GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.118
Establishment 205.118 (1) An advisory council is established, composed of (a) four representatives of employees and four representatives of industry; (b) two representatives of the government of Canada and two representatives of the government of the Province; and (c) the Chief Safety Officer ex officio or his or her representative. Appointment of employee and industry representatives (2) Two of the employee representatives and two of the industry representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the other four shall be appointed jointly by the provincial counterparts of those Ministers. Consultation (3) Before making any appointment referred to in subsection (2), the Federal Minister and the Minister of Labour, or their provincial counterparts, as the case may be, shall consult with non-management employees, or the unions representing them, on the appointment of an employee representative and with industry associations on the appointment of an industry representative. Appointment of government representatives (4) The federal government representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the provincial government representatives shall be appointed jointly by the provincial counterparts of those Ministers. Mandate (5) The mandate of the advisory council is to advise the Regulator, the Federal Minister, the Minister of Labour and the provincial counterparts of those Ministers on (a) the administration and enforcement of this Part; and (b) any other matter related to occupational health and safety that is referred to it by any of them. Remuneration and expenses (6) At the discretion of the Federal Minister, the Minister of Labour and their provincial counterparts, the members of the advisory council may be paid (a) the remuneration that may be jointly fixed by those Ministers and their provincial counterparts; and (b) any reasonable travel and living expenses that are incurred by the members while carrying out their duties or functions away from their ordinary place of residence. The Regulator shall pay that remuneration and those expenses. Duration and renewal of appointments (7) Members are to be appointed for a term of not more than five years and may be reappointed. Chairpersons (8) The advisory council is to have two chairpersons selected from among its members. One of the chairpersons shall be selected by the employee representatives and the other shall be selected by the industry representatives. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.119
Appointment of auditor 205.119 (1) The Federal Minister or the Provincial Minister, or both, may appoint any individual as auditor to measure and report on the effectiveness of the Regulator in carrying out its duties and functions under this Part. A report of the audit shall be made, as soon as practicable, to each of those Ministers and the Regulator. Access to information (2) The auditor is entitled to free access at all convenient times to information that relates to the fulfilment of their responsibilities and is also entitled to require and receive from the Regulator and from any persons or committees having duties or functions under this Part any information — including reports — and explanations that they consider necessary for that purpose. Inquiries (3) The auditor may examine any individual on oath on any matter pertaining to the effectiveness of the Regulator in carrying out its duties and functions under this Part and, for the purposes of an examination, may exercise all the powers of a commissioner under Part I of the Inquiries Act . Secondary release of information (4) Information — including reports — and explanations disclosed to the auditor under subsection (2) shall not be further disclosed by the auditor without the consent in writing of the person to whom it relates. Consideration of report (5) The Regulator shall consider the report of the audit and, within 60 days after the day on which the Regulator receives the report, it shall send to the auditor its written response to the report, and send a copy of that response to the Federal Minister and the Provincial Minister. Cost of audit (6) If the Federal Minister and the Provincial Minister jointly appoint the auditor, they may also jointly agree, with the consent in writing of the Provincial Minister as defined in section 2, to require the cost of the audit to be borne by the Regulator. If only one of those Ministers appoints the auditor, that Minister shall pay the cost of the audit. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.12
Inquiries 205.12 (1) The Federal Minister, the Provincial Minister, the Federal Minister jointly with the Provincial Minister or the Regulator may appoint one or more individuals to inquire into and report on occupational health and safety matters that are related to employment to which this Part applies. Powers of appointee (2) An individual who is appointed by the Federal Minister, by the Federal Minister jointly with the Provincial Minister or by the Regulator has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act , and the powers that may be conferred on a commissioner under section 11 of that Act. Witnesses (3) Every witness who attends and gives evidence at an inquiry under this section is entitled to be paid reasonable travel and living expenses incurred by the witness in doing so and the witness fees prescribed in the tariff of fees in use in the Supreme Court of Newfoundland and Labrador. Consideration of report (4) Once the Regulator receives a copy of the report, it shall consider the report and shall, within 60 days after the day on which it is received, send to the Federal Minister and the Provincial Minister its written response to the report. Directions to Regulator (5) If one or more individuals are appointed by a Minister or Ministers under subsection (1) in respect of a matter, the Minister or Ministers making the appointment may, if that Minister or those Ministers determine that an inquiry is being conducted under section 165 in respect of the same matter, direct that the Regulator terminate that inquiry and provide to that individual or those individuals any records or evidence collected in respect of the matter. Directions binding (6) The Regulator shall comply with a direction made under subsection (5). Costs of inquiry (7) If the Federal Minister and the Provincial Minister jointly appoint the individual or individuals under subsection (1), they may also jointly agree, with the consent in writing of the Provincial Minister as defined in section 2, to require the cost of the inquiry to be borne by the Regulator. If only one of those Ministers appoints an individual or individuals under that subsection, that Minister shall pay the cost of the inquiry. 2014, c. 13, s. 45 2024, c. 20, s. 99 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.121
Definitions 205.121 The definitions in this section apply in this section and sections 205.122 and 205.123. electronic document means any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by an individual or by any means. ( document électronique ) information system means a system used to generate, send, receive, store or otherwise process an electronic document. ( système d’information ) 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
electronic document means any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by an individual or by any means. ( document électronique )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
information system means a system used to generate, send, receive, store or otherwise process an electronic document. ( système d’information )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.122
Use not mandatory 205.122 No provision of this Part or of the regulations made under this Part requires an electronic document to be created or provided. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.123
Creation of information in writing 205.123 (1) A requirement under this Part that a notice, document or other information be created in writing is satisfied by the creation of an electronic document if (a) the information in the electronic document is accessible so as to be usable for subsequent reference; and (b) the regulations pertaining to this subsection, if any, have been complied with. Provision of information (2) A requirement under this Part that a notice, document or other information be provided under this Part, whether or not it is required to be provided in writing, is satisfied by the provision of an electronic document if (a) the addressee has designated an information system for the receipt of the electronic document; (b) the electronic document is provided to the designated information system, unless otherwise prescribed; (c) the information in the electronic document is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and (d) the regulations pertaining to this subsection, if any, have been complied with. Requirement for consent (3) If a consent is required to be given in writing under this Part, the requirement is satisfied by the provision of an electronic document that signifies that consent has been given if (a) the addressee has designated an information system for the receipt of the electronic document; (b) the electronic document is provided to the designated information system, unless otherwise prescribed; (c) the information in the electronic document that signifies that consent has been given is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and (d) the regulations pertaining to this subsection, if any, have been complied with. Exceptions (4) Despite subsection (2), the reasons referred to in subsection 205.059(5) and the decision referred to in subsection 205.099(3) shall be provided in writing. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.124
f a permission under section 205.069 or 205.07 is prohibited; (t) respecting the operation of an advisory council established under section 205.118; (u) respecting any matter necessary for the purposes of the application of section 205.123, including (i) the time and circumstances when, and the place where, an electronic document, as defined in section 205.121, is to be considered to have been provided or received, and (ii) the circumstances in which a secure electronic signature, as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act , is required to be linked to an electronic document, as defined in section 205.121; and (v) prescribing anything that by this Part is to be prescribed. Incorporation by reference (2) Regulations made under subsection (1) may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time. No registration or publication (3) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. Regulations general or specific (4) Regulations made under subsection (1) may be made applicable to all persons or one or more classes of persons. Recommendation of Minister of Transport (5) Regulations made under subsection (1) in respect of employees and other passengers on a passenger craft, or the passenger craft, shall, in addition to the requirement set out in that subsection, be made on the recommendation of the Minister of Transport. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 206
Definitions 206 The following definitions apply in this Part. Consumption Tax Acts means section 2 and Parts I, II, III, VIII and IX of and the schedule to the Revenue Administration Act , S.N.L. 2009, c. R-15.01, as amended from time to time, and any other Act of the Legislature of the Province, as amended from time to time, that may be prescribed. ( lois sur la taxe à la consommation ) Insurance Companies Tax Act means section 2 and Parts I, II and VI of and the schedule to the Revenue Administration Act , S.N.L. 2009, c. R-15.01, as amended from time to time. ( Loi sur l’imposition des compagnies d’assurances ) Newfoundland and Labrador Income Tax Act means the Income Tax Act, 2000 , S.N.L. 2000, c. I-1.1, as amended from time to time. ( Loi de l’impôt sur le revenu de Terre-Neuve-et-Labrador ) Revenue Fund means the account established under section 214. ( Fonds de recettes ) 1987, c. 3, s. 206; 2014, c. 13, s. 46
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Consumption Tax Acts means section 2 and Parts I, II, III, VIII and IX of and the schedule to the Revenue Administration Act , S.N.L. 2009, c. R-15.01, as amended from time to time, and any other Act of the Legislature of the Province, as amended from time to time, that may be prescribed. ( lois sur la taxe à la consommation )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Insurance Companies Tax Act means section 2 and Parts I, II and VI of and the schedule to the Revenue Administration Act , S.N.L. 2009, c. R-15.01, as amended from time to time. ( Loi sur l’imposition des compagnies d’assurances )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Newfoundland and Labrador Income Tax Act means the Income Tax Act, 2000 , S.N.L. 2000, c. I-1.1, as amended from time to time. ( Loi de l’impôt sur le revenu de Terre-Neuve-et-Labrador )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Revenue Fund means the account established under section 214. ( Fonds de recettes )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 207
Imposition of consumption taxes in offshore area 207 (1) There shall be imposed, levied and collected under this Part in respect of the offshore area, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Consumption Tax Acts if the offshore area were in the Province. Exception (2) Despite subsection (1), if taxes are imposed in respect of any matter under any of the Consumption Tax Acts and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter. Application of Newfoundland and Labrador legislation (3) Subject to this Act and the regulations made under it, the Consumption Tax Acts and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing, (a) a reference in those Acts to the Crown is to be read as a reference to Her Majesty in right of Canada; (b) a reference in those Acts to the province is to be read as a reference to the offshore area; and (c) a reference in those Acts to the Minister responsible for the administration of any of those Acts is to be read as a reference to the Minister of Finance. Newfoundland and Labrador regulations (3.1) The following regulations apply for the purposes of subsection (3): (a) any regulations made under the Consumption Tax Acts; and (b) any regulations made under section 107, 108, 111, 112 or 114 of the Revenue Administration Act , S.N.L. 2009, c. R-15.01, as that Act is amended from time to time. Binding on certain entities (4) This section is binding on (a) the corporations mentioned in Schedule I to the Federal-Provincial Fiscal Arrangements Act , if Newfoundland and Labrador is a participating province as defined in subsection 31(1) of that Act; and (b) the corporations mentioned in Schedule II to that Act. 1987, c. 3, s. 207; 2014, c. 13, s. 46
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 208
Insurance companies tax in offshore area 208 (1) There shall be imposed, levied and collected under this Part in respect of the insurance premiums received by any company with respect to property that is situated in the offshore area at the time the insurance premiums become payable, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Insurance Companies Tax Act if the property were situated in the Province. Exception (2) Despite subsection (1), if taxes are imposed in respect of any matter under the Insurance Companies Tax Act and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter. Application of Newfoundland and Labrador legislation (3) Subject to this Act and the regulations made under it, the Insurance Companies Tax Act and any regulations made under section 107 of the Revenue Administration Act , S.N.L. 2009, c. R-15.01, as that Act is amended from time to time, apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing, (a) a reference in that Act to the Crown is to be read as a reference to Her Majesty in right of Canada; (b) a reference in that Act to the province is to be read as a reference to the offshore area; and (c) a reference in that Act to the Minister responsible for the administration of that Act is to be read as a reference to the Minister of Finance. Definition of company (4) In this section, company has the same meaning as in the Insurance Companies Tax Act. 1987, c. 3, s. 208; 2014, c. 13, s. 46
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 210
Transfer of powers and duties 210 (1) Where a tax administration agreement is entered into, the Provincial Minister, on behalf of, or as agent for, the Minister of Finance, is hereby authorized to perform all the duties and to exercise all the powers and any discretion that the Minister of Finance or the Deputy Minister of Finance has under this Part. Transfer of powers and duties (2) If a tax administration agreement is entered into, the Minister of Finance of the Province may (a) perform the duties and exercise any power or discretion that the Provincial Minister has under subsection (1) or otherwise under this Part; and (b) designate officers of the Department of Finance of the Province to carry out any functions, perform any duties and exercise any powers that are similar to those that are carried out, exercised or performed by them on behalf of the Provincial Minister under the Consumption Tax Acts and the Insurance Companies Tax Act. 1987, c. 3, s. 210; 2014, c. 13, s. 48
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 211
Imposition of corporate income tax in offshore area 211 (1) There shall be imposed, levied and collected under this Part in respect of the taxable income of a corporation earned in a taxation year in the offshore area, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Newfoundland and Labrador Income Tax Act in respect of that taxable income if the offshore area were in the Province. Exception (2) Despite subsection (1), if taxes are imposed under the Newfoundland and Labrador Income Tax Act in respect of taxable income of a corporation earned in a taxation year in the Province and taxes would, but for this subsection, be imposed under subsection (1) in respect of that taxable income, no taxes shall be imposed under subsection (1) in respect of that taxable income. Application of Newfoundland and Labrador Income Tax Act (3) Subject to this Act and the regulations made under it, the Newfoundland and Labrador Income Tax Act and any regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing, (a) a reference in that Act to Her Majesty in right of the Province of Newfoundland and Labrador is to be read as a reference to Her Majesty in right of Canada; (b) a reference in that Act to the province is to be read as a reference to the offshore area; and (c) a reference in that Act to the “Minister of Finance” is to be read as a reference to (i) in relation to the remittance of any amount as or on account of tax payable under that Act, the Receiver General for Canada, and (ii) in relation to any other matter, the Minister of National Revenue for Canada. Newfoundland and Labrador regulations (3.1) The following regulations apply for the purposes of subsection (3): (a) any regulations made under the Newfoundland and Labrador Income Tax Act; and (b) any regulations made under an Act that was replaced by the Newfoundland and Labrador Income Tax Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Newfoundland and Labrador Income Tax Act. Determination of taxable income earned in offshore area (4) For the purposes of this section, the taxable income of a corporation earned in a taxation year in the offshore area or in the Province shall be determined in accordance with rules prescribed by regulations for the purposes of the definition taxable income earned in the year in a province in subsection 124(4) of the Income Tax Act . 1987, c. 3, s. 211; 2014, c. 13, s. 49
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 212
Remittance to Receiver General 212 (1) All taxes, interest, penalties or other sums payable under section 207, 208 or 211 are payable and shall be remitted to the Receiver General. Consolidated Revenue Fund (2) On the collection or receipt of any taxes, interest, penalties or other sums by the Government of the Province pursuant to this Part, the taxes, interest, penalties or other sums shall be deposited as soon as practicable to the credit of the Receiver General and paid into the Consolidated Revenue Fund in the manner prescribed by the Treasury Board under the Financial Administration Act . Collection of excess sums (3) Every person who knowingly collects or receives any sum of money as taxes under this Part in circumstances where the sum is not payable shall forthwith (a) refund the sum to the person from whom he collected it; or (b) if the person referred to in paragraph (a) is not known or readily ascertainable, pay the sum to the Receiver General. 1987, c. 3, s. 212; 2015, c. 4, s. 67(F)