GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulations Implementing the United Nations Resolutions on Somalia — 9
Exception — Somalia 9 (1) Subsection 3(1) and paragraph 5(a) do not apply to arms and related material that are intended for use by Somalia unless those items are set out in the annex to Security Council Resolution 2111, in which case the activity must be approved in advance by the Committee of the Security Council. Exception — security sector (2) Subsection 3(1) and paragraph 5(a) do not apply to an activity that is intended solely to develop Somalia’s security sector, if the Committee of the Security Council has been notified five working days in advance of the activity and does not object. SOR/2019-60, s. 18 SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 10
Exception — suppression of piracy 10 (1) Subsection 3(1) and paragraph 5(a) do not apply to an activity that is intended solely to support a Member State of the United Nations or an international, regional or sub-regional organization in undertaking measures to suppress piracy and armed robbery at sea off the coast of Somalia, if the activity is in accordance with Security Council Resolution 2111. Exception — Canadian vessels (2) Subsection 3(1) does not apply to arms and related material that are carried for defensive purposes on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001 . SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 11
Assisting in prohibited activity 11 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by sections 2 to 6. SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 12
Duty to determine 12 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person under paragraph 3 or a designated person under paragraph 8: (a) authorized foreign banks , as defined in section 2 of the Bank Act , in respect of their business in Canada, and banks regulated by that Act; (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act ; (c) foreign companies , as defined in subsection 2(1) of the Insurance Companies Act , in respect of their insurance business in Canada; (d) companies , provincial companies and societies , as those terms are defined in subsection 2(1) of the Insurance Companies Act ; (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities regulated by a provincial Act that are engaged in the business of insuring risks; (f) companies regulated by the Trust and Loan Companies Act ; (g) trust companies regulated by a provincial Act; (h) loan companies regulated by a provincial Act; (i) entities that engage in any activity described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client; and (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services. SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 13
Duty to disclose — RCMP or CSIS 13 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 12 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service (a) the existence of property in their possession or control that they have reason to believe is owned, held or controlled by or on behalf of a designated person under paragraph 3 or a designated person under paragraph 8; and (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity (2) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1). SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 14
Exemption 14 (1) A person that wishes to engage in any activity that is prohibited under these Regulations must, before doing so, apply to the Minister in writing for a certificate to exempt the activity from the application of the Regulations. Certificate (2) The Minister must issue the certificate if the Security Council did not intend that the activity be prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance. SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 15
Basic or extraordinary expenses 15 (1) A person whose property is affected by the application of section 2 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision. Certificate (2) If it is established in accordance with Security Council Resolution 1844 that the property is necessary for basic or extraordinary expenses or that it is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following time periods: (a) within 15 working days after receiving the application, in the case of property necessary for basic expenses, if the Committee of the Security Council did not oppose the application; (b) within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the Committee of the Security Council approved the application; and (c) within 90 working days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that (i) was created or issued before the person became a designated person under paragraph 3 or a designated person under paragraph 8, (ii) is not for the benefit of a person referred to in subparagraph (i), and (iii) has been brought to the attention of the Committee of the Security Council by the Minister. SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 16
Mistaken identity 16 (1) A person whose name is the same as or similar to the name of a designated person under paragraph 3 or a designated person under paragraph 8 and that claims not to be that designated person may apply to the Minister in writing for a certificate stating that they are not that designated person under paragraph 3 or that designated person under paragraph 8. Determination by Minister (2) Within 45 working days after receiving the application, the Minister must (a) issue the certificate, if it is established that the applicant is not the designated person under paragraph 3 or the designated person under paragraph 8; or (b) provide notice to the applicant of his or her determination, if it is not so established. SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 17
Communication by Minister 17 (1) The Minister may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to Somalia or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to an official or the Security Council or any of its subsidiary organs. Receipt of information (2) An official may receive any personal information disclosed to them under subsection (1). Communication by official (3) An official may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to Somalia or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to the Minister. SOR/2020-120, s. 2
Regulations Implementing the United Nations Resolutions on Somalia — 4
4 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply before they are published in the Canada Gazette .
Regulations Implementing the United Nations Resolutions on Somalia — 32
32 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply before they are published in the Canada Gazette .
Regulations Implementing the United Nations Resolutions on Somalia — 6
6 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply before they are published in the Canada Gazette .
Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010–4 — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 3(2) a of the Radiocommunication Act b , hereby makes the annexed Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010–4 . a S.C. 2006, c. 9, s. 34 b R.S., c. R-2, S.C. 1989, c. 17, s. 2
Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010–4 — 1
1 In this Order, the Act means the Radiocommunication Act .
Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010–4 — 2
2 (1) Subject to sections 3 and 4, Her Majesty in right of Canada, as represented by the Royal Canadian Mounted Police, is exempt from the application of subsection 4(1) and paragraph 9(1)(b) of the Act for the period beginning on May 28, 2010 and ending on May 31, 2010. (2) The exemption is limited to that part of Ontario within the quadrilateral defined by the points having the following geographical coordinates: (a) 43°22′44′′ N latitude and 79°24′50′′ W longitude; (b) 43°57′31′′ N latitude and 79°39′06′′ W longitude; (c) 45°33′21′′ N latitude and 75°41′11′′ W longitude; and (d) 44°18′51′′ N latitude and 75°00′42′′ W longitude.
Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010–4 — 3
3 An exemption in respect of subsection 4(1) of the Act applies only if the radio apparatus referred to in that subsection is installed, operated or possessed in order to carry out interference with or obstruction of a radiocommunication in accordance with subsection 4(2) of this Order for the purpose of security, safety or international relations.
Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010–4 — 4
4 (1) An exemption in respect of paragraph 9(1)(b) of the Act applies only if the radiocommunication is interfered with or obstructed for the purpose of security, safety or international relations. (2) Every reasonable effort shall be made to confine or restrict to the extent possible interference with or obstruction of a radiocommunication referred to in subsection (1) to the smallest physical area, the fewest number of frequencies and the minimum duration required to accomplish the objectives of the interference or obstruction.
Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2010–4 — 5
5 This Order comes into force on the day on which it is registered.
New Harmonized Value-added Tax System Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 277 a and 277.1 b of the Excise Tax Act c , hereby makes the annexed New Harmonized Value-added Tax System Regulations . a S.C. 1993, c. 27, s. 125(1) b S.C. 2009, c. 32, s. 37(1) c R.S., c. E-15
New Harmonized Value-added Tax System Regulations — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Excise Tax Act . ( Loi ) continuous journey has the same meaning as in subsection 1(1) of Part VII of Schedule VI to the Act. ( voyage continu )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
continuous journey has the same meaning as in subsection 1(1) of Part VII of Schedule VI to the Act. ( voyage continu )
New Harmonized Value-added Tax System Regulations — 2
Definitions 2 The following definitions apply in this Part. Canadian element of a service means the portion of the service that is performed in Canada. ( élément canadien ) Canadian rights , in respect of intangible personal property, means that part of the property that can be used in Canada. ( droits canadiens ) computer-related service means (a) a technical support service that is provided by means of telecommunications and relates to the operation or use of computer hardware or software; or (b) a service involving the electronic storage of information and computer-to-computer transfer of information. ( service informatique ) final recipient , in respect of a computer-related service or access to the Internet, means a person that is the recipient of a supply of the service or access and that acquires it otherwise than for the purpose of supplying it to another person. ( dernier acquéreur ) RDSP means a registered disability savings plan as defined in subsection 248(1) of the Income Tax Act . ( REEI ) RESP means a registered education savings plan as defined in subsection 248(1) of the Income Tax Act . ( REEE ) RRIF means a registered retirement income fund as defined in subsection 248(1) of the Income Tax Act . ( FERR ) RRSP means a registered retirement savings plan as defined in subsection 248(1) of the Income Tax Act . ( REER ) specified location of a supplier means (a) a permanent establishment of the supplier; or (b) a vending machine. ( emplacement déterminé ) TFSA has the same meaning as in subsection 248(1) of the Income Tax Act . ( CÉLI )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
Canadian element of a service means the portion of the service that is performed in Canada. ( élément canadien )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
Canadian rights , in respect of intangible personal property, means that part of the property that can be used in Canada. ( droits canadiens )
New Harmonized Value-added Tax System Regulations — (a)
computer-related service means (a) a technical support service that is provided by means of telecommunications and relates to the operation or use of computer hardware or software; or (b) a service involving the electronic storage of information and computer-to-computer transfer of information. ( service informatique )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
final recipient , in respect of a computer-related service or access to the Internet, means a person that is the recipient of a supply of the service or access and that acquires it otherwise than for the purpose of supplying it to another person. ( dernier acquéreur )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
RDSP means a registered disability savings plan as defined in subsection 248(1) of the Income Tax Act . ( REEI )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
RESP means a registered education savings plan as defined in subsection 248(1) of the Income Tax Act . ( REEE )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
RRIF means a registered retirement income fund as defined in subsection 248(1) of the Income Tax Act . ( FERR )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
RRSP means a registered retirement savings plan as defined in subsection 248(1) of the Income Tax Act . ( REER )
New Harmonized Value-added Tax System Regulations — (a)
specified location of a supplier means (a) a permanent establishment of the supplier; or (b) a vending machine. ( emplacement déterminé )
New Harmonized Value-added Tax System Regulations — New Harmonized Value-added Tax System Regulations
TFSA has the same meaning as in subsection 248(1) of the Income Tax Act . ( CÉLI )
New Harmonized Value-added Tax System Regulations — 3
Deemed delivery 3 For the purposes of this Part, property is deemed to be delivered in a particular province by a supplier and is deemed not to be delivered in any other province by the supplier if the supplier (a) ships the property to a destination in the particular province that is specified in the contract for carriage of the property or transfers possession of the property to a common carrier or consignee that the supplier has retained on behalf of the recipient to ship the property to such a destination; or (b) sends the property by mail or courier to an address in the particular province.
New Harmonized Value-added Tax System Regulations — 4
Application 4 (1) This Part applies for the purposes of section 3 of Part IX of Schedule IX to the Act. Transition — Ontario and British Columbia (2) For the purposes of applying the provisions of Part 3 in relation to the application of this Part between February 25, 2010 and July 1, 2010, the following rules apply: (a) Ontario and British Columbia are deemed to be participating provinces; (b) the tax rate for Ontario is deemed to be 8%; and (c) the tax rate for British Columbia is deemed to be 7%. Transition — Prince Edward Island (3) For the purposes of applying the provisions of Part 3.1 in relation to the application of this Part between November 8, 2012 and April 1, 2013, the following rules apply: (a) Prince Edward Island is deemed to be a participating province; and (b) the tax rate for Prince Edward Island is deemed to be 9%. SOR/2013-44, s. 14
New Harmonized Value-added Tax System Regulations — 5
Application 5 This Division does not apply to intangible personal property to which Part VII or VIII of Schedule IX to the Act applies.
New Harmonized Value-added Tax System Regulations — 6
Canadian rights primarily in participating provinces 6 (1) A supply of intangible personal property (other than intangible personal property that relates to real property or to tangible personal property) in respect of which the Canadian rights can only be used primarily in participating provinces is made in a participating province if an equal or greater proportion of those Canadian rights cannot be used in another participating province. Canadian rights primarily in participating provinces (2) Subject to subsection (1), a supply of intangible personal property (other than intangible personal property that relates to real property or to tangible personal property) in respect of which the Canadian rights can only be used primarily in participating provinces is made in a particular participating province if, (a) in the case of a supply for which the value of the consideration is $300 or less that is made through a specified location of the supplier in the particular participating province and in the presence of an individual who is, or who acts on behalf of, the recipient, the intangible personal property can be used in the particular participating province; (b) in the case of a supply that is not determined under paragraph (a) to be made in a participating province, the following conditions are satisfied: (i) in the ordinary course of business of the supplier, the supplier obtains an address (in this paragraph referred to as the “particular address”) that is (A) if the supplier obtains only one address that is a home or a business address in Canada of the recipient, the home or business address in Canada obtained by the supplier, (B) if the supplier obtains more than one address described in clause (A), the address described in that clause that is most closely connected with the supply, or (C) in any other case, the address in Canada of the recipient that is most closely connected with the supply, (ii) the particular address is in the particular participating province, and (iii) the intangible personal property can be used in the particular participating province; and (c) in the case of a supply that is not determined under paragraph (a) or (b) to be made in a participating province, the tax rate for the particular participating province is the highest among the tax rates for the participating provinces in which the intangible personal property can be used.
New Harmonized Value-added Tax System Regulations — 7
Canadian rights primarily in non-participating provinces 7 A supply of intangible personal property (other than intangible personal property that relates to real property or to tangible personal property) in respect of which the Canadian rights can only be used primarily in non-participating provinces is made in a non-participating province.
New Harmonized Value-added Tax System Regulations — 8
Canadian rights — no primary location of use 8 A supply of intangible personal property (other than intangible personal property that relates to real property or to tangible personal property) in respect of which the Canadian rights can be used otherwise than only primarily in participating provinces and otherwise than only primarily outside participating provinces is made in a particular province if, (a) in the case of a supply for which the value of the consideration is $300 or less that is made through a specified location of the supplier in the particular province and in the presence of an individual who is, or who acts on behalf of, the recipient, the intangible personal property can be used in the particular province; (b) in the case of a supply that is not determined under paragraph (a) to be made in a province, the following conditions are satisfied: (i) in the ordinary course of business of the supplier, the supplier obtains an address (in this paragraph referred to as the “particular address”) that is (A) if the supplier obtains only one address that is a home or a business address in Canada of the recipient, the home or business address in Canada obtained by the supplier, (B) if the supplier obtains more than one address described in clause (A), the address described in that clause that is most closely connected with the supply, or (C) in any other case, the address in Canada of the recipient that is most closely connected with the supply, (ii) the particular address is in the particular province, and (iii) the intangible personal property can be used in the particular province; and (c) in the case of a supply that is not determined under paragraph (a) or (b) to be made in a province, the tax rate for the particular province is the highest among the tax rates for the provinces in which the intangible personal property can be used.
New Harmonized Value-added Tax System Regulations — 9
Intangible personal property that relates to real property 9 A supply of intangible personal property that relates to real property is made (a) in a participating province if the real property that is situated in Canada is situated primarily in participating provinces and (i) an equal or greater proportion of the real property is not situated in another participating province, or (ii) if subparagraph (i) does not apply, the tax rate for the participating province is the highest among the participating provinces for which no greater proportion of the real property is situated in another participating province; and (b) in a non-participating province if the real property that is situated in Canada is not situated primarily in participating provinces.