GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Standards Council of Canada Act — S-16
National Standards System means the system for voluntary standards development, promotion and implementation in Canada. ( Système national de normes )
Standards Council of Canada Act — S-16 5
Further powers 5 The Council, in carrying out its mandate and exercising its powers under section 4, may (a) expend, for the purposes of this Act, any money appropriated by Parliament for the work of the Council or received by the Council through the conduct of its operations; (b) acquire and hold real property or immovables or any interest or right in them and dispose of that real property or those immovables or interest or right at pleasure; (c) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any such money, securities or other property, subject to the terms, if any, on which the acquisition is made; (d) publish and sell or otherwise distribute information on standardization; and (e) do such other things as are incidental or conducive to the fulfilment of the mandate and the exercise of the powers of the Council. R.S., 1985, c. S-16, s. 5; 1996, c. 24, s. 4; 2011, c. 21, s. 156
Standards Council of Canada Act — S-16 6
Appointment of members 6 (1) Each member of the Council, other than the persons referred to in paragraphs 3(a) and (b), shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term not exceeding four years in such a manner that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members. Requirements (2) The members of the Council referred to in paragraph 3(c) must be representative of a broad spectrum of interests in the private sector and have the knowledge or experience necessary to assist the Council in the fulfilment of its mandate. No right to vote (3) The member of the Council referred to in paragraph 3(b) is a non-voting member of the Council. R.S., 1985, c. S-16, s. 6; R.S., 1985, c. 1 (4th Supp.), s. 33; 1996, c. 24, s. 5; 2006, c. 9, s. 299; 2010, c. 12, s. 1770
Standards Council of Canada Act — S-16 7
Designation of Chairperson and Vice-Chairperson 7 (1) A Chairperson of the Council and a Vice-Chairperson of the Council shall each be designated by the Governor in Council from among the members of the Council to hold office during pleasure for such term as the Governor in Council considers appropriate. Duties of Chairperson (1.1) The Chairperson shall preside at meetings of the Council and shall perform such other duties as are assigned to the Chairperson by the Council or the by-laws of the Council. Acting Chairperson (2) If the Chairperson of the Council is absent or unable to act or the office of Chairperson is vacant, the Vice-Chairperson of the Council shall act as Chairperson. Acting Chairperson (3) If both the Chairperson of the Council and the Vice-Chairperson of the Council are absent or unable to act, or if both those offices are vacant, a member designated by the members of the Council shall act as Chairperson. R.S., 1985, c. S-16, s. 7; R.S., 1985, c. 1 (4th Supp.), s. 44(E); 1996, c. 24, s. 6
Standards Council of Canada Act — S-16 8
Re-appointment 8 A retiring Chairperson, Vice-Chairperson or other member of the Council is eligible for re-appointment to the Council in the same or another capacity. R.S., 1985, c. S-16, s. 8; 1996, c. 24, s. 7(E)
Standards Council of Canada Act — S-16 9
Remuneration of Chairperson 9 (1) The Chairperson of the Council shall be paid such remuneration as may be fixed by the Governor in Council. Travel and living expenses (2) The members of the Council, other than the Chairperson of the Council, shall serve without remuneration but each member is entitled to be paid reasonable travel and other expenses while absent from the member’s ordinary place of residence in the course of the member’s duties under this Act. Remuneration of members for additional duties (3) Notwithstanding subsection (2), a member of the Council other than the Chairperson of the Council may, for any period during which the member performs with the approval of the Council any duties on behalf of the Council in addition to the member’s ordinary duties as a member, be paid such remuneration as may be fixed by the Governor in Council. Compensation (4) For the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act , the members of the Council are deemed to be employed in the federal public administration. R.S., 1985, c. S-16, s. 9; 1996, c. 24, s. 8; 2003, c. 22, s. 224(E)
Standards Council of Canada Act — S-16 10
Head office 10 The head office of the Council shall be in the National Capital Region described in the schedule to the National Capital Act . R.S., c. 41(1st Supp.), s. 10
Standards Council of Canada Act — S-16 11
Meetings 11 The Council shall meet at least once a year and may meet at such other times as it considers appropriate. R.S., 1985, c. S-16, s. 11; 1996, c. 24, s. 9
Standards Council of Canada Act — S-16 13
By-laws 13 (1) The Council may make by-laws for the regulation of its proceedings and generally for the conduct of its activities, including by-laws establishing (a) ad hoc, standing and other committees of the Council; (b) for the purposes of paragraphs 4(2)(d) and (d.1), criteria and procedures for the accreditation of organizations and for the revocation of such accreditations; and (c) a membership scheme to allow broader participation by the public in Council activities. Advisory committee (2) Any by-law made pursuant to subsection (1) establishing an advisory committee of the Council may provide for the membership thereon of persons other than members of the Council, in addition to members of the Council. R.S., 1985, c. S-16, s. 13; 1996, c. 24, s. 10
Standards Council of Canada Act — S-16 14
Appointment of Executive Director 14 (1) An Executive Director of the Council shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate. Direction of work and staff (2) The executive director is the chief executive officer of the Council and, subject to subsection (3), has supervision over and direction of the work and staff of the Council. Staff appointment and duties (3) The Council may (a) appoint such other officers and employees as are necessary for the proper conduct of the work of the Council; and (b) prescribe the duties of the executive director and the other officers and employees of the Council appointed pursuant to this subsection and the terms and conditions of their employment. Salary and expenses of executive director (4) The executive director of the Council shall be paid such remuneration and expenses as are fixed by the Governor in Council. Salary and expenses of staff (5) The officers and employees of the Council appointed pursuant to subsection (3) shall be paid such remuneration and expenses as are fixed by the Council with the approval of the Treasury Board. R.S., 1985, c. S-16, s. 14; R.S., 1985, c. 1 (4th Supp.), s. 44(E)
Standards Council of Canada Act — S-16 15
Advisers 15 The Council may engage for temporary periods or for specific projects persons having a technical or specialized knowledge of any matter relating to the work of the Council to advise and assist the Council in the performance of its duties under this Act and may, with the approval of the Treasury Board, fix and pay their remuneration and expenses. R.S., c. 41(1st Supp.), s. 14
Standards Council of Canada Act — S-16 16
Not agent of Her Majesty 16 The Council is not an agent of Her Majesty and, except as provided in section 17, the members and the executive director and other officers and employees of the Council are not part of the federal public administration. R.S., 1985, c. S-16, s. 16; 2003, c. 22, s. 224(E); 2010, c. 12, s. 1771
Standards Council of Canada Act — S-16 17
Application of Public Service Superannuation Act 17 (1) The executive director and the other officers and employees of the Council appointed pursuant to subsection 14(3) shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act , and the Council shall be deemed to be a Public Service corporation for the purposes of that Act. Members of the Council (2) The Public Service Superannuation Act does not apply to the members of the Council. Compensation (3) For the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act , the persons referred to in subsection (1) are deemed to be employed in the federal public administration. R.S., 1985, c. S-16, s. 17; 1996, c. 24, s. 11; 2003, c. 22, ss. 224(E), 225(E); 2010, c. 12, s. 1772
Standards Council of Canada Act — S-16 18
Council registered charity 18 The Council shall, for the purposes of the Income Tax Act , be deemed to be a registered charity within the meaning of that expression for the purposes of that Act. R.S., 1985, c. S-16, s. 18; 1999, c. 31, s. 246(F)
Standards Council of Canada Act — S-16 19
Auditor 19 The Auditor General of Canada is the auditor of the Council. R.S., c. 41(1st Supp.), s. 19; 1976-77, c. 34, s. 30(F); 1984, c. 31, s. 14
Standards Council of Canada Act — S-16 20
Committee established 20 (1) There is hereby established a committee, to be known as the Provincial-Territorial Advisory Committee, consisting of a representative of each province and territory appointed by that province or territory. Chairperson and Vice-Chairperson (2) The Chairperson and Vice-Chairperson of the Provincial-Territorial Advisory Committee shall be appointed from among the members of the committee by the members of the committee. Mandate (3) The mandate of the Provincial-Territorial Advisory Committee is to advise and make recommendations to the Council on matters related to voluntary standardization and to promote cooperation and communication between the provinces, the territories and the Council. 1996, c. 24, s. 12
Standards Council of Canada Act — S-16 21
Committee established 21 (1) There is hereby established a committee, to be known as the Standards Development Organizations Advisory Committee, consisting of a representative of each organization accredited by the Council under paragraph 4(2)(d.1). Chairperson (2) The Chairperson of the Standards Development Organizations Advisory Committee shall be appointed from among the members of the committee by the members of the committee. Mandate (3) The mandate of the Standards Development Organizations Advisory Committee is to advise and make recommendations to the Council on matters related to voluntary standards development and to promote cooperation and communication between the Council and the organizations represented on the committee. 1996, c. 24, s. 12
Standards Council of Canada Act — S-16 22
Electronic meetings 22 A meeting of the Council or a committee of the Council or a committee referred to in subsection 20(1) or 21(1) may be held by means of such telephonic, electronic or other communications facilities as permit all persons participating in the meeting to communicate adequately with each other during the meeting. 1996, c. 24, s. 12
Standards Council of Canada Act — S-16 13
Members cease to hold office 13 (1) Notwithstanding subsection 105(4) of the Financial Administration Act , every person who was a member of the Standards Council of Canada immediately before the day section 1 of this Act comes into force, except the President, shall cease to hold office on that day. President (2) The President of the Standards Council of Canada holding office immediately before the day section 6 of this Act comes into force shall, as of that day, be the Chairperson of the Standards Council of Canada and shall hold office as a member of the Standards Council of Canada, and as Chairperson, until the expiration of the remainder of that person’s term of office.
State Immunity Act — S-18 1
Short title 1 This Act may be cited as the State Immunity Act . 1980-81-82-83, c. 95, s. 1
State Immunity Act — S-18 2
Definitions 2 In this Act, agency of a foreign state means any legal entity that is an organ of the foreign state but that is separate from the foreign state; ( organisme d’un État étranger ) commercial activity means any particular transaction, act or conduct or any regular course of conduct that by reason of its nature is of a commercial character; ( activité commerciale ) foreign state includes (a) any sovereign or other head of the foreign state or of any political subdivision of the foreign state while acting as such in a public capacity, (b) any government of the foreign state or of any political subdivision of the foreign state, including any of its departments, and any agency of the foreign state, and (c) any political subdivision of the foreign state; ( État étranger ) political subdivision means a province, state or other like political subdivision of a foreign state that is a federal state. ( subdivision politique ) terrorist activity in respect of a foreign state has the same meaning as in subsection 83.01(1) of the Criminal Code , provided that a foreign state set out on the list referred to in subsection 6.1(2) does the act or omission on or after January 1, 1985. ( activité terroriste ) R.S., 1985, c. S-18, s. 2; 2012, c. 1, s. 3.1
State Immunity Act — S-18
agency of a foreign state means any legal entity that is an organ of the foreign state but that is separate from the foreign state; ( organisme d’un État étranger )
State Immunity Act — S-18
commercial activity means any particular transaction, act or conduct or any regular course of conduct that by reason of its nature is of a commercial character; ( activité commerciale )
State Immunity Act — S-18 (a)
foreign state includes (a) any sovereign or other head of the foreign state or of any political subdivision of the foreign state while acting as such in a public capacity, (b) any government of the foreign state or of any political subdivision of the foreign state, including any of its departments, and any agency of the foreign state, and (c) any political subdivision of the foreign state; ( État étranger )
State Immunity Act — S-18
political subdivision means a province, state or other like political subdivision of a foreign state that is a federal state. ( subdivision politique )
State Immunity Act — S-18
terrorist activity in respect of a foreign state has the same meaning as in subsection 83.01(1) of the Criminal Code , provided that a foreign state set out on the list referred to in subsection 6.1(2) does the act or omission on or after January 1, 1985. ( activité terroriste )
State Immunity Act — S-18 2.1
Meaning of supports terrorism 2.1 For the purposes of this Act, a foreign state supports terrorism if it commits, for the benefit of or otherwise in relation to a listed entity as defined in subsection 83.01(1) of the Criminal Code , an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code . 2012, c. 1, s. 4
State Immunity Act — S-18 3
State immunity 3 (1) Except as provided by this Act, a foreign state is immune from the jurisdiction of any court in Canada. Court to give effect to immunity (2) In any proceedings before a court, the court shall give effect to the immunity conferred on a foreign state by subsection (1) notwithstanding that the state has failed to take any step in the proceedings. 1980-81-82-83, c. 95, s. 3
State Immunity Act — S-18 4
Immunity waived 4 (1) A foreign state is not immune from the jurisdiction of a court if the state waives the immunity conferred by subsection 3(1) by submitting to the jurisdiction of the court in accordance with subsection (2) or (4). State submits to jurisdiction (2) In any proceedings before a court, a foreign state submits to the jurisdiction of the court where it (a) explicitly submits to the jurisdiction of the court by written agreement or otherwise either before or after the proceedings commence; (b) initiates the proceedings in the court; or (c) intervenes or takes any step in the proceedings before the court. Exception (3) Paragraph (2)(c) does not apply to (a) any intervention or step taken by a foreign state in proceedings before a court for the purpose of claiming immunity from the jurisdiction of the court; or (b) any step taken by a foreign state in ignorance of facts entitling it to immunity if those facts could not reasonably have been ascertained before the step was taken and immunity is claimed as soon as reasonably practicable after they are ascertained. Third party proceedings and counter-claims (4) A foreign state that initiates proceedings in a court or that intervenes or takes any step in proceedings before a court, other than an intervention or step to which paragraph (2)(c) does not apply, submits to the jurisdiction of the court in respect of any third party proceedings that arise, or counter-claim that arises, out of the subject-matter of the proceedings initiated by the state or in which the state has so intervened or taken a step. Appeal and review (5) Where, in any proceedings before a court, a foreign state submits to the jurisdiction of the court in accordance with subsection (2) or (4), that submission is deemed to be a submission by the state to the jurisdiction of such one or more courts by which those proceedings may, in whole or in part, subsequently be considered on appeal or in the exercise of supervisory jurisdiction. 1980-81-82-83, c. 95, s. 4
State Immunity Act — S-18 5
Commercial activity 5 A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to any commercial activity of the foreign state. 1980-81-82-83, c. 95, s. 5
State Immunity Act — S-18 6
Death and property damage 6 A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to (a) any death or personal or bodily injury, or (b) any damage to or loss of property that occurs in Canada. R.S., 1985, c. S-18, s. 6; 2001, c. 4, s. 121
State Immunity Act — S-18 7
Maritime law 7 (1) A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to (a) an action in rem against a ship owned or operated by the state, or (b) an action in personam for enforcing a claim in connection with a ship owned or operated by the state, if, at the time the claim arose or the proceedings were commenced, the ship was being used or was intended for use in a commercial activity. Cargo (2) A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to (a) an action in rem against any cargo owned by the state if, at the time the claim arose or the proceedings were commenced, the cargo and the ship carrying the cargo were being used or were intended for use in a commercial activity; or (b) an action in personam for enforcing a claim in connection with any cargo owned by the state if, at the time the claim arose or the proceedings were commenced, the ship carrying the cargo was being used or was intended for use in a commercial activity. Idem (3) For the purposes of subsections (1) and (2), a ship or cargo owned by a foreign state includes any ship or cargo in the possession or control of the state and any ship or cargo in which the state claims an interest. 1980-81-82-83, c. 95, s. 7
State Immunity Act — S-18 8
Property in Canada 8 A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest or, in the Province of Quebec, a right of the state in property that arises by way of succession, gift or bona vacantia . R.S., 1985, c. S-18, s. 8; 2004, c. 25, s. 172
State Immunity Act — S-18 9
Service on a foreign state 9 (1) Service of an originating document on a foreign state, other than on an agency of the foreign state, may be made (a) in any manner agreed on by the state; (b) in accordance with any international Convention to which the state is a party; or (c) in the manner provided in subsection (2). Idem (2) For the purposes of paragraph (1)(c), anyone wishing to serve an originating document on a foreign state may deliver a copy of the document, in person or by registered mail, to the Deputy Minister of Foreign Affairs or a person designated by him for the purpose, who shall transmit it to the foreign state. Service on an agency of a foreign state (3) Service of an originating document on an agency of a foreign state may be made (a) in any manner agreed on by the agency; (b) in accordance with any international Convention applicable to the agency; or (c) in accordance with any applicable rules of court. Idem (4) Where service on an agency of a foreign state cannot be made under subsection (3), a court may, by order, direct how service is to be made. Date of service (5) Where service of an originating document is made in the manner provided in subsection (2), service of the document shall be deemed to have been made on the day that the Deputy Minister of Foreign Affairs or a person designated by him pursuant to subsection (2) certifies to the relevant court that the copy of the document has been transmitted to the foreign state. R.S., 1985, c. S-18, s. 9; 1995, c. 5, s. 27
State Immunity Act — S-18 10
Default judgment 10 (1) Where, in any proceedings in a court, service of an originating document has been made on a foreign state in accordance with subsection 9(1), (3) or (4) and the state has failed to take, within the time limited therefor by the rules of the court or otherwise by law, the initial step required of a defendant or respondent in those proceedings in that court, no further step toward judgment may be taken in the proceedings except after the expiration of at least sixty days following the date of service of the originating document. Idem (2) Where judgment is signed against a foreign state in any proceedings in which the state has failed to take the initial step referred to in subsection (1), a certified copy of the judgment shall be served on the foreign state (a) where service of the document that originated the proceedings was made on an agency of the foreign state, in such manner as is ordered by the court; or (b) in any other case, in the manner specified in paragraph 9(1)(c) as though the judgment were an originating document. Idem (3) Where, by reason of subsection (2), a certified copy of a judgment is required to be served in the manner specified in paragraph 9(1)(c), subsections 9(2) and (5) apply with such modifications as the circumstances require. Application to set aside or revoke default judgment (4) A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked. R.S., 1985, c. S-18, s. 10; 2004, c. 25, s. 173
State Immunity Act — S-18 11
No injunction, specific performance, etc., without consent 11 (1) Subject to subsection (3), no relief by way of an injunction, specific performance or the recovery of land or other property may be granted against a foreign state unless the state consents in writing to that relief and, where the state so consents, the relief granted shall not be greater than that consented to by the state. Submission not consent (2) Submission by a foreign state to the jurisdiction of a court is not consent for the purposes of subsection (1). Exception (3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity. R.S., 1985, c. S-18, s. 11; 2012, c. 1, s. 6