GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Production Insurance Regulations — 18
Deadlines for compliance 18 (1) A production insurance agreement shall provide for the establishment of a schedule, in accordance with the national certification guidelines, that sets out the deadline for the province to submit the documents referred to in section 17 for each insurance plan that is not based on yield. Failure to submit documents (2) Until the province submits the documents required by section 17, Canada shall limit its payments toward premium and reinsurance payments under the agreement in respect of the relevant fiscal year and subsequent fiscal years to 90% of the amount otherwise payable under the agreement. Reduced payments if tests not met (3) If the province submits the documents required by section 17 and the values determined under subparagraphs 17(a) and (b) exceed a value of 1.0, payments by Canada shall be limited to the level of federal premium support provided for high-cost production coverage as set out in the agreement. No administrative procedures to prevent moral hazard (4) If the values determined under paragraphs 17(a) and (b) exceed 1.0 and the province cannot demonstrate that adequate administrative procedures are in place to prevent moral hazard, payments by Canada under the agreement shall be based on the lower of the values determined under those paragraphs, which is deemed to be 1.0. Administrative procedures to prevent moral hazard (5) Subject to subsections (3) and (6), if the values determined under paragraphs 17(a) and (b) exceed 1.0 and the province can demonstrate that adequate administrative procedures are in place to prevent moral hazard, payments by Canada under the agreement shall be based on the lower of the values determined under those paragraphs, which is deemed to be 1.2 if it exceeds 1.2. Methodology without bias (6) Despite subsection (3), if the province can demonstrate that the methodology used to determine the value of production contains no bias, only payments by Canada related to the extent that the lower of the values determined under paragraphs 17(a) and (b) exceeds 1.0 shall be limited to the level of federal premium support provided for high-cost production coverage as set out in the agreement. SOR/2018-118, s. 12
Canada Production Insurance Regulations — 19
Federal contribution 19 (1) A production insurance agreement shall provide that Canada may contribute to wildlife compensation for (a) damage or injury to an eligible agricultural product caused by wildlife, which may include eligible costs related to repair, replacement or medical treatment of the agricultural product; and (b) the repair or replacement of eligible structures that are vital to the production of the agricultural product that have been damaged by wildlife. Details to be in the agreement (2) For the purpose of subsection (1), all eligible agricultural products, structures that are vital to the production of the agricultural products, costs and other conditions for payment shall be provided for in the agreement. SOR/2018-118, s. 13(F)
Canada Production Insurance Regulations — 20
Value of damage or injury 20 (1) For the purpose of paragraph 19(1)(a), a production insurance agreement shall provide that the value of damage or injury to an eligible agricultural product caused by wildlife shall be determined by subtracting the value of the agricultural product that is produced after the damage or injury occurred from the value of the agricultural product that, based on an inspection of the damage or injury, it is estimated would have been produced before the occurrence of the damage or injury. Damage to structure (2) For the purpose of paragraph 19(1)(b), a production insurance agreement shall provide that the value of the damage to an eligible structure caused by wildlife shall be determined as being the cost to have the structure repaired or replaced.
Canada Production Insurance Regulations — 21
Limit on payments 21 (1) A production insurance agreement shall provide that the amount of wildlife compensation paid to a producer for damage or injury to an eligible agricultural product or structure may not exceed 80% of the value of the damage or injury. Determination of value (2) For the purpose of subsection (1), the agreement shall provide for the manner of determining the value of the eligible agricultural product. SOR/2018-118, s. 14(F)
Canada Production Insurance Regulations — 22
No double compensation 22 A production insurance agreement shall provide loss adjustment and payment processes to ensure that damage or injury is paid for only once if damage or injury to an agricultural product caused by wildlife is eligible for payments both under an insurance plan and as wildlife compensation. SOR/2018-118, s. 15(F)
Canada Production Insurance Regulations — 23
Negligence in program administration 23 A production insurance agreement shall provide that no contribution shall be made by the federal government to premiums, wildlife compensation costs for eligible agricultural products, and related administrative expenses that are a consequence of negligence, including wrongful dismissal of personnel, in the administration of the insurance program. SOR/2018-118, s. 16
Canada Production Insurance Regulations — 24
Breach of agreement 24 A production insurance agreement shall provide that, if there is a failure by the province to comply with a requirement of these Regulations, other than a requirement to which subsection 7(3), 9(3), 11(3), 14(3) or 18(3) applies, the Minister may withhold payment of that portion of the contributions under the agreement that relates to the non-compliance until the situation is rectified. SOR/2018-118, s. 20(E)
Canada Production Insurance Regulations — 25
Cumulative limitation of payments 25 The cumulative effect of the limitation of payments provided for in subsections 7(2), 9(2), 11(2), 14(2) and 18(2) and section 24 shall not exceed 25% of the amount otherwise payable by Canada toward premium payments under an agreement for each year.
Canada Production Insurance Regulations — 26
Documentation 26 A production insurance agreement shall provide that the province shall maintain, and shall provide to the Minister when requested to do so, any documentation related to (a) the establishment of the amounts of the protection for producers; (b) the procedures and measures used to determine production losses, quality losses and losses that are covered by insurance plans that are not based on yield, including those losses associated with risk-splitting and wildlife compensation; and (c) the administrative procedures required to carry out the administration of an insurance plan or wildlife compensation. SOR/2018-118, ss. 17(F), 20(E)
Canada Production Insurance Regulations — 27
Insurance plan records 27 A production insurance agreement shall provide that the province shall keep records in relation to the following items in respect of an insurance plan: (a) producer identification, agricultural product identification, risk-splitting benefits and elements of insurance plan identification, year, distinguishable groups of producers, risk area, area insured or exposure unit, probable yield per area, actual yield per seeded area or production per seeded area, value of production per agricultural product, coverage level, unit value, unit value net of non-incurred cost if the cost of production method is used, unit value of risk-splitting benefits, elements of the insurance plan, percentage premium rate, total premiums paid, premium discount or surcharge levels, risk-splitting benefits and elements of the insurance plan loss percentage and level of protection; and (b) the number of claims for indemnity, summaries of agricultural product losses or of the number of exposure units indicating the nature and extent of loss and the number and amount of indemnity payments paid, according to agricultural products or exposure units, risk-splitting benefits and elements of the insurance plan and insurance areas. SOR/2018-118, s. 20(E)
Canada Production Insurance Regulations — 28
Wildlife compensation records 28 If a production insurance agreement includes wildlife compensation, the agreement shall provide that the province shall keep records on the amount of production and value of losses, the number of producers paid, the extent of damage incurred by the agricultural product or area and the value of any structural damage caused by wildlife for which payments are made. SOR/2018-118, s. 18
Canada Production Insurance Regulations — 29
Reports and information 29 (1) A production insurance agreement shall provide that the province shall provide the Minister with the following reports and information: (a) an annual report on the administration of the insurance program, including wildlife compensation, if applicable, that sets out the audited financial statements, including (i) information on the status of the provincial production insurance reserve and provincial production reinsurance funds, if applicable, and (ii) current information by agricultural product, including the number of insurance contracts written, the amount of insurance in force, the number of exposure units or the area insured, the number of producers insured, the amount of premiums collected and the number and total amount of indemnities paid for that year; (b) a quarterly report estimating, by agricultural product, the number of insurance contracts written, the amount of insurance in force, the amount of premiums paid, the number of exposure units or the area insured, the number of claims paid and the amount of indemnities paid; (c) a quarterly report estimating, by agricultural product, the number of claims for indemnity and the amount of indemnities paid for wildlife compensation; and (d) reports and information for the insurance plans, and wildlife compensation, if applicable, requested by Canada for the purpose of auditing, evaluating and forecasting Canada’s future financial commitments and to ensure adequate linkages between insurance programs and other business risk management programs. Agreement to specify data (2) For the purpose of paragraph (1)(d), the agreement shall provide for the specific data to be provided. Protection of personal information (3) The requirement to provide information under subsection (1) is subject to the province’s privacy legislation. SOR/2018-118, ss. 19, 20(E)
Canada Production Insurance Regulations — 31
Application 31 (1) Sections 2 to 29 apply in respect of payments by Canada on or after the day on which these Regulations come into force in respect of losses that occur after March 31, 2004. Coming into force (2) These Regulations come into force on the day on which they are registered.
Natural and Man-made Harbour Navigation and Use Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 104(1) of the Canada Marine Act a , hereby makes the annexed Natural and Man-made Harbour Navigation and Use Regulations . a S.C. 1998, c. 10
Natural and Man-made Harbour Navigation and Use Regulations — 1
1 The following definitions apply in these Regulations. Act means the Canada Marine Act . ( Loi ) dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992 . ( marchandises dangereuses ) floating structure means any type of floathome, houseboat, ship, work or other type of floating craft that is used for residential or commercial purposes. ( construction flottante ) harbour means the navigable waters of a natural or man-made harbour that have been designated by the Governor in Council under subsection 104(2) of the Act. ( port ) harbour official , with respect to a harbour, means a traffic control official designated by the Minister under section 106 of the Act or an enforcement officer designated by the Minister under subsection 108(1) of the Act. ( responsable de port )
Natural and Man-made Harbour Navigation and Use Regulations — Natural and Man-made Harbour Navigation and Use Regulations
Act means the Canada Marine Act . ( Loi )
Natural and Man-made Harbour Navigation and Use Regulations — Natural and Man-made Harbour Navigation and Use Regulations
dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992 . ( marchandises dangereuses )
Natural and Man-made Harbour Navigation and Use Regulations — Natural and Man-made Harbour Navigation and Use Regulations
floating structure means any type of floathome, houseboat, ship, work or other type of floating craft that is used for residential or commercial purposes. ( construction flottante )
Natural and Man-made Harbour Navigation and Use Regulations — Natural and Man-made Harbour Navigation and Use Regulations
harbour means the navigable waters of a natural or man-made harbour that have been designated by the Governor in Council under subsection 104(2) of the Act. ( port )
Natural and Man-made Harbour Navigation and Use Regulations — Natural and Man-made Harbour Navigation and Use Regulations
harbour official , with respect to a harbour, means a traffic control official designated by the Minister under section 106 of the Act or an enforcement officer designated by the Minister under subsection 108(1) of the Act. ( responsable de port )
Natural and Man-made Harbour Navigation and Use Regulations — 2
2 These Regulations are binding on Her Majesty in right of Canada or a province.
Natural and Man-made Harbour Navigation and Use Regulations — 3
3 Unless otherwise authorized under these Regulations, no person shall, by act or omission, adversely affect the use of a harbour, interfere with navigation in a harbour or jeopardize the safety of persons or ships in a harbour by doing anything or permitting anything to be done that has or is likely to have any of the following results in the harbour: (a) to obstruct or threaten any part of the harbour; (b) to interfere with an authorized activity; (c) to divert the flow of a river or stream, cause or affect currents, cause silting or the accumulation of material or otherwise reduce the depth of the waters; (d) to cause a nuisance; (e) to cause injury to persons or damage to ships; or (f) to adversely affect sediment or water quality.
Natural and Man-made Harbour Navigation and Use Regulations — 4
4 (1) Unless otherwise authorized under these Regulations, a person who, adversely affects the use of a harbour, interferes with navigation in a harbour or jeopardizes the safety of persons or ships in a harbour by dropping, depositing, discharging or spilling refuse, a substance that pollutes, cargo, ship’s gear or any other object must (a) immediately make every technically feasible and reasonable effort to remove it; (b) notify a harbour official of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location, and of the efforts made by the person to remove it; and (c) as soon as possible, provide to the harbour official a detailed written report containing the information mentioned in paragraph (b). (2) If the person does not remove the refuse, polluting substance, cargo, ship’s gear or object immediately, the harbour official may have it done.
Natural and Man-made Harbour Navigation and Use Regulations — 5
5 Every person in a harbour must follow the fire protection and prevention measures established for the safety of persons and ships in the harbour, taking into account the activities in the harbour.
Natural and Man-made Harbour Navigation and Use Regulations — 6
6 Every person who, by act or omission, causes a dangerous situation in a harbour must immediately take appropriate precautionary measures to prevent injury to persons or damage to ships and notify a harbour official without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.
Natural and Man-made Harbour Navigation and Use Regulations — 7
7 Despite any other provision of these Regulations, a person may, in a harbour, conduct an activity set out in column 1 of the schedule without having a contract or lease with, or a licence granted by, the Minister of National Defence or an authorization from a harbour official or without complying with the conditions of an authorization for the duration of an emergency situation if (a) the activity is required as a result of an emergency situation that jeopardizes the safety of persons or ships; (b) the person conducting the activity makes every effort to notify a harbour official of the activity and the emergency situation, if practicable; and (c) the person conducting the activity submits a detailed written report to the harbour official without delay describing the activity and explaining why the situation was regarded as an emergency.
Natural and Man-made Harbour Navigation and Use Regulations — 8
8 If an activity in a harbour causes or is likely to cause an emergency situation that jeopardizes the safety of persons or ships, the person conducting the activity and, in the case of an activity conducted under a contract, lease, licence or authorization, the person authorized to conduct the activity must (a) notify a harbour official without delay of the emergency situation; (b) submit a detailed written report of the emergency situation to the harbour official as soon as possible after the situation ceases to exist; and (c) at the request of the harbour official, submit with the report to the harbour official a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities.
Natural and Man-made Harbour Navigation and Use Regulations — 9
9 A person who does anything in a harbour that results in an incident involving injury to persons or damage to ships, including an explosion, fire, accident, grounding, or stranding must (a) notify a harbour official of the incident without delay; and (b) submit a detailed written report of the incident to the harbour official as soon as possible after the incident occurs.
Natural and Man-made Harbour Navigation and Use Regulations — 10
10 (1) If, in a harbour, a person conducts an activity, other than an activity set out in the schedule, that is likely to have any of the results prohibited under section 3, a harbour official may instruct the person conducting the activity to cease the activity or authorize the person to conduct the activity on condition that the person takes measures reasonably necessary to mitigate or prevent the result. (2) The person must immediately comply with the instructions of the harbour official.
Natural and Man-made Harbour Navigation and Use Regulations — 11
11 A person may, in a harbour, conduct an activity set out in column 1 of the schedule if authorized to do so in writing expressly or by necessary implication under a contract or lease entered into with, or a licence granted by, the Minister of National Defence.
Natural and Man-made Harbour Navigation and Use Regulations — 12
12 If, by entering into a contract or lease or granting a licence, the Minister of National Defence authorizes an activity set out in column 1 of the schedule that has or is likely to have any of the results prohibited under section 3, that Minister may stipulate as a condition of the contract, lease or licence that the person with whom the contract or lease is made or to whom the licence is granted must take measures reasonably necessary to mitigate or prevent the result.
Natural and Man-made Harbour Navigation and Use Regulations — 13
13 (1) Subject to subsections (2) and (3), a harbour official may, by such means as posted signs, nautical charts, maps or forms, give an authorization under this section to conduct, in a harbour, an activity set out in column 1 of the schedule if an “X” is set out in column 2. (2) If the conduct of the activity is not likely to have a result prohibited under section 3, the harbour official may give the authorization without conditions to persons wanting to conduct the activity. (3) If the conduct of the activity is likely to have a result prohibited under section 3, the harbour official may give the authorization for the activity only if the harbour official (a) establishes conditions designed to mitigate or prevent the result; and (b) communicates the conditions by posting them in a prominent place clearly visible to persons wanting to conduct the activity or setting them out on forms that are readily available to persons wanting to conduct the activity.
Natural and Man-made Harbour Navigation and Use Regulations — 14
14 (1) No person shall conduct an activity set out in column 1 of the schedule if an “X” is set out in column 2, unless the person complies with the conditions, if any, for conducting the activity that are posted or set out on forms. (2) If a condition for conducting the activity is to complete a checklist, the person conducting the activity must keep the checklist readily available for inspection.
Natural and Man-made Harbour Navigation and Use Regulations — 15
15 (1) A harbour official may give an authorization under this section to a person to conduct, in a harbour, an activity set out in column 1 of the schedule if (a) an “X” is set out in column 3; or (b) an “X” is set out in column 2 and the person or any person who would be covered by the authorization is unable to comply with the conditions posted or set out on forms under section 13 for the conduct of the activity. (2) On receipt of a request for an authorization and the information required under subsection 16(2), the harbour official must (a) give their authorization; (b) if the results of the conduct of the activity are uncertain or if the conduct of the activity is likely to have any of the results prohibited under section 3, (i) refuse to give their authorization, or (ii) give their authorization subject to conditions designed to mitigate or prevent the results; or (c) if the harbour official required that the person obtain insurance coverage, performance security or damage security in respect of the conduct of the activity and none is obtained or that which is obtained is inadequate, refuse to give their authorization.
Natural and Man-made Harbour Navigation and Use Regulations — 16
16 (1) No person shall, in a harbour, conduct an activity set out in column 1 of the schedule if an “X” is set out in column 3 unless the person (a) obtains an authorization under section 15 or is covered by an authorization given under that section; and (b) complies with the conditions, if any, of the authorization. (2) A person who seeks an authorization from a harbour official to conduct an activity in a harbour must provide to the harbour official (a) the name and address of the person; (b) information relevant to the proposed activity and required by the harbour official to assess the likelihood of the occurrence of any of the results prohibited under section 3; (c) if required by the harbour official, proof that the person seeking the authorization has an insurance policy that provides adequate coverage for the activity, names Her Majesty in right of Canada as an additional insured and provides for the insurer to notify the harbour official in the event that the policy is amended or cancelled; and (d) if required by the harbour official, performance security and damage security in respect of the conduct of the activity.
Natural and Man-made Harbour Navigation and Use Regulations — 17
17 A harbour official may cancel an authorization given under section 15 or change the conditions to which an authorization is subject if (a) the conduct of the activity has a result prohibited under section 3 or, because of a change in circumstances, becomes likely to have such a result or the result of the activity becomes uncertain; (b) the authorization was based on incorrect or misleading information; or (c) the person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization.