GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Travelling Exhibitions Indemnification Regulations — 1
1 The definitions in this section apply in these Regulations. Act means the Canada Travelling Exhibitions Indemnification Act . ( Loi ) applicant means an institution situated in Canada that organizes or hosts a travelling exhibition, and that applies for an indemnity agreement on its behalf, or on behalf of all institutions that host the exhibition in Canada; ( demandeur ) indemnity agreement means an agreement entered into under subsection 3(1) of the Act; ( accord d’indemnisation ) owner means the individual, corporation, partnership, association, trust, government, or other entity that holds full and unconditional title to an object or appurtenance, or their designated representative; ( propriétaire )
Canada Travelling Exhibitions Indemnification Regulations — Canada Travelling Exhibitions Indemnification Regulations
Act means the Canada Travelling Exhibitions Indemnification Act . ( Loi )
Canada Travelling Exhibitions Indemnification Regulations — Canada Travelling Exhibitions Indemnification Regulations
applicant means an institution situated in Canada that organizes or hosts a travelling exhibition, and that applies for an indemnity agreement on its behalf, or on behalf of all institutions that host the exhibition in Canada; ( demandeur )
Canada Travelling Exhibitions Indemnification Regulations — Canada Travelling Exhibitions Indemnification Regulations
indemnity agreement means an agreement entered into under subsection 3(1) of the Act; ( accord d’indemnisation )
Canada Travelling Exhibitions Indemnification Regulations — Canada Travelling Exhibitions Indemnification Regulations
owner means the individual, corporation, partnership, association, trust, government, or other entity that holds full and unconditional title to an object or appurtenance, or their designated representative; ( propriétaire )
Canada Travelling Exhibitions Indemnification Regulations — 2
2 An applicant may seek an indemnity agreement in respect of objects and appurtenances in a travelling exhibition if the minimum total fair market value of all objects and appurtenances in the exhibition is $500,000.
Canada Travelling Exhibitions Indemnification Regulations — 3
3 An applicant who seeks an indemnity agreement shall submit an application to the Minister that sets out the following information: (a) the title, schedule, list of venues and an abstract or summary of the travelling exhibition in respect of which an indemnity agreement is sought, and the name of its project director with a list of his or her professional qualifications; (b) a description of each object and appurtenance to be indemnified, including its (i) name, (ii) creation date or age, (iii) material or medium, and (iv) dimensions; (c) the name and address of the owner of each object and appurtenance to be indemnified, and written evidence from each owner that they are willing to lend the object or appurtenance to the proposed travelling exhibition and are prepared to be bound by the terms of an indemnity agreement; (d) the fair market value of each object and appurtenance to be indemnified and the source and justification of the fair market value; (e) the total fair market value of all objects and appurtenances in the travelling exhibition; (f) a description of any other insurance or indemnification coverage that will be applicable to the objects or appurtenances to be indemnified during any period in respect of which an indemnity agreement is sought; (g) a description of any loss or damage that occurred at the premises of the applicant or other institution hosting the travelling exhibition that involved an object or appurtenance during the three years before the application, if the amount of loss or damage was more than $5,000, including the date of loss or damage, the nature and cause of the loss or damage, and the fair market value of each lost or damaged object or appurtenance both before and after the loss or damage; (h) information that shows how the travelling exhibition would meet the assessment criteria set out in section 5; and (i) any other information that is relevant in order to allow the Minister to determine whether to enter into an indemnity agreement.
Canada Travelling Exhibitions Indemnification Regulations — 4
4 The Minister may have the fair market value of an object or appurtenance that is the subject of an application for an indemnity agreement reviewed, in which case the procedure set out in section 14 shall apply, with any modifications that the circumstances require.
Canada Travelling Exhibitions Indemnification Regulations — 5
5 The Minister shall apply the following criteria when assessing whether to enter into an indemnity agreement in respect of an object or appurtenance: (a) when the theme and contents of the travelling exhibition are Canadian, they must enable present and future generations of Canadians to be exposed to their human, natural, artistic and scientific heritage, and thereby enhance their awareness, understanding, and enjoyment of the richness of that heritage; (b) when the theme and contents of the travelling exhibition are of a global significance, the travelling exhibition must display objects of cultural property that are of significance in the areas of archaeology, prehistory, history, sociology, ethnography, art or science; (c) the travelling exhibition must maintain high museological standards; (d) the travelling exhibition must further knowledge concerning the theme or material presented; (e) public awareness of and access to the travelling exhibition must be maximized at each venue; (f) the risk of damage to the object or appurtenance, because of its size or the fragile nature of its composition or material, must be minimal; (g) the object or appurtenance must be transported by appropriate means of transportation and by competent shippers, in order to minimize the risk of loss or damage; (h) the object or appurtenance must be packed and crated in such a manner as to withstand the normal hazards associated with the applicable means of transportation, and must be packed, unpacked and installed by competent professionals; (i) the facilities of all institutions hosting the travelling exhibition must meet museum industry standards with regard to arrangements for security, fire protection and collections preservation, including environmental control; (j) appropriate arrangements must be made with respect to enhanced security measures that are necessary for the object or appurtenance while on display, in storage and in transit; (k) when the object or appurtenance has particular environmental requirements, it must be subject to appropriate environmental control, including lighting, temperature, relative humidity and shock or vibration, while on display, in storage and in transit; and (l) the object or appurtenance must be safe and secure while on display, in storage and in transit.
Canada Travelling Exhibitions Indemnification Regulations — 6
6 An indemnity agreement shall apply only in respect of the portion of the fair market value of an object or appurtenance that is not insured or indemnified, during the period in which the agreement is in effect, by other insurance or indemnification coverage not provided for under these Regulations.
Canada Travelling Exhibitions Indemnification Regulations — 7
7 The deductible amount of indemnity coverage for each travelling exhibition, based on the total fair market value of all the objects and appurtenances in it, is (a) $30,000, if the total fair market value is from $500,000 to $3,000,000; (b) $40,000, if the total fair market value is from $3,000,001 to $10,000,000; (c) $50,000, if the total fair market value is from $10,000,001 to $50,000,000; (d) $75,000, if the total fair market value is from $50,000,001 to $100,000,000; (e) $200,000, if the total fair market value is from $100,000,001 to $200,000,000; (f) $300,000, if the total fair market value is from $200,000,001 to $300,000,000; (g) $500,000, if the total fair market value is from $300,000,001 to $450,000,000; and (h) $700,000, if the total fair market value is from $450,000,001 to $600,000,000. SOR/2013-11, s. 1
Canada Travelling Exhibitions Indemnification Regulations — 8
8 Indemnity coverage for objects and appurtenances transported in a single conveyance may not exceed $100,000,000.
Canada Travelling Exhibitions Indemnification Regulations — 9
9 The period of coverage in an indemnity agreement shall not exceed two years, but the Minister may extend the period for an additional year if (a) an extension of the loan of an object or appurtenance is necessary to accommodate additional venues; (b) delays in transit occur that are beyond the control of the applicant; or (c) the Minister has undertaken to restore a damaged object or appurtenance under subparagraph 12(b)(ii).
Canada Travelling Exhibitions Indemnification Regulations — 10
10 Within 15 days after the applicant assumes responsibility for the safeguarding of an object or appurtenance that is the subject of an indemnity agreement, the applicant shall file with the Minister a condition report describing the physical condition of the object or appurtenance as of the time that the applicant accepts responsibility for its safeguarding. SOR/2010-12, s. 1
Canada Travelling Exhibitions Indemnification Regulations — 11
11 (1) In the event of loss or damage to an object or appurtenance that is the subject of an indemnity agreement, the owner (a) shall notify the Minister within two business days after the discovery of the loss or damage; and (b) may, where the owner is seeking to be indemnified under an indemnity agreement, file with the Minister a claim in writing within 90 days after the date specified in an indemnity agreement by which an object or appurtenance is to be returned to the place designated by the owner, or within 60 days after the date on which the object or appurtenance is so returned, whichever date is earlier. (2) The claim must be accompanied by written proof of the loss or damage that is supported by a statutory declaration that includes the following information: (a) a complete and detailed inventory of the lost or damaged object or appurtenance with detailed information regarding its fair market value before and after the loss or damage; (b) the location of the object or appurtenance at the time of the loss or damage; (c) when and how the loss or damage occurred, and if it was caused by fire or explosion, how the fire or explosion started, as far as the owner knows or believes; (d) a statement that the loss or damage did not occur through any wilful act or negligence of the owner or with the owner’s connivance; (e) all condition reports that, under the indemnity agreement, have been completed in respect of the object or appurtenance throughout the travelling exhibition; and (f) any other documentation or information that is relevant in order to allow the Minister to determine the validity of the claim.
Canada Travelling Exhibitions Indemnification Regulations — 12
12 If the Minister determines that a claim is valid and that (a) the loss is total, the Minister shall pay the amount of the claim to the owner in accordance with the terms of the indemnity agreement; or (b) the loss or damage is partial and the Minister agrees with the consequent reduction in the fair market value of the object or appurtenance as set out in the claim, the Minister shall (i) pay the amount of the claim to the owner, in accordance with the terms of the indemnity agreement, or (ii) subject to the written agreement of the owner, have the object or appurtenance restored to the condition described in the report referred to in section 10.
Canada Travelling Exhibitions Indemnification Regulations — 13
13 (1) If the Minister determines that a claim is not valid, the Minister shall advise the owner of the object or appurtenance of this in writing. (2) An owner may have the determination of the Minister reviewed by a competent and disinterested arbitrator selected jointly by the Minister and the owner. (3) The arbitrator’s determination is final and binding on the parties.
Canada Travelling Exhibitions Indemnification Regulations — 14
14 (1) If the Minister and the owner fail to agree on the extent of the partial loss or damage to, or on any consequent reduction in the fair market value of, the object or appurtenance, each shall select a competent appraiser or appraisers who shall independently consider the extent of the partial loss or damage and each determine any consequent reduction in the fair market value of the object or appurtenance. (2) If the Minister and the owner agree on the extent of the partial loss or damage and the consequent reduction in the fair market value of an object or appurtenance, based on the determinations of the appraisers made under subsection (1), the Minister shall act in accordance with subparagraph 12(b)(i) or (ii). (3) If the Minister and the owner continue to disagree on the extent of the partial loss or damage and the consequent reduction in the fair market value of an object or appurtenance the Minister and owner shall jointly select a competent and disinterested arbitrator to determine the matter. (4) The arbitrator’s determination is final and binding on the parties.
Canada Travelling Exhibitions Indemnification Regulations — 15
15 (1) Each appraiser and all expenses incurred during the preparation of an appraisal shall be paid by the party selecting him or her. (2) The arbitrator and all expenses incurred during the preparation of an arbitration shall be paid by the parties in equal shares.
Canada Travelling Exhibitions Indemnification Regulations — 16
16 After compensation for loss or damage has been paid under these Regulations, the Minister shall be subrogated to all the owner’s rights of recovery against any person or entity.
Canada Travelling Exhibitions Indemnification Regulations — 17
17 (1) If compensation has been paid under these Regulations in respect of an indemnified object or appurtenance that was lost and then recovered, the object or appurtenance becomes the property of the Minister on its recovery. (2) The owner may buy back the object or appurtenance and if the owner does so, its price shall be (a) if it is not damaged, the amount of compensation paid to the owner under these Regulations; and (b) if it is damaged, the fair market value of the object or appurtenance in its damaged state. (3) If the Minister and the owner do not agree on the fair market value of an object or appurtenance in its damaged state, the procedure set out in section 14 shall apply, with any modifications that the circumstances require.
Canada Travelling Exhibitions Indemnification Regulations — Canada Travelling Exhibitions Indemnification Regulations
* 18 These Regulations come into force on the day on which the Canada Travelling Exhibitions Indemnification Act , being chapter 29 of the Statutes of Canada, 1999, comes into force. * [Note: Regulations in force December 15, 1999, see SI/99-137.]
Competency of Operators of Pleasure Craft Regulations — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, pursuant to section 562 a of the Canada Shipping Act , hereby makes the annexed Competency of Operators of Pleasure Craft Regulations . a R.S., c. 6 (3rd Supp.), s. 77
Competency of Operators of Pleasure Craft Regulations — 1
1 The definitions in this section apply in these Regulations. accredited course means a series of lessons in respect of boating safety that has been accredited by the Department of Transport under section 6. ( cours agréé ) accredited test means a test referred to in paragraph 7(4)(c). ( examen agréé ) Boating Safety Course Completion Card means a card issued, by a person who provided a boating safety course in Canada, to a person who successfully completed the course before April 1, 1999. ( carte de réussite d’un cours de sécurité nautique ) candidate means a person presenting themselves at a test site to take the test or a person taking the test for a Pleasure Craft Operator Card. ( candidat ) CCG-accredited course [Repealed, SOR/2007-124, s. 1] CCG-accredited test [Repealed, SOR/2007-124, s. 1] course provider means a person who has obtained the accreditation of a boating safety course in accordance with section 6. ( prestataire de cours ) enforcement officer [Repealed, SOR/2013-234, s. 1] operate means the action of controlling the speed and course of a pleasure craft. ( conduire ) Pleasure Craft Operator Card means a card issued by a course provider that attests that the cardholder has received a mark of at least 75 per cent on a test. ( carte de conducteur d’embarcation de plaisance ) proof of age means a Pleasure Craft Operator Card, birth certificate, baptismal certificate, passport, driver’s licence or other official document that sets out the person’s date of birth. ( preuve d’âge ) proof of competency means a Pleasure Craft Operator Card, a Boating Safety Course Completion Card, a rental boat safety checklist, proof of the successful completion of a boating safety course, or a certificate or other document pertaining to boating safety knowledge, as required under section 4. ( preuve de compétence ) proof of residency means a passport, driver’s licence or other official government document that sets out a person’s place of residence. ( preuve de résidence ) test means a boating safety test that meets the requirements of section 7 taken for the purpose of obtaining a Pleasure Craft Operator Card. ( examen ) SOR/2002-18, s. 1; SOR/2007-124, s. 1, err., Vol. 141, No. 15; SOR/2013-234, s. 1
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
accredited course means a series of lessons in respect of boating safety that has been accredited by the Department of Transport under section 6. ( cours agréé )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
accredited test means a test referred to in paragraph 7(4)(c). ( examen agréé )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
Boating Safety Course Completion Card means a card issued, by a person who provided a boating safety course in Canada, to a person who successfully completed the course before April 1, 1999. ( carte de réussite d’un cours de sécurité nautique )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
candidate means a person presenting themselves at a test site to take the test or a person taking the test for a Pleasure Craft Operator Card. ( candidat )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
CCG-accredited course [Repealed, SOR/2007-124, s. 1]
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
CCG-accredited test [Repealed, SOR/2007-124, s. 1]
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
course provider means a person who has obtained the accreditation of a boating safety course in accordance with section 6. ( prestataire de cours )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
enforcement officer [Repealed, SOR/2013-234, s. 1]
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
operate means the action of controlling the speed and course of a pleasure craft. ( conduire )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
Pleasure Craft Operator Card means a card issued by a course provider that attests that the cardholder has received a mark of at least 75 per cent on a test. ( carte de conducteur d’embarcation de plaisance )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
proof of age means a Pleasure Craft Operator Card, birth certificate, baptismal certificate, passport, driver’s licence or other official document that sets out the person’s date of birth. ( preuve d’âge )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
proof of competency means a Pleasure Craft Operator Card, a Boating Safety Course Completion Card, a rental boat safety checklist, proof of the successful completion of a boating safety course, or a certificate or other document pertaining to boating safety knowledge, as required under section 4. ( preuve de compétence )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
proof of residency means a passport, driver’s licence or other official government document that sets out a person’s place of residence. ( preuve de résidence )
Competency of Operators of Pleasure Craft Regulations — Competency of Operators of Pleasure Craft Regulations
test means a boating safety test that meets the requirements of section 7 taken for the purpose of obtaining a Pleasure Craft Operator Card. ( examen )
Competency of Operators of Pleasure Craft Regulations — 2
2 (1) These Regulations apply in respect of pleasure craft that are fitted with a motor and that are operated for recreational purposes in Canadian waters, other than the waters of the Northwest Territories and Nunavut. (2) These Regulations do not apply in respect of seaplanes.
Competency of Operators of Pleasure Craft Regulations — 3
3 (1) Subject to subsection (2), no person shall operate a pleasure craft unless the person (a) is competent to operate the pleasure craft in accordance with section 4; and (b) has proof of competency on board. (2) Subsection (1) does not apply to a person who (a) is operating the pleasure craft under the supervision of an instructor as part of an accredited course; (b) is not a resident of Canada and whose pleasure craft is in Canada for less than 45 consecutive days; or (c) has proof on board that the person holds a certificate of competency, training certificate, endorsement or other equivalency listed in the schedule. (d) [Repealed, SOR/2013-234, s. 2] (2.1) No person in charge of a pleasure craft shall allow another person to operate the pleasure craft unless that other person is a person referred to in subsection (1) or (2). (3) A person referred to in paragraph (2)(b) or 4(2)(b) shall not operate a pleasure craft without proof of residency on board the pleasure craft. (4) Except where replacing a previously issued card or issuing a card to a person providing proof that the person holds a certificate of competency, training certificate, endorsement or other equivalency listed in the schedule, no course provider shall issue a Pleasure Craft Operator Card to a candidate unless the provider or their agent has administered to the candidate a test that meets the requirements of section 7. SOR/2002-18, s. 2; SOR/2007-124, s. 2, err., Vol. 141, No. 15; SOR/2013-234, s. 2