GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Locally Engaged Employees of the Canadian Embassy and Consulates in the United States Remission Order — Locally Engaged Employees of the Canadian Embassy and Consulates in the United States Remission Order
Embassy or Consulate means the Embassy of Canada located in Washington, D.C., United States or any one or more of the offices of the Consulate General of Canada that are located in the United States. ( ambassade et consulats )
Locally Engaged Employees of the Canadian Embassy and Consulates in the United States Remission Order — (a)
locally engaged employee means an individual who during the taxation year (a) is a non-resident of Canada; (b) is a Canadian citizen; and (c) is paid by the government of Canada for services rendered by the individual in the discharge of functions of a governmental nature at an Embassy or Consulate. ( employé recruté sur place )
Locally Engaged Employees of the Canadian Embassy and Consulates in the United States Remission Order — 2
Remission of Income Tax 2 Subject to sections 3 and 4, remission is granted to each locally engaged employee with respect to tax payable under the Act for taxation years that begin after 2016 of the lesser of, in respect of remuneration that is taxable in Canada, and not in the United States, because of Article XIX of the Canada-US Tax Convention, (a) the amount added to the tax payable under Part I of the Act by the employee under subsection 120(1) of the Act for the taxation year, and (b) the amount, if any, of United States state-level income tax paid by the employee for the taxation year.
Locally Engaged Employees of the Canadian Embassy and Consulates in the United States Remission Order — 3
Amount not otherwise claimed 3 Remission is granted only to the extent the amount remitted has not otherwise been rebated, remitted, credited or refunded to any person under the Act, the Financial Administration Act or any other Act of Parliament.
Locally Engaged Employees of the Canadian Embassy and Consulates in the United States Remission Order — 4
Timing and Documentation 4 Remission is granted to a locally engaged employee in respect of a taxation year on the condition that (a) the locally engaged employee applies for the remission in writing to the Minister on or before the day that is two years after their filing-due date for the taxation year; and (b) the application is accompanied by the documentation required to determine both the eligibility for and the amount of the remission.
Locally Engaged Employees of the Canadian Embassy and Consulates in the United States Remission Order — 5
Coming into force 5 This Order comes into force on the day on which it is made.
Transfer of Duties Order — a
Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 2(a) a of the Public Service Rearrangement and Transfer of Duties Act b , transfers from the Department of Health to the Department of Indigenous Services Canada the control and supervision of that portion of the federal public administration in the Department of Health known as the First Nations and Inuit Health Internal Services Unit, effective April 1, 2018. a S.C. 2003, c. 22, s. 207 b R.S., c. P-34
The Court of Appeal of Alberta Criminal Appeal Rules — 1)
Moved by Slatter JA, seconded by Watson JA: 1) That the draft Alberta Court of Appeal Criminal Appeal Rules , circulated to the members of the Court and attached hereto (drafts 13TE and 13TF), be approved and adopted under s. 482 of the Criminal Code , RSC 1985, c. C-46.
The Court of Appeal of Alberta Criminal Appeal Rules — 1)
1) That the draft Alberta Court of Appeal Criminal Appeal Rules , circulated to the members of the Court and attached hereto (drafts 13TE and 13TF), be approved and adopted under s. 482 of the Criminal Code , RSC 1985, c. C-46.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
I Catherine Fraser, Chief Justice of the Court of Appeal of Alberta, certify that the above is a true copy of a resolution adopted by the judges of the Court of Appeal, at a meeting of the Court duty called and constituted at Edmonton, Alberta, on April 16, 2018.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.1
What this Part applies to 16.1 This Part applies to all criminal appeals to the Court of Appeal of Alberta, including those arising from or under the appeal procedures set out in: (a) the Criminal Code ; (b) the Extradition Act ; (c) the Youth Criminal Justice Act ; and (d) the Provincial Offences Procedure Act (Alberta).
The Court of Appeal of Alberta Criminal Appeal Rules — 16.2
Definitions 16.2 (1) Unless otherwise specified in this Part, and as the context requires, terms used in this Part have the same meaning as in the Criminal Code or the Provincial Offences Procedure Act (Alberta). (2) In this Part: Attorney General has the meaning set out in section 2 of the Criminal Code ; civil rules means the Alberta Rules of Court (AR 124/2010); conviction appeal means an appeal from a conviction, acquittal or stay, or any decision that otherwise concludes criminal proceedings, other than a sentence appeal, including (a) any decision described in section 672.72, subsection 675(3), and sections 676, 784 and 839 of the Criminal Code , (b) an appeal from a costs order in a criminal matter, (c) an appeal or review of a decision under the Extradition Act , (d) an appeal from a decision that a person is unfit to stand trial or is not criminally responsible on account of mental disorder under Part XX.1 of the Criminal Code , and (e) any appeal with respect to a finding that an offender is a dangerous offender or long-term offender; Court means the Court of Appeal of Alberta; criminal appeal means an appeal to which this Part applies; file means to present the correct document and obtain an acknowledgement from the Registrar that the document is part of the Court record; permission to appeal means (i) an application for leave to appeal, (ii) an application for a certificate of sufficient importance justifying a further appeal, and (iii) an application under section 680 of the Criminal Code for review of an interim release decision; Registrar means a person appointed as a Registrar of the Court under the Court of Appeal Act (Alberta) and includes a Deputy Registrar of the Court and any person designated by a Registrar or the Chief Justice of Alberta to act for a Registrar; self-represented appellant means an appellant who is not represented by counsel; and sentence appeal means an appeal from a sentence, direction respecting parole, or other disposition following conviction, including the declarations, orders and dispositions listed in section 673, paragraph 675(1)(b) and paragraph 676(1)(d) of the Criminal Code , but not an appeal with respect to a finding that an offender is a dangerous offender or long-term offender. (3) A reference in this Part to a form is a reference to the forms in the Schedule of Criminal Appeal Forms, varied to suit the case, or a form to the like effect.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Attorney General has the meaning set out in section 2 of the Criminal Code ;
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
civil rules means the Alberta Rules of Court (AR 124/2010);
The Court of Appeal of Alberta Criminal Appeal Rules — (a)
conviction appeal means an appeal from a conviction, acquittal or stay, or any decision that otherwise concludes criminal proceedings, other than a sentence appeal, including (a) any decision described in section 672.72, subsection 675(3), and sections 676, 784 and 839 of the Criminal Code , (b) an appeal from a costs order in a criminal matter, (c) an appeal or review of a decision under the Extradition Act , (d) an appeal from a decision that a person is unfit to stand trial or is not criminally responsible on account of mental disorder under Part XX.1 of the Criminal Code , and (e) any appeal with respect to a finding that an offender is a dangerous offender or long-term offender;
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Court means the Court of Appeal of Alberta;
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
criminal appeal means an appeal to which this Part applies;
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
file means to present the correct document and obtain an acknowledgement from the Registrar that the document is part of the Court record;
The Court of Appeal of Alberta Criminal Appeal Rules — (i)
permission to appeal means (i) an application for leave to appeal, (ii) an application for a certificate of sufficient importance justifying a further appeal, and (iii) an application under section 680 of the Criminal Code for review of an interim release decision;
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Registrar means a person appointed as a Registrar of the Court under the Court of Appeal Act (Alberta) and includes a Deputy Registrar of the Court and any person designated by a Registrar or the Chief Justice of Alberta to act for a Registrar;
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
self-represented appellant means an appellant who is not represented by counsel; and
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
sentence appeal means an appeal from a sentence, direction respecting parole, or other disposition following conviction, including the declarations, orders and dispositions listed in section 673, paragraph 675(1)(b) and paragraph 676(1)(d) of the Criminal Code , but not an appeal with respect to a finding that an offender is a dangerous offender or long-term offender.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.3
Application of civil rules 16.3 (1) Subject to this Part, to any enactment, and to any direction by a case management officer or a single appeal judge, if this Part does not deal with a matter, the provisions of Part 14 of the civil rules respecting standard civil appeals (including rule 14.2) apply to criminal appeals, subject to any modifications or exceptions required to make them appropriate for the administration of criminal justice. (2) For greater certainty, the following provisions of the civil rules do not apply to criminal appeals: (a) Part 5 [ Disclosure of Information ]; (b) Part 10, Division 2 [ Recoverable Costs of Litigation ]; (c) Part 14, Division 1, Subdivision 2 [ Appeals as of Right ]; (d) Part 14, Division 1, Subdivision 3 [ Appeals with Permission ]; (e) Part 14, Division 1, Subdivision 4 and rule 14.11 [ Cross appeals ]; (f) Part 14, Division 5, Subdivision 3 [ Settlement Using Court Processes ]; (g) Part 14, Division 5, Subdivision 4 [ Judicial Dispute Resolution on Appeal ]; and (h) Part 14, Division 5, Subdivision 7 [ Security for Costs ].
The Court of Appeal of Alberta Criminal Appeal Rules — 16.4
Permission to appeal 16.4 (1) Where an appellant requires permission to appeal because (a) leave to appeal to the Court is required under the Criminal Code in a summary conviction matter, (b) a direction is required under section 680 of the Criminal Code for review of an order respecting judicial interim release, (c) a certificate of sufficient importance is required to appeal under the Provincial Offences Procedure Act , or (d) the appeal is of an order respecting costs, the appellant shall bring an application for permission to appeal pursuant to rule 16.24 [ Application for permission to appeal ] and Form CRA-C. (2) If permission to appeal is granted the appellant shall file a notice of appeal pursuant to rule 16.7 [ How to start an appeal ]. (3) In any case referred to in subsection (1), the application for permission to appeal must be brought within (a) the time stated in any enactment for commencing the appeal, and (b) if paragraph (a) does not apply, one month after the date of the decision. (4) Where permission to appeal is required in a case not referred to in subsection (1), the appellant shall file a notice of appeal pursuant to rule 16.7 [ How to start an appeal ], and unless otherwise ordered the application for permission to appeal is deemed to be included in the notice of appeal, and will be heard at the same time as and by the panel hearing the appeal.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.5
Date of decision 16.5 In this Part, date of decision means the later of (a) the date that the decision being appealed is made, and (b) for a conviction appeal, where the sentencing occurs later than the conviction decision, the date that the sentencing decision is made.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.6
Self-represented appellants 16.6 (1) A self-represented appellant who is in custody may start an appeal by filing with a senior officer of the institution in which the appellant is in custody, within the time specified in rule 16.7 [ How to start an appeal ], 3 copies of a notice of appeal in Form CRA-A. (2) The senior officer must endorse on the notice of appeal the date it was received, return a copy to the appellant, retain a copy, and forthwith forward a copy to the Registrar.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.7
How to start an appeal 16.7 (1) An appeal, other than an appeal by a selfrepresented appellant in custody referred to in rule 16.6, must be started by filing with the Registrar 3 copies of a notice of appeal (a) using Form CRA-A for an appeal by a selfrepresented appellant, or (b) using Form CRA-B for all other appeals. (2) The notice of appeal must be filed within (a) the time for starting an appeal stated in an enactment, (b) if the appellant is granted permission to appeal, 10 days after permission to appeal is granted, or (c) if paragraphs (a) and (b) do not apply, one month after the date of decision, and subject to rule 16.8 [ Service of the notice of appeal ] an additional filed copy must be served on the respondent within those time limits. Information note The deadline for appealing a disposition under section 672.72 of the Criminal Code is 15 days after receipt of a copy of the placement or disposition decision. The deadline for appealing under section 50 of the Extradition Act is 30 days from the decision. If convictions are entered, or sentences are imposed simultaneously by a trial judge in connection with both a summary conviction matter and an indictable matter, both matters may be appealed together to the Court of Appeal: Criminal Code , subsections 675(1.1) & 676(1.1).
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information note The deadline for appealing a disposition under section 672.72 of the Criminal Code is 15 days after receipt of a copy of the placement or disposition decision. The deadline for appealing under section 50 of the Extradition Act is 30 days from the decision. If convictions are entered, or sentences are imposed simultaneously by a trial judge in connection with both a summary conviction matter and an indictable matter, both matters may be appealed together to the Court of Appeal: Criminal Code , subsections 675(1.1) & 676(1.1).
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
The deadline for appealing a disposition under section 672.72 of the Criminal Code is 15 days after receipt of a copy of the placement or disposition decision. The deadline for appealing under section 50 of the Extradition Act is 30 days from the decision.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
If convictions are entered, or sentences are imposed simultaneously by a trial judge in connection with both a summary conviction matter and an indictable matter, both matters may be appealed together to the Court of Appeal: Criminal Code , subsections 675(1.1) & 676(1.1).
The Court of Appeal of Alberta Criminal Appeal Rules — 16.8
Service of the application for permission to appeal or notice of appeal 16.8 (1) If the appellant is not the Attorney General or prosecutor, the Registrar must forthwith forward a copy of the application for permission to appeal or notice of appeal to the Attorney General or prosecutor. (2) In all other cases the appellant must serve a filed copy of the application for permission to appeal or notice of appeal on the respondent in accordance with rule 16.9 [ Method of service ], within the time specified in rule 16.7 [ How to start an appeal ].
The Court of Appeal of Alberta Criminal Appeal Rules — 16.9
Method of service 16.9 (1) Subject to any enactment, an application for permission to appeal and a notice of appeal as of right filed by the Attorney General must be personally served on the respondent. (2) An application for permission to appeal and a notice of appeal as of right filed by a convicted person must be served on the Attorney General. (3) Any documents other than an application for permission to appeal or a notice of appeal as of right subsequently required to be served on a party to a criminal appeal may be served at the address for service provided by that party, or on the lawyer of record for that party.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.10
Variation of a sentence 16.10 If a sentence appeal is started by a convicted person, and the Attorney General proposes to argue on appeal that the sentence should be varied, the Attorney General must file and serve a Notice of Variation of Sentence in Form CRA-D on or before filing the respondent’s sentence factum.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.11
Types of appeal 16.11 Unless otherwise ordered, where an appeal is started from both conviction and sentence, (a) the two components of the appeal are to proceed as separate appeals, (b) the appeal respecting conviction is to be adjudicated first, and (c) the appeal respecting sentence, or an appeal respecting a dangerous offender or long-term offender finding is to be adjudicated second.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.12
Preparation of Appeal Record 16.12 (1) The appellant must, (a) within 10 days after filing a notice of appeal (i) order or commence preparation of the Appeal Record, and (ii) order from Transcript Management Services the transcripts required by paragraph 16.13(d) or 16.14(d), and (b) within five days after ordering the appeal record and transcripts, file a copy of the order and serve a filed copy on the respondent. (2) Subject to rule 16.13 [ Contents of Appeal Record – conviction appeals ], rule 16.14 [ Contents of Appeal Record – sentence appeals ] and rule 16.15 [ Format of Appeal Record ], the appellant must file 5 copies of the Appeal Record, and serve on the respondent an additional filed copy of the Appeal Record and an electronic copy of the Transcripts. (3) The Appeal Record and Transcripts must be prepared promptly and filed and served forthwith after they are available, and (a) in an appeal from sentence only where the net sentence is 6 months or less, not later than 2 months after the date on which the notice of appeal was filed, (b) in an appeal from sentence only where the net sentence is greater than 6 months, not later than 3 months after the date on which the notice of appeal was filed, (c) for the sentencing part of any appeal as to both conviction and sentence, not later than 2 months after the date on which the conviction appeal was dismissed or abandoned, or (d) in all other appeals, not later than 4 months after the date on which the notice of appeal was filed. (4) If the Appeal Record is not filed and served within the applicable deadline, and an extension is not obtained. (a) if the appellant is a self-represented appellant and is in custody, the Registrar may refer the appeal to a single appeal judge for directions, and (b) in all other cases, the appeal will be struck by the Registrar.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.13
Contents of Appeal Record - conviction appeals 16.13 The Appeal Record for conviction appeals must contain the following: (a) A table of contents at the beginning of each volume (i) listing separately each document in every volume and showing the page number where the document can be found, (ii) including a copy of the table of contents for the transcripts required by subparagraph (d)(i), and (iii) containing a list and description of all the exhibits entered in the trial court, and the page in the transcripts where the entry of the exhibit is shown. (b) Part 1 - Pleadings, consisting of (i) the Information, Indictment or other originating document, and endorsements, and (ii) for a further appeal in a summary conviction matter, (A) the written or transcribed reasons of the Provincial Court of Alberta, and (B) the notice of appeal to the Court of Queen’s Bench of Alberta. (c) Part 2 - Final Documents, which must include (i) the written or transcribed reasons (A) that led to the decision being appealed, and (B) for any decision rendered during the trial that is relevant to the disposition of the appeal, (ii) the charge to the jury, and the verdict of the jury, (iii) any formal record of the decision, including any certificate of conviction, order of acquittal, report of criminal trial, or report of criminal appeal, (iv) any restricted court access order, (v) for appeals referred to in subrule 16.4(1), the order and reasons granting permission to appeal, (vi) the notice of appeal, (vii) when an enactment requires service on the Attorney General for Alberta or the Attorney General for Canada, or both, proof of that service, and (viii) if there is no oral record that can be transcribed for Part 3, a notation to that effect in the table of contents. (d) Part 3 - Transcripts, which must contain the following information (i) a table of contents at the beginning of every volume, listing separately each part of the transcript, the name of each witness and questioner and showing the page number where the part or the testimony of the witness or questioner begins, (ii) all oral evidence, but only such part of the argument that is necessary to determine the appeal, and (iii) in the case of an appeal from a judgment in a jury trial, the address to the jury of each party, the judge’s charge to the jury and the answers given to any questions from the jury.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.14
Contents of Appeal Record - sentence appeals 16.14 The Appeal Record for sentence appeals must contain the following: (a) A table of contents as required by paragraph 16.13(a), (b) Part 1 - Pleadings, consisting of the Information, Indictment or other originating document, and endorsements, (c) Part 2 - Final Documents, which must include (i) any written or transcribed reasons for conviction, and the reasons for the sentence, (ii) any formal record of the decision, including the certificate of conviction, report of criminal trial, or report of criminal appeal, and any resulting orders, prohibitions, authorizations or warrants arising from the sentencing, (iii) the notice of appeal, (iv) any Notice of Variation of Sentence in Form CRA-D, and (v) any restricted court access order. (d) Part 3 - Transcripts, which must include: (i) a table of contents as required by subparagraph 16.13(d)(i), (ii) the plea and particulars, and any oral evidence given at the sentencing, and (iii) speaking to sentence, (A) in the case of a guilty plea, from the time of the plea, and (B) in other cases, from the time of conviction.