GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Tribunal Act — C-36.4 7
Oath of office 7 (1) Every member of the Tribunal shall, before entering on the duties of his office, take an oath that he will duly and faithfully, and to the best of his skill and knowledge, execute the powers and trusts reposed in him as a member of the Tribunal. How administered (2) The oath referred to in subsection (1) shall be administered to the Chairman of the Tribunal before the Chief Justice of the Federal Court, and to the other members by the Chairman, or in his absence or incapacity, by any other member.
Competition Tribunal Act — C-36.4 8
Jurisdiction 8 (1) The Tribunal has jurisdiction to hear and dispose of all applications made under Part VII.1 or VIII of the Competition Act and any related matters, as well as any matter under Part IX of that Act that is the subject of a reference under subsection 124.2(2) of that Act. Powers (2) The Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record. Power to penalize (3) No person shall be punished for contempt of the Tribunal unless a judicial member is of the opinion that the finding of contempt and the punishment are appropriate in the circumstances. R.S., 1985, c. 19 (2nd Supp.), s. 8; 1999, c. 2, s. 41; 2002, c. 16, s. 16.1
Competition Tribunal Act — C-36.4 8.1
Costs 8.1 (1) The Tribunal may award costs of proceedings before it in respect of reviewable matters under Parts VII.1 and VIII of the Competition Act on a final or interim basis, in accordance with the provisions governing costs in the Federal Court Rules, 1998 . Payment (2) The Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed. No award against the Crown (3) Despite any other Act of Parliament, the Tribunal shall not award costs against His Majesty in right of Canada unless it is satisfied (a) that an award is necessary to maintain confidence in the administration of justice; or (b) that the absence of an award would have a substantial adverse effect on the other party’s ability to carry on business. Costs adjudged to Her Majesty in right of Canada (4) Costs adjudged to Her Majesty in right of Canada shall not be disallowed or reduced on taxation by reason only that counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of Her Majesty in right of Canada performing those services in the discharge of that counsel’s duty and remunerated for those services by salary, or for that or any other reason was not entitled to recover any costs from Her Majesty in right of Canada in respect of the services so rendered. Amounts to Receiver General (5) Any money or costs awarded to Her Majesty in right of Canada in a proceeding in respect of which this section applies shall be paid to the Receiver General. 2002, c. 16, s. 17 2024, c. 15, s. 266
Competition Tribunal Act — C-36.4 9
Court of record 9 (1) The Tribunal is a court of record and shall have an official seal which shall be judicially noticed. Proceedings (2) All proceedings before the Tribunal shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit. Interventions by persons affected (3) Any person may, with leave of the Tribunal, intervene in any proceedings before the Tribunal, other than proceedings under Part VII.1 of the Competition Act , to make representations relevant to those proceedings in respect of any matter that affects that person. Summary dispositions (4) On a motion from a party to an application made under Part VII.1 or VIII of the Competition Act , a judicial member may hear and determine the application in a summary way, in accordance with any rules on summary dispositions. Decision (5) The judicial member may dismiss the application in whole or in part if the member finds that there is no genuine basis for it. The member may allow the application in whole or in part if satisfied that there is no genuine basis for the response to it. R.S., 1985, c. 19 (2nd Supp.), s. 9; 1999, c. 2, s. 42; 2002, c. 16, s. 18
Competition Tribunal Act — C-36.4 10
Sittings of Tribunal 10 (1) Subject to section 11, every application to the Tribunal shall be heard before not less than three or more than five members sitting together, at least one of whom is a judicial member and at least one of whom is a lay member. Judicial member to preside at hearings (2) The Chairman shall designate a judicial member to preside at any hearing or, if the Chairman is present at a hearing, may preside himself. Prohibition where financial interest (3) No member shall take part in any matter before the Tribunal in which the member has a direct or indirect financial interest.
Competition Tribunal Act — C-36.4 11
Hearing of applications 11 (1) The Chairman of the Tribunal, sitting alone, or a judicial member designated by the Chairman, sitting alone, may hear and dispose of applications under subsection 100(1), section 103.1 or 103.3 or subsection 104(1) or 123.1(1) of the Competition Act and any related matters. Administrative remedies (2) Applications for orders under Part VII.1 of the Competition Act and any related matters shall be heard and disposed of by the Chairman of the Tribunal, sitting alone, or by a judicial member designated by the Chairman, sitting alone. R.S., 1985, c. 19 (2nd Supp.), s. 11; 1999, c. 2, s. 43; 2000, c. 15, s. 16; 2002, c. 16, s. 19; 2009, c. 2, s. 441
Competition Tribunal Act — C-36.4 12
Questions of law, fact, mixed law and fact 12 (1) In any proceedings before the Tribunal, (a) questions of law shall be determined only by the judicial members sitting in those proceedings; and (b) questions of fact or mixed law and fact shall be determined by all the members sitting in those proceedings. Where there are differing opinions (2) In any proceedings before the Tribunal, (a) in the event of a difference of opinion among the members determining any question, the opinion of the majority shall prevail; and (b) in the event of an equally divided opinion among the members determining any question, the presiding member may determine the question. Where member unable to take part in judgment (3) Where a member of the Tribunal is unable to take part in the giving of judgment in any proceedings or has died, the other members sitting in those proceedings may, whether or not they include a judicial member or a lay member, give judgment and, for that purpose, shall be deemed to constitute the Tribunal.
Competition Tribunal Act — C-36.4 13
Appeal 13 (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court. Questions of fact (2) An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal. R.S., 1985, c. 19 (2nd Supp.), s. 13; 2002, c. 8, s. 130
Competition Tribunal Act — C-36.4 15
Sittings 15 The Tribunal may sit at such times and at such places throughout Canada as it considers necessary or desirable for the proper conduct of its business.
Competition Tribunal Act — C-36.4 16
Rules 16 (1) Subject to the approval of the Governor in Council, the Tribunal may make general rules that are not inconsistent with this Part or the Competition Act (a) for regulating the practice and procedure of the Tribunal; and (b) for carrying out the work of the Tribunal and the management of its internal affairs. When effective (2) No rule made under this section has effect until it has been published in the Canada Gazette . Tabling of rules (3) A copy of every rule made under this section shall be laid before Parliament on any of the first fifteen days after the making thereof that either House of Parliament is sitting. Quorum (4) Five members of the Tribunal, at least three of whom are judicial members, constitute a quorum of the Tribunal for the purpose of making rules under this section. R.S., 1985, c. 19 (2nd Supp.), s. 16; 2014, c. 20, s. 448
Competition Tribunal Act — C-36.4 17
Advance publication of rules and amendments 17 Where the Tribunal proposes to make any rule under section 16, it (a) shall give notice of the proposal by publishing it in the Canada Gazette and shall, in the notice, invite any interested person to make representations to it in writing with respect thereto within sixty days after the day of the publication; and (b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the Governor in Council, implement the proposal either as originally published or as revised in such manner as the Tribunal deems advisable having regard to any representations so made to it.
Competition Tribunal Act — C-36.4 59
References to s. 114 of Canada Corporations Act 59 (1) Wherever in any Act of Parliament a reference is made to section 114 of the Canada Corporations Act , chapter C-32 of the Revised Statutes of Canada, 1970, in respect of a company or corporation, sections 229 to 234, 236 to 240 and 242 of the Canada Business Corporations Act apply, with such modifications as the circumstances require, in respect of that company or corporation. Interpretation (2) In construing the sections of the Canada Business Corporations Act made applicable to a company or corporation under this section, in the case of a company, or corporation, incorporated without share capital, security holder , or registered holder or beneficial owner in relation to a security, means a member of the company or corporation. Powers of Directors (3) A Director or Deputy Director appointed under section 260 of the Canada Business Corporations Act may, for the purpose of giving effect to this section with respect to the application of sections 229 to 234, 236 to 240 and 242 of that Act, exercise the powers and perform the functions and duties of the Director under those sections. R.S., 1985, c. 19 (2nd Supp.), s. 59; 1994, c. 24, s. 34(F)
Competition Tribunal Act — C-36.4 60
60 (1) [Repealed, SI/91-111] Old law applicable (2) For the purposes of any inquiry or other matter or proceeding referred to in subsection (1), the Combines Investigation Act and any other Act of Parliament amended by this Act shall be read as if this Act had not come into force. Members of the Commission may be appointed to Tribunal (3) While the members continue in office in accordance with this section, they may, if so appointed, hold office as members of the Competition Tribunal, but any person who, pursuant to this subsection, holds more than one office is entitled to be remunerated only in respect of one of those offices. Termination (4) The Governor in Council may, by proclamation, repeal subsection (1) when the Governor in Council is satisfied that the Commission no longer has any inquiry or other matter or proceeding referred to in subsection (1) before it and that the Commission has reported to the Minister of Consumer and Corporate Affairs in respect of all inquiries before it. R.S., 1985, c. 19 (2nd Supp.), s. 60; SI/91-111
Competition Tribunal Act — C-36.4 61
Orders of the Commission 61 For the purposes of the Competition Act , as amended by this Act, an order of the Restrictive Trade Practices Commission under Part V, as it read immediately prior to the coming into force of section 29 of this Act, or pursuant to subsection 60(1) shall be deemed to be an order of the Competition Tribunal under the Competition Act .
Competition Tribunal Act — C-36.4 Coming into force
Coming into force * 62 This Act or any provision thereof, or any provision of the Combines Investigation Act as amended or enacted by this Act, shall come into force on a day or days to be fixed by proclamation. * [Note: Act, except sections 108 to 123, as enacted by section 45, in force June 19, 1986, see SI/86-109; sections 108 to 123, as enacted by section 45, in force July 15, 1987, see SI/87-139.]
Competition Tribunal Act — C-36.4 269
Subsection 8.1(3) of the Competition Tribunal Act 269 Subsection 8.1(3) of the Competition Tribunal Act , as that subsection read before the day on which section 266 comes into force, continues to apply after that day in respect of any proceeding referred to in subsection 8.1(1) of that Act that commenced before that day.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 1
Short title 1 This Act may be cited as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act .
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 2
Definitions 2 The following definitions apply in this Act. Agreement means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018. ( Accord ) Commission means the Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 27 of the TPP. ( Commission ) federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. ( texte législatif fédéral ) Minister means the Minister for International Trade. ( ministre ) TPP means the Trans-Pacific Partnership Agreement as incorporated by reference into the Agreement by Article 1 of the Agreement. ( PTP )
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45
Agreement means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018. ( Accord )
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45
Commission means the Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 27 of the TPP. ( Commission )
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45
federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. ( texte législatif fédéral )
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45
Minister means the Minister for International Trade. ( ministre )
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45
TPP means the Trans-Pacific Partnership Agreement as incorporated by reference into the Agreement by Article 1 of the Agreement. ( PTP )
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 3
Interpretation consistent with Agreement 3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 4
Non-application of Act and Agreement to water 4 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 5
Construction 5 For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 6
Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 7
Purpose 7 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to (a) establish a free trade area in accordance with the Agreement; (b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and other parties to the Agreement in order to create opportunities for economic development; (c) promote conditions of fair competition affecting trade between Canada and other parties to the Agreement; (d) substantially increase investment opportunities between Canada and other parties to the Agreement, while preserving the right of each of the parties to regulate to achieve legitimate policy goals; (e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade, and seek to ensure that the benefits and opportunities created by the Agreement are widely shared; (f) support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by trade; (g) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and other parties to the Agreement on environmental matters; (h) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and other parties to the Agreement on labour matters; and (i) recognise the importance of promoting corporate social responsibility, cultural identity and diversity, gender equality, the rights of Indigenous peoples, inclusive trade and sustainable development.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 8
Causes of action under sections 9 to 13 8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 13 or an order made under those sections. Causes of action under Agreement (2) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement. Exception (3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Section B of Chapter 9 or Article 11.22 of the TPP.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 10
Canadian representative on Commission 10 The Minister is the principal representative of Canada on the Commission.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 11
Powers of Minister 11 (1) The Minister may (a) appoint a panellist in accordance with Article 28.9 of the TPP or establish a list of individuals who may serve as panellists in accordance with paragraph 9 of Article 28.11 of the TPP; (b) propose the names of individuals for the roster referred to in Article 28.11 of the TPP; and (c) appoint an arbitrator in accordance with Section B of Chapter 9 of the TPP. Powers of Minister of Labour (2) The Minister of Labour may act as Canada’s senior governmental representative on the Labour Council referred to in Article 19.12 of the TPP or may designate that representative.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 12
Payment of expenditures 12 The Government of Canada is to pay its appropriate share of the aggregate of (a) any expenditures incurred by or on behalf of the Commission, (b) the general expenses incurred by the committees, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the Commission and those committees and to members of those working groups and other bodies, and (c) the expenses incurred by panels and arbitration tribunals established under the Agreement and the remuneration and expenses payable to the panellists on those panels, to arbitrators and to any experts retained by those panels or arbitration tribunals.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 13
Orders — Article 28.20 of TPP 13 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 28.20 of the TPP, by order, do any of the following: (a) suspend rights or privileges granted by Canada to another party to the Agreement or to goods, service suppliers, investors or investments of investors of that party under the Agreement or any federal law; (b) modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; (c) extend the application of any federal law to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; or (d) take any other measure that the Governor in Council considers necessary. Period of order (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act — C-36.45 Order in council
Order in council * 50 This Act, other than section 49 , comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act, other than section 49, in force December 30, 2018, see SI/2018-101 and SI/2018-108.]
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Comprehensive Nuclear Test-Ban Treaty Implementation Act — C-36.5 1
Short title 1 This Act may be cited as the Comprehensive Nuclear Test-Ban Treaty Implementation Act .