GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Visiting Forces Act — V-2 20
Foreign Interference and Security of Information Act applicable 20 Subject to section 21, the Foreign Interference and Security of Information Act applies and shall be construed as applying in respect of a designated state as though (a) a reference in that Act to office under Her Majesty included any office or employment in or under any department or branch of the government of a designated state; (b) a reference in that Act to prohibited place included (i) any work of defence belonging to or occupied or used by or on behalf of a designated state including arsenals, armed forces establishments or stations, factories, dockyards, mines, minefields, camps, ships, aircraft, telegraph, telephone, wireless or signal stations or offices, and places, other than diplomatic premises of designated states, used for the purpose of building, repairing, making or storing any munitions of war or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war, and (ii) any place, not belonging to a designated state, where any munitions of war or any sketches, plans, models or documents relating thereto are being made, repaired, obtained or stored under contract with, or with any person on behalf of, a designated state, or otherwise on behalf of a designated state; (c) a reference in that Act to safety or interests of the state or to interest of the state or to public interest included the safety and security interests of a designated state; (d) a reference in that Act to contract made on behalf of Her Majesty included a contract made on behalf of a designated state; (e) the expression appointed by or acting under the authority of Her Majesty in that Act included the expression “appointed by or acting under the authority of the government of a designated state”; and (f) a reference in that Act to any member of Her Majesty’s forces included a member of the visiting force of a designated state. R.S., 1985, c. V-2, s. 20; 2001, c. 41, s. 37 2024, c. 16, s. 57
Visiting Forces Act — V-2 21
Exception 21 Section 26 of the Foreign Interference and Security of Information Act does not apply in respect of a designated state. R.S., 1985, c. V-2, s. 21; 2001, c. 41, s. 38 2024, c. 16, s. 57
Visiting Forces Act — V-2 22
Residence or domicile 22 (1) Where the liability for any form of taxation in Canada depends on residence or domicile, a period during which a member of a visiting force is in Canada by reason of his being a member of such visiting force shall, for the purpose of such taxation, be deemed not to be a period of residence in Canada and not to create a change of residence or domicile. Salaries (2) A member of a visiting force is exempt from taxation in Canada on the salary and emoluments paid to the member as a member by a designated state and in respect of any tangible personal or corporeal movable property that is in Canada temporarily by reason of the member’s presence in Canada as a member. Resident Canadian citizens excepted (3) For the purposes of this section, the term member of a visiting force does not include a Canadian citizen resident or ordinarily resident in Canada. R.S., 1985, c. V-2, s. 22; 2001, c. 4, s. 127
Visiting Forces Act — V-2 23
Service vehicles 23 No tax or fee is payable in respect of the licensing or registration of service vehicles of a visiting force or in respect of the use of such vehicles on any road in Canada. R.S., c. V-6, s. 23
Visiting Forces Act — V-2 24
Imports 24 (1) Subject to the regulations, a visiting force may import into Canada, free of duty and tax, equipment for the visiting force and such quantities of provisions, supplies and other goods for the exclusive use of the visiting force as in the opinion of the Minister of Public Safety and Emergency Preparedness are reasonable. Idem (2) The Minister of Public Safety and Emergency Preparedness may authorize the import into Canada, free of duty and tax, of goods for use by dependants of members of a visiting force. R.S., 1985, c. V-2, s. 24; 2005, c. 38, ss. 142, 145
Visiting Forces Act — V-2 25
Personal effects and motor vehicles 25 A member of a visiting force may, in accordance with the regulations, (a) at the time of his first arrival to take up service in Canada and at the time of the first arrival of any dependant to join the member, import his personal effects and furniture free of duty and tax; and (b) import, free of duty and tax, his private motor vehicle for the personal use of himself and his dependants temporarily, but this paragraph shall not be construed as granting or authorizing the granting of any exemption from taxes or fees in respect of the licensing or registration of private vehicles or the use of the roads by private vehicles in Canada. R.S., c. V-6, s. 25
Visiting Forces Act — V-2 26
Fuel, oil, etc. 26 Subject to compliance with such conditions as are prescribed by the regulations, no duty or tax is payable on any fuel, oil or lubricants intended for use exclusively in the service vehicles, aircraft or vessels of a visiting force. R.S., c. V-6, s. 26
Visiting Forces Act — V-2 27
Application of section 27 (1) The forces, other than the Canadian Forces, to which this section applies are the armed forces raised in a country declared by the Governor in Council as a country in respect of which this Part is applicable. Temporary attachments (2) The Governor in Council (a) may attach temporarily to the Canadian Forces a member of another force to which this section applies who is placed at his disposal for the purpose by the service authorities of the country to which the other force belongs; and (b) subject to anything to the contrary in the conditions applicable to his service, may place any member of the Canadian Forces at the disposal of the service authorities of another country for the purpose of being attached temporarily by those authorities to a force to which this section applies. Law applicable to member of force attached to Canadian Forces (3) While a member of another force is by virtue of this section attached temporarily to the Canadian Forces, the member is subject to the law relating to the Canadian Forces in like manner as if he were a member of the Canadian Forces, and shall be treated and have the like powers of command, punishment and, notwithstanding subsection 12(1), arrest over members of the Canadian Forces as if he were a member thereof of relative rank. Application of Canadian statutes (4) The Governor in Council may direct that, in relation to members of another force to which this section applies, the statutes relating to the Canadian Forces shall apply with such exceptions and subject to such adaptations and modifications as may be specified by the Governor in Council. Mutual power of command (5) When the Canadian Forces and another force to which this section applies are serving together, whether alone or not, (a) any member of the other force shall be treated and shall have over members of the Canadian Forces the like powers of command as if he were a member of the Canadian Forces of relative rank; and (b) if the forces are acting in combination, any officer of the other force appointed, by agreement between Her Majesty in right of Canada and the government of the country to which that force belongs, to command the combined force, or any part thereof, shall be treated and shall have over members of the Canadian Forces the like powers of command, punishment and arrest, and may be invested with the like authority as if he were an officer of the Canadian Forces of relative rank and holding the same command. Forces serving together or in combination (6) For the purposes of this section, forces shall be deemed to be serving together or acting in combination only if they are declared to be so serving or so acting by order of the Governor in Council, and the relative rank of members of the Canadian Forces and of other forces shall be such as may be prescribed by regulations made by the Governor in Council. R.S., 1985, c. V-2, s. 27; 2015, c. 3, s. 166(F)
Visiting Forces Act — V-2 28
Regulations 28 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act. R.S., c. V-6, s. 28
Wage Earner Protection Program Act — W-0.8 1
Short title 1 This Act may be cited as the Wage Earner Protection Program Act .
Wage Earner Protection Program Act — W-0.8 2
oyment with the former employer if they had been dealing with each other at arm’s length; and (b) for the purposes of subsection 21(4), individuals who are related to each other are, in the absence of evidence to the contrary, deemed not to deal with each other at arm’s length while so related. 2005, c. 47, s. 1 “2”; 2007, c. 36, s. 83; 2009, c. 2, s. 342; 2011, c. 24, s. 163; 2012, c. 19, s. 697(E); 2017, c. 20, s. 378, c. 26, s. 52; 2018, c. 27, s. 627
Wage Earner Protection Program Act — W-0.8
Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil )
Wage Earner Protection Program Act — W-0.8 (a)
eligible wages means (a) wages other than termination pay and severance pay that were earned during the longer of the following periods: (i) the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer, (ii) the period beginning on the day that is six months before one of the following days and ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer: (A) the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed, (B) the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced, and (iii) the period beginning on the day that is six months before one of the following days and ending on the day on which a court makes a determination under subsection 5(5): (A) the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed, (B) the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced; and (b) termination pay and severance pay that relate to employment that ended (i) during the period referred to in paragraph (a), or (ii) during the period beginning on the day after the day on which the period referred to in paragraph (a) ends and ending on the day on which the trustee is discharged or the receiver completes their duties, as the case may be. ( salaire admissible )
Wage Earner Protection Program Act — W-0.8
wages includes salaries, commissions, compensation for services rendered, vacation pay, termination pay, severance pay and any other amounts prescribed by regulation. ( salaire )
Wage Earner Protection Program Act — W-0.8 3
Power of Governor in Council 3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
Wage Earner Protection Program Act — W-0.8 4
Establishment 4 The Wage Earner Protection Program is established to provide for payments to individuals in respect of wages owed to them by employers who are insolvent. 2005, c. 47, s. 1 “4” 2018, c. 27, s. 628
Wage Earner Protection Program Act — W-0.8 5
Conditions of eligibility 5 (1) An individual is eligible to receive a payment if (a) the individual’s employment ended for a reason prescribed by regulation; (b) one of the following applies: (i) the former employer is bankrupt, (ii) the former employer is subject to a receivership, (iii) the former employer is the subject of a foreign proceeding that is recognized by a court under subsection 270(1) of the Bankruptcy and Insolvency Act and (A) the court determines under subsection (2) that the foreign proceeding meets the criteria prescribed by regulation, and (B) a trustee is appointed, or (iv) the former employer is the subject of proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act and a court determines under subsection (5) that the criteria prescribed by regulation are met; and (c) the individual is owed eligible wages by the former employer. (d) [Repealed, 2009, c. 2, s. 343] Prescribed criteria — foreign proceeding (2) On application by any person, a court may, in a proceeding under Part XIII of the Bankruptcy and Insolvency Act , determine that the foreign proceeding meets the criteria prescribed by regulation. If the court determines that the foreign proceeding meets the prescribed criteria, the court may appoint a trustee for the purposes of this Act. Employment in Canada (3) An individual who is eligible to receive a payment because of subparagraph (1)(b)(iii) is only eligible to receive a payment in respect of eligible wages earned for employment in Canada and termination pay and severance pay that relate to that employment. Deemed bankruptcy (4) For the purposes of this Act, if all of the conditions set out in subparagraph (1)(b)(iii) are met, the former employer is deemed to be bankrupt and the date of the bankruptcy is deemed to be the day on which all of those conditions are met. Prescribed criteria — other proceedings (5) On application by any person, a court may, in proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act , determine that the former employer meets the criteria prescribed by regulation. 2005, c. 47, s. 1 “5”; 2007, c. 36, s. 84; 2009, c. 2, s. 343 2018, c. 27, s. 629
Wage Earner Protection Program Act — W-0.8 6
Exceptions 6 An individual is not eligible to receive a payment in respect of any wages earned during, or that otherwise relate to, a period in which the individual (a) was an officer or director of the former employer; (b) had a controlling interest within the meaning of the regulations in the business of the former employer; (c) occupied a managerial position within the meaning of the regulations with the former employer; or (d) was not dealing at arm’s length with (i) an officer or director of the former employer, (ii) a person who had a controlling interest within the meaning of the regulations in the business of the former employer, or (iii) an individual who occupied a managerial position within the meaning of the regulations with the former employer. 2005, c. 47, s. 1 “6”; 2007, c. 36, s. 85; 2009, c. 2, s. 344; 2018, c. 27, s. 630(F)
Wage Earner Protection Program Act — W-0.8 7
Amount of payment 7 (1) The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of an amount equal to seven times the maximum weekly insurable earnings under the Employment Insurance Act . Reduction (1.1) Except in the circumstances prescribed by regulation, the amount that may be paid under this Act to an individual is to be reduced by any amounts provided for by regulation. Greatest amount (2) If more than one situation that is described in paragraph 5(1)(b) applies to the former employer, the amount that may be paid is the greatest of the amounts determined in respect of each of those situations. 2005, c. 47, s. 1 “7”; 2007, c. 36, s. 86; 2009, c. 2, s. 345; 2017, c. 26, s. 53; 2018, c. 27, s. 631
Wage Earner Protection Program Act — W-0.8 8
Application 8 To receive a payment, an individual is to apply to the Minister in the manner and during the period provided for in the regulations. 2005, c. 47, s. 1 “8”; 2007, c. 36, s. 87; 2018, c. 27, s. 632(F)
Wage Earner Protection Program Act — W-0.8 9
Minister’s determination of eligibility 9 If the Minister determines that the applicant is eligible to receive a payment, the Minister shall make the payment. 2005, c. 47, s. 1 “9”; 2007, c. 36, s. 87
Wage Earner Protection Program Act — W-0.8 10
Notification 10 (1) The Minister is to inform the applicant of their eligibility or ineligibility to receive a payment. Notification to trustee or receiver (2) The Minister is to inform the trustee or receiver of the applicant’s eligibility or ineligibility to receive a payment. 2005, c. 47, s. 1 “10”; 2007, c. 36, s. 87; 2018, c. 27, s. 633
Wage Earner Protection Program Act — W-0.8 11
Request for review 11 An applicant who is informed under section 10 may request a review of their eligibility or ineligibility, as the case may be. 2005, c. 47, s. 1 “11”; 2007, c. 36, s. 87
Wage Earner Protection Program Act — W-0.8 12
Review 12 The Minister may confirm, vary or rescind a determination of eligibility made under section 9. If the Minister varies the determination, the Minister shall make any payment resulting from the variation. 2005, c. 47, s. 1 “12”; 2007, c. 36, s. 87
Wage Earner Protection Program Act — W-0.8 12.1
Notification 12.1 The Minister is to inform the applicant and the trustee or receiver of a decision made under section 12. 2018, c. 27, s. 634
Wage Earner Protection Program Act — W-0.8 13
Review is final 13 Subject to the right of appeal under section 14, the Minister’s confirmation, variation or rescission, as the case may be, is final and may not be questioned or reviewed in any court. 2005, c. 47, s. 1 “13”; 2007, c. 36, s. 87
Wage Earner Protection Program Act — W-0.8 13.1
Board 13.1 For the purposes of sections 14 to 20, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members. 2017, c. 20, s. 379
Wage Earner Protection Program Act — W-0.8 14
Appeal on question of law or jurisdiction 14 (1) The applicant may appeal the decision made by the Minister under section 12 to the Board only on a question of law or jurisdiction. Regulations (2) The Board may make regulations respecting the period during which and the manner in which an appeal may be made. 2005, c. 47, s. 1 “14”; 2007, c. 36, s. 87 2017, c. 20, s. 379
Wage Earner Protection Program Act — W-0.8 14.1
Assignment or appointment 14.1 (1) The Chairperson of the Board may assign a member of the Board or appoint an external adjudicator to determine an appeal that comes before the Board. Powers, duties and functions (2) A member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board by any of sections 14 to 18 with respect to any matter that has been assigned to them or for which they have been appointed, as the case may be, other than the power referred to in subsection 14(2). Decision of member or external adjudicator (3) A decision made by a member of the Board or an external adjudicator under any of sections 14 to 18 is deemed to be a decision made by the Board. Limitation of liability (4) A member of the Board and an external adjudicator are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under any of sections 14 to 18. Remuneration and expenses — external adjudicator (5) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson of the Board and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence. 2017, c. 20, s. 379 2018, c. 27, s. 652
Wage Earner Protection Program Act — W-0.8 15
Minister informed of appeal 15 (1) The Board shall inform the Minister in writing when an appeal is brought and provide him or her with a copy of the request for appeal. Documents provided to Board (2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed. Documents provided to Minister (3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal. Power of Minister (4) The Minister may, in an appeal, make representations to the Board in writing. 2005, c. 47, s. 1 “15” 2017, c. 20, s. 379
Wage Earner Protection Program Act — W-0.8 16
Appeal on the record 16 The appeal is to be an appeal on the record and no new evidence is admissible. 2005, c. 47, s. 1 “16”; 2007, c. 36, s. 88
Wage Earner Protection Program Act — W-0.8 17
Board’s decision 17 The Board may confirm, vary or rescind the decision made by the Minister under section 12. If the Board varies the decision, the Minister shall make any payment resulting from the variation. 2005, c. 47, s. 1 “17”; 2007, c. 36, s. 88 2017, c. 20, s. 380
Wage Earner Protection Program Act — W-0.8 18
Copies of decision 18 The Board shall send a copy of its decision, and the reasons for it, to each party to the appeal, to the Minister and to the trustee or receiver. 2005, c. 47, s. 1 “18”; 2017, c. 20, s. 380; 2018, c. 27, s. 635 2018, c. 27, s. 652
Wage Earner Protection Program Act — W-0.8 19
No review by certiorari , etc. 19 No order may be made to review, prohibit or restrain and no process entered or proceeding taken to question, review, prohibit or restrain in any court — whether by way of injunction, certiorari , prohibition, quo warranto or otherwise — an action of the Board under any of sections 14 to 18. 2005, c. 47, s. 1 “19”; 2007, c. 36, s. 89; 2017, c. 20, s. 380; 2018, c. 27, s. 636 2018, c. 27, s. 652
Wage Earner Protection Program Act — W-0.8 20
Decision is final 20 The Board’s decision is final and shall not be questioned or reviewed in any court. 2005, c. 47, s. 1 “20”; 2007, c. 36, s. 89 2017, c. 20, s. 380
Wage Earner Protection Program Act — W-0.8 21
General duties 21 (1) For the purposes of this Act, a trustee or a receiver, as the case may be, shall (a) identify each individual who is owed eligible wages; (b) determine the amount of eligible wages owing to each individual; (c) inform each individual other than one who is in a class prescribed by regulation of the existence of the program established by section 4 and of the conditions under which payments may be made under this Act; (d) provide the Minister and each individual other than one who is in a class prescribed by regulation with the amount of eligible wages owing to the individual and any other information prescribed by regulation; (e) inform the Minister of when the trustee is discharged or the receiver completes their duties, as the case may be. Compliance with directions (2) A trustee or receiver shall comply with any directions of the Minister relating to the administration of this Act. Duty to assist (3) A person, other than one described in subsection (4), who has or has access to information described in paragraph (1)(d) shall, on request, provide it to the trustee or the receiver, as the case may be. Duty to assist — payroll contractors (4) A person who is dealing at arm’s length with and providing payroll services to a bankrupt or insolvent person and who has or has access to information described in paragraph (1)(d) shall, (a) if requested by the trustee or receiver, provide the trustee or receiver with a description of the information described in paragraph (1)(d) that they have or have access to and an estimate of the cost of providing the information; and (b) if requested by the trustee or receiver, provide the trustee or receiver with the information described in paragraph (1)(d) that they have or have access to. 2005, c. 47, s. 1 “21”; 2007, c. 36, s. 89; 2009, c. 2, s. 346; 2018, c. 27, s. 637
Wage Earner Protection Program Act — W-0.8 22
Fees and expenses 22 Subject to section 22.1, the trustee’s or receiver’s fees and expenses, in relation to the performance of their duties under this Act, are to be paid out of the estate of the bankrupt employer or the property of the insolvent employer or by the insolvent employer. 2005, c. 47, s. 1 “22”; 2007, c. 36, s. 89; 2018, c. 27, s. 638 2018, c. 27, s. 639