GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 35
Punishment 35 (1) Every person who is guilty of an offence under this Act is liable to (a) on conviction on indictment, a fine of not more than $5,000,000; or (b) on summary conviction, a fine of not more than $500,000. Order to comply (2) If a corporation has been convicted of an offence under this Act, the court may, in addition to any punishment it may otherwise impose, order it to comply with the provisions of this Act and the regulations. Additional fine (3) If a corporation has been convicted of an offence under this Act, the court may, if it is satisfied that as a result of the commission of the offence the corporation acquired any monetary benefits, order the corporation to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to three times the court’s estimation of the amount of those monetary benefits.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 36
Liability of officers, directors, etc. 36 If a corporation commits an offence under this Act, any of its officers, directors, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable, whether or not the corporation has been prosecuted or convicted, to (a) on conviction on indictment, a fine of not more than $1,000,000 or imprisonment for a term of not more than five years, or both; or (b) on summary conviction, a fine of not more than $100,000 or imprisonment for a term of not more than one year, or both.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 37
Limitation period or prescription 37 (1) Proceedings by way of summary conviction in respect of an offence under this Act may be commenced at any time within, but not later than, two years after the day on which the subject matter of the proceedings became known to the Minister. Certificate of Minister (2) A document appearing to have been issued by the Minister certifying the day on which the subject matter of any proceedings became known to the Minister is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is, in the absence of evidence to the contrary, proof of the matter asserted in it.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 38
Appeal with leave 38 An appeal lies to the court of appeal of a province from any order made under this Act by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 39
Recovery and application of fines 39 All fines payable under this Act are recoverable and enforceable, with costs, at the suit of Her Majesty, instituted by the Attorney General of Canada, and, when recovered, belong to Her Majesty.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 40
No liability 40 No action lies against Her Majesty, the Minister, the Superintendent or any employee or agent of Her Majesty for anything done or omitted to be done in good faith in the exercise or performance of any powers, duties or functions that under this Act are intended or authorized to be exercised or performed.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 41
Regulations 41 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) imposing conditions on an approved mortgage insurer in order to mitigate the risks to Her Majesty that arise from the provision of mortgage or hypothecary insurance protection under this Act; (b) respecting the payment of fees under section 9 , including the amount of those fees or the manner of calculating them; (c) respecting the designation, by approved mortgage insurers, of mortgage or hypothecary lenders as qualified mortgage lenders; (d) prescribing the exceptions to each of the requirements under section 11 ; (e) prescribing the exceptions to each of the prohibitions under section 14 ; (f) prescribing, for the purposes of subsection 15 (1), the manner in which books and records are to be kept and retained and the manner in which information is to be retained; (g) prescribing, for the purposes of subsection 15 (5), the manner in which the books, records and information are to be made available to the public; and (h) prescribing anything that is required or authorized by this Act to be prescribed.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 42
Ministerial regulations 42 (1) The Minister may, after consulting with the Governor of the Bank of Canada and the Superintendent, make regulations establishing criteria that a mortgage or hypothecary loan must meet in order for it to be an eligible mortgage loan. Criterion  — guarantee (1.1) Any criterion established by a regulation made under subsection (1) that relates to a guarantee of payment referred to in subsection 14(1) of the National Housing Act may apply to an existing insured mortgage or hypothecary loan. Ministerial regulations — agreements and undertakings (2) The Minister may make regulations specifying, for the purposes of paragraph 43(k), agreements entered into by Her Majesty and a company in respect of mortgage or hypothecary insurance, and undertakings given by a company under an agreement as defined in section 43 . Coming into force (3) A regulation made under this section comes into force on the day on which it is published in the Canada Gazette or on any later day that is specified in the regulation unless the regulation provides otherwise and it gives effect to a budgetary or other public announcement, in which case the regulation must not come into force before the day on which the announcement was made. 2011, c. 15, s. 20 “42”; 2014, c. 20, s. 315
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 43
Definition of agreement 43 In sections 44 to 48 , agreement means (a) the agreement entered into by Her Majesty and The Mortgage Insurance Company of Canada that was made on January 1, 1991 and subsequently assigned to GE Capital Mortgage Insurance Company (Canada); (b) the Management Agreement entered into by Her Majesty, The Mortgage Insurance Company of Canada, Royal Bank Investment Management Inc., and Royal Trust Corporation of Canada that was made on November 1, 1991; (c) the agreement entered into by Her Majesty and AIG United Guaranty Mortgage Insurance Company Canada that was made on November 21, 2006; (d) the Custody and Security Agreement entered into by Her Majesty, AIG United Guaranty Mortgage Insurance Company Canada and RBC Dexia Investor Services Trust that was made on November 21, 2006; (e) the Management Agreement entered into by Her Majesty, AIG United Guaranty Mortgage Insurance Company Canada and RBC Dominion Securities Inc. that was made on November 21, 2006; (f) the agreement entered into by Her Majesty and PMI Mortgage Insurance Company Canada that was made on July 12, 2007; (g) the Custody and Security Agreement entered into by Her Majesty, PMI Mortgage Insurance Company Canada and Citibank Canada that was made on July 12, 2007; (h) the Management Agreement entered into by Her Majesty, PMI Mortgage Insurance Company Canada and TD Asset Management Inc. that was made on July 12, 2007; (i) the Management Agreement entered into by Her Majesty, Canada Guaranty Mortgage Insurance Company and Phillips, Hager & North Investment Management Ltd. that was made on May 5, 2010; (j) any reinsurance agreement to which Her Majesty and a company or a predecessor to a company are parties; (k) any agreement or undertaking specified in regulations made under subsection 42 (2); or (l) any amendment to an agreement referred to in any of paragraphs (a) to (k).
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 44
Agreements are terminated 44 The agreements are terminated and all obligations and liabilities arising out of the agreements and all rights acquired under them are extinguished.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 45
No liability 45 No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement, lies or may be instituted by anyone against Her Majesty or any minister or any employee or agent of Her Majesty, or any person engaged to provide advice or services to Her Majesty in relation to any agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise or performance of their powers, duties and functions.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 46
No compensation 46 No one is entitled to any compensation from Her Majesty in connection with the coming into force of section 44 .
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 47
Obligation to send statement 47 (1) Within 30 days after the day on which this Act comes into force or any longer period that the Minister allows, each company must send to the Minister a written statement indicating, as of the time immediately before this Act comes into force, the following amounts: (a) the amount of cash on deposit in any custodial account, trust account, guarantee fund or similar account or fund established under an agreement in respect of the company; and (b) the current market value of all securities held in those accounts or funds. Audit of statement (2) The Minister may cause the statement to be audited.
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 48
Ownership 48 For greater certainty, the cash on deposit in, and the securities held in, any custodial account, trust account, guarantee fund or similar account or fund established under an agreement in respect of a company belong to the company on the coming into force of this Act.
Prohibition of International Air Services Act — P-25 1
Short title 1 This Act may be cited as the Prohibition of International Air Services Act . 1980-81-82-83, c. 61, s. 1
Prohibition of International Air Services Act — P-25 2
Definitions 2 In this Act, air carrier means any person who operates a commercial air service; ( transporteur aérien ) aircraft means any aircraft other than an aircraft that is used in military, customs or police service; ( aéronef ) commercial air service means any use of aircraft for hire or reward. ( service aérien commercial ) 1980-81-82-83, c. 61, s. 2
Prohibition of International Air Services Act — P-25
air carrier means any person who operates a commercial air service; ( transporteur aérien )
Prohibition of International Air Services Act — P-25
aircraft means any aircraft other than an aircraft that is used in military, customs or police service; ( aéronef )
Prohibition of International Air Services Act — P-25
commercial air service means any use of aircraft for hire or reward. ( service aérien commercial )
Prohibition of International Air Services Act — P-25 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. 1980-81-82-83, c. 61, s. 2
Prohibition of International Air Services Act — P-25 4
Order of Governor in Council 4 (1) Where the Minister of Foreign Affairs certifies to the Governor in Council that a state is in default within the meaning of subsection (2), the Governor in Council may, by order, prohibit air carriers from carrying out any one or more of the following activities, having regard to the circumstances: (a) operating a commercial air service between Canada and the defaulting state; (b) where an air carrier is an air carrier of the defaulting state, operating a commercial air service between Canada and any other state; (c) flying across Canadian territory, if the flight is coming from or going to the defaulting state; (d) landing in Canada, if the flight is coming from or going to the defaulting state; (e) where an air carrier is an air carrier of the defaulting state, flying across Canadian territory; and (f) where an air carrier is an air carrier of the defaulting state, landing in Canada. When a state is in default (2) For the purposes of subsection (1), a state is in default if the state has not extradited or prosecuted any of the parties to an unlawful act or has not permitted the continuation of the journey of the passengers and crew of an aircraft in respect of which an unlawful act has been committed or has not returned an aircraft in respect of which an unlawful act has been committed to the persons lawfully entitled to possession thereof. Definition of “unlawful act” (3) In subsection (2), an unlawful act means any act by which a person, while on board an aircraft in flight, by force or threat of force, seizes or exercises control over the aircraft or attempts to do so. Aircraft in flight (4) For the purposes of subsection (3), an aircraft is deemed to be in flight from the time all its external doors are closed following embarkation until such time as one of the doors is opened for disembarkation or, in the case of a forced landing, until such time as the competent authorities take responsibility for the aircraft and the persons and property on board. R.S., 1985, c. P-25, s. 4; 1995, c. 5, s. 25
Prohibition of International Air Services Act — P-25 5
Amendment or repeal of order 5 The Governor in Council may amend or repeal any order made under subsection 4(1). 1980-81-82-83, c. 61, s. 4
Prohibition of International Air Services Act — P-25 6
Offence 6 Every air carrier that fails to comply with an order made under subsection 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars. 1980-81-82-83, c. 61, s. 5
Provincial Subsidies Act — P-26 1
Short title 1 This Act may be cited as the Provincial Subsidies Act . R.S., c. P-26, s. 1
Provincial Subsidies Act — P-26 2
Subsidy to New Brunswick in lieu of export duty on lumber 2 The Province of New Brunswick, in consideration of the Legislature thereof having passed an Act providing for the repeal of all duties of export on lumber exported from the Province, shall, so long as no such duties of export are imposed by the Legislature, be paid, in addition to the subsidy to which the Province is entitled, a subsidy at the rate of one hundred and fifty thousand dollars annually, as indemnity for the loss of such duties and the right to impose them. R.S., c. P-26, s. 2
Provincial Subsidies Act — P-26 3
Subsidy to Prince Edward Island 3 (1) To the Province of Prince Edward Island, there shall continue to be paid, in addition to all other subsidies and allowances payable to the Province, an annual allowance or subsidy of twenty thousand dollars, payable half-yearly in advance on the first days of July and January in each and every year. Additional allowance (2) To the Province of Prince Edward Island, there shall also continue to be paid, in addition to all other sums authorized by law, an annual allowance of thirty thousand dollars, payable half-yearly in advance on the first days of July and January in each and every year. In settlement of certain claims (3) The annual allowance mentioned in subsection (2) shall be paid and accepted in full settlement of all claims of the Province against the Government of Canada on account of alleged non-fulfilment of the terms of union between Canada and the Province with respect to the maintenance of efficient steam communication between the Island and the mainland. R.S., c. P-26, s. 3
Provincial Subsidies Act — P-26 4
Subsidy to Manitoba 4 The following amounts shall be allowed as the annual subsidy to the Province of Manitoba and shall be paid yearly to the Province: (a) for the support of the Government and Legislature, fifty thousand dollars; (b) on an estimated population of one hundred and fifty thousand, at eighty cents per capita, one hundred and twenty thousand dollars, subject to be increased as hereinafter mentioned, that is to say, a census of the Province shall be taken in every fifth year, reckoning from the general census of 1881; and an approximate estimate of the population shall be made at equal intervals of time between each quinquennial and decennial census; and whenever the population, by any such census or estimate, exceeds one hundred and fifty thousand, which shall be the minimum on which the allowance shall be calculated, the amount of the allowance shall be increased accordingly, and so on, until the population has reached four hundred thousand; and (c) as an indemnity for the want of public lands, one hundred thousand dollars. R.S., c. P-26, s. 4
Provincial Subsidies Act — P-26 5
Allowances to provinces in relation to amount of debt 5 (1) In the accounts between the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick and British Columbia, respectively, and Canada, the amounts payable to and chargeable against those Provinces respectively, in so far as they depend on the amount of debt with which each province entered the Union, shall be calculated and allowed as if (a) in the case of the Provinces of Ontario and Quebec respectively, the sum fixed by section 112 of the Constitution Act, 1867 was increased from sixty-two million five hundred thousand dollars to seventy-three million six hundred and eighty-eight dollars and eighty-four cents; (b) in the case of the Province of Nova Scotia, the amount fixed by section 114 of that Act was increased in the same proportion; (c) in the case of the Province of New Brunswick, the amount fixed by section 115 of that Act was increased in the same proportion; and (d) in the case of the Province of British Columbia, the amount on which it was to receive interest fixed by or under the terms and conditions on which the Province was admitted into Canada was increased in the same proportion. As to Nova Scotia (2) The increased subsidy to be allowed to the Province of Nova Scotia under this section shall be based on the sum of nine million one hundred and eighty-six thousand seven hundred and fifty-six dollars, as if that sum had been mentioned in section 114 of the Constitution Act, 1867 , instead of the sum of eight million dollars. R.S., c. P-26, s. 5
Provincial Subsidies Act — P-26 6
Calculation of allowances to Ontario and Quebec, and to Nova Scotia and New Brunswick 6 (1) In the accounts between the several provinces and Canada, the amounts by which the yearly subsidy to each province was increased by An Act to re-adjust the amounts payable to and chargeable against the several Provinces of Canada by the Dominion Government, so far as they depend on the debt with which they respectively entered the Union , chapter 30 of the Statutes of Canada, 1873, as explained with respect to the Province of Nova Scotia by An Act to declare the intention of the Act thirty-sixth Victoria, chapter thirty, as regards the subsidy to be allowed to Nova Scotia , chapter 3 of the Statutes of Canada, 1874, shall be calculated and allowed to the Provinces of Ontario and Quebec jointly, as having formed the former Province of Canada, and to the Provinces of Nova Scotia and New Brunswick, as if those Acts had directed that such increase be allowed from the day of the coming into force of the Constitution Act, 1867 . Capital bearing interest at five per cent (2) The total amount of the half-yearly payments that would in that case have been made on account of such increase from July 1, 1867 up to and including January 1, 1873, with interest on each at five per cent per annum, from the day on which it would have been so paid to July 1, 1884, shall be deemed capital owing to those Provinces respectively, bearing interest at five per cent per annum and the interest shall be payable to them as part of their yearly subsidies from Canada. R.S., c. P-26, s. 6
Provincial Subsidies Act — P-26 7
As to British Columbia and Prince Edward Island 7 (1) In the accounts between Canada and the Provinces of British Columbia and Prince Edward Island, the amounts calculated and allowed as the debts of those Provinces respectively, on April 19, 1884, and on which they were then paid interest by Canada, shall be increased by amounts bearing the same proportion to the respective populations of those Provinces, as ascertained by the census of 1881, as the total of the amounts to be added under section 6 as capital owing to the Provinces of Ontario and Quebec and Nova Scotia and New Brunswick, bear to the combined population of the four last-named Provinces, as ascertained by the census of 1881. Capital bearing interest at five per cent (2) The amounts of the increases referred to in subsection (1), with respect to the Provinces of British Columbia and Prince Edward Island, shall be deemed capital owing to those Provinces respectively, bearing interest at the rate of five per cent per annum, which interest shall be payable to them as part of their respective subsidies from Canada. R.S., c. P-26, s. 7
Provincial Subsidies Act — P-26 8
Capital and yearly payments specified 8 The amount of the increase of the yearly subsidy and the capital on which the subsidy is payable to the several provinces respectively, under sections 6 and 7 shall be as follows: Yearly Increase Capital Ontario and Quebec, jointly $269,875.16 $5,397,503.13 Nova Scotia 39,939.68 798,793.45 New Brunswick 30,225.97 604,519.35 British Columbia 4,155.39 83,107.88 Prince Edward Island 9,148.68 182,973.78 R.S., c. P-26, s. 8
Provincial Subsidies Act — P-26 9
Calculation of sum on which interest is payable to Manitoba as subsidy 9 (1) The capital sum on which the Province of Manitoba is entitled to receive half-yearly payments of interest at the rate of five per cent per annum, as fixed by An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba , chapter 3 of the Statutes of Canada, 1870, and as readjusted or increased by any subsequent Act, shall continue to be calculated on a population of one hundred and twenty-five thousand at a rate per capita ascertained by dividing the sum of five hundred and fifty-one thousand four hundred and forty-seven dollars by seventeen thousand, which was the estimated population of the Province under that Act, the said sum of five hundred and fifty-one thousand four hundred and forty-seven dollars being the amount of capital on which the Province was entitled to receive interest under and by virtue of section 24 of that Act and An Act to re-adjust the amounts payable to and chargeable against the several Provinces of Canada by the Dominion Government, so far as they depend on the debt with which they respectively entered the Union , chapter 30 of the Statutes of Canada, 1873. Charges thereon (2) The Province of Manitoba shall be charged with such advances as had, up to July 20, 1885, been made to the Province and with such expenditure as had been made therein by Canada for purposes of a strictly local character, and with a further sum of one hundred and fifty thousand dollars, which the Government of Canada may advance to the Province to meet the expenditure of constructing a lunatic asylum, and other exceptional services. R.S., c. P-26, s. 9
Provincial Subsidies Act — P-26 10
Payments and grants under R.S.C., c. 124, 1927 10 The grant of swamp lands and of lands not exceeding one hundred and fifty thousand acres as an endowment to the University of Manitoba, authorized by Part I of the Manitoba Supplementary Provisions Act , and the payments to the Province of Manitoba hereinbefore authorized, shall be made as a full settlement of all claims made by that Province for the reimbursement of costs incurred in the government of the disputed territory, or the reference of the boundary question to the Judicial Committee of the Privy Council, and all other questions and claims discussed between Canada and the provincial governments, up to January 10, 1885. R.S., c. P-26, s. 10