GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Specific Claims Tribunal Act — S-15.36 32
Advance notice of decision on compensation 32 The Tribunal shall, not later than 14 days before it renders its decision on the issue of compensation, give notice to the parties and to the Chairperson that the decision will be rendered.
Specific Claims Tribunal Act — S-15.36 33
Written reasons and publication 33 The Tribunal shall give written reasons for its decisions and shall cause the reasons and the decisions to be published in the manner that it considers fit.
Specific Claims Tribunal Act — S-15.36 34
Judicial review 34 (1) A decision of the Tribunal is subject to judicial review under section 28 of the Federal Courts Act . Final and conclusive (2) Subject to subsection (1), the Tribunal’s decisions are final and conclusive between the parties in all proceedings in any court or tribunal arising out of the same or substantially the same facts and are not subject to review.
Specific Claims Tribunal Act — S-15.36 35
Release and indemnity 35 If the Tribunal decides that a specific claim is invalid or awards compensation for a specific claim, (a) each respondent is released from any cause of action, claim or liability to the claimant and any of its members of any kind, direct or indirect, arising out of the same or substantially the same facts on which the claim is based; and (b) the claimant shall indemnify each respondent against any amount that the respondent becomes liable to pay as a result of a claim, action or other proceeding for damages brought by the claimant or any of its members against any other person arising out of the same or substantially the same facts.
Specific Claims Tribunal Act — S-15.36 36
Payment of award 36 (1) An award of compensation against the Crown may, at the discretion of the Crown, be paid by instalments, but the award must be fully paid within five years after the day on which the Tribunal makes its decision. Interest (2) The unpaid balance of the award bears simple interest from the date of the award, at a rate equal to the Bank of Canada’s overnight rate on that day plus 2.5%, which shall be paid together with each instalment.
Specific Claims Tribunal Act — S-15.36 37
Abandoned specific claim 37 A specific claim is discontinued if the claimant (a) commences, before another tribunal or a court, a proceeding against the Crown that is based on the same or substantially the same facts as the claim, or that relates to the same land or other assets as the claim and could result in a decision irreconcilable with that of the claim, unless the claimant immediately has the proceeding adjourned; or (b) takes a new step in, or does not continue to adjourn, a proceeding mentioned in paragraph (a) or in subsection 15 (3).
Specific Claims Tribunal Act — S-15.36 38
Public documents 38 (1) Subject to subsection (2), documents filed with the Tribunal are public documents. Confidential documents (2) The Tribunal, on the application of a party, may take any measures that it considers necessary to ensure the confidentiality of a document if it is satisfied that the interest of a party or a person that the document not be disclosed outweighs the societal interest that it be public.
Specific Claims Tribunal Act — S-15.36 39
Regulations 39 The Governor in Council may make regulations adding to Part 2 of the schedule the name of any agreement related to aboriginal self-government.
Specific Claims Tribunal Act — S-15.36 40
Annual report 40 (1) The Chairperson shall submit an annual report on the work of the Tribunal in a fiscal year and its projected activities for the following fiscal year to the Minister within six months after the end of that fiscal year, including the financial statements of the Tribunal and any report on them of the Auditor General of Canada. Resources (2) The annual report may include a statement on whether the Tribunal had sufficient resources, including a sufficient number of members, to address its case load in the past fiscal year and whether it will have sufficient resources for the following fiscal year. Tabling of report (3) The Minister shall submit a copy of the report to each House of Parliament on any of the first 30 days on which that House is sitting after the report is submitted to the Minister.
Specific Claims Tribunal Act — S-15.36 41
Review 41 (1) Within one year after the fifth anniversary of the coming into force of this Act, the Minister shall undertake a review of the mandate and structure of the Tribunal, of its efficiency and effectiveness of operation and of any other matters related to this Act that the Minister considers appropriate. In carrying out the review, the Minister shall give First Nations an opportunity to make representations. Report (2) Within one year after a review is undertaken, the Minister shall cause to be prepared and sign a report that sets out a statement of any changes to this Act, including any changes to the Tribunal’s functions, powers or duties, that the Minister recommends and the representations which have been made by First Nations. Tabling and referral of report (3) The Minister shall submit to each House of Parliament a copy of the report on any of the first 90 days on which that House is sitting after the Minister signs the report, and each House shall refer the report to the appropriate committee of that House.
Specific Claims Tribunal Act — S-15.36 42
Existing claims 42 (1) If a First Nation has submitted a claim based on any one or more of the grounds referred to in subsection 14 (1) to the Minister before the day on which this Act comes into force containing the kind of information that would meet the minimum standard established under subsection 16 (2), or if the claim is being negotiated on the day on which this Act comes into force, the claim is deemed to have been filed with the Minister in accordance with section 16 , or the Minister is deemed to have decided to negotiate the claim and to have notified the First Nation in writing of that decision, as the case may be, on the day on which this Act comes into force. Examination by Minister (2) Within six months after the day on which this Act comes into force, the Minister shall examine all claims — except those that the Minister has notified the First Nation in writing of the Minister’s decision not to negotiate, in whole or in part — that are based on any one or more of the grounds referred to in subsection 14 (1) submitted by First Nations to the Minister before the day on which this Act comes into force, and (a) if a claim contains the kind of information that would meet the minimum stand- ard established under subsection 16 (2), the Minister shall notify the First Nation in writing that its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; (b) if a claim does not contain that kind of information, the Minister shall request in writing that the First Nation provide the Minister with the missing information; or (c) if a claim is being negotiated, in whole or in part, the Minister shall notify the First Nation in writing that for the purpose of section 16 the date of the Minister’s decision to negotiate the claim is deemed to be the day on which this Act comes into force. Amended claim — deemed filing date (3) If a First Nation provides the Minister with the information requested under paragraph (2)(b) (a) within six months after the date of the Minister’s request, its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; or (b) later than six months after the date of the Minister’s request, its claim will be filed with the Minister in accordance with section 16 on the date the requested information is received by the Minister. Notice of filing date (4) On receiving the information referred to in paragraph (2)(b), the Minister shall notify the First Nation in writing of the date on which its claim was filed with the Minister.
Specific Claims Tribunal Act — S-15.36 43
Previous decision not to negotiate 43 For greater certainty, if, before the coming into force of this Act, a First Nation has been notified by the Minister of his or her decision not to negotiate a claim, the First Nation may not file that claim with the Tribunal on the basis of that decision but nothing prevents the First Nation from filing the claim with the Minister after the coming into force of this Act.
Specific Claims Tribunal Act — S-15.36 Coming into force
Coming into force * 53 This Act comes into force 120 days after the day on which it receives royal assent. * [Note: Act in force October 16, 2008.]
Spending Control Act — S-15.4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Spending Control Act — S-15.4 1
Short title 1 This Act may be cited as the Spending Control Act .
Spending Control Act — S-15.4 2
) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3), and (e) in the case of the 1995-96 fiscal year, $111,250,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2) or (4), paragraph 3(6)(a) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3). ( plafond ) 1992, c. 19, s. 2; 1993, c. 37, s. 30; 1996, c. 23, s. 187
Spending Control Act — S-15.4
controlled fiscal year means a fiscal year referred to in the definition “spending limit”; ( exercice déterminé )
Spending Control Act — S-15.4
Crown corporation has the meaning assigned by subsection 83(1) of the Financial Administration Act ; ( société d’État )
Spending Control Act — S-15.4 (a)
emergency means an urgent and critical situation that (a) is caused by drought, earthquake, fire, flood, storm, act of intimidation or coercion, threat to the security of Canada, real or imminent use of force or violence, war, armed conflict, accident or other occurrence, (b) is so severe, or of such severity in its effect on life, property, the economy of Canada or a region thereof or the environment, as to constitute a matter of serious national concern, and (c) is declared by order of the Governor in Council to be an emergency for the purposes of this Act; ( état d’urgence )
Spending Control Act — S-15.4
expenditure in a fiscal year means a charge in respect of a net budgetary expenditure as shown in the statement of revenues and expenditures of the government for the year; ( dépense )
Spending Control Act — S-15.4
government means the Government of Canada; ( Version anglaise seulement )
Spending Control Act — S-15.4
Minister means the Minister of Finance; ( ministre )
Spending Control Act — S-15.4 (a)
program spending of the government for a fiscal year means all expenditures in the year, other than (a) costs associated with the servicing or repayment of debts incurred by the government under Acts of Parliament authorizing the borrowing of money by the government and of other public debt charges on specified-purpose accounts and other accounts, (b) expenditures made in the operation of programs carried on under the Employment Insurance Act but not including any amounts that are required to be paid or contributed by the government as employer’s premiums under that Act, (c) expenditures made under subsection 13(3) of the Farm Income Protection Act , (d) expenditures made under subsection 17(1) of the Farm Income Protection Act , (e) expenditures made as a direct result of an emergency, (f) expenditures for specific programs that result from the revision of data provided for a period ending, or in respect of a date, before April 1991, (g) expenditures made in satisfaction or settlement of judgments of courts against the government in respect of claims arising before April 1991 and that are identified as such in the Public Accounts, and (h) payments made under sections 10 and 11 of the Seized Property Management Act ; ( dépenses de programmes )
Spending Control Act — S-15.4 (a)
spending limit for a fiscal year means (a) in the case of the 1991-92 fiscal year, $97,200,000,000, plus all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, (b) in the case of the 1992-93 fiscal year, $100,900,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2), paragraph 3(3)(b) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(6)(b) or subsection 6(3), (c) in the case of the 1993-94 fiscal year, $104,100,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2), paragraph 3(3)(b) or (6)(a) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3), (d) in the case of the 1994-95 fiscal year, $107,400,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2), paragraph 3(3)(b) or (6)(a) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3), and (e) in the case of the 1995-96 fiscal year, $111,250,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2) or (4), paragraph 3(6)(a) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3). ( plafond )
Spending Control Act — S-15.4 4
Justified increased spending 4 (1) The President of the Treasury Board may certify that a proposed increase in the expenditures for a specific program for a controlled fiscal year is justified by reason of good management if the President is satisfied that it may reasonably be expected (a) that the proposed increase will result in an increase in the revenues of the government for the year that is equal to or greater than the proposed increase in the expenditures for the year, and that the increase in revenues for the year would not occur if the proposed increase in the expenditures for the year is not made; or (b) that, if increases in expenditures for the program that are similar in character to the proposed increase are authorized over a series of consecutive fiscal years that includes the controlled fiscal year and that is specified in the certificate, those increases in expenditures will result in a total of increases in the revenues of the government for those consecutive years that is equal to or greater than the total of those increases in expenditures, and that those increases in revenues for those consecutive years would not occur if those increases in expenditures for those consecutive years are not made. Publication of certificate (2) Where a certificate is issued under subsection (1) in respect of a proposed increase in the expenditures for a specific program for a controlled fiscal year, a copy of the certificate shall be set out in or attached to the main estimates or supplementary estimates for the year in which there is an appropriation for the program that includes the increase.
Spending Control Act — S-15.4 5
Determination of excess spending 5 For the purposes of this Act, the spending excess for a controlled fiscal year is the greater of nil and the amount determined by the formula A - B - C where A is the program spending for the year; B is the total of (a) all amounts each of which is the amount, if any, by which (i) the value, net of any related allowance, of shares in the capital stock of a Crown corporation, or of a corporation that was previously a Crown corporation or that is a successor to a Crown corporation, that were sold in the year, as shown in the statement of assets and liabilities of Canada as at March 31 immediately before the time of the sale exceeds (ii) the net proceeds of disposal of the shares, and (b) all amounts each of which is the amount, if any, by which (i) the value, net of any related allowance, of shares of, or the interest of the government in, a particular Crown corporation, or a particular corporation that was previously a Crown corporation or a successor to a Crown corporation, that has been wound up, as shown in the statement of assets and liabilities of Canada as at March 31 immediately before the commencement of the winding-up exceeds (ii) the total value of all financial assets received in the controlled fiscal year by the government on the winding-up of the particular Crown corporation or the particular corporation; and C is the spending limit for the year.
Spending Control Act — S-15.4 6
Statement in Public Accounts 6 (1) The Public Accounts for each controlled fiscal year shall contain a statement by the Minister respecting compliance with this Act in that year. Information in statement (2) The statement in the Public Accounts for a controlled fiscal year shall identify (a) all amounts that are included in the total used for B in the formula set out in section 5 for the year; (b) all amounts certified under subsection 4(1) for the year; and (c) all expenditures of the types described in paragraphs (a) to (h) of the definition “program spending” in section 2. Allocation of spending excess (3) Where the statement in the Public Accounts for a controlled fiscal year indicates that there is a spending excess for the year, the Minister shall, not later than the time of presentation of the next budget, allocate the excess to the two next following controlled fiscal years in such proportions as the Minister shall determine, and the spending limit of each of the two following years shall be reduced by the portion of the excess so allocated to it. Effect of underspending (4) Where the statement in the Public Accounts for a controlled fiscal year indicates that the spending limit for the year exceeds the program spending for the year, the Minister may, in any budget for a controlled fiscal year presented after the publication of the Accounts, allocate all or part of the excess, to the extent that it has not been allocated earlier under subsection 3(2) or this subsection, to such of the following controlled fiscal years as the Minister may determine and announce in that budget and, in that event, the spending limit for each of the following years shall be increased by the amount so allocated to it. 1992, c. 19, s. 6; 1994, c. 26, s. 66
Spending Control Act — S-15.4 7
Information on adjustments to spending limits 7 In each budget for a particular controlled fiscal year presented after the coming into force of this Act, the Minister shall indicate the spending limit for each controlled fiscal year as adjusted in accordance with this Act to the date of the budget, including any adjustment required because of the program spending proposed for the particular year in the budget, with an explanation of each adjustment that has been made to a spending limit for a controlled fiscal year.
Spending Control Act — S-15.4 8
Report of Auditor General 8 In auditing the accounts of Canada, the Auditor General of Canada shall examine the statement referred to in subsection 6(1) and shall give an opinion, with any reservations that the Auditor General may have, as to whether the statement fairly presents information in accordance with this Act and the stated accounting policies of the government on a basis consistent with that of the preceding year.
Spending Control Act — S-15.4 9
Minor differences ignored 9 For the purposes of this Act, any difference between (a) the program spending or proposed program spending for a controlled fiscal year, and (b) the spending limit for the year that is less than 0.1 per cent of the spending limit for the year shall be deemed to be nil.
Spending Control Act — S-15.4 10
Future application 10 At the time of the presentation of the budget for the 1994-95 fiscal year, the Minister shall present to Parliament a recommendation as to whether this Act should be amended to extend its application beyond the 1995-96 fiscal year.
Spending Control Act — S-15.4 11
Inconsistent laws 11 In the event of any inconsistency between the provisions of this Act and the provisions of any other law, the provisions of this Act prevail unless that other law expressly states that it has effect notwithstanding this Act.
Spirit Drinks Trade Act — S-15.6 Preamble
Preamble WHEREAS Canada has made international commitments regarding the use of names of spirit drinks of foreign countries;
Spirit Drinks Trade Act — S-15.6
AND WHEREAS those commitments are contained in the Agreement between Canada and the European Community on trade in wines and spirit drinks, signed on September 16, 2003, and in side letters to that Agreement, in the North American Free Trade Agreement, signed on December 17, 1992, and in commitments made by Canada at the Commonwealth Heads of Government meeting in Nassau in 1985 to establish an economic and trade development program for the Commonwealth Caribbean countries and territories;
Spirit Drinks Trade Act — S-15.6
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Spirit Drinks Trade Act — S-15.6 1
Short title 1 This Act may be cited as the Spirit Drinks Trade Act .
Spirit Drinks Trade Act — S-15.6 2
Definitions 2 The following definitions apply in this Act. Minister means the Minister of Agriculture and Agri-Food. ( ministre ) sell includes offer for sale, expose for sale and have in possession for sale. ( vendre )
Spirit Drinks Trade Act — S-15.6
Minister means the Minister of Agriculture and Agri-Food. ( ministre )
Spirit Drinks Trade Act — S-15.6
sell includes offer for sale, expose for sale and have in possession for sale. ( vendre )
Spirit Drinks Trade Act — S-15.6 3
Prohibition 3 (1) No person shall use the name of a spirit drink referred to in sections 1 to 5 of the schedule to sell a product as a spirit drink except in accordance with those sections. Exception (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada. Exception (3) Subsection (1) does not prevent the use of any registered trademark that was applied for before January 1, 1996.
Spirit Drinks Trade Act — S-15.6 3.1
Prohibition 3.1 (1) No person shall use the name of a spirit drink referred to in sections 6 to 14 of the schedule to sell a product as that spirit drink except in accordance with those sections. Exception (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada.
Spirit Drinks Trade Act — S-15.6 4
Amendment of schedule 4 The Governor in Council may, by order, amend the schedule to implement Canada’s international trade obligations regarding the use of names of spirit drinks to sell products as spirit drinks.
Spirit Drinks Trade Act — S-15.6 5
Inspectors 5 (1) The Minister may designate any persons, or classes of persons, as inspectors for the purpose of the enforcement of this Act. Certificate to be produced (2) Every inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place under subsection 6(1), an inspector shall, if so requested, produce the certificate to the person in charge of that place.