GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Referendum Act — R-4.7 No amendment to apply for six months, except after notice
No amendment to apply for six months, except after notice * 42 (1) No amendment to this Act applies for any purpose within six months after the day on which the amendment comes into force unless, before the expiration of those six months, the Chief Electoral Officer has published in the Canada Gazette a notice that the necessary preparations for the bringing into operation of the amendment have been made, in which case the amendment shall apply for all purposes of this Act on and after the day specified in the notice, which day may not be before the day on which the notice is published. No writ within first three months unless notice (2) No writ of referendum may be issued within three months after the day on which this Act comes into force unless, before the expiration of those three months, the Chief Electoral Officer has published in the Canada Gazette a notice that the necessary preparations for the bringing into operation of this Act have been made. * [Note: Notice given August 27, 1992, see Canada Gazette Part I, Volume 126, page 2746.]
Referendum Act — R-4.7
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Referendum Act — R-4.7
ELIZABETH THE SECOND , by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith.
Referendum Act — R-4.7
WHEREAS, pursuant to section 3 of the Referendum Act , His Excellency in Council has issued a Proclamation of Referendum directing that the opinion of electors be obtained with respect to the following question(s):
Referendum Act — R-4.7
WE COMMAND YOU, that notice of the time and place of the referendum having been duly given, that is the . . . . . . . day of . . . . . . . . 19. . ,
Referendum Act — R-4.7
YOU DO CAUSE the referendum to be held according to law for the said electoral district in the Province aforesaid respecting the foregoing question(s);
Referendum Act — R-4.7
AND YOU DO CAUSE the results of the referendum to be reported to the Chief Electoral Officer as soon thereafter as possible.
Referendum Act — R-4.7
Witness : . . . . . . . . . . . , Deputy of Our Right Trusty Well-beloved . . . . . . . . . , Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit upon whom We have conferred Our Canadian Forces’ Decoration, GOVERNOR GENERAL AND COMMANDER-IN-CHIEF OF CANADA.
Referendum Act — R-4.7
At Our City of Ottawa, on . . . . . . . . and in the . . . . year of Our Reign.
Regional Development Incentives Act — R-4.9 1
Short title 1 This Act may be cited as the Regional Development Incentives Act . 1968-69, c. 56, s. 1
Regional Development Incentives Act — R-4.9 2
Definitions 2 In this Act applicant means an applicant for a development incentive or an applicant for a loan guarantee under this Act; ( requérant ) approved capital costs means the capital costs, as determined by the Minister, of (a) establishing, expanding or modernizing a facility in respect of which a development incentive is authorized or a loan guarantee is authorized under this Act, or (b) establishing a commercial facility in respect of which a loan guarantee is authorized under this Act; ( coût d’immobilisation approuvé ) capital to be employed in the operation means, in relation to the establishment or expansion of a facility, the aggregate of (a) the approved capital costs, (b) the value, as accepted by the Minister, of the fixed assets that are to be employed in the operation and that are not included in the approved capital costs, and (c) such amount in respect of the working capital required for the purposes of the operation as is approved by the Minister; ( capital affecté à l’entreprise ) commercial facility means the structures, machinery and equipment that constitute the necessary components of a commercial operation; ( établissement commercial ) designated region means a region designated pursuant to section 3; ( région désignée ) development incentive means a primary development incentive, a secondary development incentive or a special development incentive described in section 4; ( subvention au développement ) facility means the structures, machinery and equipment that constitute the necessary components of a manufacturing or processing operation, other than an initial processing operation in a resource-based industry; ( établissement ) Minister , in relation to any class of matters to which this Act extends in any province or region of a province, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act in relation to that class of matters in that province or region of a province; ( ministre ) operation means, (a) in relation to a facility, the manufacturing or processing operation of which the facility constitutes the necessary components, and (b) in relation to a commercial facility, the commercial undertaking of which the commercial facility constitutes the necessary components; ( entreprise ) total capital costs means (a) the approved capital costs, (b) the value, as accepted by the Minister, of the fixed assets that are to be employed in the operation and that are not included in the approved capital costs, and (c) the value, as accepted by the Minister, of the capitalized expenses incurred in bringing a new facility or commercial facility into commercial production or operation or in bringing an expanded or modernized facility into commercial production. ( coût d’immobilisation total ) R.S., 1970, c. R-3, s. 2; R.S., 1970, c. 25(2nd Supp.), s. 1; 1980-81-82-83, c. 167, s. 34; 1988, c. 17, s. 16
Regional Development Incentives Act — R-4.9
applicant means an applicant for a development incentive or an applicant for a loan guarantee under this Act; ( requérant )
Regional Development Incentives Act — R-4.9 (a)
approved capital costs means the capital costs, as determined by the Minister, of (a) establishing, expanding or modernizing a facility in respect of which a development incentive is authorized or a loan guarantee is authorized under this Act, or (b) establishing a commercial facility in respect of which a loan guarantee is authorized under this Act; ( coût d’immobilisation approuvé )
Regional Development Incentives Act — R-4.9 (a)
capital to be employed in the operation means, in relation to the establishment or expansion of a facility, the aggregate of (a) the approved capital costs, (b) the value, as accepted by the Minister, of the fixed assets that are to be employed in the operation and that are not included in the approved capital costs, and (c) such amount in respect of the working capital required for the purposes of the operation as is approved by the Minister; ( capital affecté à l’entreprise )
Regional Development Incentives Act — R-4.9
commercial facility means the structures, machinery and equipment that constitute the necessary components of a commercial operation; ( établissement commercial )
Regional Development Incentives Act — R-4.9
designated region means a region designated pursuant to section 3; ( région désignée )
Regional Development Incentives Act — R-4.9
development incentive means a primary development incentive, a secondary development incentive or a special development incentive described in section 4; ( subvention au développement )
Regional Development Incentives Act — R-4.9
facility means the structures, machinery and equipment that constitute the necessary components of a manufacturing or processing operation, other than an initial processing operation in a resource-based industry; ( établissement )
Regional Development Incentives Act — R-4.9
Minister , in relation to any class of matters to which this Act extends in any province or region of a province, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act in relation to that class of matters in that province or region of a province; ( ministre )
Regional Development Incentives Act — R-4.9 (a)
operation means, (a) in relation to a facility, the manufacturing or processing operation of which the facility constitutes the necessary components, and (b) in relation to a commercial facility, the commercial undertaking of which the commercial facility constitutes the necessary components; ( entreprise )
Regional Development Incentives Act — R-4.9 (a)
total capital costs means (a) the approved capital costs, (b) the value, as accepted by the Minister, of the fixed assets that are to be employed in the operation and that are not included in the approved capital costs, and (c) the value, as accepted by the Minister, of the capitalized expenses incurred in bringing a new facility or commercial facility into commercial production or operation or in bringing an expanded or modernized facility into commercial production. ( coût d’immobilisation total )
Regional Development Incentives Act — R-4.9 3
Designation of regions 3 (1) Subject to subsection (2), the Governor in Council, after consultation with the government of any province or provinces, may for the purposes of this Act by order designate as a designated region, for the period set out in the order, any region comprising the whole of that province or those provinces, or any portion thereof not less than 12 500 square kilometres in size, that is determined to require special measures to facilitate economic expansion and social adjustment. Criteria for designation (2) A region may be designated pursuant to subsection (1) only if the Governor in Council, upon the report of the Minister, is satisfied that (a) existing opportunities for productive employment in the region are exceptionally inadequate; and (b) the provision of development incentives under this Act for the establishment of new facilities or the expansion or modernization of existing facilities in the region will make a significant contribution to economic expansion and social adjustment within the region. R.S., 1970, c. R-3, s. 3; 1976-77, c. 55, s. 7
Regional Development Incentives Act — R-4.9 4
Incentives for new and existing facilities 4 Upon application therefor to the Minister by an applicant proposing to establish a new facility or to expand or modernize an existing facility in a designated region, the Minister may authorize the provision to the applicant, subject to this Act and upon such terms and conditions as are prescribed by the regulations, of (a) a primary development incentive by way of financial assistance to the applicant for the establishment, expansion or modernization of the facility; (b) in the case of a proposal to establish a new facility or to expand an existing facility to enable the manufacturing or processing of a product not previously manufactured or processed in the operation, a secondary development incentive by way of additional financial assistance to the applicant for the establishment of the new facility or the expansion of the existing facility for that purpose; and (c) a special development incentive by way of financial assistance to the applicant for the establishment, expansion or modernization of the facility. R.S., 1970, c. R-3, s. 4; R.S., 1970, c. 25(2nd Supp.), s. 2
Regional Development Incentives Act — R-4.9 5
Maximum primary development incentive 5 (1) The amount of a primary development incentive shall be based on the approved capital costs of establishing, expanding or modernizing the facility in respect of which the primary development incentive is authorized and shall not exceed (a) 20% of those approved capital costs, or (b) $6,000,000, whichever is the lesser amount. Maximum secondary development incentive (2) The amount of a secondary development incentive shall be based on the approved capital costs of establishing or expanding the facility in respect of which the secondary development incentive is authorized and on the number of jobs created directly in the operation and shall not exceed (a) 5% of those approved capital costs, plus (b) $5,000 for each job determined by the Minister to have been created directly in the operation. Maximum special development incentive (3) The amount of a special development incentive shall be based (a) on the approved capital costs of establishing, expanding or modernizing the facility in respect of which the special development incentive is authorized, or (b) where such incentive is authorized in respect of a new facility or for the expansion of an existing facility to enable the manufacturing or processing of a product not previously manufactured or processed in the operation, on the approved capital costs of establishing or expanding the facility and on the number of jobs created directly in the operation, and shall not exceed, (c) in a case to which paragraph (a) applies and to which paragraph (b) does not apply, 10% of those approved capital costs, or (d) in a case to which paragraph (b) applies, (i) 10% of those approved capital costs, plus (ii) $2,000 for each job determined by the Minister to have been created directly in the operation. Maximum incentive or combined incentive in certain cases (4) No development incentive or combination of development incentives authorized in respect of a new facility or for the expansion of an existing facility to enable the manufacturing or processing of a product not previously manufactured or processed in the operation shall exceed the lesser of (a) $30,000 for each job determined by the Minister to have been created directly in the operation, and (b) one-half of the capital to be employed in the operation. R.S., 1970, c. R-3, s. 5; R.S., 1970, c. 25(2nd Supp.), s. 3
Regional Development Incentives Act — R-4.9 6
Criteria for determining amount of incentive 6 Subject to this Act, the Minister may authorize the provision of a development incentive in the maximum amount provided for by this Act or in any lesser amount, and in determining whether to authorize the provision of a development incentive in the maximum amount so provided for or in any lesser amount, the Minister shall take into consideration the following factors: (a) the extent of the contribution that the establishment, expansion or modernization of the facility would make to economic expansion and social adjustment in the designated region; (b) the probable cost to provincial, municipal or other public authorities of providing services or utilities required for or in connection with the facility; (c) the amount or present value of any federal, provincial or municipal assistance given or to be given, other than under this Act, in respect of the establishment, expansion or modernization of the facility; (d) the probable cost of preventing or eliminating any significant air, water or other pollution that could result from the establishment, expansion or modernization of the facility; (e) in the case of any proposal to establish or expand a facility constituting the necessary components of a processing operation, whether the resources to be exploited would be adequate, on a sustained-yield basis, to support the facility together with existing facilities that utilize the same resources; and (f) such other factors relating to the economic and social benefits and costs of the facility as the Minister considers relevant. 1968-69, c. 56, s. 6
Regional Development Incentives Act — R-4.9 7
Ineligible facilities 7 (1) No development incentive may be authorized under this Act for the establishment, expansion or modernization of any facility if, in the opinion of the Minister, (a) it is probable that the facility would be established, expanded or modernized without the provision of such an incentive; or (b) the establishment, expansion or modernization of the facility would not make a significant contribution to economic expansion and social adjustment within the designated region. Idem (2) No development incentive may be authorized under this Act for the establishment, expansion or modernization of any facility the capital costs of which would not, in the opinion of the Minister, exceed such minimum amount as is prescribed by the regulations. 1968-69, c. 56, s. 7
Regional Development Incentives Act — R-4.9 8
Servicing expenditures as approved capital costs 8 (1) In calculating the amount of any development incentive for the establishment, expansion or modernization of any facility, there may be included in the approved capital costs of establishing, expanding or modernizing the facility any capital expenditures made by the applicant to provincial, municipal or other public authorities for the provision of services or utilities required for or in connection with the facility, if the Minister is of the opinion that the expenditures were reasonably and responsibly made, but no such expenditures shall be so included in excess of 20% of the total amount of the approved capital costs of establishing, expanding or modernizing the facility, after deducting from those approved capital costs all federal, provincial and municipal grants or other financial assistance made or to be made in connection therewith or for which the applicant would ordinarily have been eligible by reason of the establishment, expansion or modernization of the facility. Limitation re capital to be employed in the operation (2) In calculating the amount of any secondary development incentive for the expansion of any facility, there may be included in the capital to be employed in the operation only such part of that capital as is to be employed in connection with the manufacturing or processing of a product not previously manufactured or processed in the operation. 1968-69, c. 56, s. 8
Regional Development Incentives Act — R-4.9 9
Prior contractual commitment 9 (1) No development incentive may be authorized under this Act for the establishment, expansion or modernization of a facility for which a contractual commitment was made, whether or not the commitment remains in force, before (a) the 1st day of July 1969, or (b) the day on which an application for the development incentive is received by the Minister, whichever is the later date. Exception (2) Notwithstanding subsection (1), where an application for a development incentive is received by the Minister before the 1st day of January 1970 in respect of a facility for which a contractual commitment was made on or after the 1st day of July 1969, provision of the development incentive may be authorized and the development incentive may be paid in accordance with this Act as if the contractual commitment had not been so made. Time limitation (3) No primary development incentive or secondary development incentive may be provided under this Act (a) for the establishment of a facility that is not brought into commercial production until after the 31st day of December, 1984; or (b) in the case of the expansion or modernization of a facility, if the expanded or modernized facility is not brought into commercial production until after the 31st day of December, 1984. Idem (3.1) No special development incentive may be provided under this Act (a) for the establishment of a facility that is not brought into commercial production until after the 31st day of December 1973, or (b) in the case of the expansion or modernization of a facility, if the expanded or modernized facility is not brought into commercial production until after the 31st day of December 1973, unless, in the opinion of the Minister, the facility or the expanded or modernized facility was not brought into commercial production until after the 31st day of December 1973 for reasons beyond the control of the applicant. Insurance (3.2) No development incentive may be provided under this Act unless, at the request of the Minister or at such times as are provided by the regulations, the applicant therefor provides to the Minister evidence that the facility in respect of which the development incentive is authorized is insured to the satisfaction of the Minister or in accordance with the regulations. Where incentive previously authorized (4) No development incentive may be authorized for the modernization of any facility in respect of which a development incentive has previously been authorized under this Act. R.S., 1970, c. R-3, s. 9; R.S., 1970, c. 25(2nd Supp.), s. 4; 1974-75-76, c. 84, s. 1; 1980-81-82-83, c. 14, s. 1
Regional Development Incentives Act — R-4.9 10
Time for payment of development incentives 10 When the Minister is satisfied that a facility for the establishment, expansion or modernization of which a development incentive has been authorized, the amount of which was based on (a) the approved capital costs of establishing, expanding or modernizing the facility, or (b) the approved capital costs of establishing or expanding the facility and the number of jobs created directly in the operation, has been brought into commercial production or, in the case of a facility for the expansion or modernization of which a development incentive has been authorized, the expanded or modernized facility has been brought into commercial production, the Minister shall pay to the applicant an amount on account of the development incentive not exceeding 80% of the amount estimated by the Minister to be the amount of the development incentive, and the remainder of the incentive shall be paid in such amounts and within such period, (c) not longer than 30 months from the day the facility or the expanded or modernized facility was brought into commercial production, in a case to which paragraph (a) applies and to which paragraph (b) does not apply, or (d) not longer than 42 months from the day the facility or the expanded facility was brought into commercial production, in a case to which paragraph (b) applies, as are prescribed by the regulations. R.S., 1970, c. R-3, s. 10; R.S., 1970, c. 25(2nd Supp.), s. 5
Regional Development Incentives Act — R-4.9 11
Where region ceases to be designated 11 Where, before a facility for the establishment of which a development incentive was authorized is brought into commercial production or, in the case of a facility for the expansion or modernization of which a development incentive was authorized, before the expanded or modernized facility is brought into commercial production, the region in which the facility or the expanded or modernized facility is or is to be situated ceases to be a designated region, no amount on account of the development incentive shall be paid under this Act (a) unless the facility or the expanded or modernized facility is brought into commercial production within 18 months after the region ceases to be a designated region; or (b) in any other case, unless the Minister is satisfied that (i) substantial progress was made in establishing, expanding or modernizing the facility before the region ceased to be a designated region, and (ii) after the region ceased to be a designated region, the establishment, expansion or modernization of the facility was completed with all reasonable speed. R.S., 1970, c. R-3, s. 11; R.S., 1970, c. 25(2nd Supp.), s. 6
Regional Development Incentives Act — R-4.9 12
Incentive exempt from income tax 12 An amount payable to an applicant on account of a development incentive under this Act is exempt from income tax. 1968-69, c. 56, s. 12