GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Investment Canada Act — I-21.8 14
2009, c. 2, s. 453 14 (1) Subsection 25.2(1) of the Act is replaced by the following: Notice 25.2 (1) If the Minister has reasonable grounds to believe that an investment by a non-Canadian could be injurious to national security, the Minister may, within the prescribed period, send to the non-Canadian a notice that an order for the further review of the investment may be made under subsection 25.3(1). Act of corruption (1.1) For the purposes of subsection (1), the fact that a non-Canadian has previously been convicted, within or outside Canada, for an offence involving an act of corruption constitutes, by itself, reasonable grounds.
Investment Canada Act — I-21.8 25.2
Notice 25.2 (1) If the Minister has reasonable grounds to believe that an investment by a non-Canadian could be injurious to national security, the Minister may, within the prescribed period, send to the non-Canadian a notice that an order for the further review of the investment may be made under subsection 25.3(1). Act of corruption (1.1) For the purposes of subsection (1), the fact that a non-Canadian has previously been convicted, within or outside Canada, for an offence involving an act of corruption constitutes, by itself, reasonable grounds.
Investment Canada Act — I-21.8 20
20 (1) Paragraph 39(1)(a) of the Act is replaced by the following: (a) has failed to give notice in accordance with section 12 or file an application in accordance with section 17, 2009, c. 2, s. 460(1) (2) Paragraph 39(1)(b) of the Act is replaced by the following: (b) has implemented an investment the implementation of which is prohibited by section 12, 16, 24, 25.2 or 25.3,
Investment Canada Act — I-21.8 21
2009, c. 2, s. 462(1) 21 (1) Subsection 40(1) of the Act is replaced by the following: Application for court order 40 (1) An application on behalf of the Minister may be made to a superior court for an order under subsection (2) or (2.1) if (a) a non-Canadian fails to give notice in accordance with paragraph 12(1)(a) or to file, with respect to a Canadian business that carries on a prescribed business activity, an application in accordance with section 17; or (b) a non-Canadian or any other person or entity fails to comply with a demand under section 39. 2009, c. 2, s. 462(2) (2) The portion of subsection 40(2) of the Act before paragraph (a) is replaced by the following: Court orders (2) If, at the conclusion of the hearing on an application referred to in subsection (1), the superior court decides that the non-Canadian has failed to give the notice or file the application referred to in paragraph (1)(a), or that the Minister was justified in sending a demand to the non-Canadian or other person or entity under section 39 and that the non-Canadian or other person or entity has failed to comply with the demand, the court may make any order or orders that, in its opinion, the circumstances require, including an order 2009, c. 2, s. 462(4) (3) Paragraphs 40(2)(c.1) and (d) of the Act are replaced by the following: (c.1) directing the non-Canadian to comply with a written undertaking given to His Majesty in right of Canada and referred to in paragraph 25.3(6)(c) or 25.31(a); (c.2) directing the non-Canadian to comply with an order made under section 25.3; (d) against the non-Canadian imposing a penalty not exceeding (i) in the case of a failure to give notice in accordance with paragraph 12(1)(a) or to file, with respect to a Canadian business that carries on a prescribed business activity, an application in accordance with section 17, the greater of $500,000 and any prescribed amount, or (ii) in the case of any other contravention of the provisions of this Act or the regulations, the greater of $25,000 and any prescribed amount for each day of the contravention;
Investment Canada Act — I-21.8 40
Application for court order 40 (1) An application on behalf of the Minister may be made to a superior court for an order under subsection (2) or (2.1) if (a) a non-Canadian fails to give notice in accordance with paragraph 12(1)(a) or to file, with respect to a Canadian business that carries on a prescribed business activity, an application in accordance with section 17; or (b) a non-Canadian or any other person or entity fails to comply with a demand under section 39.
Interpretation Act — I-21 1
Short title 1 This Act may be cited as the Interpretation Act . R.S., c. I-23, s. 1
Interpretation Act — I-21 2
Definitions 2 (1) In this Act, Act means an Act of Parliament; ( loi ) enact includes to issue, make or establish; ( Version anglaise seulement ) enactment means an Act or regulation or any portion of an Act or regulation; ( texte ) public officer includes any person in the federal public administration who is authorized by or under an enactment to do or enforce the doing of an act or thing or to exercise a power, or on whom a duty is imposed by or under an enactment; ( fonctionnaire public ) regulation includes an order, regulation, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established (a) in the execution of a power conferred by or under the authority of an Act, or (b) by or under the authority of the Governor in Council; ( règlement ) repeal includes revoke or cancel. ( Version anglaise seulement ) Expired and replaced enactments (2) For the purposes of this Act, an enactment that has been replaced is repealed and an enactment that has expired, lapsed or otherwise ceased to have effect is deemed to have been repealed. R.S., 1985, c. I-21, s. 2; 1993, c. 34, s. 88; 1999, c. 31, s. 146; 2003, c. 22, s. 224(E)
Interpretation Act — I-21
enact includes to issue, make or establish; ( Version anglaise seulement )
Interpretation Act — I-21
enactment means an Act or regulation or any portion of an Act or regulation; ( texte )
Interpretation Act — I-21
public officer includes any person in the federal public administration who is authorized by or under an enactment to do or enforce the doing of an act or thing or to exercise a power, or on whom a duty is imposed by or under an enactment; ( fonctionnaire public )
Interpretation Act — I-21 (a)
regulation includes an order, regulation, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established (a) in the execution of a power conferred by or under the authority of an Act, or (b) by or under the authority of the Governor in Council; ( règlement )
Interpretation Act — I-21
repeal includes revoke or cancel. ( Version anglaise seulement )
Interpretation Act — I-21 3
Application 3 (1) Every provision of this Act applies, unless a contrary intention appears, to every enactment, whether enacted before or after the commencement of this Act. Application to this Act (2) The provisions of this Act apply to the interpretation of this Act. Rules of construction not excluded (3) Nothing in this Act excludes the application to an enactment of a rule of construction applicable to that enactment and not inconsistent with this Act. R.S., c. I-23, s. 3
Interpretation Act — I-21 4
Enacting clause 4 (1) The enacting clause of an Act may be in the following form: “Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”. Order of clauses (2) The enacting clause of an Act shall follow the preamble, if any, and the various provisions within the purview or body of the Act shall follow in a concise and enunciative form. R.S., c. I-23, s. 4
Interpretation Act — I-21
“Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”.
Interpretation Act — I-21 5
Royal assent 5 (1) The Clerk of the Parliaments shall endorse on every Act, immediately after its title, the day, month and year when the Act was assented to in Her Majesty’s name and the endorsement shall be a part of the Act. Date of commencement (2) If no date of commencement is provided for in an Act, the date of commencement of that Act is the date of assent to the Act. Commencement provision (3) Where an Act contains a provision that the Act or any portion thereof is to come into force on a day later than the date of assent to the Act, that provision is deemed to have come into force on the date of assent to the Act. Commencement when no date fixed (4) Where an Act provides that certain provisions thereof are to come or are deemed to have come into force on a day other than the date of assent to the Act, the remaining provisions of the Act are deemed to have come into force on the date of assent to the Act. R.S., c. I-23, s. 5
Interpretation Act — I-21 6
Operation when date fixed for commencement or repeal 6 (1) Where an enactment is expressed to come into force on a particular day, it shall be construed as coming into force on the expiration of the previous day, and where an enactment is expressed to expire, lapse or otherwise cease to have effect on a particular day, it shall be construed as ceasing to have effect on the commencement of the following day. When no date fixed (2) Every enactment that is not expressed to come into force on a particular day shall be construed as coming into force (a) in the case of an Act, on the expiration of the day immediately before the day the Act was assented to in Her Majesty’s name; and (b) in the case of a regulation, on the expiration of the day immediately before the day the regulation was registered pursuant to section 6 of the Statutory Instruments Act or, if the regulation is of a class that is exempted from the application of subsection 5(1) of that Act, on the expiration of the day immediately before the day the regulation was made. Judicial notice (3) Judicial notice shall be taken of a day for the coming into force of an enactment that is fixed by a regulation that has been published in the Canada Gazette . R.S., 1985, c. I-21, s. 6; 1992, c. 1, s. 87
Interpretation Act — I-21 7
Preliminary proceedings 7 Where an enactment is not in force and it contains provisions conferring power to make regulations or do any other thing, that power may, for the purpose of making the enactment effective on its commencement, be exercised at any time before its commencement, but a regulation so made or a thing so done has no effect until the commencement of the enactment, except in so far as may be necessary to make the enactment effective on its commencement. R.S., c. I-23, s. 7
Interpretation Act — I-21 8
Territorial operation 8 (1) Every enactment applies to the whole of Canada, unless a contrary intention is expressed in the enactment. Amending enactment (2) Where an enactment that does not apply to the whole of Canada is amended, no provision in the amending enactment applies to any part of Canada to which the amended enactment does not apply, unless it is provided in the amending enactment that it applies to that part of Canada or to the whole of Canada. Exclusive economic zone of Canada (2.1) Every enactment that applies in respect of exploring or exploiting, conserving or managing natural resources, whether living or non-living, applies, in addition to its application to Canada, to the exclusive economic zone of Canada, unless a contrary intention is expressed in the enactment. Continental shelf of Canada (2.2) Every enactment that applies in respect of exploring or exploiting natural resources that are (a) mineral or other non-living resources of the seabed or subsoil, or (b) living organisms belonging to sedentary species, that is to say, organisms that, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil applies, in addition to its application to Canada, to the continental shelf of Canada, unless a contrary intention is expressed in the enactment. Extra-territorial operation (3) Every Act now in force enacted prior to December 11, 1931 that expressly or by necessary or reasonable implication was intended, as to the whole or any part thereof, to have extra-territorial operation shall be construed as if, at the date of its enactment, the Parliament of Canada had full power to make laws having extra-territorial operation as provided by the Statute of Westminster, 1931 . R.S., 1985, c. I-21, s. 8; 1996, c. 31, s. 86
Interpretation Act — I-21 8.1
Duality of legal traditions and application of provincial law 8.1 Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada and, unless otherwise provided by law, if in interpreting an enactment it is necessary to refer to a province’s rules, principles or concepts forming part of the law of property and civil rights, reference must be made to the rules, principles and concepts in force in the province at the time the enactment is being applied. 2001, c. 4, s. 8
Interpretation Act — I-21 8.2
Terminology 8.2 Unless otherwise provided by law, when an enactment contains both civil law and common law terminology, or terminology that has a different meaning in the civil law and the common law, the civil law terminology or meaning is to be adopted in the Province of Quebec and the common law terminology or meaning is to be adopted in the other provinces. 2001, c. 4, s. 8
Interpretation Act — I-21 8.3
Rights of Indigenous peoples 8.3 (1) Every enactment is to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 , and not as abrogating or derogating from them. Indigenous peoples (2) For the purposes of subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . 2024, c. 30, s. 1
Interpretation Act — I-21 9
Provisions in private Acts 9 No provision in a private Act affects the rights of any person, except as therein mentioned or referred to. R.S., c. I-23, s. 9
Interpretation Act — I-21 10
Law always speaking 10 The law shall be considered as always speaking, and where a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be given to the enactment according to its true spirit, intent and meaning. R.S., c. I-23, s. 10
Interpretation Act — I-21 11
“Shall” and “may” 11 The expression “shall” is to be construed as imperative and the expression “may” as permissive. R.S., c. I-23, s. 28
Interpretation Act — I-21 12
Enactments deemed remedial 12 Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. R.S., c. I-23, s. 11
Interpretation Act — I-21 13
Preamble 13 The preamble of an enactment shall be read as a part of the enactment intended to assist in explaining its purport and object. R.S., c. I-23, s. 12
Interpretation Act — I-21 14
Marginal notes and historical references 14 Marginal notes and references to former enactments that appear after the end of a section or other division in an enactment form no part of the enactment, but are inserted for convenience of reference only. R.S., c. I-23, s. 13
Interpretation Act — I-21 15
Application of definitions and interpretation rules 15 (1) Definitions or rules of interpretation in an enactment apply to all the provisions of the enactment, including the provisions that contain those definitions or rules of interpretation. Interpretation sections subject to exceptions (2) Where an enactment contains an interpretation section or provision, it shall be read and construed (a) as being applicable only if a contrary intention does not appear; and (b) as being applicable to all other enactments relating to the same subject-matter unless a contrary intention appears. R.S., c. I-23, s. 14
Interpretation Act — I-21 16
Words in regulations 16 Where an enactment confers power to make regulations, expressions used in the regulations have the same respective meanings as in the enactment conferring the power. R.S., c. I-23, s. 15
Interpretation Act — I-21 17
Her Majesty not bound or affected unless stated 17 No enactment is binding on Her Majesty or affects Her Majesty or Her Majesty’s rights or prerogatives in any manner, except as mentioned or referred to in the enactment. R.S., c. I-23, s. 16
Interpretation Act — I-21 18
Proclamation 18 (1) Where an enactment authorizes the issue of a proclamation, the proclamation shall be understood to be a proclamation of the Governor in Council. Proclamation to be issued on advice (2) Where the Governor General is authorized to issue a proclamation, the proclamation shall be understood to be a proclamation issued under an order of the Governor in Council, but it is not necessary to mention in the proclamation that it is issued under such an order. Effective day of proclamations (3) A proclamation that is issued under an order of the Governor in Council may purport to have been issued on the day of the order or on any subsequent day and, if so, takes effect on that day. (4) [Repealed, 1992, c. 1, s. 88] R.S., 1985, c. I-21, s. 18; 1992, c. 1, s. 88
Interpretation Act — I-21 19
Administration of oaths 19 (1) Where, by an enactment or by a rule of the Senate or House of Commons, evidence under oath is authorized or required to be taken, or an oath is authorized or directed to be made, taken or administered, the oath may be administered, and a certificate of its having been made, taken or administered may be given by (a) any person authorized by the enactment or rule to take the evidence; or (b) a judge of any court, a notary public, a justice of the peace or a commissioner for taking affidavits, having authority or jurisdiction within the place where the oath is administered. Where justice of peace empowered (2) Where power is conferred on a justice of the peace to administer an oath or solemn affirmation or to take an affidavit or declaration, the power may be exercised by a notary public or a commissioner for taking oaths. R.S., c. I-23, s. 18
Interpretation Act — I-21 20
Reports to Parliament 20 Where an Act requires a report or other document to be laid before Parliament and, in compliance with the Act, a particular report or document has been laid before Parliament at a session thereof, nothing in the Act shall be construed as requiring the same report or document to be laid before Parliament at any subsequent session. R.S., c. I-23, s. 19
Interpretation Act — I-21 21
Powers vested in corporations 21 (1) Words establishing a corporation shall be construed (a) as vesting in the corporation power to sue and be sued, to contract and be contracted with by its corporate name, to have a common seal and to alter or change it at pleasure, to have perpetual succession, to acquire and hold personal property for the purposes for which the corporation is established and to alienate that property at pleasure; (b) in the case of a corporation having a name consisting of an English and a French form or a combined English and French form, as vesting in the corporation power to use either the English or the French form of its name or both forms and to show on its seal both the English and French forms of its name or have two seals, one showing the English and the other showing the French form of its name; (c) as vesting in a majority of the members of the corporation the power to bind the others by their acts; and (d) as exempting from personal liability for its debts, obligations or acts individual members of the corporation who do not contravene the provisions of the enactment establishing the corporation. Corporate name (2) Where an enactment establishes a corporation and in each of the English and French versions of the enactment the name of the corporation is in the form only of the language of that version, the name of the corporation shall consist of the form of its name in each of the versions of the enactment. Banking business (3) No corporation is deemed to be authorized to carry on the business of banking unless that power is expressly conferred on it by the enactment establishing the corporation. R.S., c. I-23, s. 20
Interpretation Act — I-21 22
Majorities 22 (1) Where an enactment requires or authorizes more than two persons to do an act or thing, a majority of them may do it. Quorum of board, court, commission, etc. (2) Where an enactment establishes a board, court, commission or other body consisting of three or more members, in this section called an “association”, (a) at a meeting of the association, a number of members of the association equal to, (i) if the number of members provided for by the enactment is a fixed number, at least one-half of the number of members, and (ii) if the number of members provided for by the enactment is not a fixed number but is within a range having a maximum or minimum, at least one-half of the number of members in office if that number is within the range, constitutes a quorum; (b) an act or thing done by a majority of the members of the association present at a meeting, if the members present constitute a quorum, is deemed to have been done by the association; and (c) a vacancy in the membership of the association does not invalidate the constitution of the association or impair the right of the members in office to act, if the number of members in office is not less than a quorum. R.S., c. I-23, s. 21
Interpretation Act — I-21 23
Public officers hold office during pleasure 23 (1) Every public officer appointed by or under the authority of an enactment or otherwise is deemed to have been appointed to hold office during pleasure only, unless it is otherwise expressed in the enactment, commission or instrument of appointment. Effective day of appointments (2) Where an appointment is made by instrument under the Great Seal, the instrument may purport to have been issued on or after the day its issue was authorized, and the day on which it so purports to have been issued is deemed to be the day on which the appointment takes effect. Appointment or engagement otherwise than under Great Seal (3) Where there is authority in an enactment to appoint a person to a position or to engage the services of a person, otherwise than by instrument under the Great Seal, the instrument of appointment or engagement may be expressed to be effective on or after the day on which that person commenced the performance of the duties of the position or commenced the performance of the services, and the day on which it is so expressed to be effective, unless that day is more than sixty days before the day on which the instrument is issued, is deemed to be the day on which the appointment or engagement takes effect. Remuneration (4) Where a person is appointed to an office, the appointing authority may fix, vary or terminate that person’s remuneration. Commencement of appointments or retirements (5) Where a person is appointed to an office effective on a specified day, or where the appointment of a person is terminated effective on a specified day, the appointment or termination is deemed to have been effected immediately on the expiration of the previous day. R.S., c. I-23, s. 22