GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Health of Animals Act — H-3.3 61
Fees, charges and costs related to measures 61 (1) Her Majesty may recover from any person mentioned in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to taking any measures under section 27.4. Persons liable (2) The fees, charges and costs are recoverable from any persons who through their fault or negligence, or that of others for whom in law they are responsible, caused or contributed to the causation of the existence or spread of the disease or toxic substance in respect of which a primary control zone was declared. 1990, c. 21, s. 61; 2012, c. 19, s. 511; 2015, c. 3, s. 107(F)
Health of Animals Act — H-3.3 62
Fees, charges, and costs for requested services 62 Her Majesty may recover from any person who requests a service or the issue, renewal or amendment of a licence, permit, approval, certificate or other document under this Act or the regulations any prescribed fee or charge and any costs incurred by Her Majesty in relation to rendering the service or issuing, renewing or amending the document.
Health of Animals Act — H-3.3 63
Unpaid fees, charges or costs 63 Any fees, charges or costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty. 1990, c. 21, s. 63; 1993, c. 34, s. 75
Health of Animals Act — H-3.3 64.1
Incorporation by reference 64.1 (1) A regulation made under section 64 may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility (2) The Minister must ensure that any document that is incorporated by reference in a regulation made under section 64, including any amendments to the document, is accessible. Defence (3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under section 64 is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation made under section 64 is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2015, c. 2, s. 96
Health of Animals Act — H-3.3 64.2
Consideration of information 64.2 In considering an application made under the regulations in relation to an animal or thing, the Minister may consider information that is available from a review or evaluation of an animal or thing conducted by the government of a foreign state or of a subdivision of a foreign state or by an international organization, or association, of states. 2015, c. 2, s. 96
Health of Animals Act — H-3.3 64.3
Non-application of Statutory Instruments Act 64.3 The Statutory Instruments Act does not apply in respect of a notice referred to in section 66. 2015, c. 2, s. 96
Health of Animals Act — H-3.3 65
General offence 65 (1) Every person who contravenes any provision of this Act, other than section 15, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both. Possession and disposal (2) Every person who contravenes section 15 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars. No imprisonment (3) Notwithstanding the Criminal Code , no person shall be committed to prison for default of payment of a fine imposed under subsection (2). 1990, c. 21, s. 65; 1995, c. 40, s. 61; 2012, c. 19, s. 513(F)
Health of Animals Act — H-3.3 66
Failure to comply with notices 66 Every person who fails to comply with a notice delivered to them under section 18, 25, 27.6, 37, 43 or 48 or the regulations is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both. 1990, c. 21, s. 66; 1995, c. 40, s. 62; 2012, c. 19, s. 514
Health of Animals Act — H-3.3 67
Fine of vessel 67 Where a person is convicted of an offence arising out of a contravention of subsection 19(3) in relation to a vessel, the vessel is liable to a fine not exceeding fifty thousand dollars.
Health of Animals Act — H-3.3 68
Limitation period 68 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises. 1990, c. 21, s. 68; 2015, c. 2, s. 97
Health of Animals Act — H-3.3 69
Ticket offences 69 The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code , (a) an inspector or officer may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector’s or officer’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, or (b) the summons may be served on an accused by mailing the summons to the accused at the accused’s latest known address, and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.
Health of Animals Act — H-3.3 70
Recovery of fines 70 Where a person is convicted of an offence under this Act and a fine that is imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.
Health of Animals Act — H-3.3 71
Parties to offence 71 If a person other than an individual commits an offence under this Act, any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence. 1990, c. 21, s. 71; 2015, c. 2, s. 98
Health of Animals Act — H-3.3 72
Proof of offence 72 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. 1990, c. 21, s. 72; 2015, c. 2, s. 98
Health of Animals Act — H-3.3 73
Place of trial 73 A prosecution for an offence under this Act may be instituted, heard and determined in the place where (a) the offence was committed or the subject-matter of the prosecution arose; (b) the accused was apprehended; or (c) the accused happens to be, or is carrying on business.
Health of Animals Act — H-3.3 74
Certificates and reports 74 (1) In any proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or an analyst, inspector or officer, purporting to have been signed by the Minister or the analyst, inspector or officer, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Copies of documents (2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record or other document that is made by the Minister or an analyst, inspector or officer under this Act or the regulations and that appears to have been certified under the signature of the Minister or the analyst, inspector or officer as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Presumed date of issue (3) Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears. Notice (4) No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy or extract. 1990, c. 21, s. 74; 1995, c. 40, s. 63
Health of Animals Act — H-3.3 75
Orders continued as regulations 75 Any orders made under section 16 of the Animal Disease and Protection Act and in force immediately before the repeal of that Act by section 76 of this Act shall continue in force as if they were regulations made under section 14 of this Act. 1990, c. 21, s. 75; 1993, c. 34, s. 77(F)
Health of Animals Act — H-3.3 Coming into force
Coming into force * 78 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force January 1, 1991, see SI/91-2.]
Heritage Lighthouse Protection Act — H-3.4 Preamble
Preamble WHEREAS lighthouses have long graced Canada’s rugged coastlines and majestic shores, providing and symbolizing direction, hope and safe harbour to generations of mariners;
Heritage Lighthouse Protection Act — H-3.4
AND WHEREAS lighthouses form an integral part of Canada’s identity, culture and heritage, and are of historic and aesthetic interest and significance to our communities and our nation;
Heritage Lighthouse Protection Act — H-3.4
AND WHEREAS communities in the areas in which lighthouses are situated have an important role in the conservation and protection of heritage lighthouses and in ensuring a public purpose for them;
Heritage Lighthouse Protection Act — H-3.4
AND WHEREAS it is important to provide access to heritage lighthouses in order for people to understand and appreciate the contribution of those lighthouses to Canada’s maritime heritage;
Heritage Lighthouse Protection Act — H-3.4
AND WHEREAS the Parliament of Canada recognizes that measures must be taken to conserve and protect our heritage lighthouses;
Heritage Lighthouse Protection Act — H-3.4
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Heritage Lighthouse Protection Act — H-3.4 1
Short title 1 This Act may be cited as the Heritage Lighthouse Protection Act .
Heritage Lighthouse Protection Act — H-3.4 2
Definitions 2 The following definitions apply in this Act. advisory committee means the advisory committee established by the Minister under section 10. ( comité consultatif ) alter includes to restore or renovate, but does not include to perform routine maintenance and repairs. ( modifier ) established criteria means the criteria established by the Minister under paragraph 16(a). ( critère établi ) heritage lighthouse means a lighthouse designated as a heritage lighthouse under this Act, and includes any related building that is included in the designation. ( phare patrimonial ) lighthouse means a tower or other structure, including its fixtures, that was built to contain, contains, or once contained a beacon light or other signal to warn or guide marine vessels, whether or not it is now in use as an aid to navigation. ( phare ) Minister means the Minister responsible for the Parks Canada Agency. ( ministre ) related building , in relation to a heritage lighthouse, means any building on the site on which the lighthouse is situated that contributes to the heritage character of the lighthouse. ( bâtiment connexe )
Heritage Lighthouse Protection Act — H-3.4
advisory committee means the advisory committee established by the Minister under section 10. ( comité consultatif )
Heritage Lighthouse Protection Act — H-3.4
alter includes to restore or renovate, but does not include to perform routine maintenance and repairs. ( modifier )
Heritage Lighthouse Protection Act — H-3.4
established criteria means the criteria established by the Minister under paragraph 16(a). ( critère établi )
Heritage Lighthouse Protection Act — H-3.4
heritage lighthouse means a lighthouse designated as a heritage lighthouse under this Act, and includes any related building that is included in the designation. ( phare patrimonial )
Heritage Lighthouse Protection Act — H-3.4
lighthouse means a tower or other structure, including its fixtures, that was built to contain, contains, or once contained a beacon light or other signal to warn or guide marine vessels, whether or not it is now in use as an aid to navigation. ( phare )
Heritage Lighthouse Protection Act — H-3.4
Minister means the Minister responsible for the Parks Canada Agency. ( ministre )
Heritage Lighthouse Protection Act — H-3.4
related building , in relation to a heritage lighthouse, means any building on the site on which the lighthouse is situated that contributes to the heritage character of the lighthouse. ( bâtiment connexe )
Heritage Lighthouse Protection Act — H-3.4 3
Purpose 3 The purpose of this Act is to conserve and protect heritage lighthouses by (a) providing for the selection and designation of heritage lighthouses; (b) preventing the unauthorized alteration or disposition of heritage lighthouses; (c) requiring that heritage lighthouses be reasonably maintained; and (d) facilitating sales or transfers of heritage lighthouses in order to ensure the lighthouses’ public purpose.
Heritage Lighthouse Protection Act — H-3.4 4
Application 4 This Act applies to lighthouses that are the property of Her Majesty in right of Canada.
Heritage Lighthouse Protection Act — H-3.4 5
Binding on Her Majesty 5 This Act is binding on Her Majesty in right of Canada.
Heritage Lighthouse Protection Act — H-3.4 6
Designation by the Minister 6 (1) The Minister may, at any time, taking into account the established criteria, designate a lighthouse to be a heritage lighthouse for the purposes of this Act. Inclusion of related structure (2) The designation of a lighthouse may include any related building that the Minister considers should be included in the designation, taking into account the established criteria.
Heritage Lighthouse Protection Act — H-3.4 7
Definition of petition 7 (1) In this section, petition means a petition that a specified lighthouse be designated as a heritage lighthouse that is (a) signed by at least 25 persons who are resident in Canada and are 18 years of age or older, and whose names and addresses appear in printed form on the petition; and (b) received by the Minister within two years after the coming into force of this Act. Consideration within five years (2) Within five years after the coming into force of this Act, the Minister must, taking into account the established criteria, (a) consider all lighthouses in respect of which the Minister receives a petition; and (b) determine which of them should be designated as heritage lighthouses and whether any related buildings should be included in the designations, and make the appropriate designations.
Heritage Lighthouse Protection Act — H-3.4 8
Surplus lighthouses 8 (1) For two years beginning with the coming into force of this Act, every Minister of the Crown in right of Canada who has the administration of lighthouses must maintain and make available to the public a list of those lighthouses that he or she considers to be surplus to the operational requirements of the portion of the federal public administration for which he or she is responsible. Commitment (2) A surplus lighthouse may only be designated as a heritage lighthouse if a person or body submits a written commitment to buy or otherwise acquire the lighthouse and to protect its heritage character in the event that it is designated as a heritage lighthouse.
Heritage Lighthouse Protection Act — H-3.4 9
Publication of list of lighthouses considered 9 Within 90 days after the expiration of the five-year period referred to in subsection 7(2), the Minister must publish, in the Canada Gazette , a list of all lighthouses that the Minister has considered for designation as heritage lighthouses under this Act, indicating, for each lighthouse, whether or not it has been designated as a heritage lighthouse.
Heritage Lighthouse Protection Act — H-3.4 10
Advisory committee 10 The Minister must establish an advisory committee to advise and assist the Minister on matters relating to heritage lighthouses, including the designation and protection of heritage lighthouses and the establishment of criteria for their designation, alteration and maintenance.
Heritage Lighthouse Protection Act — H-3.4 11
Consultation with the advisory committee 11 The Minister must consult with the advisory committee, and may consult with any other persons or bodies that the Minister considers appropriate, before determining whether a lighthouse should be designated as a heritage lighthouse and whether any related building should be included in the designation.
Heritage Lighthouse Protection Act — H-3.4 12
Alterations 12 (1) A heritage lighthouse, or any part of it, may only be altered in accordance with the criteria and procedures established under paragraph 16(b). Exception (2) Subsection (1) does not apply in respect of an alteration made to a heritage lighthouse (a) in response to an emergency situation or an urgent operational requirement; or (b) for operational reasons, if the alteration does not affect the heritage character of the heritage lighthouse.
Heritage Lighthouse Protection Act — H-3.4 13
Notice of transfer or sale 13 (1) A heritage lighthouse, or any part of it, may only be transferred to Her Majesty in right of a province or sold if a notice is published at least 90 days before the transfer or sale in one or more newspapers of general circulation in the area in which the lighthouse is situated. Public meeting (2) A heritage lighthouse, or any part of it, may only be sold if a public meeting is held on the matter in the area in which the lighthouse is situated, unless the sale is to a municipality or to a person or body that is acquiring the heritage lighthouse for a public purpose. Protection of heritage character (3) Any transaction effecting a transfer to Her Majesty in right of a province or a sale must provide for the protection of the heritage character of the heritage lighthouse by any means that the Minister may authorize.
Heritage Lighthouse Protection Act — H-3.4 14
Notice of demolition 14 (1) A heritage lighthouse, or any part of it, may only be demolished if there is no reasonable alternative and if a notice is published at least 90 days before the demolition in one or more newspapers of general circulation in the area in which the lighthouse is situated. Public meeting (2) A heritage lighthouse, or any part of it, may only be demolished if a public meeting is held on the matter in the area in which the lighthouse is situated. Exception (3) Subsections (1) and (2) do not apply in respect of the demolition of a heritage lighthouse in response to an emergency situation or an urgent operational requirement.
Heritage Lighthouse Protection Act — H-3.4 15
Duty to maintain 15 The owner of a heritage lighthouse must maintain it in accordance with the criteria established under paragraph 16(c).
Heritage Lighthouse Protection Act — H-3.4 16
Criteria 16 The Minister must (a) establish criteria to be taken into account in considering whether a lighthouse should be designated as a heritage lighthouse and whether any related building should be included in the designation; (b) establish criteria and procedures respecting the alteration of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties; and (c) establish criteria for the maintenance of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties.
Heritage Lighthouse Protection Act — H-3.4 Coming into force
Coming into force * 19 This Act comes into force on the day that is two years after the day on which it receives royal assent, or on an earlier day fixed by order of the Governor in Council. * [Note: Act in force on May 29, 2010.]
Heritage Railway Stations Protection Act — H-3.5 1
Short title 1 This Act may be cited as the Heritage Railway Stations Protection Act .
Heritage Railway Stations Protection Act — H-3.5 2
Interpretation 2 (1) In this Act, alter means to change in any manner and includes to restore, renovate or repair; ( modifier ) Board means the Historic Sites and Monuments Board of Canada established by section 4 of the Historic Sites and Monuments Act ; ( Commission ) heritage feature means any feature of a heritage railway station designated by the Minister on the recommendation of the Board as a heritage feature; ( caractéristique patrimoniale ) heritage railway station means any railway station designated by the Minister on the recommendation of the Board as a heritage railway station; ( gare ferroviaire patrimoniale ) Minister means the Minister responsible for the Parks Canada Agency; ( ministre ) prescribed means prescribed by regulation of the Governor in Council. ( Version anglaise seulement ) Part III of the Canada Transportation Act (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part III of the Canada Transportation Act . R.S., 1985, c. 52 (4th Supp.), s. 2; 1996, c. 10, s. 231; 2005, c. 2, s. 10
Heritage Railway Stations Protection Act — H-3.5
alter means to change in any manner and includes to restore, renovate or repair; ( modifier )
Heritage Railway Stations Protection Act — H-3.5
Board means the Historic Sites and Monuments Board of Canada established by section 4 of the Historic Sites and Monuments Act ; ( Commission )
Heritage Railway Stations Protection Act — H-3.5
heritage feature means any feature of a heritage railway station designated by the Minister on the recommendation of the Board as a heritage feature; ( caractéristique patrimoniale )
Heritage Railway Stations Protection Act — H-3.5
heritage railway station means any railway station designated by the Minister on the recommendation of the Board as a heritage railway station; ( gare ferroviaire patrimoniale )
Heritage Railway Stations Protection Act — H-3.5
Minister means the Minister responsible for the Parks Canada Agency; ( ministre )
Heritage Railway Stations Protection Act — H-3.5
prescribed means prescribed by regulation of the Governor in Council. ( Version anglaise seulement )
Heritage Railway Stations Protection Act — H-3.5 3
Application 3 This Act applies to railway companies to which Part III of the Canada Transportation Act applies. R.S., 1985, c. 52 (4th Supp.), s. 3; 1995, c. 24, s. 18; 1996, c. 10, s. 232