GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Export Development Act — E-20 14
Maximum borrowings of Corporation 14 (1) The aggregate amount of borrowings of the Corporation pursuant to sections 12 and 13 and outstanding shall at no time exceed an amount equal to fifteen times the aggregate of (a) the paid-in capital of the Corporation, and (b) the retained earnings of the Corporation, determined in accordance with the most recent statements of accounts of the Corporation for a financial year that have been audited by the Auditor General of Canada. Calculation of maximum borrowings (2) For the purpose of calculating the aggregate amount of outstanding borrowings of the Corporation under subsection (1), (a) accumulated deficits, and (b) the retained earnings of the Corporation, where the Corporation and its auditor are unable to agree on the amount of the retained earnings, shall not be taken into account. R.S., 1985, c. E-20, s. 14; 1993, c. 26, s. 5
Export Development Act — E-20 15
Reserves or provisions 15 The Corporation may establish one or more reserves or provisions out of which may be paid any losses sustained by the Corporation in the conduct of its business. R.S., c. E-18, s. 15; 1980-81-82-83, c. 47, s. 14
Export Development Act — E-20 16
By-laws 16 The Board may make by-laws (a) for the regulation of its proceedings, including the delegation of any of its powers and duties to any committee of the Board and the fixing of quorums for meetings of the Board and any committee of the Board; (b) prescribing the duties of any officers and employees of the Corporation; (c) delegating to the President the conduct of any business of the Board; (d) delegating, subject to any terms and conditions specified in the by-laws and despite any delegation of such authority to any committee of the Board, to any one or more officers of the Corporation, jointly or severally, any authority to authorize the Corporation to exercise a power under this Act that is given specifically to the Board by any provision of this Act; (d.1) respecting (i) the establishment, management and administration of a pension plan for the officers and employees of the Corporation and their dependants, (ii) the contributions to be made by the Corporation to the associated pension fund, (iii) the provision of benefits under the pension plan, (iv) the payment of pensions, and (v) the investment of the assets of the fund; and (e) generally, for the conduct and management of its activities. R.S., 1985, c. E-20, s. 16; 2001, c. 33, s. 10
Export Development Act — E-20 17
Offices 17 (1) The Corporation may establish offices in and outside Canada, and the Corporation’s head office shall be in the National Capital Region as described in the schedule to the National Capital Act . Approval (2) The Corporation shall obtain the approval of the Minister and the Minister of Foreign Affairs before establishing any office outside Canada. Conditions (3) The approval may be of a limited duration and may be subject to conditions. Revocation (4) Either the Minister or the Minister of Foreign Affairs may, if he or she considers it appropriate, revoke the approval by giving notice to the Corporation of the revocation and of its effective date. R.S., 1985, c. E-20, s. 17; 1993, c. 26, s. 6; 2010, c. 12, s. 1832
Export Development Act — E-20 18
Agent of Her Majesty 18 The Corporation is for all purposes an agent of Her Majesty in right of Canada. R.S., c. E-18, s. 18; 1984, c. 31, s. 14
Export Development Act — E-20 19
Terms and conditions 19 The Board may, subject to this Act and any by-law of the Board, determine the terms and conditions on which the Corporation may exercise any power under this Act. R.S., 1985, c. E-20, s. 19; 1993, c. 26, s. 7
Export Development Act — E-20 20
Staff 20 The Corporation may employ such officers and employees and such consultants and advisers as it deems necessary to carry out its purposes and shall fix the terms and conditions of their employment and their remuneration, which shall be paid by the Corporation. R.S., c. E-18, s. 20
Export Development Act — E-20 21
Auditor 21 (1) The Auditor General of Canada is the auditor of the Corporation. Report re directive (2) As auditor of the Corporation, the Auditor General must, at least once every five years, audit the design and the implementation of the directive referred to in subsection 10.1(2) and submit a report on the audit to the Board and to the Minister. The Auditor General must submit the report to each House of Parliament on any of the first thirty days on which it is sitting after the report is completed. R.S., 1985, c. E-20, s. 21; 2001, c. 33, s. 11
Export Development Act — E-20 22
Exemption from income tax 22 Section 27 of the Income Tax Act does not apply to the Corporation. R.S., c. E-18, s. 22; 1970-71-72, c. 43, s. 3, c. 63, s. 4
Export Development Act — E-20 23
Authorization of the Minister 23 (1) If the Corporation advises the Minister that it will not, without an authorization made under this section, enter into any transaction or class of transactions that it has the power to enter into under subsection 10(1.1) and the Minister is of the opinion that it is in the national interest that the Corporation enter into any such transaction or class of transactions, the Minister, with the concurrence of the Minister of Finance, may authorize the Corporation to do so. Amendment without authorization (2) The Corporation may amend any agreement entered into pursuant to an authorization of the Minister made under subsection (1), without further authorization of the Minister, if the amendment in no way results in the agreement being inconsistent with the Minister’s authorization. Moneys required to discharge obligations to be paid out of C.R.F. (3) All moneys required by the Corporation to discharge its obligations under any transaction entered into under this section shall be paid to the Corporation by the Minister of Finance out of the Consolidated Revenue Fund. Separate account (4) The Corporation shall maintain a separate account of all moneys received by way of receipts and recoveries, and of all disbursements made, in connection with all transactions entered into under this section and shall, subject to subsections (5) and (6), pay to the Receiver General all such receipts and recoveries. Expenses and overhead (5) The Minister of Finance may authorize the Corporation to retain from any receipts and recoveries described in subsection (4) such part thereof as the Minister of Finance considers to be required to meet the expenses and overhead of the Corporation arising out of transactions described in that subsection. Financial management (6) The Minister, with the concurrence of the Minister of Finance, may authorize the Corporation to make any investment or enter into any transaction or any class of transactions — including the forgiveness in whole or in part of any debt or obligation — that is necessary or desirable for the management of assets and liabilities arising out of any transaction that may be entered into under this section. R.S., 1985, c. E-20, s. 23; 1993, c. 26, s. 8; 2010, c. 12, s. 1833 2020, c. 5, s. 19
Export Development Act — E-20 24
Limit of liability 24 (1) Subject to subsection (2), in respect of transactions entered into under section 23, the total of the following liabilities and obligations must not at any time exceed $100,000,000,000: (a) the contingent liability of the Corporation in respect of the principal amount owing under all outstanding arrangements giving rise to contingent liabilities, (b) the obligation of the Corporation to advance funds in respect of any outstanding arrangement that has the effect of extending credit or to pay money to any person in respect of any outstanding arrangement, and (c) the outstanding principal amount of obligations owed to the Corporation in respect of any arrangement that has the effect of extending credit. (1.1) [Repealed, 2024, c. 17, s. 178] (1.2) [Repealed, 2024, c. 17, s. 178] Exclusion (2) The amount of (a) the contingent liability referred to in paragraph (1)(a) that the Corporation has insured or reinsured or with respect to which the Corporation has a right, by agreement, to be indemnified, and (b) the obligations referred to in paragraphs (1)(b) and (c) that the Corporation has sold, assigned or otherwise transferred on a non-recourse basis shall not be taken into account in calculating the total liabilities and obligations under subsection (1). R.S., 1985, c. E-20, s. 24; 1993, c. 26, s. 8; 2009, c. 2, s. 262 2020, c. 5, s. 20 2024, c. 17, s. 178
Export Development Act — E-20 24.1
Impact Assessment Act 24.1 Section 83 of the Impact Assessment Act does not apply when the Minister or the Minister of Finance exercises a power or performs a duty or function under this Act or any regulation made under it, or exercises a power of authorization or approval with respect to the Corporation under any other Act of Parliament or any regulation made under it. 2001, c. 33, s. 12; 2012, c. 19, s. 57 2019, c. 28, s. 101
Export Development Act — E-20 24.2
Use of Corporation’s name or initials 24.2 (1) Except with the written consent of the Corporation, no person shall in any prospectus or advertisement, or for any other business purpose, use the following names and initials: “Export Development Canada”, “Exportation et développement Canada”, “Export Development Corporation”, “Société pour l’expansion des exportations”, “E.D.C.”, “EDC”, “S.E.E.” and “SEE”. Offence (2) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both. 2001, c. 33, s. 12
Export Development Act — E-20 24.3
Privileged information 24.3 (1) Subject to subsection (2), all information obtained by the Corporation in relation to its customers is privileged and a director, officer, employee or agent of, or adviser or consultant to, the Corporation must not knowingly communicate, disclose or make available the information, or permit it to be communicated, disclosed or made available. Authorized disclosure (2) Privileged information may be communicated, disclosed or made available (a) for the purpose of the administration or enforcement of this Act and legal proceedings related to it; (b) for the purpose of prosecuting an offence under this Act or any other Act of Parliament; (c) to the Minister of National Revenue solely for the purpose of administering or enforcing the Excise Tax Act , the Income Tax Act , the Select Luxury Items Tax Act or the Global Minimum Tax Act ; or (d) with the written consent of the person to whom the information relates. 2006, c. 9, s. 179 2022, c. 10, s. 146 2024, c. 15, s. 107 2024, c. 17, s. 91 2024, c. 17, s. 111 2026, c. 3, s. 138
Export Development Act — E-20 25
Review 25 (1) Five years after the coming into force of this section and every ten years thereafter, the Minister shall cause a review of the provisions and operation of this Act to be undertaken in consultation with the Minister of Finance. Report to Parliament (2) The Minister shall, within one year after causing a review to be undertaken pursuant to subsection (1), submit a report on the review to Parliament. Study (3) Each report submitted to Parliament pursuant to subsection (2) shall be reviewed by such committee of the Senate and of the House of Commons or such joint committee as is designated or established for the purpose of reviewing such report. R.S., 1985, c. E-20, s. 25; 1993, c. 26, s. 8
Export Development Act — E-20 26
Minister for International Development 26 Before the Minister takes an action under this Act or Part X of the Financial Administration Act that is aimed at the Corporation’s carrying out its purpose under paragraph 10(1)(c), the Minister shall consult the Minister for International Development. 2015, c. 36, s. 85
Export Development Act — E-20 9
Transitional 9 (1) Transactions entered into under sections 24, 29, 33, 34 and 39 of the Export Development Act , as those provisions read immediately before the coming into force of section 8 of this Act, are deemed to have been entered into under section 10 of that Act, as amended by section 4 of this Act. Idem (2) Transactions entered into under sections 27, 31 and 35 of the Export Development Act , as those provisions read immediately before the coming into force of section 8 of this Act, are deemed to have been entered into under section 23 of that Act, as enacted by section 8 of this Act.
Export Development Act — E-20 14
Powers, duties and functions 14 Wherever, under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the Export Development Corporation, that power, duty or function is vested in or exercisable by Export Development Canada.
Export Development Act — E-20 15
References 15 Every reference to the Export Development Corporation in any deed, contract or other document executed by the Export Development Corporation in its own name shall, unless the context otherwise requires, be read as a reference to Export Development Canada.
Export Development Act — E-20 16
Rights and obligations transferred 16 All rights and property of the Export Development Corporation, rights and property held in its name or held in trust for it and all its obligations and liabilities are deemed to be rights, property, obligations and liabilities of Export Development Canada.
Export Development Act — E-20 Continuation of legal proceedings
Continuation of legal proceedings * 17 Any legal proceeding to which the Export Development Corporation is party pending in any court immediately before the day on which this section comes into force may be continued by or against Export Development Canada in the same manner and to the same extent as it could have been continued by or against the Export Development Corporation. * [Note: Section 17 in force December 21, 2001, see SI/2002-15.]
Export Development Act — E-20 263
Extension 263 (2) The Governor in Council may, by order, extend the period referred to in subsection (1). Arrangement entered into before repeal (3) The repeal of paragraph 10(1)(a) of the Act, as enacted by subsection 260 (1), has no effect on any arrangement Export Development Canada entered into in order to carry out its purpose referred to in that paragraph. Despite the repeal, Export Development Canada may take any steps and do anything that it considers necessary or desirable to implement the arrangement or that it considers related to the arrangement.
Export Development Act — E-20 21
Suspension 21 (1) If the Minister , as defined in section 2 of the Export Development Act , and the Minister of Finance specify a period under paragraph 10(1)(a) of that Act, subsections 5(2) and 6(2) and (3) of the Export Development Canada Exercise of Certain Powers Regulations do not apply for that period. Transactions entered into during specified period (2) Subsections 5(2) and 6(2) and (3) of the Export Development Canada Exercise of Certain Powers Regulations do not apply to a new transaction that Export Development Canada enters into during a period referred to in subsection (1), even after the expiry of that period. Even after the expiry of that period, Export Development Canada may take any steps and do anything that it considers necessary or desirable to implement the transaction or that it considers related to the transaction. Arrangement entered into before expiry of specified period (3) The expiry of a period referred to in subsection (1) has no effect on any arrangement Export Development Canada entered into in order to carry out its purpose referred to in paragraph 10(1)(a) of the Export Development Act . Even after the expiry of that period, Export Development Canada may take any steps and do anything that it considers necessary or desirable to implement the arrangement or that it considers related to the arrangement.
Expungement of Historically Unjust Convictions Act — E-21.5 Preamble
Preamble Whereas it is now recognized that the criminalization of certain activities constitutes a historical injustice;
Expungement of Historically Unjust Convictions Act — E-21.5
And whereas the criminalization of an activity may constitute a historical injustice because, among other things, were it to occur today, it would be inconsistent with the Canadian Charter of Rights and Freedoms ;
Expungement of Historically Unjust Convictions Act — E-21.5
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Expungement of Historically Unjust Convictions Act — E-21.5 1
Short title 1 This Act may be cited as the Expungement of Historically Unjust Convictions Act .
Expungement of Historically Unjust Convictions Act — E-21.5 2
Definitions 2 The following definitions apply in this Act. Board means the Parole Board of Canada. ( Commission ) Chairperson means the Chairperson of the Board designated under section 104 of the Corrections and Conditional Release Act . ( président )
Expungement of Historically Unjust Convictions Act — E-21.5
Board means the Parole Board of Canada. ( Commission )
Expungement of Historically Unjust Convictions Act — E-21.5
Chairperson means the Chairperson of the Board designated under section 104 of the Corrections and Conditional Release Act . ( président )
Expungement of Historically Unjust Convictions Act — E-21.5 3
Powers of Board 3 The Board may, in accordance with this Act, order or refuse to order expungement of a conviction in respect of the offences listed in the schedule.
Expungement of Historically Unjust Convictions Act — E-21.5 4
Delegation 4 The Board, subject to the approval of the Chairperson, may confer on any of its employees or class of its employees any of its powers, duties or functions under this Act.
Expungement of Historically Unjust Convictions Act — E-21.5 5
Effect of expungement 5 (1) If the Board orders expungement of a conviction in respect of an offence listed in the schedule, the person convicted of the offence is deemed never to have been convicted of that offence. Lawful act (2) Nothing in this Act has the effect of making unlawful a lawful act or omission related to the expunged conviction that was committed prior to the expungement order.
Expungement of Historically Unjust Convictions Act — E-21.5 6
Royal prerogative 6 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy.
Expungement of Historically Unjust Convictions Act — E-21.5 7
Application 7 (1) A person who has been convicted of an offence listed in the schedule or a person referred to in subsection (2) may apply to the Board for an expungement order. Application on person’s behalf (2) If a person who has been convicted of an offence listed in the schedule is deceased, any of the following may apply for an expungement order on the person’s behalf: (a) the person’s spouse or the individual who, at the time of the person’s death, was cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year; (b) the person’s child; (c) the person’s parent; (d) the person’s brother or sister; (e) the person’s agent or mandatary, attorney, guardian, trustee, committee, tutor or curator, or any other person who was appointed to act in a similar capacity before his or her death; (f) the person’s executor or the administrator or liquidator of the person’s estate; (g) any other individual who, in the opinion of the Board, is an appropriate representative of the person.
Expungement of Historically Unjust Convictions Act — E-21.5 8
Form and manner of application 8 (1) An application for an expungement order must be in the form and manner determined by the Board and in accordance with subsections (2) and (3). Contents of application (2) Subject to subsection (3), if an application is in respect of an offence for which criteria are set out in section 25 or in an order, the application must include documents that provide evidence that those criteria are satisfied. Sworn statement or solemn declaration (3) If it is not possible to obtain the documents referred to in subsection (2), the applicant must submit a sworn statement or solemn declaration (a) that explains the reasonable efforts made by the applicant to obtain the documents, and the reasons why they could not be obtained, including because they were lost or destroyed; and (b) that affirms the evidence referred to in section 25 or in an order that could not otherwise be provided.
Expungement of Historically Unjust Convictions Act — E-21.5 9
Eligibility 9 (1) The Board must reject an application that does not relate to an offence listed in the schedule or for which the applicant is not authorized by section 7 . Notice (2) The applicant must be advised in writing of the rejection of their application.
Expungement of Historically Unjust Convictions Act — E-21.5 10
Incomplete application 10 If the Board determines that an application is incomplete, the Board may return it to the applicant at any time.
Expungement of Historically Unjust Convictions Act — E-21.5 11
Inquiries 11 On receipt of an application, the Board may cause inquiries to be made (a) for the purpose of determining whether the applicant is authorized to apply for an expungement order under section 7 ; and (b) for the purposes of the review under section 12 .
Expungement of Historically Unjust Convictions Act — E-21.5 12
Review 12 Subject to sections 9 and 10 , the Board must review the application and the evidence gathered through any inquiries and determine whether there is evidence (a) if the application is in respect of an offence for which criteria are set out in section 25 or in an order, that any of those criteria are not satisfied; or (b) that the activity in respect of which the application is made is prohibited under the Criminal Code at the time the application is reviewed.
Expungement of Historically Unjust Convictions Act — E-21.5 13
Order to expunge 13 Subject to sections 9 and 10 , if the Board’s review reveals no evidence referred to in paragraph 12(a) or (b), the Board must order expungement of the conviction in respect of the offence for which the application was made.
Expungement of Historically Unjust Convictions Act — E-21.5 14
Refusal 14 Subject to sections 9 and 10 , if the Board’s review reveals evidence referred to in paragraph 12 (a) or (b), the Board must refuse to order expungement of the conviction in respect of the offence for which the application was made.
Expungement of Historically Unjust Convictions Act — E-21.5 15
Notice to applicant 15 The Board must notify the applicant in writing of the expungement order or of its refusal to order expungement.
Expungement of Historically Unjust Convictions Act — E-21.5 16
Notification to RCMP 16 The Board must notify the Royal Canadian Mounted Police of any expungement order. The Board must also notify any superior, provincial or municipal court that, to its knowledge, has custody of any judicial record of the conviction to which the expungement order relates.
Expungement of Historically Unjust Convictions Act — E-21.5 17
Destruction or removal by RCMP 17 As soon as feasible after receipt of the notification from the Board, the Royal Canadian Mounted Police must destroy or remove any judicial record of the conviction to which the expungement order relates that is in its repositories or systems.
Expungement of Historically Unjust Convictions Act — E-21.5 18
Notification by RCMP 18 As soon as feasible after receipt of the notification from the Board, the Royal Canadian Mounted Police must provide notification of the expungement order to any federal department or agency, and to any provincial or municipal police force, that, to its knowledge, has custody of any judicial record of the conviction to which the expungement order relates.
Expungement of Historically Unjust Convictions Act — E-21.5 19
Destruction or removal by departments and agencies 19 As soon as feasible after receipt of a notification from the Royal Canadian Mounted Police, a federal department or agency must destroy or remove any judicial record of the conviction to which the expungement order relates that is in its repositories or systems.