GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) Copies of documents which are certified as true and exact copies by the agency of one Contracting State shall be accepted as true and exact copies by the agency of the other Contracting State, without further certification. The agency of each Contracting State shall be the final judge of the probative value of the evidence submitted to it from whatever source.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) The Competent Authorities and agencies of the Contracting States may correspond directly with each other and with any person wherever the person may reside whenever it is necessary for the administration of this Agreement. The correspondence may be in the official languages of either Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) No application or document may be rejected by a Competent Authority or an agency solely on the grounds that it is written in an official language of the other Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) A written application for benefits filed with an agency of one Contracting State shall protect the rights of the claimants under the laws of the other Contracting State if the applicant: (a) requests that it be considered an application under the laws of the other Contracting State; or (b) in the absence of a request that it not be so considered, provides information at the time of application indicating that the person on whose record benefits are claimed has completed periods of coverage under the laws of the other Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (a)
(a) requests that it be considered an application under the laws of the other Contracting State; or
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (b)
(b) in the absence of a request that it not be so considered, provides information at the time of application indicating that the person on whose record benefits are claimed has completed periods of coverage under the laws of the other Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) An application for benefits under the laws of one Contracting State which is filed with the agency of the other Contracting State in accordance with paragraph (1) of this Article shall be adjudicated by the agency of the first Contracting State under the applicable provisions of its laws.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (3)
(3) An applicant may request that an application filed with an agency of one Contracting State be effective on a different date in the other Contracting State within the limitations of and in conformity with the laws of the other Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (4)
(4) The provisions of Part III of this Agreement shall apply only to an application for benefits which is filed on or after the date this Agreement enters into force.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) A written appeal of a determination made by the agency of one Contracting State may be validly filed with an agency of either Contracting State. The appeal shall be dealt with according to the appeal procedure of the laws of the Contracting State whose decision is being appealed.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) Any claim, notice or written appeal which, under the laws of one Contracting State, must have been filed within a prescribed period with the agency of that Contracting State, but which is instead filed within the same prescribed period with the agency of the other Contracting State, shall be considered to be filed on time and shall be forthwith transmitted to the agency of the first Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
Unless disclosure is required under the national statutes of a Contracting State, information about an individual which is transmitted in accordance with the Agreement to that Contracting State by the other Contracting State is confidential and shall be used exclusively for the purposes of implementing this Agreement. Such information received by a Contracting State shall be governed by the national statutes of that Contracting State for the protection of privacy and confidentiality of personal data.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) No provision of this Agreement shall confer any right (a) to receive a pension, allowance or benefit for a period before the date of the entry into force of the Agreement; or (b) to receive a lump-sum death benefit if the person died before the entry into force of the Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (a)
(a) to receive a pension, allowance or benefit for a period before the date of the entry into force of the Agreement; or
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (b)
(b) to receive a lump-sum death benefit if the person died before the entry into force of the Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) In the implementation of this Agreement, consideration shall also be given to periods of coverage and other events relevant to rights under the laws occurring before the entry into force of this Agreement, except that neither Contracting State shall take into account periods of coverage occurring prior to the effective date of its laws.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (3)
(3) Determinations made before the entry into force of this Agreement shall not affect rights arising under it.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (4)
(4) This Agreement shall not result in the reduction of benefit amounts because of its entry into force.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (5)
(5) The period of work referred to in the last sentence of Article V(2)(a) shall be measured beginning on or after the date on which this Agreement enters into force.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
The Competent Authority of the United States and the authorities of the provinces of Canada may conclude understandings concerning any social security legislation within the provincial jurisdiction insofar as those understandings are not inconsistent with the provisions of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) This Agreement shall remain in force and effect until the expiration of one calendar year following the year in which written notice of its denunciation is given by one of the Contracting States to the other Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) If this Agreement is terminated by denunciation, rights regarding entitlement to or payment of benefits acquired under it shall be retained; the Contracting States shall make arrangements dealing with rights in the process of being acquired.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
This Agreement shall enter into force on the first day of the second month following the month in which each Government shall have received from the other Government written notification that it has complied with all statutory and constitutional requirements for the entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
In witness whereof, the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
Done in two copies at Ottawa this 11th day of March, 1981, in the English and French languages, each version being equally authentic.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
For the Government of the United States of America
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.01
Application of Rule 63.01 This rule applies to appeals to the Court of Appeal under the Criminal Code (Canada). SI/94-41, s. 2
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.02
Interpretation and Definitions 63.02 (1) Unless the context requires otherwise, the interpretation and definition sections of the Criminal Code apply to this rule. (2) In this rule, unless the context requires otherwise appeal includes a cross-appeal; ( appel ) clerk means the clerk of the Court of Queen’s Bench for the judicial district in which the trial was held; ( greffier ) Judge means a Judge of the Court of Appeal; ( juge d’appel ) Notice of Appeal includes notice of cross-appeal; ( avis d’appel ) penal institution includes a penitentiary as defined in the Corrections and Conditional Release Act (Canada) and a correctional institution as defined in the Corrections Act ; ( institution pénale ) prisoner appeal means an appeal by a person who, when the notice of appeal is given, is in custody and is not represented by counsel; ( appel d’un détenu ) Registrar means the Registrar of the Court of Appeal and includes a deputy registrar of the Court of Appeal; ( registraire ) trial decision includes the conviction, judgment or verdict of acquittal, sentence or order against which an appeal may be taken; ( décision de première instance ) trial judge means the judge who presided at the trial in the trial court. ( juge de première instance ) (3) The address of the Registrar is The Registrar, The Court of Appeal, Justice Building, Queen Street, P.O. Box 6000, Fredericton, N.B. E3B 5H1. SI/94-41, s. 3
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
appeal includes a cross-appeal; ( appel )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
clerk means the clerk of the Court of Queen’s Bench for the judicial district in which the trial was held; ( greffier )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
Judge means a Judge of the Court of Appeal; ( juge d’appel )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
Notice of Appeal includes notice of cross-appeal; ( avis d’appel )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
penal institution includes a penitentiary as defined in the Corrections and Conditional Release Act (Canada) and a correctional institution as defined in the Corrections Act ; ( institution pénale )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
prisoner appeal means an appeal by a person who, when the notice of appeal is given, is in custody and is not represented by counsel; ( appel d’un détenu )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
Registrar means the Registrar of the Court of Appeal and includes a deputy registrar of the Court of Appeal; ( registraire )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
trial decision includes the conviction, judgment or verdict of acquittal, sentence or order against which an appeal may be taken; ( décision de première instance )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
trial judge means the judge who presided at the trial in the trial court. ( juge de première instance )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.03
Leave to Appeal 63.03 Where leave to appeal is required, the Notice of Appeal shall contain an application for leave to appeal.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.04
Commencement of Appeal 63.04 (1) An appeal shall be commenced by issuing a Notice of Appeal and (a) if the appeal is under Part XXI of the Criminal Code (i) Notice of Appeal by the Attorney General or counsel instructed by him shall be in Form 63A, (ii) Notice of Appeal by a convicted person represented by counsel shall be in Form 63B, (iii) Notice of Appeal by a convicted person not represented by counsel shall be in Form 63C, and (b) in all other cases a Notice of Appeal shall be in Form 63D. (2) A party who proposes to appeal to the Court of Appeal shall issue a Notice of Appeal within 30 days from the date of the trial decision or the date of sentencing, whichever is later, or such extended time as the Court of Appeal or a Judge allows. (3) A Notice of Appeal shall state the relief sought and the grounds of appeal including particulars of (a) any evidence the appellant contends was wrongfully admitted or excluded, and (b) any misdirection or nondirection by the trial judge. SI/93-198, s. 1; SI/94-41, s. 4
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.05
Issue and Service of Notice of Appeal 63.05 (1) Subject to paragraph (2) a Notice of Appeal is issued when the original and 3 copies (a) are filed in the office of the Registrar, or (b) are sent by prepaid registered mail or prepaid courier addressed to the Registrar at the address set out in Rule 63.02(3). (2) Where the appellant is a prisoner in a penal institution and is not represented by counsel, a Notice of Appeal is issued when the original and 4 copies are served on the senior officer of the institution in which the appellant is imprisoned. (3) When the senior officer of a penal institution is served with a Notice of Appeal under paragraph (2) he shall (a) endorse the date of service on all copies of the Notice of Appeal, (b) return a copy so endorsed to the appellant, and (c) forward the original and the other 3 copies to the Registrar. (4) Upon receiving a Notice of Appeal the Registrar shall (a) assign to the Notice of Appeal a Court of Appeal file number, (b) enface on the original and copies the file number and date of issue, (c) forward a copy to (i) the clerk of the court, if the trial was held in the Court of Queen’s Bench, or (ii) the trial judge, if the trial was held in the Provincial Court, (d) if the appellant is an accused or a defendant (i) retain and file the original, (ii) forward a copy to the Attorney General, and (iii) return a copy to the appellant, (e) if the appellant is the Attorney General or counsel instructed by him, or an informant, (i) return the original to the appellant, and (ii) retain and file a copy. (5) Where the appellant is an accused or a defendant the forwarding by the Registrar to the Attorney General of a copy of the Notice of Appeal is deemed to be service on the respondent. (6) An appellant who is not an accused or defendant shall, within 15 days after the Notice of Appeal is issued or such extended time as the Court of Appeal or a Judge allows, serve the Notice of Appeal on the respondent or such other person as a Judge directs, in the manner prescribed by Rule 18 for the service of originating process or in such manner as a Judge directs. (7) Where a convicted person not represented by counsel commences an appeal and subsequently retains counsel, the counsel shall immediately give written notice to the respondent and to the Registrar of his retention and his address for service. SI/94-41, s. 5
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.06
Cross-Appeals 63.06 A respondent may, within 15 days after a Notice of Appeal has been served upon him, issue and serve a Notice of Cross-Appeal upon the appellant in the same manner as a Notice of Appeal is served under Rule 63.05.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.07
Transcript of Evidence 63.07 (1) Except in a prisoner appeal, an appellant shall, forthwith after issuing a Notice of Appeal, forward to the clerk of the judicial district in which the proceeding was commenced a written request for preparation of the transcript required by subsection 682(2) of the Criminal Code to be furnished to the Court of Appeal. (2) Subject to paragraph (3) in a prisoner appeal where the person appealing has a right of appeal or has been granted leave to appeal the Attorney General shall, forthwith after receiving the Notice of Appeal, forward to the clerk of the judicial district in which the proceeding was commenced a request for preparation of the transcript. (3) Unless the Court of Appeal or a Judge orders otherwise, where an appeal is against sentence only the transcript shall be limited to (a) evidence given and submissions made on the issue of sentence, and (b) the reason for sentence given by the trial judge. (4) The parties to an appeal may agree in writing or a Judge may, on motion, order that part of the transcript be omitted. (5) The parties to an appeal may agree to a Statement of Facts in place of a transcript of evidence and the exhibits. (6) Where an agreement or order is made under paragraph (3), (4) or (5) the appellant or Attorney General shall modify or withdraw his request for preparation of a transcript. (7) When the evidence has been transcribed, the court stenographer shall forthwith (a) forward the original transcript to the Registrar, and (b) notify (i) the parties to the appeal, and (ii) the clerk, if the trial was held in the Court of Queen’s Bench, or (iii) the trial judge, if the trial was held in the Provincial Court. (8) Unless ordered otherwise, within 15 days after being notified that the evidence has been transcribed (a) the clerk, if the trial was held in the Court of Queen’s Bench, or (b) the trial judge, if the trial was held in the Provincial Court, shall forward to the Registrar the original file. (9) A party to an appeal shall pay the fees prescribed under the Recording of Evidence Act for a copy or transcript of any material prepared under subsection 682(2) of the Criminal Code . SI/94-41, s. 6; SI/97-125, s. 1; SI/2010-29, s. 1
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.08
Exhibits 63.08 (1) Unless provided otherwise by the Criminal Code and subject to paragraphs (2), (3) and (4), a trial court shall retain all exhibits received in a trial or hearing the disposition of which may be appealed to the Court of Appeal (a) where no appeal is taken, until 90 days after the expiry of the time for giving a Notice of Appeal or any extension thereof, or (b) where an appeal is taken, until (i) the appeal is abandoned, (ii) 30 days after the time limited for taking an appeal to the Supreme Court of Canada, or any extension thereof, or (iii) final disposition of the appeal by the Supreme Court of Canada, and shall then return the exhibits to the parties by whom they were produced at the trial or hearing. (2) Where an appeal is taken, a Judge or the Registrar may at any time prior to disposition of the appeal request the trial court to forward all or any of the exhibits to the Court of Appeal. (3) The clerk, if the trial or hearing was in the Court of Queen’s Bench, or the trial judge, if the trial or hearing was in the Provincial Court, shall comply with a request made under paragraph (2). (4) When exhibits have been forwarded to the Court of Appeal the Registrar shall, after the appeal is disposed of, return the exhibits to the trial court or to the parties by whom they were produced at the trial or hearing. (5) Where a party refuses to accept return of any exhibits the custodian thereof may, on 10 days notice to that party, apply to a judge of the trial court for an order for disposal of the exhibits by destruction or otherwise. (6) Nothing in this subrule affects any Act relating to exhibits or things seized or forfeited.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.09
Report of Trial Judge 63.09 (1) Where an appeal is against sentence and in any other appeal when so directed by the Court of Appeal or a Judge the Registrar shall, on behalf of the Court of Appeal and pursuant to subsection 682(1) of the Criminal Code , request the trial judge to forward to him for the use of the Court of Appeal a report on the case in general and, in particular, on the matters raised in the Notice of Appeal. (2) Upon receiving a report of a trial judge pursuant to this subrule or pursuant to any request of the Court of Appeal or a Judge, the Registrar shall mail copies thereof to the parties to the appeal or their counsel. SI/94-41, s. 7