GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Excise Act — E-14 317
Transitional treatment of imported tobacco products 317 The following rules apply to an imported tobacco product: (a) if duty levied under section 21 of the Customs Tariff and tax imposed under section 23 of the Excise Tax Act on the product had not become payable before the implementation date, (i) the duty and tax are relieved, and (ii) this Act and the Customs Act apply in respect of the product as though it were imported into Canada on that day by the importer; (b) if the product was stamped or marked under the Excise Act , the product is deemed to be stamped or marked, as the case may be, under this Act; and (c) the Excise Act and Parts III, VI and VII of the Excise Tax Act cease to apply in respect of the product.
Excise Act — E-14 320
Removal of tobacco products from bonding warehouse of manufacturer 320 (1) If a tobacco product manufactured in Canada is, on the implementation date, located in a bonding warehouse of a person who is licensed under subsection 196(1) of the Excise Act , the product shall be removed from the warehouse and entered into an excise warehouse on that day. Removal of tobacco products from bonding warehouse of authorized distributor (2) If a tobacco product manufactured in Canada is, on the implementation date, located in a bonding warehouse of a person who is licensed under paragraph 50(1)(c) of the Excise Act , the product shall, on that day, be removed from the warehouse and (a) entered into the person’s special excise warehouse, if the person is a special excise warehouse licensee and the product is one that the person is permitted under this Act to distribute; or (b) returned to the excise warehouse of the tobacco licensee who manufactured the product.
Excise Act — E-14 50
50 For the purposes of applying the provisions of the Customs Act and the Excise Act that provide for the payment of, or the liability to pay, interest in respect of any amount, the amount shall be determined and interest shall be computed on it as though sections 43 , 48 and 49 had come into force on July 1, 2006.
Excise Act — E-14 61
61 (2) Subsection (1) is deemed to have come into force on July 1, 2006, except that, for 2006, every reference to “75,000” in section 170.1 of the Act, as enacted by subsection (1), shall be read as a reference to “37,500”.
Excise Act — E-14 63
63 (2) Subsection (1) is deemed to have come into force on July 1, 2006, except that, for 2006, (a) the reference to “35,000” in section 4 of Part II.1 of the schedule to the Act, as enacted by subsection (1), shall be read as a reference to “22,500”; and (b) section 5 of Part II.1 of the schedule to the Act, as enacted by subsection (1), does not apply.
Excise Act — E-14 49
49 (2) With respect to fermented liquor that is brewed by a brewer in whole or in part from malt, grain or any saccharine matter without any process of distillation and that has an alcoholic strength in excess of 11.9% absolute ethyl alcohol by volume, a valid licence held by the brewer under the Excise Act is deemed to be a valid spirits licence issued under section 14 of the Excise Act, 2001 until the day that is 30 days after the day on which this Act is assented to. (3) For the purposes of applying the provisions of the Excise Act, 2001 and of the Customs Act that provide for the payment of, or the liability to pay, interest in respect of any amount, the amount shall be determined and interest shall be computed on it as though this section had come into force on February 27, 2008.
Excise Act — E-14 67
67 For the purposes of applying the provisions of the Customs Act and the Excise Act that provide for the payment of, or the liability to pay, interest in respect of any amount, the amount is to be determined and interest is to be computed on it as though sections 44 and 58 to 63 and subsections 64 (1) and 65 (1) had been assented to on March 23, 2017.
Expenditure Restraint Act — E-15.5 1
Short title 1 This Act may be cited as the Expenditure Restraint Act .
Expenditure Restraint Act — E-15.5 2
Definitions 2 The following definitions apply in this Act. additional remuneration means any allowance, bonus, differential or premium or any payment to employees that is similar to any of those payments. ( rémunération additionnelle ) arbitral award means an arbitral award governing employees to whom this Act applies. ( décision arbitrale ) bargaining agent has the same meaning (a) as in subsection 3(1) of the Canada Labour Code , in relation to employees to whom Part I of that Act applies; (b) as in section 3 of the Parliamentary Employment and Staff Relations Act , in relation to employees to whom that Act applies; and (c) as in subsection 2(1) of the Public Service Labour Relations Act , in relation to employees to whom that Act applies. ( agent négociateur ) collective agreement means a collective agreement governing employees to whom this Act applies. ( convention collective ) Her Majesty means Her Majesty in right of Canada. ( Sa Majesté ) National Joint Council has the same meaning as in subsection 4(1) of the Public Service Labour Relations Act . ( Conseil national mixte ) rate of pay means a base rate of pay, whether expressed as a single rate of pay or a range of rates of pay — or, if no such rate or range exists, any fixed or ascertainable amount of base pay — but does not include any additional remuneration. ( taux de salaire ) restraint period means the period that begins on April 1, 2006 and ends on March 31, 2011. ( période de contrôle )
Expenditure Restraint Act — E-15.5
additional remuneration means any allowance, bonus, differential or premium or any payment to employees that is similar to any of those payments. ( rémunération additionnelle )
Expenditure Restraint Act — E-15.5
arbitral award means an arbitral award governing employees to whom this Act applies. ( décision arbitrale )
Expenditure Restraint Act — E-15.5 (a)
bargaining agent has the same meaning (a) as in subsection 3(1) of the Canada Labour Code , in relation to employees to whom Part I of that Act applies; (b) as in section 3 of the Parliamentary Employment and Staff Relations Act , in relation to employees to whom that Act applies; and (c) as in subsection 2(1) of the Public Service Labour Relations Act , in relation to employees to whom that Act applies. ( agent négociateur )
Expenditure Restraint Act — E-15.5
collective agreement means a collective agreement governing employees to whom this Act applies. ( convention collective )
Expenditure Restraint Act — E-15.5
Her Majesty means Her Majesty in right of Canada. ( Sa Majesté )
Expenditure Restraint Act — E-15.5
National Joint Council has the same meaning as in subsection 4(1) of the Public Service Labour Relations Act . ( Conseil national mixte )
Expenditure Restraint Act — E-15.5
rate of pay means a base rate of pay, whether expressed as a single rate of pay or a range of rates of pay — or, if no such rate or range exists, any fixed or ascertainable amount of base pay — but does not include any additional remuneration. ( taux de salaire )
Expenditure Restraint Act — E-15.5
restraint period means the period that begins on April 1, 2006 and ends on March 31, 2011. ( période de contrôle )
Expenditure Restraint Act — E-15.5 3
Deemed bonus 3 For the purpose of this Act, any lump sum that an employer is required by an arbitral award to pay to employees is deemed to be a bonus.
Expenditure Restraint Act — E-15.5 4
National Joint Council recommendations 4 Any reference in this Act to additional remuneration does not include any additional remuneration that is provided for by a directive, policy, regulation, agreement or other instrument issued or made (a) on the recommendation of the National Joint Council and with the employer’s approval; or (b) unilaterally by an employer in respect of a subject matter that, in the opinion of the Treasury Board, is the same as or is related to the subject matter of any instrument made in accordance with paragraph (a).
Expenditure Restraint Act — E-15.5 5
When certain collective agreements are deemed to have been entered into 5 (1) For the purpose of this Act, a collective agreement is deemed to have been entered into before December 8, 2008 if it was actually entered into on or after that date but its parties had, before that date, agreed in writing to enter into it with effect on the expiry of a previous collective agreement and they entered into it without alteration. When provisions of certain terms and conditions of employment are deemed to have been established (2) If subsection (1) applies in respect of a collective agreement and terms and conditions of employment were established on or after December 8, 2008, the provisions of those terms and conditions of employment that are identical in all material respects to those of the collective agreement and that are applicable to non-represented and excluded employees that normally have terms and conditions of employment that are similar to those of the employees governed by the collective agreement are, for the purposes of this Act, deemed to have been made before December 8, 2008.
Expenditure Restraint Act — E-15.5 6
Right to bargain collectively 6 Subject to the other provisions of this Act, the right to bargain collectively under the Canada Labour Code , the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act is continued.
Expenditure Restraint Act — E-15.5 7
Right to strike 7 Nothing in this Act affects the right to strike under the Canada Labour Code or the Public Service Labour Relations Act .
Expenditure Restraint Act — E-15.5 8
Amendments permitted 8 Nothing in this Act precludes the bargaining agent for employees governed by a collective agreement or arbitral award and the employer of those employees from amending, by agreement in writing, any provision of the collective agreement or arbitral award, other than a provision relating to its term, so long as the amendment is not contrary to any provision of this Act.
Expenditure Restraint Act — E-15.5 9
Workplace improvements 9 Nothing in this Act precludes the co-development of workplace improvements by bargaining agents and employers under the auspices of the National Joint Council or any other body that they may agree on.
Expenditure Restraint Act — E-15.5 10
Incremental and merit increases 10 Nothing in this Act is to be construed as precluding the entitlement of any employee to incremental increases — including any based on the attainment of further qualifications or the acquisition of further skills — or to merit or performance increases, in-range increases, performance bonuses or similar forms of compensation.
Expenditure Restraint Act — E-15.5 11
Conflicts with other Acts 11 In the event of a conflict between a provision of this Act and a provision of any other Act of Parliament, including a provision in Part X of the Financial Administration Act , the provision of this Act prevails to the extent of the conflict, unless the other Act expressly declares that it or any of its provisions apply despite this Act.
Expenditure Restraint Act — E-15.5 12
Members of Parliament 12 This Act applies to members of the Senate and the House of Commons.
Expenditure Restraint Act — E-15.5 13
Employees 13 (1) This Act applies to employees who are employed in or by (a) the departments and other portions of the federal public administration named in Schedules I and IV, respectively, to the Financial Administration Act and the separate agencies named in Schedule V to that Act, other than the Financial Consumer Agency of Canada and the Staff of the Non-Public Funds, Canadian Forces; (b) the Crown corporations and public bodies named in Schedule 1; and (c) the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer. Members of the Royal Canadian Mounted Police (2) For greater certainty, members of the Royal Canadian Mounted Police are employees. Deemed employees (3) This Act applies to the following persons, who are deemed to be employees for the purposes of this Act: (a) the staff of members of the Senate and the House of Commons; (b) directors of the Crown corporations and public bodies named in Schedule 1; (c) officers and non-commissioned members of the Canadian Forces; and (d) the Chief Electoral Officer. Persons appointed by Governor in Council (4) This Act applies to persons who are appointed by the Governor in Council, and those persons are deemed to be employees for the purposes of this Act. Despite this subsection, this Act does not apply to lieutenant governors, judges who are paid a salary under the Judges Act , military judges appointed under section 165.21 of the National Defence Act and associate judges appointed under section 12 of the Federal Courts Act . 2009, c. 2, s. 393 "13"; 2015, c. 36, s. 152; 2017, c. 20, s. 189 2022, c. 10, s. 371
Expenditure Restraint Act — E-15.5 14
Persons designated by Governor in Council 14 The Governor in Council may, by order, designate any person or class of persons as persons to whom this Act applies, and those persons are deemed to be employees for the purposes of this Act.
Expenditure Restraint Act — E-15.5 15
Locally engaged persons and independent contractors 15 This Act does not apply to a person who is locally engaged outside Canada or, for greater certainty, to a person who is engaged as an independent contractor.
Expenditure Restraint Act — E-15.5 16
Increases to rates of pay 16 Despite any collective agreement, arbitral award or terms and conditions of employment to the contrary, but subject to the other provisions of this Act, the rates of pay for employees are to be increased, or are deemed to have been increased, as the case may be, by the following percentages for any 12-month period that begins during any of the following fiscal years: (a) the 2006–2007 fiscal year, 2.5%; (b) the 2007–2008 fiscal year, 2.3%; (c) the 2008–2009 fiscal year, 1.5%; (d) the 2009–2010 fiscal year, 1.5%; and (e) the 2010–2011 fiscal year, 1.5%.
Expenditure Restraint Act — E-15.5 17
Increases to rates of pay — collective agreements or arbitral awards after coming into force 17 (1) The provisions of any collective agreement that is entered into, or arbitral award that is made, after the day on which this Act comes into force may not provide for increases to rates of pay that are greater than those set out in section 16 , but they may provide for increases that are lower. 12-month periods (2) For greater certainty, any collective agreement that is entered into, or any arbitral award that is made, after the day on which this Act comes into force and that provides for increases to rates of pay for any period that begins during the restraint period must do so on the basis of a 12-month period.
Expenditure Restraint Act — E-15.5 18
Increases to rates of pay — collective agreements and arbitral awards — December 8, 2008 until coming into force 18 The provisions of any collective agreement that is entered into, or any arbitral award that is made, during the period that begins on December 8, 2008 and ends on the day on which this Act comes into force that provide, for any particular period, for increases to rates of pay that are greater than those referred to in section 16 for that particular period are of no effect or are deemed never to have had effect, as the case may be, and are deemed to be provisions that provide for the increases referred to in section 16 .
Expenditure Restraint Act — E-15.5 19
Increases to rates of pay — collective agreements and arbitral awards — before December 8, 2008 19 With respect to a collective agreement that is entered into, or an arbitral award that is made, before December 8, 2008, (a) section 16 does not apply in respect of any period that began during the 2006–2007 or 2007–2008 fiscal year; and (b) for any 12-month period that begins during any of the 2008–2009, 2009–2010 and 2010–2011 fiscal years, section 16 applies only in respect of periods that begin on or after December 8, 2008 and any provisions of those agreements or awards that provide, for any particular period, for increases to rates of pay that are greater than those referred to in section 16 for that particular period are of no effect or are deemed never to have had effect, as the case may be, and are deemed to be provisions that provide for the increases referred to in section 16 .
Expenditure Restraint Act — E-15.5 20
Other than 12-month periods — section 18 20 If a collective agreement or arbitral award to which section 18 applies provides for an increase to rates of pay for a period of other than 12 months that begins during any particular fiscal year in the restraint period, that increase is of no effect or is deemed never to have had effect, as the case may be, and is deemed to be an increase for that period of other than 12 months, determined on an annualized basis to the nearest 1/100%, that provides for the increase referred to in section 16 for a period that begins during that particular fiscal year.
Expenditure Restraint Act — E-15.5 21
Other than 12-month periods — section 19 21 If a collective agreement or arbitral award to which section 19 applies provides for an increase to rates of pay for a period of other than 12 months that begins during any particular fiscal year that begins during the period that begins on December 8, 2008 and ends on March 31, 2011, that increase is of no effect or is deemed never to have had effect, as the case may be, and is deemed to be an increase for that period of other than 12 months, determined on an annualized basis to the nearest 1/100%, that provides for the increase referred to in section 16 for a period that begins during that particular fiscal year.
Expenditure Restraint Act — E-15.5 22
Lower percentages not affected 22 If a collective agreement or arbitral award to which section 18 or 19 applies provides for an increase to the rates of pay for any particular period that is lower than the increase referred to in section 16 for that period, section 16 does not apply in respect of that increase.
Expenditure Restraint Act — E-15.5 23
Restructuring prohibited 23 Subject to sections 31 to 34 , (a) no provision of a collective agreement that is entered into, or of an arbitral award that is made, after the day on which this Act comes into force may provide for the restructuring of rates of pay during any period that begins during the restraint period; (b) any provision of a collective agreement that is entered into, or of an arbitral award that is made, during the period that begins on December 8, 2008 and ends on the day on which this Act comes into force that provides for the restructuring of rates of pay during any period that begins during the restraint period is of no effect or is deemed never to have had effect, as the case may be; and (c) any provision of a collective agreement that is entered into, or of an arbitral award that is made, before December 8, 2008 that provides for the restructuring of rates of pay during any period that begins during the period that begins on December 8, 2008 and ends on March 31, 2011 is of no effect or is deemed never to have had effect, as the case may be.
Expenditure Restraint Act — E-15.5 24
No increases to additional remuneration — after coming into force 24 No collective agreement that is entered into, or arbitral award that is made, after the day on which this Act comes into force may provide, for any period that begins during the restraint period, for any increase to the amount or rate of any additional remuneration that applied to the employees governed by the collective agreement or the arbitral award immediately before the collective agreement, or the arbitral award, as the case may be, becomes effective.
Expenditure Restraint Act — E-15.5 25
No increases to additional remuneration — December 8, 2008 until coming into force 25 If a collective agreement that is entered into, or arbitral award that is made, at any time during the period that begins on December 8, 2008 and ends on the day on which this Act comes into force contains provisions that provide, for any period that begins during the restraint period, for an increase to the amount or rate of any additional remuneration that applied to the employees governed by the collective agreement or the arbitral award immediately before the collective agreement, or the arbitral award, as the case may be, became effective, those provisions are of no effect or are deemed never to have had effect, as the case may be.
Expenditure Restraint Act — E-15.5 26
No increases to additional remuneration — before December 8, 2008 26 If a collective agreement that is entered into, or an arbitral award that is made, before December 8, 2008 contains provisions that, for any period that begins in the period that begins on December 8, 2008 and ends on March 31, 2011, provide for an increase to the amount or rate of any additional remuneration that applied to the employees governed by the collective agreement or the arbitral award immediately before the first period that began on or after December 8, 2008, those provisions are of no effect or are deemed never to have had effect, as the case may be.
Expenditure Restraint Act — E-15.5 27
No new additional remuneration — after coming into force 27 No collective agreement that is entered into, or arbitral award that is made, after the day on which this Act comes into force may provide, for any period that begins during the restraint period, for any additional remuneration that is new in relation to the additional remuneration that applied to the employees governed by the collective agreement or the arbitral award immediately before the collective agreement or the arbitral award, as the case may be, becomes effective.
Expenditure Restraint Act — E-15.5 28
No new additional remuneration — December 8, 2008 to coming into force 28 If a collective agreement that is entered into, or an arbitral award that is made, at any time during the period that begins on December 8, 2008 and ends on the day on which this Act comes into force contains a provision that provides, for any period that begins during the restraint period, for any additional remuneration to the employees governed by the collective agreement or the arbitral award that is new in relation to the additional remuneration that applied to the employees governed by the collective agreement or the arbitral award, as the case may be, immediately before it became effective, that provision is of no effect or is deemed never to have had effect, as the case may be.
Expenditure Restraint Act — E-15.5 29
No new additional remuneration — before December 8, 2008 29 If a collective agreement that is entered into, or an arbitral award that is made, before December 8, 2008 contains a provision that provides, for any period that begins in the period that begins on December 8, 2008 and ends on March 31, 2011, for any additional remuneration to the employees governed by the collective agreement or the arbitral award that is new in relation to the additional remuneration that applied to the employees governed by the collective agreement or arbitral award, as the case may be, immediately before the first period that began on or after December 8, 2008, that provision is of no effect or is deemed never to have had effect, as the case may be.
Expenditure Restraint Act — E-15.5 30
Canada Border Services Agency 30 Sections 24 to 26 do not apply in respect of pay notes applicable only to employees in the Canada Border Services Agency who were transferred to the Agency on its creation, but the rates of those pay notes may not be increased during any period that begins in any of the fiscal years referred to in section 16 by a percentage that is higher than the percentage set out in that section for that fiscal year.