GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Electricity and Gas Inspection Act — E-4 36
Offence by employee or agent or mandatary 36 (1) In any prosecution for an offence under this Act it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission. Limitation period (2) Any proceedings by way of summary conviction pursuant to this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose. Trial of offences (3) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. Prosecution of unincorporated body (4) A prosecution for an offence under this Act may be brought against and in the name of an unincorporated body that is a contractor and, for the purposes of that prosecution, the body is deemed to be a person and any act or thing done or omitted by any officer or agent or mandatary of the body within the scope of their authority to act on behalf of the body is deemed to be an act or thing done or omitted by the body. Idem (5) For the purposes of subsection (4), a prosecution against a body may be brought against it in the name by which the body is commonly known or in which any undertaking to supply electricity or gas to a purchaser is given by the body. R.S., 1985, c. E-4, s. 36; 2011, c. 21, s. 126(E)
Electricity and Gas Inspection Act — E-4 37
Certificates of inspectors 37 (1) In any prosecution for an offence under this Act or any other proceeding to which the legislative jurisdiction of Parliament extends, a certificate purporting to have been given by an inspector pursuant to this Act and to have been signed by the inspector who made the examination, investigation or test is evidence of the matters stated therein relating to the examination, investigation or test without proof of the signature or the official character or the capacity of the person appearing to have signed the certificate. Attendance of inspector (2) The party against whom a certificate of an inspector is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination. No admissibility without notice (3) No certificate shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate. 1980-81-82-83, c. 87, s. 36
Electricity and Gas Inspection Act — E-4 38
Evidence of registration certificate 38 (1) Subject to subsection (2), on the trial of an offence consisting of a contravention of subsection 6(2) or (3), any document purporting to be a certificate of registration issued under the authority of subsection 6(2) shall, in the absence of evidence to the contrary, be deemed to be such a certificate. Notice required (2) Subsection (1) does not apply to any document unless the party intending to produce it at the trial referred to in that subsection has given to the party against whom the document is intended to be produced reasonable notice of that intention together with a copy of the document. 1980-81-82-83, c. 87, s. 37
Electricity and Gas Inspection Act — E-4 39
Order of the Governor in Council 39 (1) Subject to subsection (2) and sections 40 to 43, the Governor in Council may, by order, provide for the application of any provisions of this Act, with any necessary adaptations specified in the order, in relation to (a) any apparatus or class, type or design of apparatus by means of which (i) a meter registers, a reading therefrom is obtained or the basis of a charge for electricity or gas is established from that reading, (ii) measurements respecting the extraction of natural gas are made to obtain the basis of any royalty or charge therefor, or (iii) a supply of electricity or gas is metered in any case not referred to in subsection 9(1); or (b) any supply or class or type of supply of any energy whatever or source thereof in such a form that the use of a meter in respect thereof was not contemplated by approval granted under subsection 9(4) before the making of the order. Provincial government’s request needed (2) An order made under subsection (1) with respect to apparatus used to obtain the basis of any royalty or charge referred to in subparagraph (1)(a)(ii) that is due to Her Majesty in right of any province, or to any other person, shall not have effect with respect to any such apparatus in a province unless, at the request of the government thereof, the order is, by its terms, expressed to have that effect. Application of subsections 28(2) and (3) (3) Subsections 28(2) and (3) shall, with any necessary adaptations, apply in respect of a proposed order under subsection (1) as they apply in respect of a proposed regulation. 1980-81-82-83, c. 87, s. 38
Electricity and Gas Inspection Act — E-4 40
Tabling order 40 (1) An order made pursuant to paragraph 39(1)(b) shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is issued. Coming into force of order (2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day of Parliament after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House. Consideration of motion (3) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion unless a motion to the like effect has earlier been taken up and considered in the other House. Definition of “sitting day of Parliament” (4) For the purposes of subsections (1) and (2), sitting day of Parliament means a day on which either House of Parliament sits. 1980-81-82-83, c. 87, s. 39
Electricity and Gas Inspection Act — E-4 41
Time for disposition of motion 41 (1) A motion taken up and considered in accordance with subsection 40(3) shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion. Procedure on adoption of motion (2) If a motion taken up and considered in accordance with subsection 40(3) is adopted, with or without amendments, a message shall be sent from the House of Parliament adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House. Procedure in other House (3) Within the first fifteen days next after receipt by it of a request pursuant to subsection (2) that the House of Parliament receiving the request is sitting, that House shall take up and consider the motion that is the subject of the request and all questions in connection therewith shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of that House shall forthwith, without further debate or amendment, put every question necessary to determine whether or not the motion in question is concurred in. 1980-81-82-83, c. 87, s. 39
Electricity and Gas Inspection Act — E-4 42
Where motion adopted and concurred in 42 (1) Where a motion taken up and considered in accordance with sections 40 and 41 is adopted by the House of Parliament in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature pursuant to paragraph 39(1)(b). Where motion not adopted or concurred in (2) Where a motion taken up and considered in accordance with sections 40 and 41 is not adopted by the House of Parliament in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force immediately on the failure to adopt the motion or concur therein, as the case may be. 1980-81-82-83, c. 87, s. 39
Electricity and Gas Inspection Act — E-4 43
Negative resolution of Parliament 43 When each House of Parliament enacts rules whereby any regulation made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, sections 40 to 42 of this Act are thereupon repealed and an order made thereafter pursuant to paragraph 39(1)(b) is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act . 1980-81-82-83, c. 87, s. 40
Electricity and Gas Inspection Act — E-4 44
Binding on Her Majesty 44 This Act is binding on Her Majesty in right of Canada or a province. 1980-81-82-83, c. 87, s. 2
Electricity and Gas Inspection Act — E-4 45
Repeals 45 The Electricity Inspection Act , chapter E-4 of the Revised Statutes of Canada, 1970, and the Gas Inspection Act , chapter G-2 of the Revised Statutes of Canada, 1970, are repealed. 1980-81-82-83, c. 87, s. 41
Electricity and Gas Inspection Act — E-4 46
Transitional 46 (1) Reference in this Act to a verified meter includes a meter that has, before the commencement of this Act, been verified in accordance with the Electricity Inspection Act , chapter E-4 of the Revised Statutes of Canada, 1970, or the Gas Inspection Act , chapter G-2 of the Revised Statutes of Canada, 1970, and with the regulations made thereunder. Idem (2) Any permission or approval granted by the Minister or director pursuant to section 8 or 9 of the Electricity Inspection Act , chapter E-4 of the Revised Statutes of Canada, 1970, or subsection 9(4) of the Gas Inspection Act , chapter G-2 of the Revised Statutes of Canada, 1970, and subsisting immediately before the commencement of this Act shall have effect as if granted under section 9 of this Act but, subject to subsection 11(4), the Minister may, if he deems it proper to do so, revoke any such permission or approval and thereupon subsection 11(3) shall apply accordingly. Idem (3) Where a contractor (a) sells electricity on the basis of measurement and holds a certificate of registration obtained under section 7 of the Electricity Inspection Act , chapter E-4 of the Revised Statutes of Canada, 1970, or (b) sells gas on the basis of measurement and holds a certificate of registration obtained under section 5 of the Gas Inspection Act , chapter G-2 of the Revised Statutes of Canada, 1970, the certificate shall, if it was valid immediately before the commencement of this Act, be deemed to have been issued under the authority of subsection 6(2) in respect of the supply of electricity or gas, as the case may be, and, on a trial referred to in section 38, any document purporting to be a certificate referred to in paragraph (a) or (b) shall, in the absence of evidence to the contrary, be deemed to be such a certificate but this subsection, in so far as it requires any such document to be deemed such a certificate, does not apply unless the party intending to produce the document at the trial has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the document. 1980-81-82-83, c. 87, s. 42
Electricity and Gas Inspection Act — E-4 Commencement
Commencement * 47 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation and different days may be so fixed for any such provision to come into force as regards electricity and gas, respectively. * [Note: Act in force January 25, 1986, see SI/86-20.] 1980-81-82-83, c. 87, s. 44
Electricity and Gas Inspection Act — E-4 29.1
Review 29.1 (1) The Minister of Industry must complete a review of the provisions and the operation of this Act within five years after it receives royal assent. Report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.
Employment Equity Act — E-5.401
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Employment Equity Act — E-5.401 1
Short title 1 This Act may be cited as the Employment Equity Act .
Employment Equity Act — E-5.401 2
Purpose of Act 2 The purpose of this Act is to achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and, in the fulfilment of that goal, to correct the conditions of disadvantage in employment experienced by women, Aboriginal peoples, persons with disabilities and members of visible minorities by giving effect to the principle that employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences. 1995, c. 44, s. 2; 2017, c. 26, s. 19(E)
Employment Equity Act — E-5.401 3
Definitions 3 In this Act, Aboriginal peoples means persons who are Indians, Inuit or Métis; ( autochtones ) Canadian workforce means all persons in Canada of working age who are willing and able to work; ( population apte au travail ) Chairperson means the chairperson of the Canadian Human Rights Tribunal; ( président ) Commission means the Canadian Human Rights Commission established under section 26 of the Canadian Human Rights Act ; ( Commission ) compliance officer means a person designated as an employment equity compliance review officer pursuant to subsection 22(3); ( agent d’application ) designated groups means women, Aboriginal peoples, persons with disabilities and members of visible minorities; ( groupes désignés ) members of visible minorities means persons, other than Aboriginal peoples, who are non-Caucasian in race or non-white in colour; ( minorités visibles ) Minister 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; ( ministre ) Panel [Repealed, 1998, c. 9, s. 37] persons with disabilities means persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who (a) consider themselves to be disadvantaged in employment by reason of that impairment, or (b) believe that a employer or potential employer is likely to consider them to be disadvantaged in employment by reason of that impairment, and includes persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace; ( personnes handicapées ) prescribed means prescribed by the regulations; ( Version anglaise seulement ) private sector employer means any person who employs one hundred or more employees on or in connection with a federal work, undertaking or business as defined in section 2 of the Canada Labour Code and includes any corporation established to perform any function or duty on behalf of the Government of Canada that employs one hundred or more employees, but does not include (a) a person who employs employees on or in connection with a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut, or (b) a departmental corporation as defined in section 2 of the Financial Administration Act ; ( employeur du secteur privé ) representatives means (a) those persons who have been designated by employees to act as their representatives, or (b) bargaining agents, where bargaining agents represent the employees; ( représentants ) Tribunal means an Employment Equity Review Tribunal established by subsection 28(1). ( tribunal ) 1993, c. 28, s. 78; 1995, c. 44, s. 3; 1998, c. 9, s. 37, c. 15, s. 25; 2002, c. 7, s. 162(E); 2017, c. 26, s. 19(E)
Employment Equity Act — E-5.401
Aboriginal peoples means persons who are Indians, Inuit or Métis; ( autochtones )
Employment Equity Act — E-5.401
Canadian workforce means all persons in Canada of working age who are willing and able to work; ( population apte au travail )
Employment Equity Act — E-5.401
Chairperson means the chairperson of the Canadian Human Rights Tribunal; ( président )
Employment Equity Act — E-5.401
Commission means the Canadian Human Rights Commission established under section 26 of the Canadian Human Rights Act ; ( Commission )
Employment Equity Act — E-5.401
compliance officer means a person designated as an employment equity compliance review officer pursuant to subsection 22(3); ( agent d’application )
Employment Equity Act — E-5.401
designated groups means women, Aboriginal peoples, persons with disabilities and members of visible minorities; ( groupes désignés )
Employment Equity Act — E-5.401
members of visible minorities means persons, other than Aboriginal peoples, who are non-Caucasian in race or non-white in colour; ( minorités visibles )
Employment Equity Act — E-5.401
Minister 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; ( ministre )
Employment Equity Act — E-5.401 (a)
persons with disabilities means persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who (a) consider themselves to be disadvantaged in employment by reason of that impairment, or (b) believe that a employer or potential employer is likely to consider them to be disadvantaged in employment by reason of that impairment, and includes persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace; ( personnes handicapées )
Employment Equity Act — E-5.401
prescribed means prescribed by the regulations; ( Version anglaise seulement )
Employment Equity Act — E-5.401 (a)
private sector employer means any person who employs one hundred or more employees on or in connection with a federal work, undertaking or business as defined in section 2 of the Canada Labour Code and includes any corporation established to perform any function or duty on behalf of the Government of Canada that employs one hundred or more employees, but does not include (a) a person who employs employees on or in connection with a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut, or (b) a departmental corporation as defined in section 2 of the Financial Administration Act ; ( employeur du secteur privé )
Employment Equity Act — E-5.401 (a)
representatives means (a) those persons who have been designated by employees to act as their representatives, or (b) bargaining agents, where bargaining agents represent the employees; ( représentants )
Employment Equity Act — E-5.401
Tribunal means an Employment Equity Review Tribunal established by subsection 28(1). ( tribunal )
Employment Equity Act — E-5.401 5
Employer’s duty 5 Every employer shall implement employment equity by (a) identifying and eliminating employment barriers against persons in designated groups that result from the employer’s employment systems, policies and practices that are not authorized by law; and (b) instituting such positive policies and practices and making such reasonable accommodations as will ensure that persons in designated groups achieve a degree of representation in each occupational group in the employer’s workforce that reflects their representation in (i) the Canadian workforce, or (ii) those segments of the Canadian workforce that are identifiable by qualification, eligibility or geography and from which the employer may reasonably be expected to draw employees.
Employment Equity Act — E-5.401 6
Employer not required to take certain measures 6 The obligation to implement employment equity does not require an employer (a) to take a particular measure to implement employment equity where the taking of that measure would cause undue hardship to the employer; (b) to hire or promote persons who do not meet the essential qualifications for the work to be performed; (c) with respect to the public sector, to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit; or (d) to create new positions in its workforce. 1995, c. 44, s. 6; 2003, c. 22, s. 237
Employment Equity Act — E-5.401 7
Employment of Aboriginal peoples 7 Notwithstanding any other provision of this Act, where a private sector employer is engaged primarily in promoting or serving the interests of Aboriginal peoples, the employer may give preference in employment to Aboriginal peoples or employ only Aboriginal peoples, unless that preference or employment would constitute a discriminatory practice under the Canadian Human Rights Act . 1995, c. 44, s. 7; 2017, c. 26, s. 19(E)
Employment Equity Act — E-5.401 8
Certain rights not employment barriers 8 (1) Employee seniority rights with respect to a layoff or recall under a collective agreement or pursuant to the established practices of an employer are deemed not to be employment barriers within the meaning of this Act. Other seniority rights (2) Unless they are found to constitute a discriminatory practice under the Canadian Human Rights Act , employee seniority rights other than those referred to in subsection (1), including rights acquired under workforce adjustment policies implemented when an employer is downsizing or restructuring, under a collective agreement or pursuant to an established practice, are deemed not to be employment barriers within the meaning of this Act. Adverse impact on employment opportunities (3) Notwithstanding subsections (1) and (2), where, after a review under paragraph 9(1)(b), it appears that a right referred to in either of those subsections that is provided for under a collective agreement may have an adverse impact on the employment opportunities of persons in designated groups, the employer and its employees’ representatives shall consult with each other concerning measures that may be taken to minimize the adverse impact. Public sector (4) The following are not, in relation to the public sector, employment barriers within the meaning of the Act, namely, (a) priorities for appointment under the Public Service Employment Act or regulations made by the Public Service Commission; and (b) workforce adjustment measures established by the Treasury Board, including measures set out in agreements relating to workforce adjustment, or by the Public Service Commission or any other portion of the public sector referred to in paragraphs 4(1)(c) and (d). 1995, c. 44, s. 8; 2003, c. 22, s. 164