GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Territorial Lands Act — T-7 33
Authority to enter 33 (1) An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies. Powers on entry (2) The enforcement officer may, for that purpose, (a) examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing; (b) test or cause to be tested anything that is in the place; (c) take samples of anything that is in the place; (d) use, or cause to be used, any computer system in the place to examine any information contained in or available to the system; (e) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying; (f) use, or cause to be used, any copying equipment or means of telecommunication at the place; (g) take photographs and make recordings or sketches; (h) order the owner or person in charge of the place or any person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity; (i) order the owner or person having possession, care or control of anything that is in the place to not move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary; (j) direct any person to put any machinery, vehicle or equipment that is in the place into operation or to cease operating it; and (k) prohibit or limit access to all or part of the place. Duty to assist (3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose. Enforcement officer may be accompanied (4) The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section. Dwelling-place (5) An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place. 2014, c. 2, s. 77
Territorial Lands Act — T-7 34
Private property 34 An enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1). 2014, c. 2, s. 77
Territorial Lands Act — T-7 35
False or misleading information 35 (1) A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33. Obstruction or hindrance (2) A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33. 2014, c. 2, s. 77
Territorial Lands Act — T-7 36
Regulations 36 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, including regulations (a) designating as a violation that may be proceeded with in accordance with this Act (i) the contravention of any specified provision of this Act or of its regulations, (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or (iii) the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — issued under this Act; (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; (c) establishing the form and content of notices of violations; (d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and (e) respecting reviews by the Minister in respect of a notice of violation. Maximum amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person. 2014, c. 2, s. 77
Territorial Lands Act — T-7 37
Who may issue notices 37 Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation. 2014, c. 2, s. 77
Territorial Lands Act — T-7 38
Commission of violation 38 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act and not to punish. 2014, c. 2, s. 77
Territorial Lands Act — T-7 39
Liability of directors, officers, etc. 39 If a corporation commits a violation, any director, officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act. 2014, c. 2, s. 77
Territorial Lands Act — T-7 40
Proof of violation 40 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent of the person, whether or not the employee or agent is identified or proceeded against in accordance with this Act. 2014, c. 2, s. 77
Territorial Lands Act — T-7 41
Issuance and service of notice of violation 41 (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation must (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty; (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised; (e) inform the person of the time and manner of paying the penalty; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty. 2014, c. 2, s. 77
Territorial Lands Act — T-7 42
Certain defences not available 42 (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 commission of 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 this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2014, c. 2, s. 77
Territorial Lands Act — T-7 43
Continuing violation 43 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2014, c. 2, s. 77
Territorial Lands Act — T-7 44
Violation or offence 44 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2014, c. 2, s. 77
Territorial Lands Act — T-7 45
Limitation period 45 No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation. 2014, c. 2, s. 77
Territorial Lands Act — T-7 46
Right to request review 46 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both. 2014, c. 2, s. 77
Territorial Lands Act — T-7 47
Correction or cancellation of notice of violation 47 At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it. 2014, c. 2, s. 77
Territorial Lands Act — T-7 48
Review 48 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review. 2014, c. 2, s. 77
Territorial Lands Act — T-7 49
Object of review 49 (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it. Correction of penalty (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it. Responsibility (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination. Determination final (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act , is not subject to appeal or to review by any court. 2014, c. 2, s. 77
Territorial Lands Act — T-7 50
Burden of proof 50 If the facts of a violation are reviewed, the enforcement officer who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. 2014, c. 2, s. 77
Territorial Lands Act — T-7 51
Payment 51 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. 2014, c. 2, s. 77
Territorial Lands Act — T-7 52
Failure to act 52 A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 46 — is considered to have committed the violation and is liable to the penalty. 2014, c. 2, s. 77
Territorial Lands Act — T-7 53
Debts to Her Majesty 53 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Limitation period (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. 2014, c. 2, s. 77
Territorial Lands Act — T-7 54
Certificate 54 (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1). Registration (2) Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2014, c. 2, s. 77
Territorial Lands Act — T-7 55
Authenticity of documents 55 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2014, c. 2, s. 77
Territorial Lands Act — T-7 4
Presumption 4 (1) Every order made under section 98 of the Yukon Placer Mining Act or under that section and paragraph 23(a) of the Territorial Lands Act , as those provisions read from time to time, that is in force on February 13, 1990 shall be deemed to continue in force on and after that day as if it were made under section 98 of the Yukon Placer Mining Act , as enacted by section 2 of this Act, or under that section, as so enacted, and that paragraph, as the case may be. Idem (2) Every order made under section 98 of the Yukon Placer Mining Act or under that section and paragraph 23(a) of the Territorial Lands Act that comes into force after February 13, 1990 and is in force on the coming into force of this section shall be deemed to have come into force as if it were made under section 98 of the Yukon Placer Mining Act , as enacted by section 2 of this Act, or under that section, as so enacted, and that paragraph, as the case may be.
Territorial Lands Act — T-7 5
Idem 5 Every order made under paragraph 23(a) or (d) of the Territorial Lands Act , section 98 of the Yukon Placer Mining Act or any combination thereof, as those provisions read from time to time, respecting lands in the Yukon Territory that is in force on the coming into force of this section shall, for so long as the order remains in force, be deemed to be a reservation of those lands, within the meaning of subsection 14(1) of the Yukon Quartz Mining Act , made by the Government of Canada on the later of February 13, 1990 and the day on which the order came into force.
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4 Preamble
Preamble WHEREAS the Ukrainian Famine and Genocide of 1932-33 known as the Holodomor was deliberately planned and executed by the Soviet regime under Joseph Stalin to systematically destroy the Ukrainian people’s aspirations for a free and independent Ukraine, and subsequently caused the death of millions of Ukrainians in 1932 and 1933;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS that forced collectivization by the Soviet regime under Joseph Stalin also caused the death of millions of other ethnic minorities within the former Soviet Union;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS 2007-08 marks the 75th anniversary of the Ukrainian Famine and Genocide of 1932-33;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS on November 26, 1998, the President of Ukraine issued a Presidential Decree establishing that the fourth Saturday in November be recognized as a National Day of Remembrance for the victims of this mass atrocity;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS on June 19, 2003, the Senate of Canada unanimously adopted a motion calling on the Government of Canada to recognize the Ukrainian Famine of 1932-33 as an act of genocide;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS on November 28, 2006, Ukraine’s Parliament voted to recognize the Ukrainian Famine of 1932-33 as an act of genocide against the Ukrainian people;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS the parliaments of Argentina, Austria, Estonia, Georgia, Hungary, Lithuania, Poland and the United States of America and the senates of Australia and Canada have recognized the forced Ukrainian Famine of 1932-33 as a genocide against the Ukrainian people;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS the fourth Saturday in November has been recognized by Ukrainian communities throughout the world as a day to remember the victims of the Ukrainian Famine and Genocide of 1932-33 and to promote the fundamental freedoms of a democratic society;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS it is recognized that information about the Ukrainian Famine and Genocide of 1932-33 was suppressed, distorted or destroyed by Soviet authorities;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS it is only now that truthful and accurate information is emerging from the former Soviet Union about the Ukrainian Famine and Genocide of 1932-33;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS many survivors of the Ukrainian Famine and Genocide of 1932-33 have immigrated to Canada and have made a positive contribution to Canadian society;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
WHEREAS Canada, as a party to the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948, condemns all genocides;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
AND WHEREAS Canadians cherish democracy, defend human rights, and value the diversity and multicultural nature of Canadian society;
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4 1
Short title 1 This Act may be cited as the Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act .
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4 2
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day 2 Throughout Canada, in each and every year, the fourth Saturday in November shall be known as “Ukrainian Famine and Genocide (“Holodomor”) Memorial Day”.
Ukrainian Famine and Genocide (“Holodomor”) Memorial Day Act — U-0.4 3
Not a legal holiday 3 For greater certainty, Ukrainian Famine and Genocide (“Holodomor”) Memorial Day is not a legal holiday or a non-juridical day.
Underused Housing Tax Act — U-0.5 1
Short title 1 This Act may be cited as the Underused Housing Tax Act .
Underused Housing Tax Act — U-0.5 1.1
Tax not payable 1.1 No tax is payable under subsection 6(3) by a person in respect of a residential property for 2025 and subsequent calendar years. 2026, c. 3, s. 167
Underused Housing Tax Act — U-0.5
assessment means an assessment under this Act and includes a reassessment. ( cotisation )
Underused Housing Tax Act — U-0.5
bank means a bank as defined in section 2 of the Bank Act or an authorized foreign bank , as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. ( banque )
Underused Housing Tax Act — U-0.5
business number means any number (other than a Social Insurance Number) used by the Minister to identify a person for the purposes of this Act. ( numéro d’entreprise )
Underused Housing Tax Act — U-0.5
citizen has the same meaning as in subsection 2(1) of the Citizenship Act . ( citoyen )
Underused Housing Tax Act — U-0.5
Commissioner means, except in sections 21 , 22 and 83 , the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act . ( commissaire )
Underused Housing Tax Act — U-0.5
common-law partner of an individual at any time means another individual who is the common-law partner of the individual at that time for the purposes of the Income Tax Act . ( conjoint de fait )
Underused Housing Tax Act — U-0.5
confirmed delivery service means certified or registered mail or any other delivery service that provides a record that a notice or document has been sent or delivered. ( service de messagerie )
Underused Housing Tax Act — U-0.5
credit union means a credit union as defined in subsection 137(6) of the Income Tax Act or a corporation described in paragraph (a) of the definition deposit insurance corporation in subsection 137.1(5) of that Act. ( caisse de crédit )
Underused Housing Tax Act — U-0.5
disaster means an earthquake, fire, flood, landslide, spill or leakage of oil, gas or another poisonous or dangerous substance or any other natural disaster or dangerous event. ( sinistre )
Underused Housing Tax Act — U-0.5
dwelling unit means a residential unit that contains private kitchen facilities, a private bath and a private living area. ( local d’habitation )
Underused Housing Tax Act — U-0.5 (a)
excluded owner of a residential property for a calendar year means a person (other than a prescribed person) that, on December 31 of the calendar year, is an owner of the residential property (a) in the person’s capacity as a trustee of a trust that is (i) a specified Canadian trust, (ii) a mutual fund trust as defined in subsection 248(1) of the Income Tax Act , (iii) a real estate investment trust as defined in subsection 122.1(1) of the Income Tax Act , or (iv) a SIFT trust as defined in subsection 122.1(1) of the Income Tax Act ; (b) in the person’s capacity as a partner of a partnership that is a specified Canadian partnership; (c) in a capacity other than as a trustee of a trust or partner of a partnership if the person is (i) an individual who is a citizen or permanent resident, (ii) a specified Canadian corporation, (iii) a corporation incorporated or continued under the laws of Canada or a province whose shares are listed on a stock exchange in Canada for which a designation under section 262 of the Income Tax Act is in effect, (iv) a registered charity as defined in subsection 248(1) of the Income Tax Act , (v) a cooperative housing corporation , a hospital authority , a municipality , a public college , a school authority , or a university , as those terms are defined in subsection 123(1) of the Excise Tax Act , or a para-municipal organization as defined in section 1 of Part VI of Schedule V to that Act, (vi) an Indigenous governing body as defined in section 2 of the Department of Indigenous Services Act , (vii) His Majesty in right of Canada or a province or an agent of His Majesty in right of Canada or a province, (viii) a corporation incorporated or continued under the laws of Canada or a province, all or substantially all of the shares of which are owned or controlled by (A) a trust referred to in any of subparagraphs (a)(ii) to (iv), (B) a corporation referred to in subparagraph (iii), or (C) any combination of corporations or trusts referred to in clauses (A) and (B); or (d) if the person is (i) an individual who is a citizen or permanent resident and an owner of the residential property as a personal representative in respect of a deceased individual, or (ii) a prescribed person. ( propriétaire exclu )
Underused Housing Tax Act — U-0.5 (a)
fair rent , in respect of a residential property for a calendar year, means (a) the amount determined in prescribed manner in respect of the residential property for the calendar year; and (b) in the absence of a manner prescribed under paragraph (a) in respect of the residential property for the calendar year, the amount that is 5% of the taxable value in respect of the residential property for the calendar year. ( loyer raisonnable )
Underused Housing Tax Act — U-0.5 (a)
hazardous condition , in respect of a residential property, means any of the following circumstances (other than prescribed circumstances): (a) a structural component of the residential property, including a roof, foundation, external walls, interior supporting walls, floors and staircases, is defective or damaged; (b) oil, gas or another poisonous or dangerous substance is present in the residential property; (c) any other condition relating to the residential property that is hazardous to the health or safety of its occupants; or (d) prescribed circumstances. ( condition dangereuse )
Underused Housing Tax Act — U-0.5
judge , in respect of any matter, means a judge of a superior court having jurisdiction in the province in which the matter arises or a judge of the Federal Court. ( juge )
Underused Housing Tax Act — U-0.5
long-term lease , in respect of land, means a lease, licence or similar arrangement under which continuous possession of the land is provided for a period of at least 20 years or a lease, licence or similar arrangement that contains an option to purchase the land. ( bail de longue durée )