GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Old Age Security Act — O-9 44
Offences 44 (1) Every person who (a) knowingly makes a false or misleading statement in any application or statement required or permitted by this Act or makes any such application or statement that by reason of any non-disclosure of facts is false or misleading or obtains any benefit payment by false pretences, or (b) being the payee thereof, negotiates or attempts to negotiate any cheque to which that person is not entitled, (c) [Repealed, 1998, c. 21, s. 118] is guilty of an offence punishable on summary conviction. Form of information or complaint (2) No information or complaint for an offence under this Act is open to objection on the ground that the information or complaint is for more than one matter of complaint or that it relates to more than one offence. Limitation period (3) Any proceedings under this Act in respect of an offence may be commenced at any time within, but not later than, five years after the Minister becomes aware of the subject-matter of the proceedings. Saving (4) No proceeding shall be commenced under this section or the Criminal Code for an act or omission if a penalty for that act or omission has been imposed under section 44.1. R.S., 1985, c. O-9, s. 44; 1997, c. 40, s. 106; 1998, c. 21, s. 118
Old Age Security Act — O-9 44.1
Penalties 44.1 (1) The Minister may impose on a person a penalty for each of the following acts or omissions if the Minister becomes aware of facts that in the Minister’s opinion establish that the person has (a) made a statement or declaration in an application or otherwise that the person knew was false or misleading; (a.1) knowingly failed to correct any inaccuracies in the information provided by the Minister as required by subsection 5(6), 11(3.3), 15(2.4), 19(4.05) or 21(4.3); (b) made a statement or declaration in an application or otherwise that the person knew was false or misleading because of the non-disclosure of facts; (c) knowingly failed to declare to the Minister all or some of the person’s income; (d) received or obtained by cheque or otherwise a benefit payment to which the person knew that they were not entitled, or a benefit payment that the person knew was in excess of the amount of the benefit payment to which they were entitled, and did not return the cheque or the amount of the benefit payment, or the excess amount, as the case may be, without delay; or (e) participated in, assented to or acquiesced in an act or omission mentioned in any of paragraphs (a) to (d). Purpose of penalty (1.1) The purpose of the penalty is to promote compliance with this Act and not to punish. Maximum penalty (2) The Minister may set the amount of the penalty for each act or omission at not more than $10,000. Limitation on imposition of penalties (3) A penalty shall not be imposed on a person under subsection (1) if (a) a prosecution for the act or omission has been initiated against the person; or (b) five years have passed since the day on which the Minister became aware of the act or omission. Rescission, etc., of penalty (4) The Minister may rescind the imposition of a penalty under subsection (1), or reduce the penalty, (a) on the presentation of new facts; (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact; (c) on being satisfied that the penalty cannot be collected within the reasonably foreseeable future; or (d) on being satisfied that payment of the penalty would cause undue hardship to the debtor. 1997, c. 40, s. 107; 2007, c. 11, s. 33; 2012, c. 19, s. 466
Old Age Security Act — O-9 44.2
this section referred to as a “third party”, a requirement under subsection (6) to provide information or a document relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (8). Judicial authorization (8) On ex parte application by the Minister, a judge may, subject to the conditions that the judge considers appropriate, authorize the Minister to impose on a third party a requirement under subsection (6) relating to one or more unnamed persons, in this section referred to as the “group”, where the judge is satisfied by information on oath that (a) the person or group is ascertainable; and (b) the requirement is made to verify compliance by the person or persons in the group with a duty or obligation under this Act. Service of authorization (9) If an authorization is granted under subsection (8), the authorization shall be served together with the notice referred to in subsection (6). Review of authorization (10) If an authorization is granted under subsection (8), a third party on whom a notice is served under subsection (6) may, not later than 15 days after the service of the notice, apply to the judge who granted the authorization or, if that judge is unable to act, to another judge of the same court, for a review of the authorization. Powers on review (11) On hearing an application under subsection (10), a judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (8)(a) to (d) have been met, and the judge may confirm or vary the authorization if the judge is satisfied that those conditions have been met. Copies as evidence (12) When a document is inspected, examined or provided in accordance with this section, the person by whom it is inspected or examined or to whom it is provided may make, or cause to be made, one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way. Compliance (13) No person shall interfere with any person doing anything that the person is authorized under this section to do or prevent or attempt to prevent any person from doing any such thing. 1997, c. 40, s. 107
Old Age Security Act — O-9
document includes moneys, securities, books, records, letters, accounts, statements (financial or otherwise), correspondence, memoranda, film, microform, videotape, photographs, machine-readable records and other documentary material, regardless of form or characteristics, and any copy or printout of any of them. ( document )
Old Age Security Act — O-9 (a)
dwelling-house means the whole or a part of a building or structure that is kept or occupied as a permanent or temporary residence and includes (a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. ( maison d’habitation )
Old Age Security Act — O-9
judge means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court. ( juge )
Old Age Security Act — O-9 45
Payment out of C.R.F. 45 All benefits payable under this Act shall be paid out of the Consolidated Revenue Fund. R.S., c. O-6, s. 25; 1970-71-72, c. 63, s. 3; 1974-75-76, c. 58, s. 9
Old Age Security Act — O-9 46
Administration 46 This Act shall be administered by the Minister of Employment and Social Development. R.S., 1985, c. O-9, s. 46; 1996, c. 11, s. 95; 2005, c. 35, s. 67; 2012, c. 19, s. 694; 2013, c. 40, s. 238
Old Age Security Act — O-9 47
Annual report 47 The Minister shall submit to Parliament annually, as soon as possible after the termination of each fiscal year, if Parliament is then in session or, if not, as soon as possible after the commencement of the next session of Parliament, a report covering the administration of this Act and including an account of receipts and disbursements during the previous fiscal year. R.S., c. O-6, s. 26
Old Age Security Act — O-9 37
Continued application 37 Subparagraphs 11(7)(e)(ii), 19(6)(d)(ii) and 21(9)(c)(ii) of the Old Age Security Act , as they read immediately before the day on which this Act receives royal assent, continue to apply to any person who, before that day, is a beneficiary of a supplement or an allowance under that Act or has made an application for payment of a supplement or an allowance under that Act.
Old Age Security Act — O-9 38
Continued application 38 Section 29 of the Old Age Security Act , as it read immediately before the day on which this Act receives royal assent, continues to apply in respect of any application made under that section before that day.
Old Age Security Act — O-9 1828
Coming into force of Agreement 1828 Despite sections 41 and 42 of the Old Age Security Act , the Agreement on Social Security between Canada and the Republic of Poland, signed on April 2, 2008, is deemed to have come into force in Canada on October 1, 2009.
Old Age Security Act — O-9 1829
Actions taken 1829 All actions taken in accordance with the conditions of the Agreement referred to in section 1828 during the period beginning on October 1, 2009 and ending on the day on which section 1828 comes into force, including the exchange of information — with respect to a person — that is obtained under the Old Age Security Act or prepared under that Act from that information between the competent authorities or competent institutions of Canada and the Republic of Poland and the payment of any benefits purporting to have been made under that Act, are deemed to be lawful.
Old Age Security Act — O-9 1830
Interpretation 1830 For the purposes of section 1829 , competent authority and competent institution have the same meanings as in the Agreement referred to in section 1828 .
Old Age Security Act — O-9 262
Continued application 262 The provisions of the Canada Pension Plan and the Old Age Security Act repealed by this Act, and their related regulations, continue to apply to appeals of which a Review Tribunal or the Pension Appeals Board remains seized under this Act, with any necessary adaptations.
Old Age Security Act — O-9 275
Payment out of C.R.F. 275 Any amount payable by the Minister of Employment and Social Development to pensioners , as defined in section 2 of the Old Age Security Act , who are or will be 75 years of age or older on June 30, 2022, in relation to a program to provide a one-time payment of $500 to those pensioners, may be paid out of the Consolidated Revenue Fund.
Old Age Security Act — O-9 459
1995, c. 33, s. 10; 1998, c. 21, par. 119(1)(d); 2000, c. 12, par. 207(1)(f) and 209(e)(E) 459 (1) Subsection 19(4) of the Act is replaced by the following: Presumption (3.1) If the Minister intends to waive the requirement for an application in respect of a person under subsection (4.02) and the information available to the Minister under this Act with respect to that person includes the prescribed information, the person is presumed, in the absence of evidence to the contrary, to have met the requirements of (a) paragraph (1)(c); or (b) paragraph (2)(a) or (b). Annual application (4) Subject to subsections (4.02) and (4.1), no allowance may be paid under this section to a pensioner’s spouse or common-law partner in any payment period unless a joint application of the pensioner and the spouse or common-law partner, or an application described in section 30, has been made for payment of an allowance in respect of that payment period and payment of the allowance has been approved under this Part. (2) Section 19 of the Act is amended by adding the following after subsection (4.01): Waiver of application (4.02) The Minister may, in respect of a person, waive the requirement referred to in subsection (4) for an application for an allowance for any month or months in a payment period if the Minister is satisfied, based on information available to him or her under this Act, that the person is qualified under this section for the payment of an allowance. Timing of waiver (4.03) The Minister may only waive the requirement referred to in subsection (4) in respect of a person (a) on the day on which the pensioner’s spouse or common-law partner attains 60 years of age; or (b) on the day on which the pensioner attains 65 years of age if, on that day, the spouse or common-law partner is at least 60 years of age. Notice of intent (4.04) If the Minister intends to waive the requirement for an application in respect of a person under subsection (4.02), the Minister shall notify the person in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of an allowance. Inaccuracies (4.05) The person shall, before the day referred to in paragraph (4.03)(a) or (b), file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (4.04). Declining waiver (4.06) The person may, before the day referred to in paragraph (4.03)(a) or (b), decline the waiver of the requirement for an application by notifying the Minister in writing of their decision to do so. Cancellation of waiver (4.07) Even if the requirement for an application has been waived in respect of a person under subsection (4.02), the Minister may, before the day referred to in paragraph (4.03)(a) or (b), require that the person make an application for payment of an allowance and, in that case, the Minister shall notify the person in writing of that requirement.
Old Age Security Act — O-9 460
1995, c. 33, s. 11(1); 1998, c. 21, par. 119(1)(f); 2000, c. 12, par. 208(1)(b) and 209(j)(E) 460 Subsection 21(4) of the Act is replaced by the following: Presumption (3.1) If the Minister intends to waive the requirement for an application in respect of a survivor under subsection (4.1) and the information available to the Minister under this Act with respect to the survivor includes the prescribed information, the survivor is presumed, in the absence of evidence to the contrary, to have met the requirements of (a) paragraph (1)(b); or (b) paragraph (2)(a) or (b). Annual application (4) Subject to subsections (4.1), (5) and (5.1), no allowance may be paid to a survivor under this section in any payment period unless the survivor has made an application for an allowance in respect of that payment period and payment of the allowance has been approved under this Part. Waiver of application (4.1) The Minister may, in respect of a survivor, waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if, on the day on which the survivor attains 60 years of age, the Minister is satisfied, based on information available to him or her under this Act, that the survivor is qualified under this section for the payment of an allowance. Notice of intent (4.2) If the Minister intends to waive the requirement for an application in respect of a survivor under subsection (4.1), the Minister shall notify the survivor in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of an allowance. Inaccuracies (4.3) The survivor shall, before the day on which they attain 60 years of age, file with the Minister a statement in which the survivor corrects any inaccuracies in the information provided by the Minister under subsection (4.2). Declining waiver (4.4) The survivor may, before the day on which they attain 60 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so. Cancellation of waiver (4.5) Even if the requirement for an application is intended to be waived in respect of a survivor under subsection (4.1), the Minister may, before the day on which the survivor attains 60 years of age, require that the survivor make an application for payment of an allowance and, in that case, the Minister shall notify the survivor in writing of that requirement.
Old Age Security Act — O-9 462
1995, c. 33, s. 14; 2000, c. 12, par. 209(p)(E) 462 Subsection 24(1) of the Act is replaced by the following: Consideration of application or waiver 24 (1) The Minister shall, without delay after receiving an application for an allowance under subsection 19(4) or 21(4) or after waiving the requirement for an application for an allowance under subsection 19(4.02) or (4.1) or 21(4.1) or (5.1), as the case may be, consider whether the applicant is entitled to be paid an allowance, and may approve payment of an allowance and fix the amount of benefits that may be paid, or may determine that no allowance may be paid.
Old Age Security Act — O-9 24
Consideration of application or waiver 24 (1) The Minister shall, without delay after receiving an application for an allowance under subsection 19(4) or 21(4) or after waiving the requirement for an application for an allowance under subsection 19(4.02) or (4.1) or 21(4.1) or (5.1), as the case may be, consider whether the applicant is entitled to be paid an allowance, and may approve payment of an allowance and fix the amount of benefits that may be paid, or may determine that no allowance may be paid.
Old Age Security Act — O-9 463
463 The Act is amended by adding the following after section 26: Cessation of Payment Request that allowance cease to be payable 26.01 If a person makes a request to the Minister in writing that their allowance cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the request and shall not resume until the later of the month after the month in which the Minister receives a new application for the allowance and the month chosen by the person in the application. Cancellation of Payment Request to cancel allowance 26.02 (1) A person may, in the prescribed manner and within the prescribed time after payment of an allowance has commenced, request cancellation of that allowance. Effect of cancellation (2) If the request is granted and the amount of the allowance is repaid within the prescribed time, (a) the application for that allowance is deemed never to have been made; and (b) the allowance is deemed for the purposes of this Act not to have been payable during the period in question.
Old Age Security Act — O-9 26.01
Request that allowance cease to be payable 26.01 If a person makes a request to the Minister in writing that their allowance cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the request and shall not resume until the later of the month after the month in which the Minister receives a new application for the allowance and the month chosen by the person in the application.
Old Age Security Act — O-9 26.02
Request to cancel allowance 26.02 (1) A person may, in the prescribed manner and within the prescribed time after payment of an allowance has commenced, request cancellation of that allowance. Effect of cancellation (2) If the request is granted and the amount of the allowance is repaid within the prescribed time, (a) the application for that allowance is deemed never to have been made; and (b) the allowance is deemed for the purposes of this Act not to have been payable during the period in question.
Pandemic Day Act — P-0.2 Preamble
Preamble Whereas, on March 11, 2020, the World Health Organization characterized the coronavirus disease (COVID-19) epidemic as a global pandemic;
Pandemic Day Act — P-0.2
Whereas March 11, 2021, was designated — by order in council on March 8, 2021, and by proclamation on March 31, 2021 — as a “National Day of Observance” to honour those who have died of COVID-19, to recognize those working on the front lines and to acknowledge COVID-19’s serious effects on the health of Canada’s population;
Pandemic Day Act — P-0.2
Whereas it is important to acknowledge the multidimensional effects of the pandemic on every person in Canada;
Pandemic Day Act — P-0.2
Whereas this pandemic has worsened the various forms of inequality in Canada and has had a disproportionate impact on the vulnerable people within society and members of historically disadvantaged groups;
Pandemic Day Act — P-0.2
And whereas it is fitting that March 11 of each year be officially designated as “Pandemic Observance Day” in order to give the Canadian public an opportunity to commemorate the efforts to get through the pandemic, to remember its effects and to reflect on ways to prepare for any future pandemics;
Pandemic Day Act — P-0.2
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Pandemic Day Act — P-0.2 1
Short title 1 This Act may be cited as the Pandemic Day Act .
Pandemic Day Act — P-0.2 2
Pandemic Observance Day 2 Throughout Canada, in each and every year, the 11th day of March is to be known as “Pandemic Observance Day”.
Parks Canada Agency Act — P-0.4 Preamble
Preamble Whereas the Government of Canada wishes to establish an Agency for the purpose of ensuring that Canada’s national parks, national historic sites and related heritage areas are protected and presented for this and future generations and in order to further the achievement of the national interest as it relates to those parks, sites and heritage areas and related programs;
Parks Canada Agency Act — P-0.4
Whereas the Government of Canada wishes to establish an Agency that, through the exercise of its responsibilities in relation to those parks, sites and heritage areas and related programs, will reflect Canada’s values and identity and contribute to enhancing pride in Canada;
Parks Canada Agency Act — P-0.4
Whereas the Government of Canada wishes to establish an Agency to provide quality services to visitors and the Canadian public through alternative human resource and administrative regimes and financial authorities;
Parks Canada Agency Act — P-0.4
And Whereas it is in the national interest
Parks Canada Agency Act — P-0.4 (a)
(a) to protect the nationally significant examples of Canada’s natural and cultural heritage in national parks, national historic sites, national marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation,
Parks Canada Agency Act — P-0.4 (b)
(b) to present that heritage through interpretive and educational programs for public understanding, appreciation and enjoyment, both for international visitors and the Canadian public, thereby enhancing pride, encouraging stewardship and giving expression to our identity as Canadians,
Parks Canada Agency Act — P-0.4 (c)
(c) to carry out Canada’s international obligations and agreements to protect, conserve and present that heritage and to contribute towards the protection and presentation of the global heritage and biodiversity,
Parks Canada Agency Act — P-0.4 (d)
(d) to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas,
Parks Canada Agency Act — P-0.4 (e)
(e) to commemorate places, people and events of national historic significance, including Canada’s rich and ongoing aboriginal traditions,
Parks Canada Agency Act — P-0.4 (f)
(f) to ensure the commemorative integrity of national historic sites,
Parks Canada Agency Act — P-0.4 (g)
(g) to maintain or restore the ecological integrity of national parks,
Parks Canada Agency Act — P-0.4 (h)
(h) to ensure the ecologically sustainable use of national marine conservation areas,
Parks Canada Agency Act — P-0.4 (i)
(i) to protect heritage railway stations and the heritage character of federal heritage buildings,
Parks Canada Agency Act — P-0.4 (j)
(j) to provide leadership and support to the Canadian Heritage Rivers System,
Parks Canada Agency Act — P-0.4 (k)
(k) to provide Canadians with an opportunity to enjoy Canada’s special places,
Parks Canada Agency Act — P-0.4 (l)
(l) to maintain ecological and commemorative integrity as a prerequisite to the use of national parks and national historic sites, and
Parks Canada Agency Act — P-0.4 (m)
(m) to manage visitor use and tourism to ensure both the maintenance of ecological and commemorative integrity and a quality experience in such heritage and natural areas for this and future generations;
Parks Canada Agency Act — P-0.4
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: