GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Emergency Response Benefit Act — C-3.7 12
Return of erroneous payment or overpayment 12 (1) If the Minister determines that a person has received an income support payment to which the person is not entitled, or an amount in excess of the amount of such a payment to which the person is entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as is feasible. Recovery as debt due to Her Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister. Certificate of default (3) The amount of any debt referred to in subsection (2) may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.
Canada Emergency Response Benefit Act — C-3.7 13
Limitation or prescription period 13 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes due and payable. Deduction, set-off or compensation (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including an income support payment under this Act, that may be due or payable by Her Majesty in right of Canada to the person, other than an amount payable under section 122.61 of the Income Tax Act . Acknowledgment of liability (3) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period. Acknowledgment after expiry of limitation or prescription period (4) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment. Types of acknowledgment (5) An acknowledgment of liability means (a) a promise to pay the money owing, made by the person or their agent, mandatary or other representative; (b) an acknowledgment of the money owing, made by the person or their agent, mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the person or their agent, mandatary or other representative of any money owing; or (d) an acknowledgment of the money owing, made in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts by the person, their agent, mandatary or other representative or the trustee or administrator. Limitation or prescription period suspended (6) The running of a limitation or prescription period in respect of money owing under this Act is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act. Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Canada Emergency Response Benefit Act — C-3.7 14
No interest payable 14 No interest is payable on any amount owing to Her Majesty in right of Canada under this Act as a result of an erroneous payment or overpayment.
Canada Emergency Response Benefit Act — C-3.7 15
Receipt of benefits, allowances or money 15 (1) If, for any four-week period, the Minister determines that a worker received an income support payment for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 12(2) that the amount that the worker must repay under subsection 12(1) is the amount determined by the formula $2,000 × (A ÷ 4) where A is the number of weeks for which the worker received such benefits, allowances or money during that four-week period. Non-application (2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the worker if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the worker is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment. 2022, c. 10, s. 383
Canada Emergency Student Benefit Act — C-3.75
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canada Emergency Student Benefit Act — C-3.75 1
Short title 1 This Act may be cited as the Canada Emergency Student Benefit Act .
Canada Emergency Student Benefit Act — C-3.75 2
Definitions 2 The following definitions apply in this Act. Minister means the Minister of Employment and Social Development. ( ministre ) student means a person who is a Canadian citizen, a person registered as an Indian under the Indian Act , a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act and who (a) is enrolled, at any time between December 1, 2019 and August 31, 2020, in a post-secondary educational program that leads to a degree, diploma or certificate; (b) has graduated from secondary school in 2020, has applied for enrollment in such a post-secondary educational program that is scheduled to begin before February 1, 2021 and plans to enroll in the program if their application is accepted; or (c) is a member of a class of persons that is prescribed by regulation. ( étudiant ) week means the period of seven consecutive days beginning on and including Sunday. ( semaine )
Canada Emergency Student Benefit Act — C-3.75
Minister means the Minister of Employment and Social Development. ( ministre )
Canada Emergency Student Benefit Act — C-3.75 (a)
student means a person who is a Canadian citizen, a person registered as an Indian under the Indian Act , a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act and who (a) is enrolled, at any time between December 1, 2019 and August 31, 2020, in a post-secondary educational program that leads to a degree, diploma or certificate; (b) has graduated from secondary school in 2020, has applied for enrollment in such a post-secondary educational program that is scheduled to begin before February 1, 2021 and plans to enroll in the program if their application is accepted; or (c) is a member of a class of persons that is prescribed by regulation. ( étudiant )
Canada Emergency Student Benefit Act — C-3.75
week means the period of seven consecutive days beginning on and including Sunday. ( semaine )
Canada Emergency Student Benefit Act — C-3.75 3
Regulations — definition of student 3 With the consent of the Minister of Finance, the Minister may make regulations (a) respecting the meaning of the term “post-secondary educational program” for the purposes of the definition student in section 2 ; and (b) prescribing classes of persons for the purposes of paragraph (c) of that definition.
Canada Emergency Student Benefit Act — C-3.75 4
Payment of benefit 4 The Minister must pay a Canada emergency student benefit to a student who makes an application under section 5 and who is eligible for the benefit.
Canada Emergency Student Benefit Act — C-3.75 5
Application 5 (1) A student may, in the form and manner established by the Minister, apply for a Canada emergency student benefit for any four-week period falling within the period prescribed by regulation. Attestation (2) A student who applies on the basis that they are seeking work, whether as an employee or in self-employment, but are unable to find it must, in their application, attest to the fact that they are seeking work. Limitation (3) No student is permitted to file an application after September 30, 2020, and the Minister must not pay a Canada student emergency benefit to a student who files an application after that day. Information (4) An applicant must provide the Minister with any information that the Minister may require in respect of the application. Regulations (5) With the consent of the Minister of Finance, the Minister may, by regulation, prescribe periods for the purposes of subsection (1).
Canada Emergency Student Benefit Act — C-3.75 6
Eligibility 6 (1) A student is eligible for a Canada emergency student benefit if (a) for reasons related to the coronavirus disease 2019 and whether as an employee or in self-employment, they are unable to work, are seeking work and unable to find it, or are working but are paid less than the amount determined under the regulations, during the four-week period for which they apply for the benefit; and (b) they do not, in respect of any part of that four-week period, receive (i) subject to the regulations, income from employment or self-employment, (ii) benefits , as defined in subsection 2(1) of the Employment Insurance Act , or an employment insurance emergency response benefit referred to in section 153.7 of that Act, (iii) allowances, money or other benefits that would be paid to the student under a provincial plan because of pregnancy or in respect of the care by the student of one or more of their new-born children or one or more children placed with them for the purpose of adoption, (iv) an income support payment under the Canada Emergency Response Benefit Act , or (v) any other income that is prescribed by regulation. Regulations (2) With the consent of the Minister of Finance, the Minister may make regulations (a) respecting the meaning of terms referred to in paragraph (1)(a) and the amount referred to in that paragraph; (b) excluding income from the application of subparagraph (1)(b)(i); and (c) prescribing any other income for the purposes of subparagraph (1)(b)(v). Information — employment opportunities (3) The Minister is to make available to eligible students information about employment opportunities through a government-managed job posting system.
Canada Emergency Student Benefit Act — C-3.75 7
Amount of benefit 7 (1) The amount of a Canada emergency student benefit for a week is the amount determined for that week under the regulations. Regulations (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the amount of a Canada emergency student benefit for a week specified in the regulations. Distinguishing — classes (3) Regulations made under subsection (2) may distinguish among different classes of students.
Canada Emergency Student Benefit Act — C-3.75 8
Maximum number of weeks 8 (1) The maximum number of weeks for which a student may receive Canada emergency student benefits is the number of weeks that is determined under the regulations. Regulations (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the number of weeks for the purpose of subsection (1).
Canada Emergency Student Benefit Act — C-3.75 9
Retroactive effect 9 Regulations made under this Act may, if they so provide, have retroactive effect.
Canada Emergency Student Benefit Act — C-3.75 10
Social Insurance Number 10 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application under this Act.
Canada Emergency Student Benefit Act — C-3.75 11
Provision of information and documents 11 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by notice served personally or by confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.
Canada Emergency Student Benefit Act — C-3.75 12
Benefits cannot be charged, etc. 12 A Canada emergency student benefit (a) is not subject to the operation of any law relating to bankruptcy or insolvency; (b) cannot be assigned, charged, attached or given as security; (c) cannot be retained by way of deduction, set-off or compensation under any Act of Parliament other than this Act; and (d) is not garnishable moneys for the purposes of the Family Orders and Agreements Enforcement Assistance Act .
Canada Emergency Student Benefit Act — C-3.75 13
Return of erroneous payment or overpayment 13 (1) If the Minister determines that a person has been paid a Canada emergency student benefit to which the person is not entitled, or an amount in excess of the amount of such a benefit to which the person is entitled, the person must repay the amount of the benefit or the excess amount, as the case may be, as soon as is feasible. Recovery as debt due to Her Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister. Certificate of default (3) The amount of any debt referred to in subsection (2) may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.
Canada Emergency Student Benefit Act — C-3.75 14
Limitation or prescription period 14 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes due and payable. Deduction, set-off or compensation (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including a Canada emergency student benefit under this Act, that may be due or payable by Her Majesty in right of Canada to the person, other than an amount payable under section 122.61 of the Income Tax Act . Acknowledgment of liability (3) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period. Acknowledgment after expiry of limitation or prescription period (4) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment. Types of acknowledgment (5) An acknowledgment of liability means (a) a promise to pay the money owing, made by the person or their agent, mandatary or other representative; (b) an acknowledgment of the money owing, made by the person or their agent, mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the person or their agent, mandatary or other representative of any money owing; or (d) an acknowledgment of the money owing, made in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts by the person, their agent, mandatary or other representative or the trustee or administrator. Limitation or prescription period suspended (6) The running of a limitation or prescription period in respect of money owing under this Act is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act. Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Canada Emergency Student Benefit Act — C-3.75 15
No interest payable 15 No interest is payable on any amount owing to Her Majesty in right of Canada under this Act as a result of an erroneous payment or overpayment.
Canada Emergency Student Benefit Act — C-3.75 15.1
Receipt of benefits, allowances or money 15.1 (1) If, for any four-week period, the Minister determines that a student received a Canada emergency student benefit for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 13(2) that the amount that the worker must repay under subsection 13(1) is, despite subsection 13(1), the amount determined by the formula A × (B ÷ 4) where A is (a) $2,000, in the case of a student with a dependant or a student with a disability, and (b) $1,250, in any other case; and B is the number of weeks for which the student received such benefits, allowances or money during that four-week period. Non-application (2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the student if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the student is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment. 2022, c. 10, s. 384
Canada Emergency Student Benefit Act — C-3.75 16
Parliamentary review 16 No later than September 30, 2021, a comprehensive review of the provisions and operation of this Act is to be undertaken and completed by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Canada Emission Reduction Incentives Agency Act — C-3.8 Preamble
Preamble Recognizing that the reduction or removal of greenhouse gases is necessary to fight climate change and can also result in cleaner air, achieve other environmental objectives and advance the competitiveness and efficiency of Canadian industry;
Canada Emission Reduction Incentives Agency Act — C-3.8
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canada Emission Reduction Incentives Agency Act — C-3.8 1
Short title 1 This Act may be cited as the Canada Emission Reduction Incentives Agency Act .
Canada Emission Reduction Incentives Agency Act — C-3.8 2
Definitions 2 The following definitions apply in this Act. Agency means the Canada Emission Reduction Incentives Agency established by section 4 . ( Agence ) compliance unit [Repealed, 2023, c. 26, s. 623] eligible credit means an eligible domestic credit or an eligible Kyoto unit. ( crédit admissible ) eligible domestic credit means a compliance unit that is of an eligible class designated by order made under paragraph 3(a). ( crédit national admissible ) eligible Kyoto unit means any compliance unit within the meaning of the Kyoto Protocol that is of an eligible class designated by order made under paragraph 3(b). ( unité Kyoto admissible ) greenhouse gas means any gas listed in Annex A to the Kyoto Protocol. ( gaz à effet de serre ) Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on December 11, 1997, and includes any decision related to the implementation of that protocol taken by the “Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol”, within the meaning of that protocol. ( Protocole de Kyoto ) Minister means the Minister of the Environment. ( ministre ) 2005, c. 30, s. 87 “2” 2023, c. 26, s. 623
Canada Emission Reduction Incentives Agency Act — C-3.8
Agency means the Canada Emission Reduction Incentives Agency established by section 4 . ( Agence )
Canada Emission Reduction Incentives Agency Act — C-3.8
compliance unit [Repealed, 2023, c. 26, s. 623]
Canada Emission Reduction Incentives Agency Act — C-3.8
eligible credit means an eligible domestic credit or an eligible Kyoto unit. ( crédit admissible )
Canada Emission Reduction Incentives Agency Act — C-3.8
eligible domestic credit means a compliance unit that is of an eligible class designated by order made under paragraph 3(a). ( crédit national admissible )
Canada Emission Reduction Incentives Agency Act — C-3.8
eligible Kyoto unit means any compliance unit within the meaning of the Kyoto Protocol that is of an eligible class designated by order made under paragraph 3(b). ( unité Kyoto admissible )
Canada Emission Reduction Incentives Agency Act — C-3.8
greenhouse gas means any gas listed in Annex A to the Kyoto Protocol. ( gaz à effet de serre )
Canada Emission Reduction Incentives Agency Act — C-3.8
Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on December 11, 1997, and includes any decision related to the implementation of that protocol taken by the “Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol”, within the meaning of that protocol. ( Protocole de Kyoto )
Canada Emission Reduction Incentives Agency Act — C-3.8
Minister means the Minister of the Environment. ( ministre )
Canada Emission Reduction Incentives Agency Act — C-3.8 2.1
Interpretation 2.1 For greater certainty, nothing in this Act limits or affects, expressly or implicitly, the power of a province to provide incentives for the reduction or removal of greenhouse gases through the acquisition, on behalf of the province, before or after they are created, of eligible credits created as a result of the reduction or removal of those gases by any means established by the province.
Canada Emission Reduction Incentives Agency Act — C-3.8 3
Designations 3 The Minister may, for the purposes of this Act, by order, designate (a) as an eligible class for the purposes of the definition eligible domestic credit in section 2, any class of compliance units issued under any program or measure established under section 322 of the Canadian Environmental Protection Act, 1999 ; and (b) as an eligible class for the purposes of the definition eligible Kyoto unit in section 2, any class of compliance unit within the meaning of the Kyoto Protocol. 2005, c. 30, s. 87 “3” 2023, c. 26, s. 624
Canada Emission Reduction Incentives Agency Act — C-3.8 4
Establishment 4 (1) There is established a body corporate called the Canada Emission Reduction Incentives Agency, which may exercise powers only as an agent of Her Majesty in right of Canada. Climate Fund (2) The expression “Climate Fund” may be used to refer to the Agency.
Canada Emission Reduction Incentives Agency Act — C-3.8 5
Minister responsible 5 (1) The Minister is responsible for and has the overall direction of the Agency. Ministerial direction (2) The Agency must comply with any general or special direction given by the Minister with reference to the carrying out of its object. Minister’s power of inquiry (3) The Minister may inquire into any activity of the Agency and has access to any information under the Agency’s control. Delegation by Minister (4) The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act, except the power to make orders under section 3 and regulations under subsection 18 (2) and the power to delegate under this subsection.