GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Appointment or Deployment of Alternates Exclusion Approval Order — (a)
Therefore, the Public Service Commission, pursuant to section 20 of the Public Service Employment Act a , (a) reapplies the provisions of that Act to the positions excluded pursuant to Order in Council P.C. 2012-437 b of April 5, 2012 and the persons occupying them; and (b) excludes from the application of section 16, paragraph 22(2)(a) c , subsection 29(3), sections 30, 31 and 39.1 to 48 d , subsection 51(4) and section 77 e of that Act to an indeterminate employee who is appointed or deployed to the position of an indeterminate employee whose work unit is relocated and who does not wish to relocate or whose services are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside the public service and who has not received a guarantee of a reasonable job offer.
Appointment or Deployment of Alternates Exclusion Approval Order — (a)
(a) reapplies the provisions of that Act to the positions excluded pursuant to Order in Council P.C. 2012-437 b of April 5, 2012 and the persons occupying them; and
Appointment or Deployment of Alternates Exclusion Approval Order — (b)
(b) excludes from the application of section 16, paragraph 22(2)(a) c , subsection 29(3), sections 30, 31 and 39.1 to 48 d , subsection 51(4) and section 77 e of that Act to an indeterminate employee who is appointed or deployed to the position of an indeterminate employee whose work unit is relocated and who does not wish to relocate or whose services are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside the public service and who has not received a guarantee of a reasonable job offer.
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and Government Services, pursuant to section 20 of the Public Service Employment Act a , approves a S.C. 2003, c. 22, ss. 12 and 13 (a) the re-application by the Public Service Commission of the provisions of that Act to the positions excluded pursuant to the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order b and the persons occupying them; b SI/2010-81 (b) the exclusion by the Public Service Commission from the application of the definitions deployment and internal appointment process in subsection 2(1), paragraphs 22(2)(a) to (c) c and sections 39.1 to 41 d , 48, 51 to 53 e , 57, 59 and 62 of that Act to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act f , or the national survey made pursuant to sections 7 and 8 of the Statistics Act f when the survey replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for those persons mentioned in subsection 5(1) of the Statistics Act f . c S.C. 2015, c. 5, s. 2 d S.C. 2006, c. 9, s. 103; S.C. 2015, c. 5, s. 7 e S.C. 2015, c. 5, s. 9 f R.S., c. S-19
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — (a)
(a) the re-application by the Public Service Commission of the provisions of that Act to the positions excluded pursuant to the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order b and the persons occupying them; b SI/2010-81
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — (b)
(b) the exclusion by the Public Service Commission from the application of the definitions deployment and internal appointment process in subsection 2(1), paragraphs 22(2)(a) to (c) c and sections 39.1 to 41 d , 48, 51 to 53 e , 57, 59 and 62 of that Act to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act f , or the national survey made pursuant to sections 7 and 8 of the Statistics Act f when the survey replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for those persons mentioned in subsection 5(1) of the Statistics Act f . c S.C. 2015, c. 5, s. 2 d S.C. 2006, c. 9, s. 103; S.C. 2015, c. 5, s. 7 e S.C. 2015, c. 5, s. 9 f R.S., c. S-19
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order
Whereas the Public Service Commission has decided that it is neither practicable nor in the best interests of the public service to apply certain provisions of the Public Service Employment Act a to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act f , or the national survey made pursuant to sections 7 and 8 of the Statistics Act f when the survey replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for those persons mentioned in subsection 5(1) of the Statistics Act f ;
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order
And whereas, pursuant to subsection 20(2) of the Public Service Employment Act a , the Public Service Commission has consulted with the employer;
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — (a)
Therefore, the Public Service Commission, pursuant to section 20 of the Public Service Employment Act a , (a) reapplies the provisions of the Public Service Employment Act a to the positions excluded pursuant to the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order b and the persons occupying them, (b) excludes from the application of the definitions deployment and internal appointment process in subsection 2(1), paragraphs 22(2)(a) to (c) c and sections 39.1 to 41 d , 48, 51 to 53 e , 57, 59 and 62 of the Public Service Employment Act a to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act f , or the national survey made pursuant to sections 7 and 8 of the Statistics Act f when the survey replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for those persons mentioned in subsection 5(1) of the Statistics Act f .
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — (a)
(a) reapplies the provisions of the Public Service Employment Act a to the positions excluded pursuant to the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order b and the persons occupying them,
Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order — (b)
(b) excludes from the application of the definitions deployment and internal appointment process in subsection 2(1), paragraphs 22(2)(a) to (c) c and sections 39.1 to 41 d , 48, 51 to 53 e , 57, 59 and 62 of the Public Service Employment Act a to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act f , or the national survey made pursuant to sections 7 and 8 of the Statistics Act f when the survey replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for those persons mentioned in subsection 5(1) of the Statistics Act f .
Court of Queen’s Bench of Alberta Criminal Procedure Rules — a
Pursuant to subsections 482(1) a and (3) b and section 482.1 c of the Criminal Code d , the Court of Queen’s Bench of Alberta makes the annexed Court of Queen’s Bench of Alberta Criminal Procedure Rules . a S.C. 1994, c. 44, s. 35 b S.C. 2002, c. 13, s. 17 c S.C. 2002, c. 13, s. 18 d R.S., c. C-46
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 1
Definitions 1 The following definitions apply in these Rules. Code means the Criminal Code . ( Code ) Court means the Court of Queen’s Bench of Alberta. ( Cour )
Court of Queen’s Bench of Alberta Criminal Procedure Rules — Court of Queen’s Bench of Alberta Criminal Procedure Rules
Court means the Court of Queen’s Bench of Alberta. ( Cour )
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 2
Application 2 Unless otherwise expressly provided in an enactment, these Rules apply to any criminal or summary conviction appeal proceeding.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 3
Purpose and interpretation 3 (1) These Rules are intended to facilitate the just disposition of criminal proceedings in Alberta, and must be construed in a liberal and practical manner to secure the fair and expeditious resolution of the proceedings in which they are applied. For greater certainty (2) Nothing in these Rules is to be construed as limiting the jurisdiction or authority of the Court or a judge.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 4
Court’s discretionary power 4 (1) To implement and advance the purpose and intention of these Rules, the Court may make any order with respect to practice or procedure, in any proceeding before the Court. For greater certainty (2) Without limiting the authority of the Court under these Rules, the Court may do one or more of the following: (a) grant, refuse or dismiss an application or other proceeding; (b) set aside any process exercised or purportedly exercised under these Rules that is (i) contrary to law, (ii) an abuse of process, or (iii) for an improper purpose; (c) give orders or directions or make a ruling with respect to a proceeding or to a related matter; (d) make a ruling with respect to whether or how these Rules apply in particular circumstances or to a practice or procedure under these Rules; (e) impose terms, conditions and time limits; (f) give permission or approval; (g) give advice, including by providing guidance and making proposals, suggestions and recommendations; (h) adjourn all or any part of a proceeding, or extend or shorten any time limits, including the time within which the filing, service or provision of any document must be effected; (i) include any information in a judgment or order that the Court considers necessary; (j) amend any document, give directions or make any order necessary to validate a proceeding or document; (k) reject a document or quash a proceeding as irregular or invalid; (l) deem the filing, service or provision of any document to be valid and sufficient; and (m) otherwise deal with any document or proceeding as the Court considers to be just.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 5
Application 5 (1) Unless otherwise indicated in these Rules, every application under this Part must be made on notice in Form CC1. Place and filing of application (2) An application must be brought by filing it with the Court in the judicial centre where the criminal proceeding to which the application relates is being or is to be heard. Exception (3) If the application is urgent, or the Court otherwise allows, it may be brought without notice for the sole purpose of scheduling dates for service and the hearing.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 6
Hearing of application 6 An application must be heard on the date and at the time set by the Court in the judicial centre where the application is to be heard.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 7
Filing and service of supporting documents 7 At least seven days before the date of the hearing, the applicant must file the following supporting documents with the Court and serve them on the persons listed in Rule 8: (a) an affidavit, transcript and other evidence or detailed particulars of the evidence that the applicant intends to present; and (b) a summary of the legal argument supporting the relief claimed.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 8
Persons to be served 8 The application and supporting documents must be served on the following persons: (a) every party to the proceeding; and (b) every person who could be directly affected by an order that may be made following the application.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 9
Failure to appear 9 If the applicant fails to appear at the hearing of the application, the Court may dismiss the application as having been abandoned.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 10
Presence of accused 10 An accused person may designate counsel or a student-at-law to appear on his or her behalf by filing Form CC2 with the Court, or another document acceptable to the Court.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 11
Application 11 (1) In an application under these Rules for mandamus , certiorari , habeas corpus or prohibition, the following rules apply: (a) Part 3, Division 2, Subdivision 2 of the Alberta Rules of Court ; and (b) Division 1 of this Part. Conflict (2) If there is a conflict between Division 1 of this Part and Part 3, Division 2, Subdivision 2 of the Alberta Rules of Court , Division 1 of this Part prevails.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 12
Judicial interim release 12 (1) An application for judicial interim release or the judicial review of an order regarding judicial interim release must be brought by filing Form CC3 with the Court in the judicial centre where the accused is in custody or where the trial is to take place. Service (2) The application must be served on the respondent at least two days before the date set for the hearing of the application.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 13
Detention review 13 (1) An application for detention review under section 525 of the Code must be brought by an institution of detention, which must file Form CC4 with the Court in the judicial centre where the accused is in custody or where the trial is to take place. Notice to institution and to accused (2) On receipt of the application for detention review, the Court must advise the institution of the date and time of the hearing and provide a copy of Form CC5 to the designated counsel or, if there is no counsel designated, to the institution, to be provided to the accused.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 14
Application and service 14 An application for a remedy based on an alleged violation of an accused’s rights or freedoms guaranteed by the Canadian Charter of Rights and Freedoms must be in Form CC1 and brought in accordance with Division 1, except that the application and supporting documents must be filed with the Court and served on the parties at least seven days before the date of the pre-trial conference or at least 60 days before the date of the trial, whichever is earlier, or as directed by the Court.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 15
Notice of application and service 15 (1) If the prosecutor or the accused wishes to challenge a juror under paragraph 638(1)(b) of the Code, that party must, at least 60 days before the date of the scheduled jury selection, file with the Court and serve on the other party a notice of the application for the challenge and provide a copy of the notice to the court coordinator in the judicial centre where the trial is to be held. Contents of notice (2) The notice must set out the ground for the proposed challenge in accordance with section 639 and Form 41 of the Code. Scheduling of pre-trial conference (3) On receipt of the copy of the notice, the court coordinator must schedule a pre-trial conference between the trial judge or case management judge, the prosecutor and the accused to resolve issues raised in the application.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 16
Application 16 An application relating to an authorization, warrant or similar order must be made in accordance with the enabling statute or, if no procedure exists in the enabling statute or there is no enabling statute, in accordance with Division 1.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 17
Documents required for application 17 If Division 1 applies to the application, the applicant must provide, in addition to the supporting documents required under Rule 7, (a) the relevant passages from the statutes, regulations and legal authorities relied on and the full citation for each of these; and (b) a draft of the order sought.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 18
Applications to which this rule applies 18 (1) This Division applies to an application for any of the following orders, unless the order is required by statute: (a) a publication ban; (b) a sealing order; (c) an order prohibiting the identification of a witness, including through the use of pseudonyms; (d) an order for an in camera hearing; and (e) any other order for non-disclosure or restricting access. Applications to impose or set aside a sealing order (2) An application for an order to seal an entire Court file or to set aside all or any part of an order to seal a Court file must be made to (a) the Chief Justice; (b) the Associate Chief Justice; or (c) a judge designated by the Chief Justice. Other applications (3) Any other application under this Division must be made to the trial judge, or, if no trial judge has been assigned, to another judge. Filing and service (4) In addition to complying with the requirements of Division 1 and with any direction the Court may make with respect to any other persons to be served, the applicant must file three paper copies of Form CC6 with the clerk in the judicial centre where the application is to be heard and provide to that clerk one electronic copy of the form. Notice (5) If the clerk has a list of media organizations registered for electronic distribution, the clerk must forward the filed electronic copy of Form CC6 to those organizations. Posting of Form CC6 (6) The clerk must post a copy of the filed Form CC6 in a place reserved for giving public notice at the courthouse where the application is to be heard.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 19
Cases requiring a pre-trial conference 19 A pre-trial conference must be held in any case that is to be tried by a judge and jury and in any case that is anticipated to take at least three days, unless a case management judge has been appointed or a judge, on application, orders otherwise.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 20
Date of first pre-trial conference 20 The first pre-trial conference must be held within 120 days after the filing of the indictment or the order committing the accused to stand trial, whichever occurs first.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 21
Pre-trial conference location 21 (1) A pre-trial conference must be conducted in the judicial centre where the trial will be held, unless otherwise ordered by a judge. Pre-trial conference in courtroom (2) A pre-trial conference involving an unrepresented accused, or a represented accused who wishes to be present, must be conducted in a courtroom.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 22
Additional pre-trial conferences 22 (1) The pre-trial conference judge or another judge of the Court may order that additional pre-trial conferences be held in order to promote a fair and expeditious trial or resolution of the proceeding. Presiding judge (2) If possible, any additional pre-trial conference must be conducted by the initial pre-trial conference judge.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 23
Submissions 23 Each party to a pre-trial conference must prepare submissions by completing the pertinent parts of Form CC7 and provide a copy of this form to every other party to the proceeding and to the clerk in the appropriate judicial centre within the following periods: (a) in the case of the prosecutor, at least two weeks before the date of the pre-trial conference; and (b) in the case of the accused, at least one week before the date of the pre-trial conference.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 24
Report by pre-trial conference judge 24 (1) The pre-trial conference judge must prepare a report in Form CC7 and provide it to each of the parties for their approval within the period and on the conditions the pre-trial conference judge considers appropriate. Report provided to court coordinator (2) The pre-trial conference judge must remove and destroy the page of the report relating to the parties’ positions on sentence, and the remainder of the report must be provided to the court coordinator and must not be disclosed to the public unless otherwise ordered by the judge. Report provided to trial judge (3) The court coordinator must provide a copy of the report to the trial judge.
Court of Queen’s Bench of Alberta Criminal Procedure Rules — 25
Recording of pre-trial conference 25 (1) A pre-trial conference that is conducted in a courtroom must be recorded, but the recording must not be published, broadcast or transmitted in any way, unless otherwise ordered by the pre-trial conference judge. Request for transcript (2) No transcript or recording of a pre-trial conference may be requested except on notice to all parties and with the prior written approval of the pre-trial conference judge. Publication, broadcast or transmission with approval of judge (3) If a transcript or recording has been requested, no information contained in the transcript or recording may be published, broadcast, transmitted or used in any way except on notice to all parties and with the prior written approval of the pre-trial conference judge. No publication or disclosure of sentencing discussions (4) No information with respect to sentencing discussions or the parties’ positions may be published or disclosed in any way.