GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 16
Certificate of default 16 (1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgments (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 17
Violations not offences 17 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 18
Certain defences not available 18 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under an agri-food Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 19
Burden of proof 19 In every case where the facts of a violation are reviewed by the Minister or by the Tribunal, the Minister must establish, on a balance of probabilities, that the person named in the notice of violation committed the violation identified in the notice.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 20
Vicarious liability — licence holders, etc. 20 (1) The holder of a licence, certificate, letter of accreditation, permit, notice or other document issued under an agri-food Act is liable for a violation that is committed in respect of any matter relating to any activity or requirement under that document, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act. Vicarious liability — acts of employees and agents (2) A person is liable for a violation that is committed by any employee or agent of the person acting in the course of the employee’s employment or the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 21
Continuing violation 21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 22
Forfeiture 22 Where (a) a person is deemed by this Act to have committed a violation, or (b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner, anything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 23
Notations removed 23 (1) Any notation of a violation shall, on application by the person who committed the violation, be removed from any records that may be kept by the Minister respecting that person after the expiration of five years from (a) where the notice of violation contained a warning, the date the notice was served, or (b) in any other case, the payment of any debt referred to in subsection 15(1), unless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection. Duty to notify (2) The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1).
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 24
Service of documents 24 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 25
Evidence 25 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 26
Limitation period 26 No proceedings in respect of a violation may be commenced later than (a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or (b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation. 1995, c. 40, s. 26; 2015, c. 2, s. 119
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 27
Review Tribunal continued 27 (1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act , chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued. Composition (2) The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson. 1995, c. 40, s. 27 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 28
Qualifications 28 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec. 1995, c. 40, s. 28 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 29
Membership 29 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members. 1995, c. 40, s. 29 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 30
Tenure 30 (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause. Re-appointment (2) Each member may be re-appointed as a member in the same or another capacity. 1995, c. 40, s. 30 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 31
No other federal public administration 31 A member must not hold any other office in the federal public administration. 1995, c. 40, s. 31 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 32
Conflict of interest 32 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest. 1995, c. 40, s. 32 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 33
Duties of Chairperson 33 (1) The Chairperson apportions work among the Tribunal’s members. Absence or incapacity of Chairperson (2) If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council. 1995, c. 40, s. 33 2012, c. 24, s. 102 2014, c. 20, s. 480
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 34
Remuneration 34 (1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council. Travel and living expenses (2) Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members. 1995, c. 40, s. 34 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 37
Head office 37 (1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act . Sittings (2) The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council. 1995, c. 40, s. 37 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 38
Tribunal 38 (1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament. Review by Federal Court (2) An order of the Tribunal may only be reviewed under the Federal Courts Act . 1995, c. 40, s. 38 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 39
Chairperson 39 (1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson: (a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and (b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000. Other legally qualified members (2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28. 1995, c. 40, s. 39 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 40
Reviews 40 Reviews by the Tribunal are to be heard by a single member. 1995, c. 40, s. 40 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 41
Court of record 41 (1) The Tribunal is a court of record with an official seal that must be judicially noticed. Examination of witnesses, etc. (2) In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may (a) issue a summons requiring a person (i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and (ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter; (b) administer oaths and examine any person on oath; and (c) during a hearing, receive any evidence that it considers relevant and trustworthy. 1995, c. 40, s. 41 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 42
Rules 42 The Tribunal may, with the approval of the Governor in Council, make rules governing (a) the practice and procedure in respect of hearings; (b) the time and manner in which applications and notices must be made or given; and (c) the work of the Tribunal under this or any other Act of Parliament. 1995, c. 40, s. 42 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 43
Consultations 43 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it. 1995, c. 40, s. 43 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 44
Rules of evidence 44 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. 1995, c. 40, s. 44 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 45
Privileged evidence not receivable 45 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence. 1995, c. 40, s. 45 2012, c. 24, s. 102
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 46 to 89
46 to 89 [Repealed, 2012, c. 24, s. 102]
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 69
Definitions 69 The following definitions apply in sections 70 to 72 . commencement day means the day on which section 102 comes into force. ( date d’entrée en vigueur ) former Tribunal means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act. ( ancienne Commission ) new Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act . ( nouvelle Commission )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
commencement day means the day on which section 102 comes into force. ( date d’entrée en vigueur )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
former Tribunal means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act. ( ancienne Commission )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8
new Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act . ( nouvelle Commission )
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 70
Chairperson 70 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act , as enacted by section 102 , the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson.
Agriculture and Agri-Food Administrative Monetary Penalties Act — A-8.8 71
Other members 71 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act , as enacted by section 102 , each person who holds office as a member of the former Tribunal immediately before the commencement day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed.
Department of Agriculture and Agri-Food Act — A-9 1
Short title 1 This Act may be cited as the Department of Agriculture and Agri-Food Act . R.S., 1985, c. A-9, s. 1; 1994, c. 38, s. 2
Department of Agriculture and Agri-Food Act — A-9 2
Department established 2 (1) There is hereby established a department of the Government of Canada called the Department of Agriculture and Agri-Food over which the Minister of Agriculture and Agri-Food appointed by commission under the Great Seal shall preside. Minister (2) The Minister holds office during pleasure and has the management and direction of the Department. R.S., 1985, c. A-9, s. 2; 1994, c. 38, s. 3
Department of Agriculture and Agri-Food Act — A-9 3
Deputy head 3 The Governor in Council may appoint an officer called the Deputy Minister of Agriculture and Agri-Food to hold office during pleasure and to be the deputy head of the Department. R.S., 1985, c. A-9, s. 3; 1994, c. 38, s. 4
Department of Agriculture and Agri-Food Act — A-9 4
Powers, duties and functions of Minister 4 The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to (a) agriculture; (b) products derived from agriculture; and (c) research related to agriculture and products derived from agriculture including the operation of experimental farm stations. (d) [Repealed, 1989, c. 27, s. 20] R.S., 1985, c. A-9, s. 4; 1989, c. 27, s. 20; 1994, c. 38, s. 5
Department of Agriculture and Agri-Food Act — A-9 5
Other powers or duties of the Minister 5 The Governor in Council may assign any other power or duty to the Minister. R.S., c. A-10, s. 5
Department of Agriculture and Agri-Food Act — A-9 5.01
Inspection services 5.01 The Minister may designate any person as an inspector for the purpose of providing the inspection services that the Minister considers necessary for the enforcement of any Act in respect of which the Minister has any powers, duties or functions. 1994, c. 38, s. 6
Department of Agriculture and Agri-Food Act — A-9 5.1
Regulations 5.1 The Governor in Council may make such regulations as the Governor in Council deems necessary for implementing in any manner Article 708 of the Agreement, as defined in section 2 of the Canada-United States Free Trade Agreement Implementation Act , including, without limiting the generality of the foregoing, regulations exempting, for that purpose, subject to such terms and conditions as the Governor in Council deems appropriate, from the application of any provision of any Act or regulation, any person or class of persons or any good, animal or thing or class of goods, animals or things imported into Canada from the United States as defined in section 2 of that Act. 1988, c. 65, s. 46
Department of Agriculture and Agri-Food Act — A-9 13
Transfer of powers, duties and functions 13 Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Minister of Agriculture, the Deputy Minister of Agriculture or any officer of the Department of Agriculture, in relation to forestry or forest resources, the power, duty or function is vested in and shall be exercised by the Minister of Forestry, the Deputy Minister of Forestry or the appropriate officer of the Department of Forestry, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power, duty or function.
Department of Agriculture and Agri-Food Act — A-9 8
Positions 8 (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Department of Agriculture, except that the employee shall, on the coming into force of this Act, occupy that position in the Department of Agriculture and Agri-Food under the authority of the Deputy Minister of Agriculture and Agri-Food. Definition of employee (2) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act .
Department of Agriculture and Agri-Food Act — A-9 9
Appropriations 9 Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Agriculture and that, on the day on which this Act comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Agriculture and Agri-Food.
Department of Agriculture and Agri-Food Act — A-9 10
Transfer of powers, duties and functions 10 Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by (a) the Minister of Agriculture, (b) the Deputy Minister of Agriculture, or (c) any officer of the Department of Agriculture, the power, duty or function is vested in and shall be exercised by (d) the Minister of Agriculture and Agri-Food, (e) the Deputy Minister of Agriculture and Agri-Food, or (f) the appropriate officer of the Department of Agriculture and Agri-Food, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power, duty or function.
Bank Act — B-1.01 Preamble
Preamble Whereas a strong and efficient banking sector is essential to economic growth and prosperity;
Bank Act — B-1.01
Whereas a legislative framework that enables banks to compete effectively and be resilient in a rapidly evolving marketplace, taking into account the rights and interests of depositors and other consumers of banking services, contributes to stability and public confidence in the financial system and is important to the strength and security of the national economy;
Bank Act — B-1.01
And whereas it is desirable and is in the national interest to provide for clear, comprehensive, exclusive, national standards applicable to banking products and banking services offered by banks;
Bank Act — B-1.01
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Bank Act — B-1.01 1
Short title 1 This Act may be cited as the Bank Act .
Bank Act — B-1.01
affairs , with respect to a bank, an authorized foreign bank or a bank holding company, means the relationships among the bank, authorized foreign bank or bank holding company and its affiliates and the shareholders, members, directors and officers of the bank, authorized foreign bank or bank holding company and its affiliates, but does not include the business of the bank, authorized foreign bank or bank holding company or any of its affiliates; ( affaires internes )
Bank Act — B-1.01
affiliate means an entity that is affiliated with another entity within the meaning of section 6; ( groupe )
Bank Act — B-1.01
Agency means the Financial Consumer Agency of Canada established under section 3 of the Financial Consumer Agency of Canada Act ; ( Agence )
Bank Act — B-1.01
annual return means a return prepared in accordance with section 601; ( état annuel )
Bank Act — B-1.01
annual statement , in relation to a bank, means the annual financial statement of the bank within the meaning of paragraph 308(1)(a) and, in relation to a bank holding company, means the annual financial statement of the bank holding company within the meaning of paragraph 840(1)(a); ( rapport annuel )
Bank Act — B-1.01
authorized foreign bank means a foreign bank that is the subject of an order under subsection 524(1); ( banque étrangère autorisée )
Bank Act — B-1.01
bank means a bank listed in Schedule I or II; ( banque )
Bank Act — B-1.01
bank holding company means a body corporate that is incorporated or formed under Part XV; ( société de portefeuille bancaire )
Bank Act — B-1.01
bearer , in relation to a security, means the person in possession of a security payable to bearer or endorsed in blank; ( porteur )