GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Civilian War-related Benefits Act — C-31 56
o have concluded on November 11, 1918; (b) World War II shall be deemed to have commenced on September 1, 1939 and to have terminated (i) in respect of service in connection with operations in the European and Mediterranean theatres of war, on May 8, 1945, and (ii) in respect of service in connection with operations in the Pacific theatre of war, on August 15, 1945; and (c) the United Nations military operations in Korea shall be deemed to have commenced on June 25, 1950 and to have terminated on July 27, 1953. Calculation of service (3) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition civilian in subsection (1), time spent by the person as a prisoner of war or as an internee shall be considered as service at sea, subject to subsection (3.1). Calculation of service (3.1) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition civilian in subsection (1), time during which the person was less than fourteen years of age shall be excluded. Idem (4) In calculating the period that a person served overseas for the purpose of paragraph (e) or (g) of the definition civilian in subsection (1), the travelling of the person from the date of embarkation for the United Kingdom until arrival in that country and from the date of embarkation from the United Kingdom for Canada or Newfoundland until arrival in Canada or Newfoundland shall be considered as overseas service. Application of certain provisions (5) Sections 7, 8 and 10 apply for the purposes of the provisions of this Part relating to persons who are civilians by virtue of paragraph (a), (b) or (d) of the definition civilian in subsection (1). R.S., 1985, c. C-31, s. 56; R.S., 1985, c. 20 (3rd Supp.), s. 39; 1992, c. 24, s. 7; 1995, c. 18, s. 84; 1999, c. 10, s. 35; 2000, c. 34, s. 10
Civilian War-related Benefits Act — C-31
allowance means an allowance referred to in subsection 57(1); ( allocation )
Civilian War-related Benefits Act — C-31 (a)
civilian means (a) a person who (i) served at sea in a ship of Canadian or Newfoundland registry during World War I or World War II for a period of at least six months, and (ii) during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters, (b) a Canadian citizen, a Canadian national as defined in the Canadian Nationals Act , chapter 21 of the Revised Statutes of Canada, 1927, or a British subject domiciled in Newfoundland at the commencement of his qualifying service who (i) served at sea during World War I or World War II for a period of at least six months in a ship of United Kingdom registry or the registry of one of the countries allied or associated with His Majesty in either of those wars, and (ii) during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters, (c) [Repealed, 1999, c. 10, s. 35] (d) a Canadian citizen who (i) served at sea in a ship of another country allied or associated with the United Nations during United Nations military operations in Korea for a period of at least six months, and (ii) during the period of service referred to in subparagraph (i) served at least twenty-eight days on such a ship within dangerous waters off the coast of Korea, (e) a person who was a member of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act , (f) a person who was a Canadian member, within the meaning of section 42.1, of the Voluntary Aid Detachment of the British Red Cross during World War I and served during World War I in a theatre of actual war within the meaning of paragraph 37(8)(b) of the War Veterans Allowance Act , (g) a person who (i) was an overseas welfare worker within the meaning of paragraph (a) of the definition overseas welfare worker in section 48 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act , or (ii) was an overseas welfare worker within the meaning of paragraph (b) of the definition overseas welfare worker in section 48, (h) a person who was a civilian member of Ferry Command within the meaning of section 52 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act , (i) a person who was a member of the Newfoundland Overseas Forestry Unit and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act , and (j) a person who is in receipt of a pension under Parts I to X or is declared to have been eligible for, or awarded, such a pension subsequent to the person’s death; ( civil )
Civilian War-related Benefits Act — C-31
dangerous waters means such oceans, seas or waters as the Veterans Review and Appeal Board established by the Veterans Review and Appeal Board Act may prescribe; ( eaux dangereuses )
Civilian War-related Benefits Act — C-31
merchant navy veteran [Repealed, 1999, c. 10, s. 35]
Civilian War-related Benefits Act — C-31
service at sea means service in a ship that normally sailed or operated outside the territorial waters of all countries during World War I, World War II or the United Nations military operations in Korea; ( service en mer )
Civilian War-related Benefits Act — C-31 (a)
ship means (a) a ship or vessel engaged in trade or the transportation of cargo or passengers, or (b) a ship or vessel taken over and operated by the British Admiralty but does not include a ship or vessel engaged in the fishing industry. ( navire )
Civilian War-related Benefits Act — C-31 57
Allowances authorized 57 (1) Subject to subsection (2), (a) an allowance is payable to and in respect of a civilian and persons who, in relation to a civilian, would be entitled to an allowance under the War Veterans Allowance Act if the civilian were a veteran within the meaning of that Act, in the same manner and to the same extent as if the civilian were a veteran to whom that Act applies; and (b) the War Veterans Allowance Act and everything done or permitted or required to be done thereunder in respect of veterans applies, with such modifications as the circumstances require, to and in respect of and for the purposes of determining all matters pertaining to an allowance payable under the authority of this section to and in respect of the civilian and those persons. No allowance in certain cases (2) No allowance is payable to a person who (a) is a recipient of an allowance under the War Veterans Allowance Act ; or (b) in World War II served (i) in enemy forces, (ii) in an enemy ship, or (iii) in war service groups associated with forces of the enemy. R.S., 1985, c. C-31, s. 57; 1992, c. 24, s. 8; 1999, c. 10, s. 36
Civilian War-related Benefits Act — C-31 35
35 (5) The Minister may, on the coming into force of this subsection, cease to pay an allowance referred to in subsection 57(1) of the Merchant Navy Veteran and Civilian War-related Benefits Act to or in respect of any civilian who would not have been entitled to receive the allowance had subsection 56(3.1) of that Act, as enacted by subsection (4), been in force when the allowance became payable.
Civilian War-related Benefits Act — C-31 48
48 For greater certainty, (a) any benefit that, immediately before the coming into force of section 24, was payable under section 9 of the Merchant Navy Veteran and Civilian War-related Benefits Act continues to be payable under the Pension Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 24 shall be continued and adjudicated under the Pension Act as amended by this Act; (b) any benefit that, immediately before the coming into force of section 27, was payable under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(a) or (b) continues to be payable under the Pension Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 27 shall be continued and adjudicated under the Pension Act as amended by this Act; (c) any benefit that, immediately before the coming into force of section 27, was payable under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(c) continues to be payable under section 9 of that Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 27 shall be continued and adjudicated under section 9 of that Act as amended by this Act; and (d) any benefit that, immediately before the coming into force of section 36, was payable under subsection 57(1) of the Merchant Navy Veteran and Civilian War-related Benefits Act continues to be payable under the War Veterans Allowance Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 36 shall be continued and adjudicated under the War Veterans Allowance Act as amended by this Act.
Civilian War-related Benefits Act — C-31 49
49 After the coming into force of this section, a reference in any enactment or other document to the Merchant Navy Veteran and Civilian War-related Benefits Act is deemed to be a reference to the Civilian War-related Benefits Act or to whichever of the following is appropriate in the circumstances: (a) the Pension Act , in relation to a person who was, immediately before the coming into force of this section, a merchant navy veteran within the meaning of the Merchant Navy Veteran and Civilian War-related Benefits Act ; (b) the Pension Act , in relation to a person who, immediately before the coming into force of this section, was eligible to be awarded a benefit under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(a) or (b); (c) the Civilian War-related Benefits Act , in relation to a person who, immediately before the coming into force of this section, was eligible to be awarded a benefit under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(c); or (d) the War Veterans Allowance Act , in relation to a person who, immediately before the coming into force of this section, was a merchant navy veteran referred to in section 57 of the Merchant Navy Veteran and Civilian War-related Benefits Act .
Coasting Trade Act — C-33.3
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Coasting Trade Act — C-33.3 1
Short title 1 This Act may be cited as the Coasting Trade Act .
Coasting Trade Act — C-33.3
Agency means the Canadian Transportation Agency; ( Office )
Coasting Trade Act — C-33.3 (a)
British entity means (a) a corporation that is incorporated in the territory of the United Kingdom, or (b) a trust, partnership, joint venture or other association that is formed in the territory of the United Kingdom; ( entité britannique )
Coasting Trade Act — C-33.3 (a)
Canadian entity means (a) a corporation that is incorporated in Canada, or (b) a trust, partnership, joint venture or other association that is formed in Canada; ( entité canadienne )
Coasting Trade Act — C-33.3
Canadian ship means a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001 , in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid; ( navire canadien )
Coasting Trade Act — C-33.3
Canadian waters means the inland waters within the meaning of section 2 of the Customs Act , the internal waters of Canada and the territorial sea of Canada; ( eaux canadiennes )
Coasting Trade Act — C-33.3
CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act ; ( AÉCG )
Coasting Trade Act — C-33.3 (a)
coasting trade means (a) the carriage of goods by ship, or by ship and any other mode of transport, from one place in Canada or above the continental shelf of Canada to any other place in Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada, but, with respect to waters above the continental shelf of Canada, includes the carriage of goods only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada, (b) subject to paragraph (c), the carriage of passengers by ship from any place in Canada situated on a lake or river to the same place, or to any other place in Canada, either directly or by way of a place outside Canada, (c) the carriage of passengers by ship from any place situated on the St. Lawrence River northeast of the Saint Lambert lock or on the Fraser River west of the Mission Bridge (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada, (d) the carriage of passengers by ship from any place in Canada other than from a place to which paragraph (b) or (c) applies (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada, (e) the carriage of passengers by ship (i) from any place in Canada to any place above the continental shelf of Canada, (ii) from any place above the continental shelf of Canada to any place in Canada, or (iii) from any place above the continental shelf of Canada to the same place or to any other place above the continental shelf of Canada where the carriage of the passengers is in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada, and (f) the engaging, by ship, in any other marine activity of a commercial nature in Canadian waters and, with respect to waters above the continental shelf of Canada, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; ( cabotage )
Coasting Trade Act — C-33.3
continental shelf [Repealed, 1996, c. 31, s. 66]
Coasting Trade Act — C-33.3
CUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act ; ( ACCCRU )
Coasting Trade Act — C-33.3
enforcement officer means a person designated pursuant to section 12 to be an enforcement officer for the purposes of this Act; ( agent de l’autorité )
Coasting Trade Act — C-33.3 (a)
EU entity means (a) a corporation that is incorporated in the territory of the European Union, or (b) a trust, partnership, joint venture or other association that is formed in the territory of the European Union; ( entité de l’Union européenne )
Coasting Trade Act — C-33.3
foreign ship means a ship other than a Canadian ship or a non-duty paid ship; ( navire étranger )
Coasting Trade Act — C-33.3
in-transit call means any call, other than an emergency or technical call, by a ship at any place where passengers go ashore temporarily but who re-board the vessel before the ship leaves that place or are transported by land to another location to re-board the same ship; ( escale de transit )
Coasting Trade Act — C-33.3
licence means a document, issued pursuant to this Act, authorizing a foreign ship or a non-duty paid ship to engage in the coasting trade while in Canadian waters or in waters above the continental shelf of Canada; ( licence )
Coasting Trade Act — C-33.3
master , in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001 ; ( capitaine )
Coasting Trade Act — C-33.3
non-duty paid ship means a ship registered in Canada in respect of which any duties and taxes under the Customs Tariff and the Excise Tax Act have not been paid; ( navire non dédouané )
Coasting Trade Act — C-33.3
owner , in relation to a ship, means the person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use; ( propriétaire )
Coasting Trade Act — C-33.3
resident in Canada has the meaning given to that expression by section 250 of the Income Tax Act ; ( résident du Canada )
Coasting Trade Act — C-33.3
ship has the same meaning as vessel in section 2 of the Canada Shipping Act, 2001 ; ( navire )
Coasting Trade Act — C-33.3
technical call means any call, other than an emergency call or an in-transit call, that is for a purpose other than the embarking or disembarking of passengers; ( escale technique )
Coasting Trade Act — C-33.3
territory of the European Union means the territory in which the Treaty on European Union, done at Maastricht on February 7, 1992, and the Treaty Establishing the European Economic Community, done at Rome on March 25, 1957 — renamed the Treaty on the Functioning of the European Union — as they are amended from time to time, are applicable, in accordance with the conditions specified in those treaties; ( territoire de l’Union européenne )
Coasting Trade Act — C-33.3
territory of the United Kingdom means a territory referred to in Article 1.3, subparagraph (b) of CETA as incorporated by reference in CUKTCA. ( territoire du Royaume-Uni )
Coasting Trade Act — C-33.3 3
bsidiary, an interest in the trust, partnership, joint venture or other association that entitles the individual or combination of individuals to receive more than 50% of its profits or more than 50% of its assets on dissolution. Third party entity (8) For the purposes of subsection (7), third party entity means (a) a corporation, other than an entity referred to in paragraph (a) of the definition of either Canadian entity or EU entity , that is not incorporated under the law of the United States; or (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either Canadian entity or EU entity , that is not formed under the law of the United States. Control — CUKTCA (9) For the purposes of subsection (2.21), an entity is under Canadian or British control (a) in the case of a third party entity that is a corporation, if securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are directly or indirectly held, otherwise than through a subsidiary or by way of security only, by or for the benefit of any of, or any combination of, the following individuals: (i) a Canadian citizen, (ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or (iii) a national of the United Kingdom; or (b) in the case of a third party entity that is a trust, partnership, joint venture or other association, if an individual, or any combination of individuals, described in any of subparagraphs (a)(i) to (iii) holds, directly or indirectly, but not through a subsidiary, an interest in the trust, partnership, joint venture or other association that entitles the individual or combination of individuals to receive more than 50% of its profits or more than 50% of its assets on dissolution. Third party entity — CUKTCA (10) For the purposes of subsection (9), third party entity means (a) a corporation, other than an entity referred to in paragraph (a) of the definition of either Canadian entity or British entity , that is not incorporated under the law of the United States; or (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either Canadian entity or British entity , that is not formed under the law of the United States. 1992, c. 31, s. 3; 1995, c. 5, s. 25; 2001, c. 26, s. 290; 2012, c. 19, s. 531; 2014, c. 29, s. 78; 2017, c. 6, s. 92; 2018, c. 10, s. 70 2021, c. 1, s. 32
Coasting Trade Act — C-33.3 4
Issuance of licence: foreign ship 4 (1) Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a foreign ship, the Minister of Public Safety and Emergency Preparedness shall issue a licence in respect of the foreign ship, where the Minister is satisfied that (a) the Agency has determined that no Canadian ship or non-duty paid ship is suitable and available to provide the service or perform the activity described in the application; (b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships; (c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the foreign ship in relation to its temporary use in Canada; (d) all certificates and documents relating to the foreign ship issued pursuant to shipping conventions to which Canada is a party are valid and in force; and (e) the foreign ship meets all safety and pollution prevention requirements imposed by any law of Canada applicable to that foreign ship. Other laws apply (2) For greater certainty, the issuance of a licence pursuant to subsection (1) does not affect the application of any law of Canada that imposes safety or pollution prevention requirements in respect of ships. 1992, c. 31, s. 4; 2005, c. 38, ss. 142, 145
Coasting Trade Act — C-33.3 5
Issuance of licence: non-duty paid ship 5 Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a non-duty paid ship, the Minister of Public Safety and Emergency Preparedness shall issue a licence in respect of the non-duty paid ship, where the Minister is satisfied that (a) the Agency has determined that no Canadian ship is suitable and available to provide the service or perform the activity described in the application; (b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships; and (c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the non-duty paid ship in relation to its temporary use in Canada. 1992, c. 31, s. 5; 2005, c. 38, ss. 142, 145
Coasting Trade Act — C-33.3 5.1
Dredging — provisions not applicable 5.1 (1) The following provisions do not apply with respect to licence applications relating to dredging activities that are to be provided under an agreement with Her Majesty in right of Canada or with an entity that is listed either in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA or in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA: (a) paragraph 5(a), in the case of an application made on behalf of a ship described in paragraph 3(2.11)(a); and (b) paragraph 4(1)(a), in the case of an application made on behalf of a ship described in subsection 3(2.2) or (2.21). Total value of agreement (2) Subsection (1) applies only if the total value of the agreement of which the dredging activities form a part is equal to or greater than the threshold — the sum in Canadian dollars which the Minister for International Trade determines to be equivalent, for a period which he or she determines, to 5 million special drawing rights issued by the International Monetary Fund — that is applicable on the day of the issuance of the call or request for bids or tenders related to the activities. 2017, c. 6, s. 93; 2018, c. 10, s. 71 2021, c. 1, s. 33