GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 34
Regulations 34 (1) The Board may, subject to the approval of the Governor in Council, make regulations (a) prescribing the manner of exercising or carrying out any of its powers, duties and functions under this Act and, generally, for its efficient operation; (b) respecting the keeping and preservation of records, documents and other evidence relating to transportation occurrences; (c) respecting the attendance of interested persons at tests to destruction conducted under subsection 19(5); (d) defining, for the purposes of an investigation, the site or sites of a transportation occurrence and prescribing rules for the protection of those sites; (e) for defining the rights or privileges of persons attending investigations as observers or with observer status; (f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation or at a public inquiry conducted under subsection 21(1) and the conditions under which a fee or expenses may be paid to any such witness; (g) respecting the procedures and rules to be followed in conducting public inquiries under subsection 21(1); (h) respecting the forms of warrants issued under section 19 and the modifications to be made to section 487.1 of the Criminal Code in its application to section 19; and (i) generally for carrying out the purposes and provisions of this Act. Amending schedule (2) The Governor in Council may, by order, amend the schedule by deleting therefrom or adding thereto the name of any board, commission, body or office. Publication of proposed regulations (3) Subject to subsection (4), a copy of each regulation that the Board proposes to make under subsection (1) or section 31 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to interested persons to make representations to the Board with respect thereto. Exceptions (4) Subsection (3) does not apply in respect of a proposed regulation that (a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or (b) makes no substantive change to an existing regulation. 1989, c. 3, s. 34; 1998, c. 20, s. 21
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 35
Offences 35 (1) Every person who (a) contravenes subsection 19(8), (10) or (11), (b) without lawful excuse, wilfully resists or otherwise obstructs a member or an investigator in the execution of powers or duties under this Act or the regulations, (c) knowingly gives false or misleading information at any investigation or public inquiry under this Act, or (d) makes a report pursuant to section 31 that the person knows to be false or misleading is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction. Idem (2) Every person who contravenes a provision of this Act or the regulations for which no punishment is specified is guilty of an offence punishable on summary conviction. 1989, c. 3, s. 35; 1998, c. 20, s. 22
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 36
Evidence 36 (1) Subject to subsections (2) and (3), (a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power pursuant to section 19 and stating the results of the exercise of the power, or (b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator pursuant to subsection 19(9) is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the report or certified the document and is, in the absence of evidence to the contrary, proof of the statements contained in the report or proof of the contents of the document. Notice (2) No report or document shall be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document. Cross-examination (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 58
oard Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”. Idem (5) Where a statement, as defined in section 37 of the Canadian Aviation Safety Board Act , was obtained by the Canadian Aviation Safety Board or by an investigator before the coming into force of section 41 of this Act, sections 37 to 40 of the Canadian Aviation Safety Board Act continue to apply in respect of that statement after and notwithstanding the coming into force of section 41 of this Act, and, for that purpose, in the Canadian Aviation Safety Board Act , (a) “Board” in subsection 38(2) shall be read as “Canadian Transportation Accident Investigation and Safety Board”; (b) subsection 38(3) shall be deemed to read as follows: “(3) The Canadian Transportation Accident Investigation and Safety Board shall make available any statement obtained under this Act to (a) a peace officer authorized by law to gain access thereto; (b) a coroner who requests access thereto for the purpose of an investigation that the coroner is conducting; or (c) any person carrying out a co-ordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act or designated as an observer by the Minister of Transport under subsection 23(2) of that Act.”; (c) “this Act” in subsection 39(2) shall be read as “the Canadian Transportation Accident Investigation and Safety Board Act ”; and (d) “section 43” in section 40 shall be read as “section 35 of the Canadian Transportation Accident Investigation and Safety Board Act ”. Idem (6) Where, before the coming into force of section 41 of this Act, a person reported an aviation occurrence to the Canadian Aviation Safety Board pursuant to regulations made under subsection 41(1) of the Canadian Aviation Safety Board Act , then, after and notwithstanding the coming into force of section 41 of this Act, (a) subsections 41(2), (4), (5) and (6) of the Canadian Aviation Safety Board Act continue to apply in respect of that report; and (b) “Board” in subsection 41(2) of the Canadian Aviation Safety Board Act shall be read as “Canadian Transportation Accident Investigation and Safety Board”.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 60
Inquiries under section 40 of Railway Safety Act 60 For the sole purpose of enabling the completion under section 40 of the Railway Safety Act of an inquiry by a person, or by persons who include a person, who is appointed as an investigator under section 9 of this Act into, or into matters that include, the causes and contributing factors of an accident or loss of life or property occurring on a railway, where that inquiry was commenced but not completed before the day on which section 51 of this Act comes into force, (a) that person continues to have the same powers and duties under the Railway Safety Act as the person had before the person’s appointment under this Act; (b) the Canadian Transportation Accident Investigation and Safety Board shall make the services of that person available to the Minister of Transport; and (c) that person shall be paid remuneration and expenses in respect of the performance of duties under the Railway Safety Act as if those duties were being performed under this Act.
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 62
Staff 62 (1) Every indeterminate employee in the public service of Canada who is transferred to a position in the Canadian Transportation Accident Investigation and Safety Board from the public service of Canada within ninety days after the day on which this section comes into force is deemed to have been appointed to the Board in accordance with subsection 9(1). Transfer of premises and supplies (2) All premises and supplies that were assigned to the Canadian Aviation Safety Board, the Department of Transport and the National Transportation Agency as at March 28, 1990 and that were connected with their investigations into transportation occurrences at that time are deemed to have been assigned to the Canadian Transportation Accident Investigation and Safety Board, and all additional arrangements made necessary by this Act shall be made by the appropriate departments and other authorities. 1989, c. 3, s. 62; 1996, c. 10, s. 208
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 Coming into force
Coming into force * 64 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force March 29, 1990, see SI/90-63.]
Canadian Transportation Accident Investigation and Safety Board Act — C-23.4 198
Canadian Transportation Accident Investigation and Safety Board Act 198 The obligation under subsection 13(2) of the Canadian Transportation Accident Investigation and Safety Board Act , as that subsection read immediately before the day on which this Act receives royal assent, continues to apply in respect of the fiscal year beginning on April 1, 2011 but does not apply in respect of any subsequent fiscal year.
Canadian Victims Bill of Rights — C-23.7 Preamble
Preamble Whereas crime has a harmful impact on victims and on society;
Canadian Victims Bill of Rights — C-23.7
Whereas victims of crime and their families deserve to be treated with courtesy, compassion and respect, including respect for their dignity;
Canadian Victims Bill of Rights — C-23.7
Whereas it is important that victims’ rights be considered throughout the criminal justice system;
Canadian Victims Bill of Rights — C-23.7
Whereas victims of crime have rights that are guaranteed by the Canadian Charter of Rights and Freedoms ;
Canadian Victims Bill of Rights — C-23.7
Whereas consideration of the rights of victims of crime is in the interest of the proper administration of justice;
Canadian Victims Bill of Rights — C-23.7
Whereas the federal, provincial and territorial governments share responsibility for criminal justice;
Canadian Victims Bill of Rights — C-23.7
Whereas, in 1988, the federal, provincial and territorial governments endorsed the Canadian Statement of Basic Principles of Justice for Victims of Crime and, in 2003, the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003 ;
Canadian Victims Bill of Rights — C-23.7
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Victims Bill of Rights — C-23.7 1
Short title 1 This Act may be cited as the Canadian Victims Bill of Rights .
Canadian Victims Bill of Rights — C-23.7 2
Definitions 2 The following definitions apply in this Act. offence means an offence under the Criminal Code , the Youth Criminal Justice Act or the Crimes Against Humanity and War Crimes Act , a designated substance offence as defined in subsection 2(1) of the Controlled Drugs and Substances Act , a designated offence as defined in subsection 2(1) of the Cannabis Act or an offence under section 91 or Part 3 of the Immigration and Refugee Protection Act . ( infraction ) victim means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of an offence. ( victime ) 2015, c. 13, s. 2 “2”; 2018, c. 16, s. 187
Canadian Victims Bill of Rights — C-23.7
offence means an offence under the Criminal Code , the Youth Criminal Justice Act or the Crimes Against Humanity and War Crimes Act , a designated substance offence as defined in subsection 2(1) of the Controlled Drugs and Substances Act , a designated offence as defined in subsection 2(1) of the Cannabis Act or an offence under section 91 or Part 3 of the Immigration and Refugee Protection Act . ( infraction )
Canadian Victims Bill of Rights — C-23.7
victim means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of an offence. ( victime )
Canadian Victims Bill of Rights — C-23.7 3
Acting on victim’s behalf 3 Any of the following individuals may exercise a victim’s rights under this Act if the victim is dead or incapable of acting on their own behalf: (a) the victim’s spouse or the individual who was at the time of the victim’s death their spouse; (b) the individual who is or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year; (c) a relative or dependant of the victim; (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.
Canadian Victims Bill of Rights — C-23.7 4
Exception 4 An individual is not a victim in relation to an offence, or entitled to exercise a victim’s rights under this Act, if the individual is charged with the offence, found guilty of the offence or found not criminally responsible on account of mental disorder or unfit to stand trial in respect of the offence.
Canadian Victims Bill of Rights — C-23.7 5
Criminal justice system 5 For the purpose of this Act, the criminal justice system consists of (a) the investigation and prosecution of offences in Canada; (b) the corrections process and the conditional release process in Canada; and (c) the proceedings of courts and Review Boards, as those terms are defined in subsection 672.1(1) of the Criminal Code , in respect of accused who are found not criminally responsible on account of mental disorder or unfit to stand trial.
Canadian Victims Bill of Rights — C-23.7 6
General information 6 Every victim has the right, on request, to information about (a) the criminal justice system and the role of victims in it; (b) the services and programs available to them as a victim, including restorative justice programs; and (c) their right to file a complaint for an infringement or denial of any of their rights under this Act.
Canadian Victims Bill of Rights — C-23.7 7
Investigation and proceedings 7 Every victim has the right, on request, to information about (a) the status and outcome of the investigation into the offence; and (b) the location of proceedings in relation to the offence, when they will take place and their progress and outcome.
Canadian Victims Bill of Rights — C-23.7 8
Information about offender or accused 8 Every victim has the right, on request, to information about (a) reviews under the Corrections and Conditional Release Act relating to the offender’s conditional release and the timing and conditions of that release; and (b) hearings held for the purpose of making dispositions, as defined in subsection 672.1(1) of the Criminal Code , in relation to the accused, if the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and the dispositions made at those hearings.
Canadian Victims Bill of Rights — C-23.7 9
Security 9 Every victim has the right to have their security considered by the appropriate author- ities in the criminal justice system.
Canadian Victims Bill of Rights — C-23.7 10
Protection from intimidation and retaliation 10 Every victim has the right to have reasonable and necessary measures taken by the appropriate authorities in the criminal justice system to protect the victim from intimidation and retaliation.
Canadian Victims Bill of Rights — C-23.7 11
Privacy 11 Every victim has the right to have their privacy considered by the appropriate authorities in the criminal justice system.
Canadian Victims Bill of Rights — C-23.7 12
Identity protection 12 Every victim has the right to request that their identity be protected if they are a complainant to the offence or a witness in proceedings relating to the offence.
Canadian Victims Bill of Rights — C-23.7 13
Testimonial aids 13 Every victim has the right to request testimonial aids when appearing as a witness in proceedings relating to the offence.
Canadian Victims Bill of Rights — C-23.7 14
Views to be considered 14 Every victim has the right to convey their views about decisions to be made by appropriate authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered.
Canadian Victims Bill of Rights — C-23.7 15
Victim impact statement 15 Every victim has the right to present a victim impact statement to the appropriate authorities in the criminal justice system and to have it considered.
Canadian Victims Bill of Rights — C-23.7 16
Restitution order 16 Every victim has the right to have the court consider making a restitution order against the offender.
Canadian Victims Bill of Rights — C-23.7 17
Enforcement 17 Every victim in whose favour a restitution order is made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender.
Canadian Victims Bill of Rights — C-23.7 18
Application 18 (1) This Act applies in respect of a victim of an offence in their interactions with the criminal justice system (a) while the offence is investigated or prosecuted; (b) while the offender is subject to the corrections process or the conditional release process in relation to the offence; and (c) while the accused is, in relation to the offence, under the jurisdiction of a court or a Review Board, as those terms are defined in subsection 672.1(1) of the Criminal Code , if they are found not criminally responsible on account of mental disorder or unfit to stand trial. Reporting of offence (2) For the purpose of subsection (1), if an offence is reported to the appropriate authorities in the criminal justice system, the investigation of the offence is deemed to begin at the time of the reporting. National Defence Act (3) Subject to subsection (4), this Act does not apply in respect of offences that are service offences , as defined in subsection 2(1) of the National Defence Act , that are investigated or proceeded with under that Act. Application (4) This Act applies in respect of an offender who is convicted of a service offence , as defined in subsection 2(1) of the National Defence Act and who is committed to a penitentiary or a civil prison , as those terms are defined in that subsection. 2015, c. 13, s. 2 “18” 2019, c. 15, s. 61
Canadian Victims Bill of Rights — C-23.7 19
Exercise of rights 19 (1) The rights of victims under this Act are to be exercised through the mechanisms provided by law. Connection to Canada (2) A victim is entitled to exercise their rights under this Act only if they are present in Canada or they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act .
Canadian Victims Bill of Rights — C-23.7 20
Interpretation of this Act 20 This Act is to be construed and applied in a manner that is reasonable in the circumstances, and in a manner that is not likely to (a) interfere with the proper administration of justice, including (i) by causing interference with police discretion or causing excessive delay in, or compromising or hindering, the investigation of any offence, and (ii) by causing interference with prosecutorial discretion or causing excessive delay in, or compromising or hindering, the prosecution of any offence; (b) interfere with ministerial discretion; (c) interfere with the discretion that may be exercised by any person or body authorized to release an offender into the community; (d) endanger the life or safety of any individual; or (e) cause injury to international relations or national defence or national security.
Canadian Victims Bill of Rights — C-23.7 21
Interpretation of other Acts, regulations, etc. 21 To the extent that it is possible to do so, every Act of Parliament enacted — and every order, rule or regulation made under such an Act — before, on or after the day on which this Act comes into force must be construed and applied in a manner that is compatible with the rights under this Act.
Canadian Victims Bill of Rights — C-23.7 22
Primacy in event of inconsistency 22 (1) If, after the application of sections 20 and 21 , there is any inconsistency between any provision of this Act and any provision of any Act, order, rule or regulation referred to in section 21 , the provision of this Act prevails to the extent of the inconsistency. Exception — Acts, regulations, etc. (2) Subsection (1) does not apply in respect of the Canadian Bill of Rights , the Canadian Human Rights Act , the Official Languages Act , the Access to Information Act and the Privacy Act and in respect of orders, rules and regulations made under any of those Acts. It also does not apply in respect of Division 1.1 of Part III of the National Defence Act and in respect of any orders, rules and regulations made under that Act to the extent that they apply in relation to that Division. 2015, c. 13, s. 2 “22” 2019, c. 15, s. 62
Canadian Victims Bill of Rights — C-23.7 23
No adverse inference 23 No adverse inference is to be drawn against a person who is charged with an offence from the fact that an individual has been identified as a victim in relation to the offence.
Canadian Victims Bill of Rights — C-23.7 24
Entering or remaining in Canada 24 Nothing in this Act is to be construed so as to permit any individual to (a) enter Canada or to remain in Canada beyond the end of the period for which they are authorized to so remain; (b) delay any removal proceedings or prevent the enforcement of any removal order; or (c) delay any extradition proceedings or prevent the extradition of any person to or from Canada.
Canadian Victims Bill of Rights — C-23.7 25
Complaint — federal entity 25 (1) Every victim who is of the opinion that any of their rights under this Act have been infringed or denied by a federal department, agency or body has the right to file a complaint in accordance with its complaints mechanism. Complaint to authority (2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body. Complaints mechanism (3) Every federal department, agency or body that is involved in the criminal justice system must have a complaints mechanism that provides for (a) a review of complaints involving alleged infringements or denials of rights under this Act; (b) the power to make recommendations to remedy such infringements and denials; and (c) the obligation to notify victims of the result of those reviews and of the recommendations, if any were made.
Canadian Victims Bill of Rights — C-23.7 26
Complaint — provincial or territorial entity 26 Every victim who is of the opinion that their rights under this Act have been infringed or denied by a provincial or territorial department, agency or body may file a complaint in accordance with the laws of the province or territory.
Canadian Victims Bill of Rights — C-23.7 27
Status 27 Nothing in this Act is to be construed as granting to, or removing from, any victim or any individual acting on behalf of a victim the status of party, intervenor or observer in any proceedings.
Canadian Victims Bill of Rights — C-23.7 28
No cause of action 28 No cause of action or right to damages arises from an infringement or denial of a right under this Act.