GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Retail Payment Activities Act — R-7.36 88
Debts due to Her Majesty 88 (1) The following amounts constitute a debt due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction: (a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice, a compliance agreement is entered into or the decision is appealed; (b) if representations are made, the amount of the penalty that is imposed by the Governor, beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the decision is made; (c) every amount set out in a compliance agreement, beginning on the day on which the compliance agreement is entered into or the day specified in the compliance agreement; (d) the amount of a penalty set out in a notice of default referred to in subsection 82 (1), beginning on the day on which the period specified in the notice expires, unless a review is requested under subsection 83 (1); (e) if a review is requested under subsection 83 (1) and the Governor confirms the Bank’s decision, the amount of the penalty set out in the notice of default referred to in subsection 82 (1), beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the Governor’s decision is made, unless the decision is appealed; (f) the amount of a penalty determined by the Federal Court under subsection 84 (4), beginning on the day on which the period specified in the decision for the payment of that amount expires or the day specified in the decision; and (g) the amount of any costs and expenses referred to in subsection (3). Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable. Liability (3) An individual or entity that is liable to pay the amount of any debt referred to in any of paragraphs (1)(a) to (f) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount. Proceeds payable to Receiver General (4) A debt referred to in subsection (1) that is paid or recovered is payable to and must be remitted to the Receiver General.
Retail Payment Activities Act — R-7.36 89
Certificate 89 (1) The unpaid amount of any debt referred to in subsection 88 (1) may be certified by the Governor. Registration in Federal Court (2) Registration in the Federal Court of a certificate has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.
Retail Payment Activities Act — R-7.36 90
Limitation or prescription period 90 No notice of violation is to be issued after the second anniversary of the day on which the Bank becomes aware of the acts or omissions that constitute the alleged violation.
Retail Payment Activities Act — R-7.36 91
Certification by Bank 91 A document purporting to have been issued by the Bank, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Bank, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Bank became aware of the acts or omissions on that day.
Retail Payment Activities Act — R-7.36 92
Evidence 92 In a proceeding in respect of a violation, a notice of violation purporting to be issued under subsection 76 (2), a notice of decision purporting to be issued under subsection 78 (4) or 83 (4), a notice of default purporting to be issued under subsection 82 (1) or a certificate purporting to be made under subsection 89 (1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
Retail Payment Activities Act — R-7.36 93
Publication 93 (1) As soon as feasible after a payment service provider is deemed under subsection 78 (1) or (3) to have committed a violation or after a notice of decision stating that the payment service provider has committed a violation is served under subsection 78 (4), the Bank must make public the nature of the violation, the name of the payment service provider and the amount of any penalty imposed. Reasons (2) In making public the nature of a violation, the Bank may include the reasons for its decision to issue the notice of violation and any related decision, including the relevant facts, analysis and considerations that formed part of the decision.
Retail Payment Activities Act — R-7.36 94
Governor’s orders 94 (1) If the Governor is of the opinion that a payment service provider that performs retail payment activities is committing, or is about to commit, an act that could have a significant adverse impact on an individual or entity referred to in subsection (2), the Governor may, by order, direct the payment service provider to (a) cease or refrain from committing the act or pursuing the course of conduct; and (b) perform any acts that, in the Governor’s opinion, are necessary to remedy the situation. Individuals and entities (2) The individuals and entities are any of the following: (a) an end user; (b) a payment service provider that performs retail payment activities, whether or not this Act applies to them; and (c) a clearing house of a clearing and settlement system , as those expressions are defined in section 2 of the Payment Clearing and Settlement Act , that is designated under subsection 4(1) of that Act. Opportunity for representations (3) Subject to subsection (4), no order is to be made in respect of a payment service provider under subsection (1) unless the payment service provider is provided with a opportunity to make representations in respect of the matter. Temporary order (4) If, in the Governor’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Governor may make a temporary order that has the same effect as an order under subsection (1). The order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order. Continued effect (5) A temporary order continues to have effect after the expiration of the 30-day or the shorter period if no representations are made to the Governor within that period or, if representations are made, the Governor notifies the payment service provider that the Governor is not satisfied that there are sufficient grounds for revoking the order.
Retail Payment Activities Act — R-7.36 95
Court enforcement 95 (1) If an individual or entity is contravening or has contravened a provision of this Act, the regulations or an order made under subsection 94 (1) or (4), the Governor may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to cease the contravention or to comply with the provision. Powers of court (2) The court may make the order and may make any other order the court thinks fit. Appeal (3) An appeal from an order made under subsection (2) lies in the same manner and to the same court as an appeal from any other order of the court.
Retail Payment Activities Act — R-7.36 96
National security order 96 (1) The Minister may, by order, direct a payment service provider that performs retail payment activities to take or to refrain from taking any measures related to the performance of retail payment activities if the Minister is of the opinion that it is necessary to do so for reasons related to national security. Opportunity for representations (2) Subject to subsection (3), no order is to be made under subsection (1) unless the payment service provider is provided with a opportunity to make representations in respect of the matter. Temporary order (3) If, in the Minister’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Minister may make a temporary order that has the same effect as an order made under subsection (1). The temporary order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order. Continued effect (4) The temporary order continues to have effect after the expiration of the 30-day or the shorter period if no representations are made to the Minister within that period or, if representations are made, the Minister notifies the payment service provider that the Minister is not satisfied that there are sufficient grounds for revoking the order.
Retail Payment Activities Act — R-7.36 97
Copy to Bank 97 The Minister must provide the Bank with a copy of each order the Minister makes under subsection 96 (1) or (3) and the Bank must, as soon as feasible, provide a copy to the individual or entity in question.
Retail Payment Activities Act — R-7.36 98
Court enforcement 98 (1) If an individual or entity is not complying with an undertaking provided in accordance with section 42 , a condition imposed under section 43 or an order made under section 96 , the Minister may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to comply with the undertaking, condition or order. Powers of court (2) The court may make the order and may make any other order the court thinks fit. Appeal (3) An appeal from an order made under subsection (2) lies in the same manner and to the same court as an appeal from any other order of the court.
Retail Payment Activities Act — R-7.36 99
Bank to ascertain expenses 99 (1) The Bank must, before September 30 in each year, ascertain the total amount of expenses incurred by it during the immediately preceding calendar year for or in connection with the administration of this Act and deduct from that amount any registration fees paid to it in that preceding calendar year. Amount conclusive (2) The amount ascertained is final and conclusive for the purposes of this section. Assessment (3) As soon as feasible after ascertaining the amount, the Bank must, in the prescribed manner and to the prescribed extent, assess a portion of the total amount of expenses against each registered payment service provider. Interim assessment (4) The Bank may, during each calendar year, prepare an interim assessment against any registered payment service provider. Assessment is binding (5) Every assessment and interim assessment is final and conclusive and binding on the registered payment service provider against which it is made. Recovery (6) Every assessment and interim assessment constitutes a debt due to the Bank, is immediately payable and may be recovered as a debt in any court of competent jurisdiction. Interest (7) Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to 2% plus the rate in effect that is prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.
Retail Payment Activities Act — R-7.36 100
Information request 100 (1) The Bank may request, in writing, a registered payment service provider to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for the purposes of subsection 99 (3) or (4). Compliance with request (2) The payment service provider must comply with the request.
Retail Payment Activities Act — R-7.36 101
Regulations 101 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purposes of this Act, including regulations (a) respecting risk management and incident response frameworks; (b) respecting any account referred to in paragraph 20 (1)(a) or (c) and the insurance or guarantee referred to in paragraph 20 (1)(c); (c) respecting the holding of end-user funds by a payment service provider referred to in subsection 20 (1) and the measures to be taken by the payment service provider to ensure that end-user funds or proceeds from any insurance or guarantee referred to in paragraph 20 (1)(c) are payable to end users in the event of an insolvency or other specified event; (d) respecting the provision of information in relation to the holding of end-user funds with the Canada Deposit Insurance Corporation or a member institution as in section 2 of the Canada Deposit Insurance Corporation Act ; (e) respecting the acquisition of control for the purposes of section 24 ; (f) respecting the circumstances in which information referred to in subsection 64 (1) may be used as evidence; (g) prohibiting, limiting or restricting the disclosure by payment service providers of information referred to in subsection 64 (1); (h) designating, as a violation that may be proceeded with under Part 5, the contravention of a specified provision of this Act or the regulations; (i) classifying each violation as a minor violation, a serious violation or a very serious violation, classifying a series of minor violations as a serious violation or a very serious violation or classifying a series of serious violations as a very serious violation; (j) designating, as a violation that may be proceeded with under Part 5, the non-compliance with an agreement entered into under section 71 ; (k) establishing a penalty or a range of penalties in respect of a violation up to a maximum of $10,000,000; (l) if a range of penalties is established by regulations made under paragraph (k), setting out the method of establishing the amount payable as the penalty for the violation, including the criteria to be taken into account; (m) specifying the additional penalty referred to in paragraph 82 (1)(b); (n) respecting the service of documents under Part 5, including the manner and proof of service and the circumstances under which documents are deemed to be served; (o) respecting the keeping and retention of records; and (p) prescribing anything that by this Act is to be prescribed. Registration fee (2) A registration fee is prescribed for the purposes of subsection 29 (2) if a method for determining the amount of the registration fee is prescribed.
Retail Payment Activities Act — R-7.36 102
Statutory Instruments Act 102 The Statutory Instruments Act does not apply in respect of (a) an order made under section 19 ; (b) a directive issued under section 40 ; (c) an order made under section 42 or 43 ; (d) a notice issued under section 45 ; (e) a directive issued under subsection 46 (2) or section 47 ; (f) a notice issued under section 52 ; (g) an order made under subsection 94 (1) or (4); or (h) an order made under subsection 96 (1) or (3).
Retail Payment Activities Act — R-7.36 103
Definition of transition period 103 In this Part, transition period means the period that begins on the day on which section 29 comes into force and ends on the day before the day on which subsection 25 (1) comes into force.
Retail Payment Activities Act — R-7.36 104
Application required 104 A payment service provider that performs or plans to perform retail payment activities during the transition period must, within the prescribed period that begins on the day on which section 29 comes into force, apply to the Bank for registration in accordance with that section.
Retail Payment Activities Act — R-7.36 105
Prescribed periods 105 (1) For greater certainty, a regulation that prescribes a period within which something is to be done or may be done under this Act in relation to an application for registration may distinguish between applications that are submitted during the transition period and applications that are submitted after the end of that period. Period suspended for Centre (2) If subsection 53.6(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , as enacted by section 181 of the Budget Implementation Act, 2021, No. 1 , comes into force before or during the transition period, the 30-day period referred to in that subsection is, in relation to an application for registration that is submitted during the transition period, suspended until the end of the transition period.
Retail Payment Activities Act — R-7.36 106
Prohibition on disclosure of outcome of application 106 During the transition period, the Bank must not disclose the outcome or likely outcome of an application to the applicant unless a directive in relation to the applicant is issued to the Bank under section 40 .
Retail Payment Activities Act — R-7.36 107
Exception to subsection 62 (1) 107 Despite subsection 62 (1), the Bank may publish the names of applicants that submit applications during the transition period as well as any prescribed information in relation to those applications.
Retail Payment Activities Act — R-7.36 108
Non-application of section 23 108 Starting on the day on which section 23 comes into force, that section does not apply to a payment service provider who submits an application during the transition period until the earlier of (a) the day on which the Bank notifies the payment service provider under subsection 25 (2) that it has been registered; and (b) the day on which the Bank notifies the payment service provider under subsection 48 (3) or section 49 of a refusal to register.
Retail Payment Activities Act — R-7.36 604
604 The definition payment function in section 2 of the Retail Payment Activities Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the transmission or maintenance of an end user’s encrypted or tokenized payment instrument or an end user’s private key, whether or not the private key is encrypted or tokenized. ( fonction de paiement )
Retail Payment Activities Act — R-7.36 605
605 Subsection 18(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) any prescribed individual or entity, if the incident relates to a unit that meets prescribed criteria.
Returned Soldiers’ Insurance Act — R-7.4
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Returned Soldiers’ Insurance Act — R-7.4 1
Short title 1 This Act may be cited as The Returned Soldiers’ Insurance Act .
Returned Soldiers’ Insurance Act — R-7.4 2
Definitions 2 In this Act and in any regulation, unless the context otherwise requires, (a) brother includes a half-brother and sister includes a half-sister; ( frère et soeur ) (b) child includes, (i) a legally adopted child; (ii) a stepchild who is designated by the insured as a beneficiary and in such designation is described either by name or as a stepchild; and (iii) a child acknowledged or maintained by the insured or for whom the insured has been judicially ordered to provide support; ( enfant ) (b.1) common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait ) (c) grandchild means a child as above defined of a child as above defined; ( petit-enfant ) (d) Minister means the Minister of Veterans Affairs or such other Minister as the Governor in Council may from time to time determine; ( Ministre ) (e) parent includes a father, mother, grandfather, grandmother, stepfather, stepmother, foster-father, foster-mother, of either the insured or the spouse or common-law partner of the insured; ( parent ) (f) regulation means a regulation made under the provisions of this Act; ( règlement ) (g) returned soldier means any person, male or female, who served as an officer or warrant officer or who enlisted or was enrolled or was drafted for service in the naval, military or air forces of Canada in the Great War, or having been domiciled and resident in Canada on the 4th day of August, 1914, has served in any of His Majesty’s naval, military or air forces in the said war; or, having been domiciled and resident as aforesaid, has served in the naval, military or air forces of one of His Majesty’s Allies or Associated Powers in the Great War; and who has been retired or obtained honourable discharge therefrom; ( soldat de retour ) (h) widow means the widow of a returned soldier who has died after retirement or honourable discharge from service and before the expiration of twelve months from the coming into force of this Act; ( veuve ) (h.1) widower means the widower of a returned soldier who has died after retirement or honourable discharge from service and before the expiration of twelve months from the coming into force of this Act; ( veuf ) (i) the insured means any person with whom the Minister enters into a contract under this Act. ( l’assuré ) 1920, c. 54, s. 2; 1951, c. 59, s. 1; 1985, c. 26, s. 96; 2000, c. 12, ss. 278, 280, c. 34, s. 93(F)
Returned Soldiers’ Insurance Act — R-7.4 (a)
(a) brother includes a half-brother and sister includes a half-sister; ( frère et soeur )
Returned Soldiers’ Insurance Act — R-7.4 (b)
(b) child includes, (i) a legally adopted child; (ii) a stepchild who is designated by the insured as a beneficiary and in such designation is described either by name or as a stepchild; and (iii) a child acknowledged or maintained by the insured or for whom the insured has been judicially ordered to provide support; ( enfant )
Returned Soldiers’ Insurance Act — R-7.4 (b.1)
(b.1) common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait )
Returned Soldiers’ Insurance Act — R-7.4 (c)
(c) grandchild means a child as above defined of a child as above defined; ( petit-enfant )
Returned Soldiers’ Insurance Act — R-7.4 (d)
(d) Minister means the Minister of Veterans Affairs or such other Minister as the Governor in Council may from time to time determine; ( Ministre )
Returned Soldiers’ Insurance Act — R-7.4 (e)
(e) parent includes a father, mother, grandfather, grandmother, stepfather, stepmother, foster-father, foster-mother, of either the insured or the spouse or common-law partner of the insured; ( parent )
Returned Soldiers’ Insurance Act — R-7.4 (f)
(f) regulation means a regulation made under the provisions of this Act; ( règlement )
Returned Soldiers’ Insurance Act — R-7.4 (g)
(g) returned soldier means any person, male or female, who served as an officer or warrant officer or who enlisted or was enrolled or was drafted for service in the naval, military or air forces of Canada in the Great War, or having been domiciled and resident in Canada on the 4th day of August, 1914, has served in any of His Majesty’s naval, military or air forces in the said war; or, having been domiciled and resident as aforesaid, has served in the naval, military or air forces of one of His Majesty’s Allies or Associated Powers in the Great War; and who has been retired or obtained honourable discharge therefrom; ( soldat de retour )
Returned Soldiers’ Insurance Act — R-7.4 (h)
(h) widow means the widow of a returned soldier who has died after retirement or honourable discharge from service and before the expiration of twelve months from the coming into force of this Act; ( veuve )
Returned Soldiers’ Insurance Act — R-7.4 (h.1)
(h.1) widower means the widower of a returned soldier who has died after retirement or honourable discharge from service and before the expiration of twelve months from the coming into force of this Act; ( veuf )
Returned Soldiers’ Insurance Act — R-7.4 (i)
(i) the insured means any person with whom the Minister enters into a contract under this Act. ( l’assuré )