GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Refugee Appeal Division Rules — 48
Application to reinstate withdrawn appeal 48 (1) An appellant may apply to the Division to reinstate an appeal that was made by the appellant and was withdrawn. Form and content of application (2) The appellant must make the application in accordance with rule 37. If a person who is the subject of an appeal makes the application, they must provide to the Division the original and a copy of the application and include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer. Documents provided to Minister (3) The Division must provide to the Minister, without delay, a copy of an application made by a person who is the subject of an appeal. Factors (4) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice or it is otherwise in the interests of justice to allow the application. Factors (5) In deciding the application, the Division must consider any relevant factors, including whether the application was made in a timely manner and the justification for any delay. Subsequent application (6) If the appellant made a previous application to reinstate an appeal that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence.
Refugee Appeal Division Rules — 49
Application to reopen appeal 49 (1) At any time before the Federal Court has made a final determination in respect of an appeal that has been decided or declared abandoned, the appellant may make an application to the Division to reopen the appeal. Form and content of application (2) The application must be made in accordance with rule 37. If a person who is the subject of an appeal makes the application, they must provide to the Division the original and a copy of the application and include in the application their contact information and, if represented by counsel, their counsel’s contact information and any limitations on counsel’s retainer. Documents provided to Minister (3) The Division must provide to the Minister, without delay, a copy of an application made by a person who is the subject of an appeal . Allegations against counsel (4) If it is alleged in the application that the person who is the subject of the appeal’s counsel in the proceedings that are the subject of the application provided inadequate representation, (a) the person must first provide a copy of the application to the counsel and then provide the original and a copy of the application to the Division, and (b) the application provided to the Division must be accompanied by proof that a copy was provided to the counsel. Copy of pending application (5) The application must be accompanied by a copy of any pending application for leave to apply for judicial review or any pending application for judicial review. Factor (6) The Division must not allow the application unless it is established that there was a failure to observe a principle of natural justice. Factors (7) In deciding the application, the Division must consider any relevant factors, including (a) whether the application was made in a timely manner and the justification for any delay; and (b) if the appellant did not make an application for leave to apply for judicial review or an application for judicial review, the reasons why an application was not made. Subsequent application (8) If the appellant made a previous application to reopen an appeal that was denied, the Division must consider the reasons for the denial and must not allow the subsequent application unless there are exceptional circumstances supported by new evidence. Other remedies (9) If there is a pending application for leave to apply for judicial review or a pending application for judicial review on the same or similar grounds, the Division must, as soon as is practicable, allow the application to reopen if it is necessary for the timely and efficient processing of appeals, or dismiss the application.
Refugee Appeal Division Rules — 50
Notice of decision 50 (1) When the Division makes a decision, other than an interlocutory decision, it must provide in writing a notice of decision to the person who is the subject of the appeal, to the Minister and to the Refugee Protection Division. The Division must also provide in writing a notice of decision to the UNHCR and to any interested person, if they provided written submissions in the appeal. Written reasons (2) The Division must provide written reasons for the decision, together with the notice of decision, if a hearing (a) was not held under subsection 110(6) of the Act; or (b) was held under subsection 110(6) of the Act and the decision and reasons were not given orally at the hearing. Request for written reasons (3) A request under paragraph 169(1)(e) of the Act for written reasons for a decision must be made in writing.
Refugee Appeal Division Rules — 51
When decision of single member takes effect 51 (1) A decision, other than an interlocutory decision, made by a single Division member takes effect (a) if made in writing, when the member signs and dates the reasons for the decision; and (b) if given orally at a hearing, when the member states the decision and gives the reasons. When decision of three-member panel takes effect (2) A decision, other than an interlocutory decision, made by a panel of three Division members takes effect (a) if made in writing, when all the members sign and date their reasons for the decision; and (b) if given orally at a hearing, when all the members state their decision and give their reasons.
Refugee Appeal Division Rules — 52
No applicable rule 52 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
Refugee Appeal Division Rules — 53
Powers of Division 53 The Division may, after giving the parties notice and an opportunity to object, (a) act on its own initiative, without a party having to make an application or request to the Division; (b) change a requirement of a rule; (c) excuse a person from a requirement of a rule; and (d) extend a time limit, before or after the time limit has expired, or shorten it if the time limit has not expired.
Refugee Appeal Division Rules — 54
Failure to follow rules 54 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.
Refugee Appeal Division Rules — 55
Conference to fix date for hearing 55 The Division may require the parties to participate in a scheduling conference or otherwise give information to help the Division fix a date for a hearing.
Refugee Appeal Division Rules — 56
Notice to appear 56 (1) When, in accordance with paragraph 171(a) of the Act, the Division gives notice to the person who is the subject of the appeal and to the Minister of any hearing, it must notify them in writing of the date, time and location fixed for the hearing and the issues that will be raised at the hearing. Date fixed for hearing (2) The date fixed for the hearing of an appeal must not be earlier than 10 days after the day on which the person who is the subject of the appeal and the Minister receive the notice referred to in subrule (1), unless they consent to an earlier date.
Refugee Appeal Division Rules — 57
Restriction of hearing 57 (1) A hearing is restricted to matters relating to the issues provided with the notice to appear unless the Division considers that other issues have been raised by statements made by the person who is the subject of the appeal or by a witness during the hearing. Standard order of questioning (2) Unless the Division orders otherwise, any witness, including the person who is the subject of the appeal, will be questioned first by the appellant, then by any other party, then by the appellant in reply, and then by the Division. Limiting questioning of witnesses (3) The Division may limit the questioning of witnesses, including the person who is the subject of the appeal, taking into account the nature and complexity of the issues and the relevance of the questions. Oral representations (4) Representations must be made orally at the end of a hearing unless the Division orders otherwise. Limits on representations (5) After all the evidence has been heard, the Division must (a) set time limits for representations, taking into account the complexity of the issues and the amount of relevant evidence heard; and (b) indicate what issues need to be addressed in the representations.
Refugee Appeal Division Rules — 58
Custody 58 The Division may order a person who holds a person who is the subject of an appeal in custody to bring the person to a proceeding at a location specified by the Division.
Refugee Appeal Division Rules — 59
Need for interpreter — person 59 (1) If a person who is the subject of an appeal needs an interpreter, the person must indicate the language and dialect, if any, to be interpreted in the appellant’s record if they are the appellant or in the respondent’s record if they are the respondent. Changing language of interpretation (2) A person who is the subject of an appeal may change the language and dialect, if any, that they specified under subrule (1), or if they had not indicated that an interpreter was needed, they may indicate that they need an interpreter, by notifying the Division in writing and indicating the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 20 days before the date fixed for the hearing. Need for interpreter — witness (3) If any party’s witness needs an interpreter for a hearing, the party must notify the Division in writing and specify the language and dialect, if any, to be interpreted. The notice must be received by the Division no later than 20 days before the date fixed for the hearing. Interpreter’s oath (4) The interpreter must take an oath or make a solemn affirmation to interpret accurately.
Refugee Appeal Division Rules — 60
Observers 60 (1) An application under rule 42 is not necessary if an observer is the UNHCR or a member of the staff of the Board or if the person who is the subject of the appeal consents to or requests the presence of an observer other than a representative of the press or other media of communication at the proceeding. Observers — factor (2) The Division must allow the attendance of an observer unless, in the opinion of the Division, the observer’s attendance is likely to impede the proceeding. Observers — confidentiality of proceeding (3) The Division may take any measures it considers necessary to ensure the confidentiality of the proceeding despite the presence of an observer.
Refugee Appeal Division Rules — 61
Providing witness information 61 (1) If a party wants to call a witness, the party must provide the following witness information in writing to any other party and to the Division: (a) the witness’s contact information; (b) a brief statement of the purpose and substance of the witness’s testimony or, in the case of an expert witness, the expert witness’s brief signed summary of the testimony to be given; (c) the time needed for the witness’s testimony; (d) the party’s relationship to the witness; (e) in the case of an expert witness, a description of the expert witness’s qualifications; and (f) whether the party wants the witness to testify by means of live telecommunication. Proof witness information provided (2) The witness information provided to the Division must be accompanied by proof that it was provided to any other party. Time limit (3) Documents provided under this rule must be received by their recipients no later than 20 days before the date fixed for the hearing. Failure to provide witness information (4) If a party does not provide the witness information, the witness must not testify at the hearing unless the Division allows them to testify. Factors (5) In deciding whether to allow a witness to testify, the Division must consider any relevant factors, including (a) the relevance and probative value of the proposed testimony; and (b) the reason why the witness information was not provided.
Refugee Appeal Division Rules — 62
Requesting summons 62 (1) A party who wants the Division to order a person to testify at a hearing must make a request to the Division for a summons, either orally at a proceeding or in writing. Factors (2) In deciding whether to issue a summons, the Division must consider any relevant factors, including (a) the necessity of the testimony to a full and proper hearing; (b) the person’s ability to give that testimony; and (c) whether the person has agreed to be summoned as a witness. Using summons (3) If a party wants to use a summons, they must (a) provide the summons to the person by hand; (b) provide a copy of the summons to the Division, together with proof that it was provided to the person by hand; and (c) pay or offer to pay the person the applicable witness fees and travel expenses set out in Tariff A of the Federal Courts Rules .
Refugee Appeal Division Rules — 63
Cancelling summons 63 (1) If a person who is summoned to appear as a witness wants the summons cancelled, the person must make an application in writing to the Division. Application (2) The person must make the application in accordance with rule 37, but is not required to give evidence in an affidavit or statutory declaration.
Refugee Appeal Division Rules — 64
Arrest warrant 64 (1) If a person does not obey a summons to appear as a witness, the party who requested the summons may make a request to the Division orally at the hearing, or in writing, to issue a warrant for the person’s arrest. Written request (2) A party who makes a written request for a warrant must provide supporting evidence by affidavit or statutory declaration. Requirements for issue of arrest warrant (3) The Division must not issue a warrant unless (a) the person was provided the summons by hand or the person is avoiding being provided the summons; (b) the person was paid or offered the applicable witness fees and travel expenses set out in Tariff A of the Federal Courts Rules ; (c) the person did not appear at the hearing as required by the summons; and (d) the person’s testimony is still needed for a full and proper hearing. Content of warrant (4) A warrant issued by the Division for the arrest of a person must include directions concerning detention or release.
Refugee Appeal Division Rules — 65
Excluded witness 65 If the Division excludes a witness from a hearing room, no person may communicate to the witness any evidence given while the witness was excluded unless allowed to do so by the Division or until the witness has finished testifying.
Refugee Appeal Division Rules — 66
Application to change location 66 (1) A party may make an application to the Division to change the location of a hearing. Form and content of application (2) The party must make the application in accordance with rule 37, but is not required to give evidence in an affidavit or statutory declaration. Time limit (3) Documents provided under this rule must be received by their recipients no later than 20 days before the date fixed for the hearing. Factors (4) In deciding the application, the Division must consider any relevant factors, including (a) whether the party is residing in the location where the party wants the hearing to be held; (b) whether a change of location would allow the hearing to be full and proper; (c) whether a change of location would likely delay the hearing; (d) how a change of location would affect the Division’s operation; (e) how a change of location would affect the parties; (f) whether a change of location is necessary in order to accommodate a vulnerable person; and (g) whether a hearing may be conducted by means of live telecommunication with the person who is the subject of the appeal. Duty to appear (5) Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the location fixed and be ready to start or continue the hearing.
Refugee Appeal Division Rules — 68
Abandonment after hearing scheduled 68 (1) In determining whether an appeal has been abandoned under subsection 168(1) of the Act after a date for a hearing has been fixed, the Division must give the appellant an opportunity to explain why the appeal should not be declared abandoned, (a) immediately, if the appellant is present at the hearing and the Division considers that it is fair to do so; or (b) in any other case, by way of a special hearing, after notifying the appellant in writing. Factors to consider (2) The Division must consider, in deciding if the appeal should be declared abandoned, the explanation given by the appellant and any other relevant factors, including the fact that the appellant is ready to start or continue the proceedings. Medical reasons (3) If the appellant is the person who is the subject of the appeal and the explanation includes medical reasons, other than those related to their counsel, they must provide, together with the explanation, the original of a legible, recently dated medical certificate signed by a qualified medical practitioner whose name and address are printed or stamped on the certificate. Content of certificate (4) The medical certificate must set out (a) the particulars of the medical condition, without specifying the diagnosis, that prevented the person from pursuing their appeal; and (b) the date on which the person is expected to be able to pursue their appeal. Failure to provide medical certificate (5) If a person who is the subject of an appeal fails to provide a medical certificate in accordance with subrules (3) and (4), the person must include in their explanation (a) particulars of any efforts they made to obtain the required medical certificate, supported by corroborating evidence; (b) particulars of the medical reasons included in the explanation, supported by corroborating evidence; and (c) an explanation of how the medical condition prevented them from pursuing their appeal. Start or continue proceedings (6) If the Division decides not to declare the appeal abandoned, it must start or continue the proceedings without delay.
Refugee Appeal Division Rules — Refugee Appeal Division Rules
S.C. 2001, c. 27 * 69 These Rules come into force on the day on which section 110 of the Immigration and Refugee Protection Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Rules in force December 15, 2012, see SI/2012-94.]
Regulations for the Redemption of One Cent Coins — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 9.01(1) a of the Currency Act b , makes the annexed Regulations for the Redemption of One Cent Coins . a S.C. 2012, c. 19, s. 389 b R.S., c. C-52
Regulations for the Redemption of One Cent Coins — 1
Authorization 1 The Minister is authorized to redeem one cent coins that are or that have at any time been current in Canada.
Regulations for the Redemption of One Cent Coins — 2
Coming into force 2 These Regulations come into force on the day of their registration.
Prospectus (Federal Credit Unions) Regulations — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 273.1(2) a of the Bank Act b , makes the annexed Prospectus (Federal Credit Unions) Regulations . a S.C. 2012, c. 5, s. 10 b S.C. 1991, c. 46
Prospectus (Federal Credit Unions) Regulations — 1
Contents 1 (1) The information to be disclosed before a distribution of securities of a federal credit union must be set out in a prospectus and must include the contents that are required for a prospectus under the legislation set out in column 2 of the schedule for the relevant jurisdiction set out in column 1. Procedures (2) The disclosure must be made in accordance with the procedures for disclosure by prospectus that are required under the legislation set out in column 2 of the schedule for the relevant jurisdiction set out in column 1. Form (3) The information to be disclosed must be in the form that is required for a prospectus under the legislation set out in column 2 of the schedule for the relevant jurisdiction set out in column 1.
Prospectus (Federal Credit Unions) Regulations — 2
Other requirements 2 In addition to the requirements set out in section 1, a prospectus filed under any legislation set out in column 2 of the schedule must comply with any other requirements that are set out in that legislation.
Prospectus (Federal Credit Unions) Regulations — 3
Exemption from provincial requirements 3 A person that has been exempted under the legislation set out in column 2 of the schedule for the relevant jurisdiction set out in column 1, or by the relevant provincial regulator, from any prospectus requirements under that legislation is also exempt from those requirements for the purposes of sections 1 and 2.
Prospectus (Federal Credit Unions) Regulations — 4
Exemption from requirement to provide prospectus 4 A federal credit union that is exempt under section 3 from the requirement to provide a prospectus must comply with the requirements set out in sections 5 to 9 in respect of a distribution of its securities to any of its members who are individuals, other than an issuance of shares as a dividend or patronage allocation under subsection 79(1) of the Bank Act .
Prospectus (Federal Credit Unions) Regulations — 5
Manner 5 Any disclosure that is required to be made by a federal credit union under these Regulations must be made in language that is clear and simple and in a manner that is not misleading.
Prospectus (Federal Credit Unions) Regulations — 7
Oral disclosure before distribution 7 (1) Before a federal credit union enters into an agreement with one of its members respecting the distribution of its securities, it must provide the member with the information referred to in subparagraphs 6(1)(a)(ii) and (iii) and paragraphs 6(1)(e) and (i) orally, by means of a person who is knowledgeable about the terms and conditions of the security. Exception — agreements by electronic means (2) If an agreement referred to in subsection (1) is entered into by electronic means, the federal credit union is not required to comply with that subsection, but it must, before entering into the agreement, provide the member with the telephone number of a person who is knowledgeable about the terms and conditions of the security.
Prospectus (Federal Credit Unions) Regulations — 8
Other disclosure 8 The document referred to in section 6 must also be disclosed by a federal credit union (a) on each of its websites through which products or services are offered in Canada; and (b) in written format to be sent to any person who requests it.
Prospectus (Federal Credit Unions) Regulations — 9
Advertisements — required content 9 (1) In each of its advertisements for its securities, a federal credit union must disclose how the public may obtain information about the securities and must state that the securities are not eligible for deposit insurance coverage by the Canada Deposit Insurance Corporation. Market performance (2) A federal credit union that uses past market performance in an advertisement for a security must represent that performance fairly, must base any hypothetical examples used in the advertisement on realistic assumptions that are disclosed in the advertisement and must state in the advertisement that past market performance is not an indicator of future market performance.
Prospectus (Federal Credit Unions) Regulations — S.C. 2012, c. 5
S.C. 2012, c. 5 * 10 These Regulations come into force on the day on which section 10 of the Financial System Review Act comes into force. * [Note: Regulations in force December 19, 2012, see SI/2012-99.]