GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mutual Legal Assistance in Criminal Matters Act — M-13.6 33
Copy of order to custodian 33 A copy of a loan order and of an order varying it shall be delivered by the competent authority who applied for the order to the Minister and to the person who had possession of the exhibit when the loan order was made.
Mutual Legal Assistance in Criminal Matters Act — M-13.6 34
Presumption of continuity 34 The burden of proving that an exhibit lent to a state or entity pursuant to a loan order made under subsection 31(1) and returned to Canada is not in the same condition as it was when the loan order was made or that it was tampered with after the loan order was made is on the party who makes that allegation and, in the absence of that proof, the exhibit is deemed to have been continuously in the possession of the court that made the loan order. R.S., 1985, c. 30 (4th Supp.), s. 34; 1999, c. 18, s. 119
Mutual Legal Assistance in Criminal Matters Act — M-13.6 35
Appeal on question of law 35 An appeal lies, with leave, on a question of law alone, to the court of appeal, within the meaning of section 2 of the Criminal Code , from any order or decision of a judge or a court in Canada made under this Act, if the application for leave to appeal is made to a judge of the court of appeal within fifteen days after the order or decision. R.S., 1985, c. 30 (4th Supp.), s. 35; 1994, c. 44, s. 95
Mutual Legal Assistance in Criminal Matters Act — M-13.6 36
Foreign records 36 (1) In a proceeding with respect to which Parliament has jurisdiction, a record or a copy of the record and any affidavit, certificate or other statement pertaining to the record made by a person who has custody or knowledge of the record, sent to the Minister by a state or entity in accordance with a Canadian request, is not inadmissible in evidence by reason only that a statement contained in the record, copy, affidavit, certificate or other statement is hearsay or a statement of opinion. Probative value (2) For the purpose of determining the probative value of a record or a copy of a record admitted in evidence under this Act, the trier of fact may examine the record or copy, receive evidence orally or by affidavit, or by a certificate or other statement pertaining to the record in which a person attests that the certificate or statement is made in conformity with the laws that apply to a state or entity, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the state or entity, including evidence as to the circumstances in which the data contained in the record or copy was written, stored or reproduced, and draw any reasonable inference from the form or content of the record or copy. R.S., 1985, c. 30 (4th Supp.), s. 36; 1994, c. 44, s. 96; 1999, c. 18, s. 120; 2014, c. 31, s. 44
Mutual Legal Assistance in Criminal Matters Act — M-13.6 37
Foreign things 37 In a proceeding with respect to which Parliament has jurisdiction, a thing and any affidavit, certificate or other statement pertaining to the thing made by a person in a state or entity as to the identity and possession of the thing from the time it was obtained until its sending to a competent authority in Canada by the state or entity in accordance with a Canadian request, are not inadmissible in evidence by reason only that the affidavit, certificate or other statement contains hearsay or a statement of opinion. R.S., 1985, c. 30 (4th Supp.), s. 37; 1994, c. 44, s. 97; 1999, c. 18, s. 120
Mutual Legal Assistance in Criminal Matters Act — M-13.6 38
Status of certificate 38 (1) An affidavit, certificate or other statement mentioned in section 36 or 37 is, in the absence of evidence to the contrary, proof of the statements contained therein without proof of the signature or official character of the person appearing to have signed the affidavit, certificate or other statement. Notice (2) Unless the court decides otherwise, in a proceeding with respect to which Parliament has jurisdiction, no record or copy thereof, no thing and no affidavit, certificate or other statement mentioned in section 36 or 37 shall be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced seven days notice, excluding holidays, of that intention, accompanied by a copy of the record, copy, affidavit, certificate or other statement and unless, in the case of a thing, the party intending to produce it has made it available for inspection by the party against whom it is intended to be produced during the five days following a request by that party that it be made so available.
Mutual Legal Assistance in Criminal Matters Act — M-13.6 39
Service abroad 39 The service of a document in the territory over which the state or entity has jurisdiction may be proved by affidavit of the person who served it. R.S., 1985, c. 30 (4th Supp.), s. 39; 1999, c. 18, s. 121
Mutual Legal Assistance in Criminal Matters Act — M-13.6 40
Special authorization 40 (1) The Minister may, in order to give effect to a request of a Canadian competent authority, authorize a person in a state or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period of time specified by the Minister, and the Minister may make the authorization subject to any conditions that the Minister considers desirable. Variation of authorization (2) The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada. Non-compliance with conditions of authorization (3) A person to whom an authorization is granted under subsection (1) who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiration of the period of time specified in the authorization or who fails to comply with some other condition of the authorization shall, for the purposes of the Immigration and Refugee Protection Act , be deemed to be a person who entered Canada as a temporary resident and remains after the period authorized for their stay. R.S., 1985, c. 30 (4th Supp.), s. 40; 1999, c. 18, s. 123; 2001, c. 27, s. 261
Mutual Legal Assistance in Criminal Matters Act — M-13.6 41
Safe conduct 41 (1) A person who is in Canada pursuant to a request to give evidence in a proceeding or to give assistance in relation to an investigation or proceeding (a) may not be detained, prosecuted or punished in Canada for any act or omission that occurred before the person’s departure from the state or entity pursuant to the request; (b) is not subject to civil process in respect of any act or omission that occurred before the person’s departure from the state or entity pursuant to the request; and (c) may not be required to give evidence in any proceeding in Canada other than the proceeding to which the request relates. Limitation (2) Subsection (1) ceases to apply to a person who is in Canada pursuant to a request when the person leaves Canada or has the opportunity to leave Canada but remains in Canada for a purpose other than fulfilling the request. R.S., 1985, c. 30 (4th Supp.), s. 41; 1999, c. 18, s. 124
Mutual Legal Assistance in Criminal Matters Act — M-13.6 42
Detention of transferred person 42 (1) When the Minister, in order to give effect to a request of a Canadian competent authority, authorizes a person who is detained in a state or entity to be transferred to Canada for a period of time specified by the Minister, a judge of the province to which the person is to be transferred may make an order for the detention of the person anywhere in Canada and for the return of the person to the state or entity. Paramountcy of detention order (2) An order made under subsection (1) is paramount to any order made, in respect of anything that occurred before the person is transferred to Canada, by a Canadian court, a judge of a Canadian court, a Canadian justice of the peace or any other person who has power in Canada to compel the appearance of another person. Variation of detention order (3) The judge who made the detention order or another judge of the same court may vary its terms and conditions and, in particular, may extend the duration of the detention. R.S., 1985, c. 30 (4th Supp.), s. 42; 1999, c. 18, s. 125
Mutual Legal Assistance in Criminal Matters Act — M-13.6 43
Powers of judge 43 When a Canadian request is presented to a state or entity and a person in the state or entity refuses to answer one or more questions or to give up certain records or things by reason of a law in force in Canada, a judge may determine the validity of the refusal on application made, on reasonable notice to the person, by a Canadian competent authority. R.S., 1985, c. 30 (4th Supp.), s. 43; 1999, c. 18, s. 126
Mutual Legal Assistance in Criminal Matters Act — M-13.6 44
Privilege 44 (1) Subject to subsection 38(2), a record sent to the Minister by a state or entity in accordance with a Canadian request is privileged and no person shall disclose to anyone the record or its purport or the contents of the record or any part of it before the record, in compliance with the conditions on which it was so sent, is made public or disclosed in the course or for the purpose of giving evidence. Privilege (2) No person in possession of a record mentioned in subsection (1) or of a copy of such a record, or who has knowledge of any data contained in the record, shall be required, in connection with any legal proceedings, to produce the record or copy or to give evidence relating to any data that is contained in it. R.S., 1985, c. 30 (4th Supp.), s. 44; 1999, c. 18, s. 127; 2014, c. 31, s. 45
Mutual Legal Assistance in Criminal Matters Act — M-13.6 Coming into force
Coming into force * 49 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. * [Note: Act in force October 1, 1988, see SI/88-199.]
Mutual Legal Assistance in Criminal Matters Act — M-13.6
The International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations
Mutual Legal Assistance in Criminal Matters Act — M-13.6
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law Committed in the Territory of the Former Yugoslavia since 1991, established by Resolution 827 (1993) of the Security Council of the United Nations
Mutual Legal Assistance in Criminal Matters Act — M-13.6 10
Transitional — proceedings 10 Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Payments in Lieu of Taxes Act — M-13 1
Short title 1 This Act may be cited as the Payments in Lieu of Taxes Act . R.S., 1985, c. M-13, s. 1; 2000, c. 8, s. 2
Payments in Lieu of Taxes Act — M-13 2
to the extent that it (i) is reserved in the records of the Department of Indigenous Services at Whitehorse or Yellowknife for the use of a department or an agency of the Government of Canada, and is either situated within a municipality or, in the case of real property that is not situated within a municipality, used in accordance with the reservation, or (ii) is situated within a municipality and is reserved in the records of the Department of Indigenous Services at Whitehorse or Yellowknife for the use of an Indian within the meaning of the Indian Act or an Inuk; (g) any real property or immovable developed or used as a public highway that, in the opinion of the Minister, does not provide, as its primary function, immediate access to real property or immovables owned by Her Majesty in right of Canada; or (h) unless otherwise prescribed, any real property or immovable leased to or occupied by a person or body, whether incorporated or not, that is not a department. Effective rate — experimental farms (4) In determining the effective rate in respect of an experimental farm station, agricultural research station or other similar facility on federal property, the Minister shall take into account the rates of tax applicable to farms operated by agricultural enterprises. R.S., 1985, c. M-13, s. 2; R.S., 1985, c. 20 (2nd Supp.), s. 5; 1991, c. 50, s. 32; 1992, c. 1, ss. 97, 141; 1994, c. 35, s. 37; 1996, c. 16, s. 60; 2000, c. 7, s. 25, c. 8, s. 3, c. 32, ss. 56, 70.1; 2003, c. 22, s. 224(E); 2005, c. 1, s. 105, c. 27, ss. 20, 24; 2008, c. 32, s. 29; 2009, c. 18, s. 22; 2014, c. 11, s. 23; 2015, c. 24, s. 21; 2018, c. 4, s. 130 2019, c. 29, s. 372 2022, c. 9, s. 44 2023, c. 22, s. 19
Payments in Lieu of Taxes Act — M-13
assessed dimension means the frontage, area, other dimension or other attribute of real property or immovables established by an assessment authority for the purpose of computing a frontage or area tax; ( dimensions fiscales )
Payments in Lieu of Taxes Act — M-13
assessed value means the value established for any real property or immovable by an assessment authority for the purpose of computing a real property tax; ( valeur fiscale )
Payments in Lieu of Taxes Act — M-13
assessment authority means an authority that has power by or under an Act of Parliament or the legislature of a province to establish the assessed dimension or assessed value of real property or immovables; ( autorité évaluatrice )
Payments in Lieu of Taxes Act — M-13
business occupancy tax means a tax levied on occupants in respect of their use or occupation of real property or immovables for the purpose of or in connection with a business; ( taxe d’occupation commerciale )
Payments in Lieu of Taxes Act — M-13 (a)
department means (a) any department named in Schedule I to the Financial Administration Act , (a.1) any division or branch of the federal public administration named in Schedule I.1 to that Act, (a.2) any commission under the Inquiries Act designated as a department for the purposes of the Financial Administration Act , (b) any corporation established by or under an Act of Parliament or performing a function on behalf of the Government of Canada included in Schedule I to this Act; ( ministères )
Payments in Lieu of Taxes Act — M-13
effective rate means the rate of real property tax or of frontage or area tax that, in the opinion of the Minister, would be applicable to any federal property if that property were taxable property; ( taux effectif )
Payments in Lieu of Taxes Act — M-13 (a)
federal property means, subject to subsection (3), (a) real property and immovables owned by Her Majesty in right of Canada that are under the administration of a minister of the Crown, (b) real property and immovables owned by Her Majesty in right of Canada that are, by virtue of a lease to a corporation included in Schedule III or IV, under the management, charge and direction of that corporation, (c) immovables held under emphyteusis by Her Majesty in right of Canada that are under the administration of a minister of the Crown, (d) a building owned by Her Majesty in right of Canada that is under the administration of a minister of the Crown and that is situated on tax exempt land owned by a person other than Her Majesty in right of Canada or administered and controlled by Her Majesty in right of a province, and (e) real property and immovables occupied or used by a minister of the Crown and administered and controlled by Her Majesty in right of a province; ( propriété fédérale )
Payments in Lieu of Taxes Act — M-13
frontage or area tax means any tax levied on the owners of real property or immovables that is computed by applying a rate to all or part of the assessed dimension of the property and includes any tax levied on the owners of real property or immovables that is in the nature of a local improvement tax, a development tax or a redevelopment tax, but does not include a tax in respect of mineral rights; ( impôt sur la façade ou sur la superficie )
Payments in Lieu of Taxes Act — M-13
Minister means the Minister of Public Works and Government Services; ( ministre )
Payments in Lieu of Taxes Act — M-13
minister of the Crown means a member of the Queen’s Privy Council for Canada in that member’s capacity of managing and directing or having responsibility for a department; ( ministre fédéral )
Payments in Lieu of Taxes Act — M-13 (a)
other attribute includes (a) in relation to a tax levy for the purpose of financing all or part of the capital cost of a service to real property or immovables, (i) the actual or estimated cost of constructing a new building, (ii) the number of rooms, living units or beds in a building, or (iii) the number of persons in occupancy of a building, and (b) in relation to a tax levy for the purpose of financing all or part of the operating cost of a service to real property or immovables, any prescribed criteria; ( autre élément )
Payments in Lieu of Taxes Act — M-13
prescribed means prescribed by regulations made by the Governor in Council under section 9; ( Version anglaise seulement )
Payments in Lieu of Taxes Act — M-13
property dimension means the frontage, area, other dimension or other attribute that, in the opinion of the Minister, would be established by an assessment authority in respect of federal property as the basis for computing the amount of any frontage or area tax that would be applicable to that property if it were taxable property; ( dimensions effectives )
Payments in Lieu of Taxes Act — M-13
property value means the value that, in the opinion of the Minister, would be attributable by an assessment authority to federal property, without regard to any mineral rights or any ornamental, decorative or non-functional features thereof, as the basis for computing the amount of any real property tax that would be applicable to that property if it were taxable property; ( valeur effective )
Payments in Lieu of Taxes Act — M-13 (a)
real property tax means a tax of general application to real property or immovables or any class of them that is (a) levied by a taxing authority on owners of real property or immovables or, if the owner is exempt from the tax, on lessees or occupiers of real property or immovables, other than those lessees or occupiers exempt by law, and (b) computed by applying a rate to all or part of the assessed value of taxable property; ( impôt foncier )
Payments in Lieu of Taxes Act — M-13
taxation year means the fiscal year of a taxing authority; ( année d’imposition )
Payments in Lieu of Taxes Act — M-13
taxable property means real property and immovables in respect of which a person may be required by a taxing authority to pay a real property tax or a frontage or area tax; ( propriété imposable )
Payments in Lieu of Taxes Act — M-13 2.1
Purpose 2.1 The purpose of this Act is to provide for the fair and equitable administration of payments in lieu of taxes. 2000, c. 8, s. 4
Payments in Lieu of Taxes Act — M-13 3
Authority to make payments 3 (1) The Minister may, on receipt of an application in a form provided or approved by the Minister, make a payment out of the Consolidated Revenue Fund to a taxing authority applying for it (a) in lieu of a real property tax for a taxation year, and (b) in lieu of a frontage or area tax in respect of federal property situated within the area in which the taxing authority has the power to levy and collect the real property tax or the frontage or area tax. Delayed payments (1.1) If the Minister is of the opinion that a payment under subsection (1) or part of one has been unreasonably delayed, the Minister may supplement the payment. Maximum payable (1.2) The supplement shall not exceed the product obtained by multiplying the amount not paid by the rate of interest prescribed for the purpose of section 155.1 of the Financial Administration Act , calculated over the period that, in the opinion of the Minister, the payment has been delayed. Authority to make payments (2) Notwithstanding anything in this Act, if real property or immovables are prescribed to be included in the definition federal property under paragraph 9(1)(d) or (e), a payment may be made in respect of that property for the entire taxation year in which the prescription is made. Application to Schedule I corporations (3) In respect of a corporation included in Schedule I, a payment may be made under this section only in respect of the real property or immovables of the corporation specified in that Schedule or prescribed by the Governor in Council. Taxing authority (4) For the purpose of subsection (1), a taxing authority in respect of federal property described in paragraph 2(3)(d) means a council, band or first nation referred to in any of paragraphs (b) to (e) of the definition taxing authority in subsection 2(1). R.S., 1985, c. M-13, s. 3; 2000, c. 8, s. 5
Payments in Lieu of Taxes Act — M-13 3.1
Payments for leased property 3.1 Real property and immovables referred to in paragraph 2(3)(h) are deemed to be federal property for a taxation year if (a) as of the day following the last day of the taxation year, all or part of the real property tax or the frontage or area tax on the property for that taxation year remains unpaid; and (b) the Minister is of the opinion that the taxing authority has made all reasonable efforts to collect the tax and there is no likelihood that the authority will ever be able to collect it. 2000, c. 8, s. 5
Payments in Lieu of Taxes Act — M-13 4
Payments in lieu of real property tax 4 (1) Subject to subsections (2) and (3) and 5(1) and (2), a payment referred to in paragraph 3(1)(a) shall not exceed the product of (a) the effective rate in the taxation year applicable to the federal property in respect of which the payment may be made, and (b) the property value in the taxation year of that federal property. Rate for school purposes (2) Where all or part of the real property tax levied by a taxing authority in a taxation year is for school purposes and is levied at different rates (a) for taxpayers of different religious denominations, or (b) for taxpayers of different religious denominations and for different classes of taxable property, there shall be substituted for the effective rate referred to in paragraph (1)(a) a rate equal to the rate calculated in accordance with subsection (3). Calculation of rate to be substituted (3) For the purposes of subsection (2), the rate substituted for the effective rate referred to in paragraph (1)(a) shall be a rate equal to the aggregate of that part of the effective rate in the taxation year that is used in determining the amount of the real property tax that is levied for purposes other than school purposes, and (a) if paragraph (2)(a) applies, a rate for school purposes determined by dividing (i) the portion of the real property tax levied for school purposes by the taxing authority in the taxation year, by (ii) the assessed value of all taxable property under the jurisdiction of the taxing authority in respect of which such portion of the real property tax for school purposes is levied in the taxation year, or (b) if paragraph (2)(b) applies, a rate for school purposes for each class of taxable property determined by dividing (i) the portion of the real property tax levied for school purposes by the taxing authority in respect of property of that class in the taxation year, by (ii) the assessed value of all taxable property of that class under the jurisdiction of the taxing authority in respect of which that portion of the real property tax for school purposes is levied in the taxation year. R.S., 1985, c. M-13, s. 4; 2000, c. 8, s. 7