GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Auditor General Act — A-17 15.1
Appointment of Commissioner 15.1 (1) The Auditor General shall, in accordance with the Public Service Employment Act , appoint a senior officer to be called the Commissioner of the Environment and Sustainable Development who shall report directly to the Auditor General. Commissioner’s duties (2) The Commissioner shall assist the Auditor General in performing the duties of the Auditor General set out in this Act that relate to the environment and sustainable development. 1995, c. 43, s. 4
Auditor General Act — A-17 16
Responsibility for human resources management 16 The Auditor General is authorized, in respect of persons appointed in his or her office, to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraph 7(1)(e) and section 11.1 of the Financial Administration Act , as well as those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations. R.S., 1985, c. A-17, s. 16; 2003, c. 22, s. 92
Auditor General Act — A-17 16.1
Delegation 16.1 (1) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions in relation to human resources management. Sub-delegation (2) Any person authorized under subsection (1) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates. 2003, c. 22, s. 92
Auditor General Act — A-17 16.2
Contract for professional services 16.2 Subject to any other Act of Parliament or regulations made under any Act of Parliament, but without the approval of the Treasury Board, the Auditor General may, within the total dollar limitations established for his or her office in appropriation Acts, contract for professional services. 2003, c. 22, s. 228
Auditor General Act — A-17 17
Classification standards 17 Classification standards may be prepared for persons employed in the office of the Auditor General to conform with the classifications that the Auditor General recognizes for the purposes of that office. 1976-77, c. 34, s. 18
Auditor General Act — A-17 18
Delegation 18 The Auditor General may designate a senior member of his staff to sign on his behalf any opinion that he is required to give and any report other than his annual report on the financial statements of Canada made pursuant to section 64 of the Financial Administration Act and his reports to the House of Commons under this Act, and any member so signing an opinion or report shall indicate beneath his signature his position in the office of the Auditor General and the fact that he is signing on behalf of the Auditor General. 1976-77, c. 34, s. 19
Auditor General Act — A-17 18.1
Immunity as witness 18.1 The Auditor General, or any person acting on behalf or under the direction of the Auditor General, is not a competent or compellable witness — in respect of any matter coming to the knowledge of the Auditor General or that person as a result of performing audit powers, duties or functions under this or any other Act of Parliament during an examination or inquiry — in any proceedings other than a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act. 2006, c. 9, s. 305
Auditor General Act — A-17 18.2
Protection from prosecution 18.2 (1) No criminal or civil proceedings lie against the Auditor General, or against any person acting on behalf or under the direction of the Auditor General, for anything done, reported or said in good faith in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament. Defamation (2) For the purposes of any law relating to defamation, (a) anything said, any information supplied or any document or thing produced in good faith by or on behalf of the Auditor General, in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, is privileged; and (b) any report made in good faith by the Auditor General in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast, is privileged. 2006, c. 9, s. 305
Auditor General Act — A-17 19
Estimates 19 (1) The Auditor General shall annually prepare an estimate of the sums that will be required to be provided by Parliament for the payment of the salaries, allowances and expenses of his office during the next ensuing fiscal year. Special report (2) The Auditor General may make a special report to the House of Commons in the event that amounts provided for his office in the estimates submitted to Parliament are, in his opinion, inadequate to enable him to fulfil the responsibilities of his office. 1976-77, c. 34, s. 20
Auditor General Act — A-17 20
Appropriation allotments 20 The provisions of the Financial Administration Act with respect to the division of appropriations into allotments do not apply in respect of appropriations for the office of the Auditor General. 1976-77, c. 34, s. 21
Auditor General Act — A-17 21
Audit of office of the Auditor General 21 (1) A qualified auditor nominated by the Treasury Board shall examine the receipts and disbursements of the office of the Auditor General and shall report annually the outcome of his examinations to the House of Commons. Submission of reports and tabling (2) Each report referred to in subsection (1) shall be submitted to the President of the Treasury Board on or before the 31st day of December in the year to which the report relates and the President of the Treasury Board shall lay each such report before the House of Commons within fifteen days after receipt thereof by him or, if that House is not then sitting, on any of the first fifteen days next thereafter that the House of Commons is sitting. 1976-77, c. 34, s. 22
Auditor General Act — A-17 21.1
Purpose 21.1 In addition to carrying out the functions referred to in subsection 23(3), the purpose of the Commissioner is to provide sustainable development monitoring and reporting on the progress of designated entities towards sustainable development, which is a continually evolving concept based on the integration of social, economic and environmental concerns, and which may be achieved by, among other things, (a) the integration of the environment and the economy; (b) protecting the health of Canadians; (c) protecting ecosystems; (d) meeting international obligations; (e) promoting equity; (f) an integrated approach to planning and making decisions that takes into account the environmental and natural resource costs of different economic options and the economic costs of different environmental and natural resource options; (g) preventing pollution; and (h) respect for nature and the needs of future generations. 1995, c. 43, s. 5; 2008, c. 33, s. 16; 2010, c. 16, s. 5 2019, c. 2, s. 10.2
Auditor General Act — A-17 21.2
Additional functions 21.2 The Commissioner must also carry out the functions assigned to them under the Canadian Net-Zero Emissions Accountability Act . 2021, c. 22, s. 28
Auditor General Act — A-17 22
Petitions received 22 (1) Where the Auditor General receives a petition in writing from a resident of Canada about an environmental matter in the context of sustainable development that is the responsibility of a designated entity, the Auditor General shall make a record of the petition and forward the petition within fifteen days after the day on which it is received to the appropriate Minister for the designated entity. Acknowledgement to be sent (2) Within fifteen days after the day on which the Minister receives the petition from the Auditor General, the Minister shall send to the person who made the petition an acknowledgement of receipt of the petition and shall send a copy of the acknowledgement to the Auditor General. Minister to respond (3) The Minister shall consider the petition and send to the person who made it a reply that responds to it, and shall send a copy of the reply to the Auditor General, within (a) one hundred and twenty days after the day on which the Minister receives the petition from the Auditor General; or (b) any longer time, where the Minister personally, within those one hundred and twenty days, notifies the person who made the petition that it is not possible to reply within those one hundred and twenty days and sends a copy of that notification to the Auditor General. Multiple petitioners (4) Where the petition is from more than one person, it is sufficient for the Minister to send the acknowledgement and reply, and the notification, if any, to one or more of the petitioners rather than to all of them. 1995, c. 43, s. 5 2019, c. 2, s. 10.3
Auditor General Act — A-17 23
Duty to monitor 23 (1) The Commissioner shall make any examinations and inquiries that the Commissioner considers necessary in order to monitor (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act ; and (b) the replies by Ministers required by subsection 22(3). Commissioner’s report (2) The Commissioner shall, on behalf of the Auditor General, report annually to Parliament concerning anything that the Commissioner considers should be brought to the attention of Parliament in relation to environmental and other aspects of sustainable development, including (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act ; (b) the number of petitions recorded as required by subsection 22(1), the subject-matter of the petitions and their status; and (c) the exercising of the authority of the Governor in Council under sections 12.2 and 12.3 of the Federal Sustainable Development Act . Duty to examine (3) The Commissioner shall examine the report required under subsection 7(2) of the Federal Sustainable Development Act in order to assess the fairness of the information contained in the report with respect to the progress of the federal government in implementing the Federal Sustainable Development Strategy and meeting its targets. Duty to report (4) The results of any assessment conducted under subsection (3) shall be included in the report referred to in subsection (2) or in the annual report, or in any of the three additional reports, referred to in subsection 7(1). Submission and tabling of report (5) The report required by subsection (2) shall be submitted to the Speakers of the Senate and the House of Commons and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report. 1995, c. 43, s. 5; 2008, c. 33, s. 17; 2010, c. 16, s. 6 2019, c. 2, s. 10.4
Auditor General Act — A-17 16
Definitions 16 The following definitions apply in sections 17 to 19 and 21 to 28. former agency means the portion of the federal public administration known as the Canada Border Services Agency. ( ancienne agence ) new agency means the Canada Border Services Agency established under subsection 3 (1). ( nouvelle agence ) order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. ( décret C.P. 2003-2064 )
Auditor General Act — A-17
former agency means the portion of the federal public administration known as the Canada Border Services Agency. ( ancienne agence )
Auditor General Act — A-17
new agency means the Canada Border Services Agency established under subsection 3 (1). ( nouvelle agence )
Auditor General Act — A-17
order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. ( décret C.P. 2003-2064 )
Auditor General Act — A-17 19
References 19 (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency: (e) any direction of the Governor in Council made under subsection 24(3) of the Auditor General Act ;
Auditor General Act — A-17 120
Transitional — continuation in office 120 A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119 , to hold office for the remainder of the term for which he or she had been appointed: (b) the Auditor General of Canada under section 3 of the Auditor General Act ;
Auditor General Act — A-17 14
Directions 14 The directions made under subsection 24(3) of the Auditor General Act , as this subsection read immediately before the coming into force of section 18 of this Act, remain in force and are deemed to have been made under subsection 11(3) of this Act.
Aviation Industry Indemnity Act — A-18.5 1
Short title 1 This Act may be cited as the Aviation Industry Indemnity Act .
Aviation Industry Indemnity Act — A-18.5 2
Definitions 2 The following definitions apply in this Act. airport has the same meaning as in subsection 3(1) of the Aeronautics Act . ( aéroport ) aviation industry participant means (a) an air carrier, as defined in subsection 3(1) of the Aeronautics Act , that is a Canadian, as defined in subsection 55(1) of the Canada Transportation Act ; (b) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act ; (c) an owner or operator of an airport; (d) a supplier of goods or services that directly support the operation of aircraft from an airport, including with respect to (i) the preparation of an aircraft for departure or on its arrival, including maintenance and cleaning of the aircraft and the loading and unloading of passengers, baggage and cargo, (ii) freight forwarding, (iii) air navigation, or (iv) airport security services; or (e) an entity that is prescribed by regulation or a member of a class of entity that is prescribed by regulation. ( participant de l’industrie aérienne ) event means (a) an act of unlawful interference with an aircraft, airport or air navigation facility, including an act of terrorism; (b) an act or omission in the course of armed conflict, war, invasion, hostilities, civil war, revolution, rebellion, insurrection, an application of martial law, a usurpation or attempted usurpation of power, a civil commotion or a riot; or (c) an act or omission committed by NAV CANADA, or any of its officers, employees or agents or mandataries, in accordance with an instruction given under an agreement entered into between that corporation and Her Majesty in right of Canada respecting the provision of air navigation services , as defined in subsection 2(1) of the Civil Air Navigation Services Commercialization Act , to the Department of National Defence or the Canadian Forces. ( événement ) Minister means the Minister of Transport. ( ministre ) 2014, c. 29, s. 2 “2” 2019, c. 29, s. 281
Aviation Industry Indemnity Act — A-18.5
airport has the same meaning as in subsection 3(1) of the Aeronautics Act . ( aéroport )
Aviation Industry Indemnity Act — A-18.5 (a)
aviation industry participant means (a) an air carrier, as defined in subsection 3(1) of the Aeronautics Act , that is a Canadian, as defined in subsection 55(1) of the Canada Transportation Act ; (b) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act ; (c) an owner or operator of an airport; (d) a supplier of goods or services that directly support the operation of aircraft from an airport, including with respect to (i) the preparation of an aircraft for departure or on its arrival, including maintenance and cleaning of the aircraft and the loading and unloading of passengers, baggage and cargo, (ii) freight forwarding, (iii) air navigation, or (iv) airport security services; or (e) an entity that is prescribed by regulation or a member of a class of entity that is prescribed by regulation. ( participant de l’industrie aérienne )
Aviation Industry Indemnity Act — A-18.5 (a)
event means (a) an act of unlawful interference with an aircraft, airport or air navigation facility, including an act of terrorism; (b) an act or omission in the course of armed conflict, war, invasion, hostilities, civil war, revolution, rebellion, insurrection, an application of martial law, a usurpation or attempted usurpation of power, a civil commotion or a riot; or (c) an act or omission committed by NAV CANADA, or any of its officers, employees or agents or mandataries, in accordance with an instruction given under an agreement entered into between that corporation and Her Majesty in right of Canada respecting the provision of air navigation services , as defined in subsection 2(1) of the Civil Air Navigation Services Commercialization Act , to the Department of National Defence or the Canadian Forces. ( événement )
Aviation Industry Indemnity Act — A-18.5
Minister means the Minister of Transport. ( ministre )
Aviation Industry Indemnity Act — A-18.5 3
Undertaking by Minister 3 (1) The Minister may, in writing, undertake to indemnify (a) any aviation industry participant or class of aviation industry participant against their loss or damage, or liability for loss or damage, that is caused by an event; or (b) any beneficiary or class of beneficiary under an insurance policy held by an aviation industry participant against that beneficiary’s, or class of beneficiary’s, loss or damage that is caused by an event. Limitation (2) The undertaking to indemnify is limited to (a) loss, damage or liability, or any portion of it, that is not insured or otherwise indemnified; and (b) loss, damage or liability that is not solely with respect to a loss of income. Terms (3) The Minister may attach terms to an undertaking, including terms that (a) specify the event or class of event that is covered by the undertaking or that is excluded from coverage; (b) specify the activity or class of activity in which an aviation industry participant engages that is covered by the undertaking or that is excluded from coverage; (c) specify the class of loss, damage or liability that is covered by the undertaking or that is excluded from coverage; (d) establish the maximum amount of indemnification, or the method to determine that amount, that may be paid out under the undertaking; (e) require that an aviation industry participant obtain a specified minimum amount of insurance coverage for events; and (f) require that an aviation industry participant or any beneficiary under an insurance policy held by an aviation industry participant enter, at the Minister’s request, into an agreement with the Minister respecting the conduct or settlement of any proceedings to which the participant or beneficiary is a party that are related to loss, damage or liability covered by the undertaking. Different terms (4) In attaching terms to an undertaking, the Minister may distinguish among aviation industry participants or beneficiaries, including among aviation industry participants or beneficiaries of the same class, and may distinguish among classes of aviation industry participants or beneficiaries. Incorporation by reference (5) An undertaking may incorporate any material by reference, regardless of its source, as it exists on a particular date. No delegation (6) The Minister must personally exercise the powers that are set out in this section. 2014, c. 29, s. 2 “3” 2019, c. 29, s. 282
Aviation Industry Indemnity Act — A-18.5 4
Statutory Instruments Act 4 (1) The Statutory Instruments Act does not apply to an undertaking. Publication (2) The Minister must cause an undertaking, an amended undertaking or a notice of revocation of an undertaking to be published in Part I of the Canada Gazette within 23 days after the issuance, amendment or revocation. Exception (3) Subsection (2) does not apply to an undertaking, an amended undertaking or a revocation of an undertaking to indemnify NAV CANADA, or any beneficiary under an insurance policy held by NAV CANADA, that covers only events referred to in paragraph (c) of the definition event in section 2. 2014, c. 29, s. 2 “4” 2019, c. 29, s. 283
Aviation Industry Indemnity Act — A-18.5 5
Request for information 5 At any time after the Minister issues an undertaking, he or she may request that aviation industry participants — or beneficiaries under an insurance policy held by an aviation industry participant — that are covered by the undertaking provide him or her with any information that he or she specifies, including with respect to those aviation industry participants’ eligibility and their existing level of insurance coverage for events covered by the undertaking. 2014, c. 29, s. 2 “5” 2019, c. 29, s. 284
Aviation Industry Indemnity Act — A-18.5 6
Notice of potential claim 6 (1) In order to submit a claim for indemnification with respect to an event, an aviation industry participant or beneficiary under an insurance policy held by that participant must provide the Minister with a written notice of a potential claim within two years after the day on which the event that could give rise to a claim occurred. Information to be provided (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary in the circumstances. 2014, c. 29, s. 2 “6” 2019, c. 29, s. 285
Aviation Industry Indemnity Act — A-18.5 7
Claim and indemnification 7 (1) After an aviation industry participant or beneficiary under an insurance policy held by that participant submits a written claim for indemnification under an undertaking, the Minister must review the claim and — if a notice was provided in accordance with section 6 and the Minister determines that the claim is eligible for indemnification under the undertaking as it read on the day on which the event that gave rise to the claim occurred — indemnify the participant or beneficiary accordingly. Further information (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary to determine if the claim is eligible for indemnification. Deeming  — single event (3) If the Minister considers that two or more events are directly connected by any factor or factors, including timing, cause or the parties involved, he or she may deem the events to be a single event. Reliance on court or tribunal (4) The Minister may, in determining if a claim is eligible for indemnification, rely on a final determination, not subject to any appeal, of a court or other tribunal, in or outside Canada. Fault (5) Despite subsection (1), the Minister is not required to indemnify an aviation industry participant or beneficiary if the Minister is of the opinion that the loss, damage or liability claimed is principally the fault of that aviation industry participant or beneficiary, as the case may be. For greater certainty (6) For greater certainty, the Minister’s determination of whether the claim is eligible for indemnification includes a determination of the amount, if any, of the indemnification. 2014, c. 29, s. 2 “7” 2019, c. 29, s. 286
Aviation Industry Indemnity Act — A-18.5 8
Consolidated Revenue Fund 8 Any amount payable under an undertaking is to be paid out of the Consolidated Revenue Fund.