GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nisga’a Final Agreement Act — N-23.3 7
Aboriginal rights 7 (1) Notwithstanding the common law, as a result of the Nisga’a Final Agreement and the settlement legislation, the aboriginal rights, including the aboriginal title, of the Nisga’a Nation, as they existed anywhere in Canada before the effective date of that Agreement, including their attributes and geographic extent, are modified, and continue as modified, as set out in that Agreement. Aboriginal title (2) For greater certainty, the aboriginal title of the Nisga’a Nation anywhere that it existed in Canada before the effective date of the Nisga’a Final Agreement is modified and continues as the estates in fee simple to those areas identified in that Agreement as Nisga’a Lands or Nisga’a Fee Simple Lands. Interpretation (3) The express derogation from the common law contained in subsection (1), which is also contained in paragraph 24 of the General Provisions Chapter of the Nisga’a Final Agreement, shall not be construed so as to limit the effect on the common law of any other provision of this or any other Act that does not contain an express derogation from the common law.
Nisga’a Final Agreement Act — N-23.3 8
Fee simple estate 8 On the effective date of the Nisga’a Final Agreement, the Nisga’a Nation owns the estate in fee simple, as set out in the Lands Chapter of that Agreement, in (a) the Nisga’a Lands identified in paragraphs 1 and 2 of the Lands Chapter of that Agreement; and (b) Category A Lands and Category B Lands.
Nisga’a Final Agreement Act — N-23.3 9
Appropriation 9 There shall be paid out of the Consolidated Revenue Fund the sums that are required to meet the obligations of Canada under the Capital Transfer and Negotiation Loan Repayment Chapter and the Fisheries Chapter of the Nisga’a Final Agreement.
Nisga’a Final Agreement Act — N-23.3 10
Regulations 10 The Governor in Council may make any regulations or orders that the Governor in Council considers necessary or advisable for the purpose of carrying out any of the provisions of the Nisga’a Final Agreement or of the Taxation Agreement.
Nisga’a Final Agreement Act — N-23.3 11
Judicial notice of Agreements 11 (1) Judicial notice shall be taken of the Nisga’a Final Agreement and the Taxation Agreement. Publication of Agreements (2) The Nisga’a Final Agreement and the Taxation Agreement shall be published by the Queen’s Printer. Evidence (3) A copy of the Nisga’a Final Agreement or the Taxation Agreement published by the Queen’s Printer is evidence of that Agreement, and a copy purporting to be published by the Queen’s Printer shall be deemed to be so published, unless the contrary is shown.
Nisga’a Final Agreement Act — N-23.3 12
Judicial notice of Nisga’a laws 12 (1) Judicial notice shall be taken of Nisga’a laws. Evidence of Nisga’a law (2) A copy of a Nisga’a law purporting to be deposited in the public registry of Nisga’a laws referred to in the Nisga’a Government Chapter of the Nisga’a Final Agreement is evidence of that law and of its contents, unless the contrary is shown.
Nisga’a Final Agreement Act — N-23.3 13
Harvest Agreement 13 (1) The Minister of Fisheries and Oceans has the authority, on behalf of Her Majesty in right of Canada, to enter into the Harvest Agreement described in the Fisheries Chapter of the Nisga’a Final Agreement. Not a treaty (2) The Harvest Agreement does not form part of the Nisga’a Final Agreement, and it is not a treaty or a land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982 .
Nisga’a Final Agreement Act — N-23.3 14
Taxation Agreement 14 (1) The Taxation Agreement is approved, given effect and declared valid and, during the period that the Taxation Agreement is, by its terms, in force, it has the force of law. (2) [Repealed, 2022, c. 10, s. 177] Saving (3) Nothing in the Taxation Agreement or in this Act limits any entitlement of the Nisga’a Nation, a Nisga’a Village or a Nisga’a government corporation to any benefit available to it under a federal law of general application. Transfers of capital (4) A transfer of Nisga’a capital, other than cash, between or among two or more of the Nisga’a Nation, Nisga’a Villages and Nisga’a government corporations, is not taxable under a federal law during the period that the Taxation Agreement, by its terms, is in force. (5) [Repealed, 2022, c. 10, s. 177] Not a treaty (6) The Taxation Agreement does not form part of the Nisga’a Final Agreement, and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982 . 2000, c. 7, s. 14 2022, c. 10, s. 177
Nisga’a Final Agreement Act — N-23.3 15
Application of laws 15 To the extent that a law of British Columbia does not apply of its own force to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions, Nisga’a Corporations or Nisga’a citizens, that law applies, subject to this Act and any other Act of Parliament, in accordance with the Nisga’a Final Agreement to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions, Nisga’a Corporations or Nisga’a citizens, as the case may be.
Nisga’a Final Agreement Act — N-23.3 16
Indian Act 16 Subject to the Indian Act Transition Chapter and paragraphs 5 and 6 of the Taxation Chapter of the Nisga’a Final Agreement, the Indian Act does not apply to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions or Nisga’a citizens as of the effective date of that Agreement, except for the purpose of determining whether an individual is an “Indian”.
Nisga’a Final Agreement Act — N-23.3 17
Section 126 of Criminal Code 17 For greater certainty, section 126 of the Criminal Code does not apply in respect of anything required to be done or forbidden to be done by or under the Nisga’a Final Agreement.
Nisga’a Final Agreement Act — N-23.3 18
Statutory Instruments Act 18 For greater certainty, neither Nisga’a laws nor any instruments made under the Nisga’a Final Agreement are statutory instruments within the meaning of the Statutory Instruments Act .
Nisga’a Final Agreement Act — N-23.3 19
Federal Courts Act 19 For greater certainty, no Nisga’a Institution or Nisga’a Court, and no body or person appointed by Nisga’a Government having, exercising or purporting to exercise jurisdiction or powers conferred by or under a Nisga’a law, is a federal board, commission or other tribunal within the meaning of the Federal Courts Act . 2000, c. 7, s. 19; 2002, c. 8, s. 182
Nisga’a Final Agreement Act — N-23.3 20
Notice of issues arising 20 (1) If, in any judicial or administrative proceeding, an issue arises in respect of (a) the interpretation or validity of the Nisga’a Final Agreement, or (b) the validity or applicability of any settlement legislation or any Nisga’a law, the issue shall not be decided until the party raising the issue has properly served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government. Content of notice (2) The notice required under subsection (1) must (a) describe the judicial or administrative proceeding in which the issue arises; (b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both; (c) state the day on which the issue is to be argued; (d) give particulars necessary to show the point to be argued; and (e) be served at least fourteen days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government may appear and participate in the proceeding as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held where one is not otherwise required.
Nisga’a Final Agreement Act — N-23.3 Order of Governor in Council
Order of Governor in Council * 27 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force May 11, 2000, see SI/2000-38.]
Non-smokers’ Health Act — N-23.6 1
Short title 1 This Act may be cited as the Non-smokers’ Health Act .
Non-smokers’ Health Act — N-23.6
cannabis has the same meaning as in subsection 2(1) of the Cannabis Act ; ( cannabis )
Non-smokers’ Health Act — N-23.6
designated smoking area means an area, other than an enclosed room, that is designated for smoking under subsection 3(2); ( zone fumeurs )
Non-smokers’ Health Act — N-23.6
designated smoking room means an enclosed room that is designated for smoking under subsection 3(2); ( fumoir )
Non-smokers’ Health Act — N-23.6
employee means a person who is employed by an employer; ( employé )
Non-smokers’ Health Act — N-23.6 (a)
employer means a person who employs one or more persons in employment described in subsection 123(1) of the Canada Labour Code , or (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act , (b) a separate agency named in Schedule V to the Financial Administration Act , in relation to employees of that separate agency, (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, in relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, or (d) a member of the Senate or House of Commons, in relation to employees on the staff of the member, including persons employed in the office of a Minister, or in relation to employees on the staff of a political party housed in accommodation provided by the Senate or House of Commons who are under the direction and control of the member; ( employeur )
Non-smokers’ Health Act — N-23.6
inspector means a person who is designated as an inspector under section 9; ( inspecteur )
Non-smokers’ Health Act — N-23.6
smoke means to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis or to vape using a vaping product; ( fumer )
Non-smokers’ Health Act — N-23.6
tobacco product means any product manufactured from tobacco and intended for use by smoking; ( produit à base de tabac )
Non-smokers’ Health Act — N-23.6 (a)
vaping product means (a) a device that is intended to be used to simulate the act of smoking a tobacco product or cannabis and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and (b) a device that is designated to be a vaping product by the regulations; ( produit de vapotage )
Non-smokers’ Health Act — N-23.6
work space means any indoor or other enclosed space in which employees perform the duties of their employment, and includes any adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment. ( lieu de travail )
Non-smokers’ Health Act — N-23.6 3
Duty of employers 3 (1) Every employer, and any person acting on behalf of an employer, shall ensure that persons refrain from smoking in any work space under the control of the employer. Designation of smoking rooms and areas (2) An employer may, to the extent permitted by the regulations, designate for smoking (a) enclosed rooms under the control of the employer other than rooms normally occupied by non-smokers; and (b) areas under the control of the employer on an aircraft, train, motor vehicle or ship or in an airport passenger terminal, railway passenger station, interurban bus station or marine passenger terminal other than areas normally occupied by non-smokers. Exception (3) Notwithstanding subsection (1), an employer may require employees, by reason of the nature of their duties, to perform those duties in a room or area designated for smoking under subsection (2). Independent ventilation (4) Where an employer has designated a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced before January 1, 1990, the employer shall, to the extent reasonably practicable, ensure that the room conforms to any requirements of the regulations respecting independent ventilation of designated smoking rooms. Idem (5) No employer shall designate a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced after December 31, 1989 if the room fails to conform to any requirements of the regulations respecting independent ventilation of designated smoking rooms. Consultation (6) No employer shall designate a room or area for smoking under subsection (2) in a work place, other than on an aircraft, train, motor vehicle or ship that is carrying passengers, until after the employer has consulted with the work place committee or health and safety representative in respect of that work place or, if there is no such committee or representative, with the employees employed there. Expressions used in Canada Labour Code (7) In subsection (6), the expressions “work place committee”, “health and safety representative” and “work place” have the same meaning as in Part II of the Canada Labour Code . R.S., 1985, c. 15 (4th Supp.), s. 3; 1989, c. 7, s. 1; 2000, c. 20, s. 29
Non-smokers’ Health Act — N-23.6 4
Smoking prohibited 4 (1) No person shall smoke in any work space under the control of an employer except in a designated smoking room or designated smoking area. Notice (2) An employer shall, to the extent and in the manner required by the regulations, inform employees and members of the public of the prohibition imposed by subsection (1) and of the location of designated smoking rooms and designated smoking areas under the control of the employer. R.S., 1985, c. 15 (4th Supp.), s. 4; 1989, c. 7, s. 1
Non-smokers’ Health Act — N-23.6 5
Smoking areas on aircraft 5 (1) An employer may not designate an area for smoking under subsection 3(2) on an aircraft carrying passengers for hire or reward except (a) on segments of a flight that are longer than two hours or such greater period as the regulations prescribe; (b) on segments of a flight that includes a segment extending between Canada and a country other than the United States; or (c) on a flight operated in accordance with a charter contract under which the cost of transportation of all passengers is paid by one person, company or organization and no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation. Smoking areas on trains (2) An employer may not, in respect of a train carrying passengers, designate for smoking under subsection 3(2) (a) areas comprising more than two thirds of the seating accommodation of any class; (b) areas on more than two thirds of the cars providing a class of seating accommodation; or (c) areas comprising more than two thirds of the sleeping car accommodation other than enclosed accommodation. Request to stop smoking (3) An employee who becomes aware that a passenger is smoking in contravention of section 4 on an aircraft, train, motor vehicle or ship operated by the employer of the employee shall request the passenger to refrain from smoking. Removal of passenger (4) Where a passenger fails to comply with a request made under subsection (3), the employer shall require the passenger to disembark at the next scheduled stop following the passenger’s failure to comply. R.S., 1985, c. 15 (4th Supp.), s. 5; 1989, c. 7, s. 1
Non-smokers’ Health Act — N-23.6 6
Saving 6 Nothing in section 4 or 5 affects the operation of any other Act of Parliament, any regulations made under any Act of Parliament, or any rule of law in relation to the protection of persons from exposure to tobacco or cannabis smoke or any emission from a vaping product. R.S., 1985, c. 15 (4th Supp.), s. 6; 1989, c. 7, s. 1; 2018, c. 9, s. 83, c. 16, ss. 163, 189
Non-smokers’ Health Act — N-23.6 7
Regulations 7 (1) The Governor in Council may make regulations (a) respecting the size, number, proportionate floor space, location, use, number of occupants and other characteristics of rooms and areas that may be designated for smoking under subsection 3(2); (a.1) designating any device to be a vaping product for the purpose of the definition vaping product ; (b) respecting the ventilation of designated smoking rooms; (b.1) designating outdoor spaces or classes of outdoor spaces for the purpose of the definition work space ; (c) permitting the designation of the whole or any part of aircraft, trains, motor vehicles or ships as areas or rooms for smoking, either generally or on specified routes or in specified classes of service and, subject to subsection 5(2), prescribing the maximum proportion of accommodation of any class thereon that may be designated for smoking; (d) respecting the maximum proportion of aircraft flights, train schedules, motor vehicle trips or ship voyages operated for hire or reward in passenger service in respect of which designated smoking areas or rooms may be provided during any specified travel period, either generally or on specified routes or in specified classes of service; (e) prescribing, either generally or in respect of specified routes or specified classes of service, (i) a period greater than two hours for the purposes of paragraph 5(1)(a), or (ii) the minimum duration of an aircraft flight referred to in paragraph 5(1)(b) or (c), or of a flight not carrying passengers, in respect of which areas may be designated for smoking; (f) requiring employers to inform employees and members of the public of the prohibition imposed by section 4 and of the location of designated smoking areas and designated smoking rooms, and respecting the manner of so informing them; and (g) prescribing the form of tickets and informations for the purposes of section 14 and fixing the fine payable in proceedings under that section in respect of a first or a subsequent contravention of any provision of this Act, not exceeding the amount fixed by section 11 for such a contravention. Application of regulations (2) Regulations made pursuant to this section may be made applicable to all employers or to a class of employer and in respect of all work spaces or a class of work space. R.S., 1985, c. 15 (4th Supp.), s. 7; 1989, c. 7, s. 1; 2018, c. 9, s. 84, c. 16, s. 163.1
Non-smokers’ Health Act — N-23.6 8
Proceedings against Crown 8 Notwithstanding any other Act of Parliament, proceedings in respect of an offence under this Act may be brought against an employer that is an agent of Her Majesty in the employer’s own name, or against a person acting on behalf of such an employer, in the same manner as if that employer were a person not an agent of Her Majesty, and a fine imposed against the employer in such proceedings may be paid out of any funds held by the employer. R.S., 1985, c. 15 (4th Supp.), s. 8; 1989, c. 7, s. 1
Non-smokers’ Health Act — N-23.6 8.1
Provincial Crown corporations 8.1 The Governor in Council may by regulation direct that this Act applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act . 1996, c. 12, s. 5; 1997, c. 9, s. 125
Non-smokers’ Health Act — N-23.6 8.2
Exclusion from application 8.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any or all of the provisions of this Act any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act . Regulations (2) On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1). Incorporation of provincial law (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time. Application of regulation (4) A regulation made under subsection (2) may apply (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1). Administration and enforcement (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister of Labour with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument. Offence and penalty (6) Every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision. Procedure (7) The prosecution of an offence in respect of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed. 1996, c. 12, s. 5; 1997, c. 9, s. 125; 2018, c. 9, s. 85
Non-smokers’ Health Act — N-23.6 9
Designation of inspectors 9 (1) The Minister of Labour may designate any person to be an inspector for the purposes of sections 10 and 14. Provincial inspectors (2) The Minister of Labour may, with the approval of the Governor in Council, enter into an agreement with the government of a province or an agency thereof stipulating terms and conditions under which a person employed by that government or agency may act as an inspector for the purposes of this Act, and a person so employed and so referred to in the agreement shall be deemed to be designated an inspector under this section at the time fixed by or under the agreement. Certificates (3) The Minister of Labour shall provide an inspector with a certificate of the inspector’s authority and, on entering any work space referred to in section 10, the inspector shall, on demand by the person in charge of that place, produce the certificate for examination by that person. R.S., 1985, c. 15 (4th Supp.), s. 9; 1989, c. 7, s. 1
Non-smokers’ Health Act — N-23.6 10
Inspection of premises 10 (1) For the purpose of verifying compliance with this Act, an inspector may at any reasonable time enter and inspect any work space under the control of an employer. Assistance to inspectors (2) The person in charge of a work space entered by an inspector pursuant to subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and shall furnish the inspector with any information that the inspector has reasonable grounds to believe is required to carry out the inspection. Obstruction (3) No person shall wilfully obstruct an inspector in the performance of the inspector’s duties under this section. 1989, c. 7, s. 1