of married woman or widow 10 (1) Where the insured is a married woman or a widow, the insurance contract shall be for the benefit of her husband, children, father, mother, brothers, sisters and any other person dependent on her, or one or more of them. In case of unmarried woman (2) Where the insured is an unmarried woman, the insurance contract shall be for the benefit of her future husband, future children, father, mother, brothers, sisters and any other person dependent on her, or one or more of them, but if, at the maturity of the insurance contract, she is still unmarried or is a widow without children, any insurance money that she has apportioned for the benefit of her future husband or future children shall be for the benefit of the other persons in whose favour an apportionment has been made, in equal shares, or where no such apportionment has been made, shall fall into and become part of the estate of the insured. In case of more than one beneficiary (3) Where the insured is a woman and the insurance contract is for the benefit of more than one person, the insured may apportion the insurance money among them in such a manner as she sees fit, and such apportionment may be made in the insurance contract or by a declaration. R.S., 1952, c. 49, s. 10; 1974-75-76, c. 42, s. 5
Civil Service Insurance Act — C-31.6 11
When one or more beneficiaries die during lifetime of insured 11 (1) Where an apportionment has been made as provided in section 10 or in this section and one or more of the persons in whose favour the apportionment has been made dies in the lifetime of the insured, the insured may by a declaration provide that the shares formerly apportioned to the person or persons so dying shall be for the benefit of the persons who may be her beneficiaries under this Act, or of one or more of them, in such proportions as she sees fit. In default of declaration (2) In default of such declaration the shares of the persons so dying shall be for the benefit of the survivor or survivors, if any, of the persons in whose favour the apportionment was so made, in equal shares if more than one. When all beneficiaries die during lifetime of insured (3) Where an apportionment has been made as provided in section 10 or in this section and all the persons in whose favour the apportionment has been made die in the lifetime of the insured, the insured may by a declaration provide that the insurance money shall be for the benefit of the persons who may be her beneficiaries under this Act, or of one or more of them, in such proportions as she sees fit and, in default of such declaration, the insurance shall fall into and become part of the estate of the insured. When insured survives beneficiaries (4) Where the insured survives all the persons who may be her beneficiaries under this Act, the insurance money shall fall into and become part of the estate of the insured. (5) [Repealed, 1974-75-76, c. 42, s. 6] R.S., 1952, c. 49, s. 11; 1974-75-76, c. 42, s. 6
Civil Service Insurance Act — C-31.6 12
Invalid will 12 (1) An apportionment in an instrument purporting to be a will is not ineffective by reason only of the fact that the instrument is invalid as a will or that the apportionment is invalid as a bequest under the will. Priorities (2) An apportionment in a will is of no effect against a declaration made later than the making of the will. Revocation (3) Where an apportionment is contained in a will and the will is subsequently revoked by operation of law or otherwise, the apportionment is thereby revoked. Idem (4) Where an apportionment is contained in an instrument that purports to be a will and the instrument, if valid as a will, would subsequently be revoked by operation of law or otherwise, the apportionment is thereby revoked. R.S., 1952, c. 49, s. 12; 1974-75-76, c. 42, s. 7
Civil Service Insurance Act — C-31.6 13
Where no apportionment is made 13 Where no apportionment is made of the insurance money as hereinbefore provided, all persons interested shall be held to share equally therein. R.S., 1927, c. 23, s. 13
Civil Service Insurance Act — C-31.6 14
Documents affecting title 14 (1) A payment of insurance money made pursuant to this Act before the Superintendent of Financial Institutions receives in Ottawa an instrument or an order of a court affecting the payment of the insurance money or a notarial copy or a copy verified by statutory declaration of the instrument or order discharges Her Majesty from liability under the insurance contract to the extent of the amount paid as if there were no instrument or order. Saving (2) Subsection (1) does not affect the rights or interests of any person other than Her Majesty. R.S., 1952, c. 49, s. 14; 1974-75-76, c. 42, s. 8; 1992, c. 1, s. 40