GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Depository Bills and Notes Act — D-1.6 8
Transactions effected by entries in records of clearing house 8 (1) A transaction related to a depository bill or note recorded by a clearing house, or related to an interest in such a depository bill or note, may be effected by the making of appropriate entries in the records of the clearing house. Effect of transactions (2) The transaction has the same effect as a delivery of a bill of exchange in bearer form under the Bills of Exchange Act . Applicable law (3) The transaction, including the time it takes effect, is governed by the laws of the jurisdiction agreed to by the clearing house and its participants. Possession (4) A participant in whose favour the transaction is effected is deemed to be in possession of the depository bill or note. If the transaction relates to an interest in a depository bill or note, the participant in whose favour the transaction is effected is deemed to be in possession of a depository bill or note representing the interest.
Depository Bills and Notes Act — D-1.6 9
Fungible bulk of depository bills or notes 9 (1) Transactions related to like depository bills or notes, or related to interests in like depository bills or notes, may be recorded by a clearing house as part of a fungible bulk and the entries may refer merely to a quantity of like depository bills or notes. Entries on net basis (2) When there is more than one transaction in depository bills or notes that are part of a fungible bulk, a clearing house may make entries in respect of those transactions on a net basis. Fungible bulk (3) For the purposes of this section, “fungible bulk” means a bulk of depository bills or notes of which any unit is, by usage of trade, the equivalent of any other unit.
Depository Bills and Notes Act — D-1.6 10
Errors in records 10 Errors in the records of a clearing house do not affect the validity or effect of the entries or the liabilities or obligations of the clearing house to persons adversely affected by the errors.
Depository Bills and Notes Act — D-1.6 11
Liability of acceptor 11 The acceptor of a depository bill is liable to provide the clearing house to which it is payable with funds so that the clearing house can pay, on the depository bill’s due date and in accordance with its terms, the participants who have an interest in the depository bill.
Depository Bills and Notes Act — D-1.6 12
Liability of drawer 12 If a depository bill is dishonoured by the acceptor, the drawer is liable to pay the amount of the depository bill to the clearing house to which it is payable.
Depository Bills and Notes Act — D-1.6 13
Liability of endorser of depository bill 13 If a depository bill is dishonoured by the drawer and acceptor, every endorser is jointly and severally liable to pay the amount of the depository bill to the clearing house to which it is payable.
Depository Bills and Notes Act — D-1.6 14
Liability of maker 14 The maker of a depository note is liable to provide the clearing house to which it is payable with funds so that the clearing house can pay, on the depository note’s due date or dates, the principal amount of the depository note, and the interest payable by its terms, to the participants who have an interest in the depository note.
Depository Bills and Notes Act — D-1.6 15
Liability of endorser of depository note 15 If a depository note is dishonoured by the maker, every endorser is jointly and severally liable to pay the principal amount of the depository note, and the interest payable by its terms, to the clearing house to which it is payable.
Depository Bills and Notes Act — D-1.6 15.1
Payment from assets of partnership, etc. 15.1 For the purposes of sections 13, 14 and 15, a depository bill or a depository note whose order or promise to pay is limited to payment from the assets of a partnership, unincorporated association, trust or estate is not dishonoured by its acceptor, drawer or maker if that person provides funds to the clearing house to which it is payable in accordance with the order or promise to pay and section 17. 2001, c. 9, s. 582
Depository Bills and Notes Act — D-1.6 16
Liability in absence of contract 16 A party is liable to pay in accordance with sections 11 to 15 whether or not the depository bill or note constitutes a binding contractual obligation.
Depository Bills and Notes Act — D-1.6 17
Discharge of liability 17 A party who is liable to pay in accordance with sections 11 to 15 and who makes final and irrevocable payment of the amounts owing to the clearing house on the depository bill’s or note’s due date or dates is discharged of that liability to pay.
Depository Bills and Notes Act — D-1.6 18
Duty of clearing house 18 (1) A clearing house must enforce the payment of a depository bill or note payable to it and it must do so for the account and benefit and at the expense of each participant who has an interest in the depository bill or note. Exception (2) A clearing house need not enforce the payment of a depository bill or note if its contract of membership with its participants provides that it is not required to do so or that the duty to enforce is conditional on the fulfilment of conditions specified in the contract and those conditions have not been fulfilled. Action in name of clearing house (3) If a clearing house that is required to enforce the payment of a depository bill or note does not do so within a reasonable time, any participant who has an interest in the depository bill or note may bring an action in the name of the clearing house.
Depository Bills and Notes Act — D-1.6 19
No beneficial interest 19 A clearing house has no beneficial interest in a depository bill or note by reason only of the fact that the depository bill or note is payable to it, but nothing in this Act precludes the clearing house from acquiring, in its own right, a depository bill or note or any interest in a depository bill or note.
Depository Bills and Notes Act — D-1.6 20
No defences 20 (1) A clearing house holds a depository bill or note payable to it, and any money received as payment of principal or interest with respect to the depository bill or note, free from any defence that affects the depository bill or note or any defence that affects the liability of any party to it, except a defence that (a) the signature of the party liable to pay it is forged or unauthorized; or (b) the depository bill or note is counterfeit or has been materially altered without the consent of the party liable to pay it. Participants (2) Subsection (1) applies to a participant who brings an action in the name of a clearing house in accordance with subsection 18(3).
Defence Production Act — D-1 1
Short title 1 This Act may be cited as the Defence Production Act . R.S., c. D-2, s. 1
Defence Production Act — D-1 2
ticle produced or that are based on the quantity or number of articles produced or sold or on the volume of business done, and (b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent, certificate of supplementary protection issued under the Patent Act or registered industrial design; ( redevances ) sale includes consignment or other disposition of materials and the supplying of any service. ( vente ) R.S., 1985, c. D-1, s. 2; 1994, c. 47, s. 220; 1996, c. 16, ss. 60, 61; 2004, c. 25, s. 123(F); 2017, c. 6, s. 126
Defence Production Act — D-1
Account means the Defence Production Loan Account established under section 18; ( compte )
Defence Production Act — D-1
associated government means Her Majesty’s Government in the United Kingdom, any other government of the Commonwealth, the government of a country that is a member of the North Atlantic Treaty Organisation or the government of any other country designated by the Governor in Council as being a country the defence of which is vital to the defence of Canada; ( gouvernement associé )
Defence Production Act — D-1
construct includes repair, maintain, improve or extend; ( construction )
Defence Production Act — D-1 (a)
defence contract means (a) a contract with Her Majesty or an agent of Her Majesty, or with an associated government, that in any way relates to defence supplies or to defence projects or to the designing, manufacturing, producing, constructing, finishing, assembling, transporting, repairing, maintaining, servicing or storing of, or dealing in, defence supplies or defence projects, and (b) a defence subcontract; ( contrat de défense )
Defence Production Act — D-1
defence projects means buildings, aerodromes, airports, dockyards, roads, defence fortifications or other military works, or works required for the production, maintenance or storage of defence supplies; ( ouvrages de défense )
Defence Production Act — D-1 (a)
defence subcontract means a contract or arrangement between any persons whomever, (a) to perform all or any part of the work or service or make or furnish any article or material for the purpose of any other defence contract, (b) under which any amount payable is contingent on the entry into of any other defence contract or determined with reference to any amount payable under or otherwise by reference to any other defence contract, or (c) under which any part of the services performed or to be performed consists of soliciting, attempting to negotiate or negotiating any other defence contract or soliciting or negotiating for the purchase or sale of any articles, materials or services required to fulfil any other defence contract, and, for greater certainty but not so as to limit the foregoing, for the purposes of this definition the expression other defence contract includes a defence subcontract; ( sous-contrat de défense )
Defence Production Act — D-1 (a)
defence supplies means (a) arms, ammunition, implements of war, vehicles, mechanical and other equipment, watercraft, amphibious craft, aircraft, animals, articles, materials, substances and things required or used for the purposes of the defence of Canada or for cooperative efforts for defence being carried on by Canada and an associated government, (b) ships of all kinds, and (c) articles, materials, substances and things of all kinds used for the production or supply of anything mentioned in paragraph (a) or (b) or for the construction of defence projects; ( matériel de défense )
Defence Production Act — D-1
Department means the Department of Public Works and Government Services; ( ministère )
Defence Production Act — D-1
government issue means machinery, machine tools, equipment or defence supplies furnished by the Minister or by an agent of Her Majesty on behalf of Her Majesty or on behalf of an associated government or acquired or purchased on behalf of Her Majesty or on behalf of an associated government with funds provided by the Minister or by an agent of Her Majesty or by an associated government; ( fournitures d’État )
Defence Production Act — D-1
Minister means the Minister of Public Works and Government Services; ( ministre )
Defence Production Act — D-1
order means a general or specific order, requirement, direction or prescription in writing made or issued under this Act or a regulation; ( arrêté ou décret )
Defence Production Act — D-1
price includes rate or charge for any service; ( prix )
Defence Production Act — D-1 (a)
royalties includes (a) licence fees and all other payments analogous to royalties, whether or not payable under any contract, that are calculated as a percentage of the cost or sale price of defence supplies or as a fixed amount per article produced or that are based on the quantity or number of articles produced or sold or on the volume of business done, and (b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent, certificate of supplementary protection issued under the Patent Act or registered industrial design; ( redevances )
Defence Production Act — D-1
sale includes consignment or other disposition of materials and the supplying of any service. ( vente )
Defence Production Act — D-1 3
Appointment and employment 3 (1) Such officers, clerks and employees as are necessary for the proper conduct of the business of the Department under this Act may be appointed in the manner authorized by law but the Minister may (a) with the approval of the Treasury Board, employ such technical or other temporary employees as the Minister deems necessary and, with its approval, fix the remuneration of, and prescribe the travel or other expenses that may be incurred by, those employees; and (b) employ any person to hold a position under this Act for a period not exceeding sixty days and fix the remuneration of, and prescribe the travel or other expenses that may be incurred by, that person. Exception (2) Where the Governor in Council decides that it is not practicable or is not in the public interest to apply subsection (1) to any position or employee or any class thereof, the Governor in Council may exclude that position or employee or that class in whole or in part from the provisions of subsection (1) and may make such regulations as the Governor in Council deems advisable with respect to employment therein, including appointment, organization, classification, rates of compensation and terms and conditions of employment. R.S., c. D-2, s. 3
Defence Production Act — D-1 4
Minister’s functions dischargeable by persons deputed by Minister 4 The Minister may authorize any person, on behalf and under the control and direction of the Minister, to do any act or thing or to exercise any power that the Minister may do or exercise under this Act. R.S., c. D-2, s. 4
Defence Production Act — D-1 5
Appointment of persons to advise and aid Minister 5 The Governor in Council may appoint advisers and establish advisory and other boards, composed of such members as the Governor in Council may appoint, to advise or aid the Minister, which advisers and boards are to perform such duties and exercise such powers as he may designate, and may fix the remuneration and expenses to be paid to persons appointed under this section. R.S., c. D-2, s. 5
Defence Production Act — D-1 6
Corporations 6 (1) If the Minister considers that it is likely to facilitate the carrying out of the purposes and provisions of this Act, the Minister may, with the approval of the Governor in Council, procure the incorporation of any one or more corporations for the purpose of undertaking or carrying out any acts or things that the Minister is authorized to undertake or carry out under this Act. Removal and appointment (2) The Minister may remove any members, directors or officers of a corporation incorporated under this section at any time and may appoint others in their stead or may appoint additional persons as members thereof. Agent of Her Majesty (3) A corporation incorporated under this section is for all purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty. R.S., c. D-2, s. 6
Defence Production Act — D-1 7
Legal proceedings 7 Actions, suits or proceedings in respect of any right or obligation that a corporation incorporated under section 6 acquires or incurs on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the corporation in the name of the corporation in any court that would have jurisdiction if the corporation were not an agent of Her Majesty. R.S., c. D-2, s. 6
Defence Production Act — D-1 8
Audit 8 The accounts of a corporation incorporated under section 6 shall be audited by the Auditor General of Canada. R.S., c. D-2, s. 6; 1976-77, c. 34, s. 30(F)
Defence Production Act — D-1 9
Minister may contract with corporation 9 (1) Notwithstanding that a corporation is an agent of Her Majesty, the Minister may, on behalf of Her Majesty, enter into a contract under this Act with the corporation as if it were not an agent of Her Majesty. Contract with person to act as agent of Her Majesty (2) The Minister may, with the approval of the Governor in Council, enter into a contract with a person authorizing that person to act, under the control and direction of the Minister, as an agent of Her Majesty, for any of the purposes for which the Minister is authorized to act on behalf of Her Majesty under this Act. R.S., c. D-2, s. 7
Defence Production Act — D-1 10
Powers relating to all departments 10 (1) Subject to this Act, the Minister may exercise the powers conferred by this Act on the Minister in relation to defence supplies or defence projects required for the purposes of any department in, or portion of, the federal public administration. Powers relating to National Defence (2) The Minister shall have exclusive authority to buy or otherwise acquire defence supplies and construct defence projects required by the Department of National Defence, except (a) defence projects to be constructed by persons in the employ of Her Majesty; and (b) such defence supplies or defence projects as the Minister of National Defence or any other Minister designated by the Governor in Council may procure or construct at the request of the Minister. Powers conferred by other Acts (3) The Minister may exercise powers and carry out duties and functions conferred or imposed on the Minister by or pursuant to any other Act. R.S., 1985, c. D-1, s. 10; 2003, c. 22, s. 158(E)
Defence Production Act — D-1 11
Acts on behalf of associated government 11 The Minister, if authorized by the Governor in Council to do so, may do or undertake, on behalf of an associated government, any act or thing that the Minister is authorized to do or undertake by this Act on behalf of Her Majesty. R.S., c. D-2, s. 9
Defence Production Act — D-1 12
Duties of Minister 12 The Minister shall examine into, organize, mobilize and conserve the resources of Canada contributory to, and the sources of supply of, defence supplies and the agencies and facilities available for the supply thereof and for the construction of defence projects and shall explore, estimate and provide for the fulfilment of the needs, present and prospective, of the Government and the community with respect thereto and generally shall take steps to mobilize, conserve and coordinate all economic and industrial facilities in respect of defence supplies and defence projects and the supply or construction thereof. R.S., c. D-2, s. 10
Defence Production Act — D-1 13
Minister may require returns to be made 13 (1) The Minister may, by notice in writing, require any person referred to in subsection (2) to make periodical or other returns, at such times and containing such particulars as may be specified in the notice, with respect to defence supplies produced, dealt in or controlled by the person or that the person holds, has contracted for or contemplates acquiring, and the sources of supply thereof, and with respect to the facilities or accommodation that the person has available for or that are adaptable to the production or storage of defence supplies or the construction of defence projects. Persons who are to make returns (2) The Minister may require the returns referred to in subsection (1) to be made by any person who (a) produces, deals in or has control of defence supplies or constructing defence projects; or (b) carries on a business or possesses accommodation or facilities that, in the opinion of the Minister, is or are suitable for or can be adapted to producing, dealing in or storing defence supplies or constructing defence projects. R.S., c. D-2, s. 11
Defence Production Act — D-1 14
Other departments to assist Minister in obtaining information 14 Where a Government department has, under or pursuant to any Act, power to obtain, for any purpose, information as to matters with respect to which the Minister is empowered to require returns to be made, that department shall, if so required by the Minister, exercise that power for the purpose of assisting the Minister in obtaining any such information. R.S., c. D-2, s. 12
Defence Production Act — D-1 15
Stock-piling 15 The Minister may, on behalf of Her Majesty and subject to this Act, acquire, store, maintain, transport, sell, exchange or otherwise dispose of such materials or substances as may be designated by the Governor in Council as materials or substances essential to the needs of the community of which it is advisable to maintain stocks in order to safeguard against possible shortages thereof. R.S., 1985, c. D-1, s. 15; 2004, c. 25, s. 124(F)
Defence Production Act — D-1 16
Ministerial powers of procurement and disposal 16 The Minister may, on behalf of Her Majesty and subject to this Act, (a) buy or otherwise acquire, utilize, store, transport, sell, exchange or otherwise dispose of defence supplies; (b) manufacture or otherwise produce, finish, assemble, process, develop, repair, maintain or service defence supplies or manage and operate facilities therefor; (c) construct or acquire defence projects and sell, exchange or otherwise dispose of them; (d) arrange for the performance of professional or commercial services; (e) purchase or otherwise acquire, sell, exchange or otherwise dispose of real or personal property or any interest in real or personal property, or an immovable or a movable or any right in an immovable or a movable, that, in the opinion of the Minister, is or is likely to be necessary or desirable for any of the purposes mentioned in paragraph (a), (b) or (c); (f) make loans or advances to or guarantee repayment of loans or advances made to a person (i) for the purpose of providing assistance for the construction, acquisition, extension or improvement of capital equipment or works by, or to provide working capital for, that person for the manufacture, production, finishing, assembling, processing, development, storage, transportation, repairing, maintenance or servicing of defence supplies or for the construction or operation of defence projects, or (ii) by way of advance payment on account of or to enable that person to carry out any contract entered into with the Minister under this Act or any defence contract; and (g) do all such things as appear to the Minister to be incidental to or necessary or expedient for the matters referred to in the foregoing provisions of this section or as may be authorized by the Governor in Council with respect to the procurement, construction or disposal of defence supplies or defence projects. R.S., 1985, c. D-1, s. 16; 2004, c. 25, s. 125
Defence Production Act — D-1 17
Expenditures from C.R.F. 17 There may be expended from the Consolidated Revenue Fund amounts for the following purposes: (a) to pay the cost of acquisition, storage, maintenance or transportation of stocks of materials or substances purchased pursuant to section 15, or stocks of defence supplies acquired under section 16, that the Minister deems it is advisable to maintain; and (b) to pay the cost of acquisition, storage or maintenance of defence supplies requisitioned for payment out of an appropriation or by an agent of Her Majesty or to be paid for by an associated government, such amounts if paid to be recovered from the appropriation or from the agent or associated government. R.S., c. D-2, s. 15; 1980-81-82-83, c. 17, s. 12
Defence Production Act — D-1 18
Expenditures from C.R.F. 18 (1) There may be paid from the Consolidated Revenue Fund amounts for loans or advances authorized under this Act for any purpose other than to assist in the construction, acquisition, extension or improvement of capital equipment or works by any person. Defence Production Loan Account (2) There shall be established in the accounts of Canada, for the purposes of this section, an account to be known as the Defence Production Loan Account and to which shall be charged all moneys to be paid pursuant to subsection (1). 1980-81-82-83, c. 17, s. 12