GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Payments Association By-law No. 9 — Lynx — 24
Direction by Bank to repay 24 (1) If directed by the Bank, the Association must (a) make the partial repayment of a participant’s intraday loan before the finalization window begins by transferring the funds in the participant’s Lynx account for the reserved collateral mechanism to its intraday loan account; and (b) make the corresponding entries to those accounts in accordance with the procedures set out in the Rules. Condition (2) The Bank must not make a direction other than for a reason specified in the Rules. Instruction to repay or transfer (3) If a direction is made under subsection (1), any repayment or transfer instructed by the participant under subsection 22 (2) or 23 (1) may be effected by the Association only after the partial repayment of the intraday loan has been made.
Canadian Payments Association By-law No. 9 — Lynx — 25
Liquidity available 25 At any time, the total amount of liquidity available to a participant to settle Lynx payment obligations is equal to the amount calculated in accordance with the following formula: A = B + (C – D) where A is the total amount of liquidity available to a participant to settle Lynx payment obligations; B is the participant’s credit limit; C is the total amount of the payments received by the participant from the settlement of Lynx payment obligations in all settlement mechanisms; and D is the total amount of the payments sent by the participant in settlement of Lynx payment obligations that have been settled through Lynx in all settlement mechanisms.
Canadian Payments Association By-law No. 9 — Lynx — 26
Payment items 26 For the purpose of the definition payment item in subsection 2(1) of the Act, payment messages are a class of payment items.
Canadian Payments Association By-law No. 9 — Lynx — 27
Sending payment messages 27 (1) A participant may, in accordance with the procedures set out in the Rules, send a payment message to another participant for the settlement of a Lynx payment obligation through Lynx. Designation of settlement mechanism (2) The participant must designate in the payment message the settlement mechanism that is to be used.
Canadian Payments Association By-law No. 9 — Lynx — 28
Financial message service provider 28 The Association must arrange for a financial message service provider to extract settlement instructions from payment messages, send those settlement instructions to Lynx and provide participants with payment messages and payment confirmation reference numbers.
Canadian Payments Association By-law No. 9 — Lynx — 29
Extraction of settlement instructions by participant 29 A sending participant may extract the settlement instructions from a payment message and send them to Lynx if, as a result of technical difficulties, (a) the financial message service provider is unable to receive the payment message or extract the settlement instructions; or (b) the sending participant is unable to send the payment message to the financial message service provider.
Canadian Payments Association By-law No. 9 — Lynx — 30
Settlement instructions sent to settlement mechanism 30 (1) Immediately after receiving settlement instructions, Lynx must send them to the settlement mechanism designated under subsection 27 (2). Exceptions (2) Despite subsection (1), the settlement instructions must (a) be sent to the conditional release mechanism if (i) the sending participant has directed that transfer of the amount specified in the settlement instructions is to occur at a specific time later in the payments processing cycle, (ii) the sending participant or receiving participant is temporarily unable to settle the Lynx payment obligation through Lynx, (iii) the settlement mechanism designated under subsection 27 (2) is not open, (iv) transfer of the amount specified in the settlement instructions would exceed the “net send limit”, as defined in the Rules, set by the sending participant, or (v) the Rules require that the settlement instructions must be validated by the sending participant before the Lynx payment obligation can be settled through Lynx; or (b) be rejected if the payment message is a duplicate or the settlement instructions contain an error specified in the Rules.
Canadian Payments Association By-law No. 9 — Lynx — 31
Settlement required 31 (1) Subject to subsection (2), the Association must settle each Lynx payment obligation for which settlement instructions are sent to a settlement mechanism under subsection 30 (1) or from the conditional release mechanism. Exception — negative balance (2) Unless the sending participant is the Bank, the Association must not settle a Lynx payment obligation if settling it would result in a negative balance in the Lynx account for the settlement mechanism designated under subsection 27 (2).
Canadian Payments Association By-law No. 9 — Lynx — 32
Settlement through Lynx 32 (1) For the purpose of this By-law, a Lynx payment obligation is settled though Lynx when (a) the Association transfers the amount indicated in the settlement instructions from the sending participant’s Lynx account for the settlement mechanism designated under subsection 27 (2) to the receiving participant’s Lynx account for that settlement mechanism; and (b) the Association makes the corresponding entries to those accounts in accordance with the procedures set out in the Rules. Payment confirmation reference number (2) After a Lynx payment obligation is settled through Lynx, the Association must provide the financial message service provider with the payment confirmation reference number that is to accompany the payment message that the service provider will provide to the participants.
Canadian Payments Association By-law No. 9 — Lynx — 33
Finality for participants 33 A sending participant’s payment to a receiving participant is final and irrevocable when the Lynx payment obligation is settled through Lynx in accordance with subsection 32 (1).
Canadian Payments Association By-law No. 9 — Lynx — 34
Settlement queues 34 (1) If a Lynx payment obligation cannot be settled through Lynx immediately after the settlement instructions are sent to a settlement mechanism, those instructions must (a) be held in the settlement queue for that settlement mechanism, in the sequence set out in the Rules, for processing later in the payments processing cycle; or (b) be rejected, if that settlement mechanism does not have a settlement queue. Removal from queue (2) A sending participant may, at any time, remove from a settlement queue any settlement instructions that were contained in a payment message that it sent.
Canadian Payments Association By-law No. 9 — Lynx — 35
Rejection of settlement instructions 35 Settlement instructions must be rejected if (a) they remain in the settlement queue when the settlement mechanism closes; or (b) they remain in the conditional release mechanism when the finalization window begins.
Canadian Payments Association By-law No. 9 — Lynx — 36
Payment 36 (1) After a Lynx payment obligation is settled through Lynx and the receiving participant has the payment message and the payment confirmation reference number, the receiving participant must make the amount of the payment finally and irrevocably available to the payee (a) in the case where the payee makes a reasonable request for payment before the end of the payments processing cycle, as soon as feasible after the request is received, but by no later than the end of the payments processing cycle; and (b) in any other case, by no later than the end of the payments processing cycle. Service charges (2) A receiving participant may deduct the amount of a service charge from the amount of a payment and must comply with the deduction and disclosure procedures, if any, set out in the Rules. Final and irrevocable (3) The amount of a payment is made finally and irrevocably available to a payee when the earliest of the following actions is taken: (a) the receiving participant credits the amount to an account of the payee; (b) the receiving participant lawfully applies the amount against a debt of the payee; and (c) the receiving participant otherwise makes the amount of the payment accessible to the payee.
Canadian Payments Association By-law No. 9 — Lynx — 37
Representation to payee 37 (1) A receiving participant must not represent to a payee that a payment it has made to the payee is a payment under section 36 unless there is an associated Lynx payment obligation that has been settled through Lynx. Finality for payee (2) If a receiving participant makes a payment available to a payee and there is no associated Lynx payment obligation or that obligation has not yet been settled through Lynx, the amount of the payment is made finally and irrevocably available to the payee if (a) the payee requests that the receiving participant provide the payment confirmation reference number; and (b) the receiving participant provides the payee with a number that it represents as being the payment confirmation reference number.
Canadian Payments Association By-law No. 9 — Lynx — 38
Exceptional circumstances 38 If any of the following exceptional circumstances exist, the receiving participant must comply with the procedures set out in the Rules for those circumstances instead of making the amount of the payment finally and irrevocably available to the payee in accordance with section 36 : (a) the payment message received by the receiving participant contains an error or omission specified in the Rules; (b) the payment message is received by the receiving participant after the time specified in the Rules; (c) the amount of the payment to be made available must be converted into a currency other than Canadian dollars; (d) action is required by the branch or office at which the amount of the payment is to be made available to the payee and the receiving participant receives the payment message and payment confirmation reference number after the time specified in the Rules; (e) the receiving participant cannot make the amount of the payment available due to circumstances beyond its control; (f) the receiving participant cannot make the amount of the payment available because of a restriction it has imposed on the payee or the account to which the payment is to be credited; (g) in order to comply with a law or an order of a court, the receiving participant cannot make the amount of the payment available to the payee; or (h) the receiving participant agrees to the payee’s request that the amount of the payment not be made available to them.
Canadian Payments Association By-law No. 9 — Lynx — 39
Payment confirmation reference number 39 A receiving participant must provide a payee with the payment confirmation reference number if the receiving participant has the number and it is requested by the payee.
Canadian Payments Association By-law No. 9 — Lynx — 40
Payee identifier 40 (1) A receiving participant who receives a payment message that identifies the payee both by name and an account number or other identifier specified in the Rules is not required to detect any inconsistency between them and may, for the purpose of making the amount of the payment available to the payee, rely on that account number or other identifier. Reliance on payee identifier (2) A receiving participant who relies on an account number or other identifier under subsection (1) is deemed to have complied with section 36 even if that reliance results in the amount of the payment being made available to a person other than the payee identified by name in the payment message.
Canadian Payments Association By-law No. 9 — Lynx — 41
Obligations to payee 41 The obligations of a receiving participant under any of sections 36 to 40 are to the payee and no obligation is owed by the receiving participant to the sending participant, the payor or any other person solely because of any of those sections.
Canadian Payments Association By-law No. 9 — Lynx — 42
Requirements not limited 42 The requirements set out in sections 36 to 41 must not be limited by the Rules or any agreement.
Canadian Payments Association By-law No. 9 — Lynx — 43
Consolidation of balances 43 (1) Before the beginning of the finalization window, the Association must, for each participant, consolidate into the participant’s Lynx account for the real-time settlement mechanism the balances in all of the participant’s other Lynx accounts. Transfers and entries (2) The Association must (a) make the necessary transfers to carry out the consolidation referred to in subsection (1); and (b) make the corresponding entries to the accounts referred to in subsection (1) in accordance with the procedures set out in the Rules.
Canadian Payments Association By-law No. 9 — Lynx — 44
Repayment 44 (1) If the balance in a participant’s intraday loan account is greater than zero when the finalization window begins, the Association must (a) transfer, from the participant’s Lynx account for the real-time settlement mechanism to the participant’s intraday loan account, the lesser of (i) an amount that is equal to the balance in the participant’s intraday loan account, and (ii) the balance in the participant’s Lynx account for the real time settlement mechanism; and (b) make the corresponding entries to those accounts in accordance with the procedures set out the Rules. Balances provided (2) After making any transfer required under subsection (1), the Association must provide the Bank with the balance in the participant’s Lynx account for the real-time settlement mechanism and the participant’s intraday loan account. Transfer to Bank’s Lynx account (3) The Association must transfer the amount of the balances consolidated under subsection 43 (1), less any amount transferred under subsection (1), to the Bank’s Lynx account for the real-time settlement mechanism and make the corresponding entries to those accounts in accordance with the procedures set out in the Rules. Rights and liabilities (4) For greater certainty, the respective rights and liabilities of the Bank and a participant in respect of the amount transferred to the Bank under subsection (3) are governed in accordance with the terms of the agreements between them.
Canadian Payments Association By-law No. 9 — Lynx — 45
Advance by Bank 45 (1) If the balance in a participant’s intraday loan account remains greater than zero after a transfer referred to in paragraph 44 (1)(a) has been made, the Bank must make an overnight advance to the participant in an amount equal to the outstanding balance of the intraday loan. Transfer and entries (2) The Association must (a) transfer the amount of the overnight advance from the Bank’s Lynx account for the real-time settlement mechanism to the participant’s Lynx account for that settlement mechanism; (b) transfer the amount transferred under paragraph (a) to the participant’s intraday loan account; and (c) make the corresponding entries to those accounts in accordance with the procedures set out in the Rules. Rights and liabilities (3) For greater certainty, the respective rights and liabilities of the Bank and a participant in respect of an overnight advance are governed in accordance with the terms of the agreements between them.
Canadian Payments Association By-law No. 9 — Lynx — 46
Intraday loan repaid 46 A participant’s intraday loan is repaid when the balance of in its intraday loan account is reduced to zero by means of a transfer referred to in paragraph 44 (1)(a) or subsection 45 (2).
Canadian Payments Association By-law No. 9 — Lynx — 47
Application of sections 36 to 46 47 (1) Subject to subsection (2), sections 36 to 46 apply in respect of a participant who is subject to a suspension or revocation under this By-law. Payment to payee (2) A participant who is subject to a suspension or revocation under this By-law is required to make the amount of a payment available to a payee only if the associated Lynx payment obligation is settled through Lynx before the suspension or revocation, as the case may be.
Canadian Payments Association By-law No. 9 — Lynx — 48
End of cycle 48 The payments processing cycle ends when the Association has made all transfers and entries required under section 44 and subsection 45 (2).
Canadian Payments Association By-law No. 9 — Lynx — 49
Emergency condition 49 If communications between Lynx and a participant are interrupted, the ability of Lynx to receive, send or otherwise process payment messages or to settle Lynx payment obligations is impaired, the safe and efficient operation of Lynx is placed into question or any other emergency affects its operations, the President, with the prior agreement of the Bank and in accordance with the procedures set out in the Rules, may (a) direct that the Lynx operating schedule, or the conduct of any event in the schedule, be changed; (b) direct a participant not to send payment messages for a specified period of time; (c) direct that any day is not a business day; or (d) direct the Association or a participant to take any other action necessary to ensure (i) the safe and efficient operation of Lynx, or (ii) the continued processing of payment messages or settlement of Lynx payment obligations.
Canadian Payments Association By-law No. 9 — Lynx — 58
August 28, 2021 58 (1) This By-law, other than subsections 54(2), 55(2) and (3) and 56(2) and (3) and section 57, comes into force on August 28, 2021. June 1, 2022 (2) Subsections 54(2), 55(2) and (3) and 56(2) and (3) and section 57 come into force on June 1, 2022.
Exemptions from and Modifications to Hours of Work Provisions Regulations — Exemptions from and Modifications to Hours of Work Provisions Regulations
Whereas the Governor in Council is of the opinion that the application of certain provisions of Division I of Part III of the Canada Labour Code a , without modification, to certain classes of employees who are employed in or in connection with the operation of certain industrial establishments would be or is unduly prejudicial to the interests of the employees in those classes or would be or is seriously detrimental to the operation of those industrial establishments;
Exemptions from and Modifications to Hours of Work Provisions Regulations — Exemptions from and Modifications to Hours of Work Provisions Regulations
And whereas the Governor in Council is satisfied that certain provisions of Division I of Part III of the Canada Labour Code a cannot reasonably be applied to certain classes of employees;
Exemptions from and Modifications to Hours of Work Provisions Regulations — Exemptions from and Modifications to Hours of Work Provisions Regulations
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to paragraphs 175(1)(a) b and (b) c and subsection 270(1) d of the Canada Labour Code a , makes the annexed Exemptions from and Modifications to Hours of Work Provisions Regulations .
Exemptions from and Modifications to Hours of Work Provisions Regulations — 1
Definition of Act 1 In these Regulations, Act means the Canada Labour Code .
Exemptions from and Modifications to Hours of Work Provisions Regulations — 2
Application 2 This Part applies to persons who are employed in the road transportation sector or the postal and courier sector.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 3
Transport of goods 3 The following employees in the road transportation sector who operate a motor vehicle that is used to transport goods and that has a gross combination weight rating in excess of 4 500 kg are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act: (a) city motor vehicle operators , as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations ; and (b) highway motor vehicle operators , as defined in section 2 of those Regulations.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 4
Transport of mail or parcels 4 (1) The following employees in the postal and courier sector who operate a motor vehicle that is used to transport mail or parcels are exempt from the application of section 173.1 of the Act: (a) city motor vehicle operators , as defined in section 2 of the Motor Vehicle Operators Hours of Work Regulations ; and (b) highway motor vehicle operators , as defined in section 2 of those Regulations. Modification — subsection 169.1(1) of the Act (2) With respect to employees referred to in subsection (1), subsection 169.1(1) of the Act is modified as follows: Break 169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 169.1
Break 169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes for every period of five consecutive hours of work. The employer may grant this break at any time during the work period or shift and it may be divided into periods of at least 15 minutes. If the employer requires the employee to be at their disposal during the break period, the employee is to be paid for the break.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 5
Motor coach operators 5 (1) Motor coach operators who are not employed by a municipal or provincial transit authority are exempt from the application of sections 169.1, 169.2, 173.01 and 173.1 of the Act. Definition of motor coach (2) For the purpose of this section, motor coach means a bus that is designed for intercity passenger transport and that is not equipped with features to accommodate standing passengers.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 6
Armoured car crew members 6 Armoured car crew members are exempt from the application of section 173.1 of the Act.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 7
Warehouse workers, shippers or receivers 7 The following employees are exempt from the application of section 173.1 of the Act: (a) warehouse workers who handle, move, load and unload materials by hand or by means of material handling equipment; (b) shippers; and (c) receivers.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 8
Dispatchers 8 Dispatchers are exempt from the application of section 173.1 of the Act.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 9
Mechanics 9 Mechanics are exempt from the application of section 173.1 of the Act.
Exemptions from and Modifications to Hours of Work Provisions Regulations — 10
Application 10 This Part applies to persons who are employed in the marine sector.