GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Quarantine Act — Q-1.1 62
Governor in Council 62 The Governor in Council may make regulations (a) respecting physical examinations carried out for the purposes of a health assessment; (a.1) respecting any compensation that is to be paid under this Act; (b) respecting the types of costs that a person is not required to pay under section 41 ; (c) respecting the location, design, construction, installation, operation, maintenance, marking and modification of a quarantine facility or quarantine station; (c.1) respecting the specifications for areas and facilities provided under subsection 6(2); (d) respecting the process of review under section 29 ; (e) respecting the information to be provided by the operator of a conveyance and any other traveller on board; (f) respecting the information to be provided by a traveller; (g) after consultation with the Privacy Commissioner, as defined in the Privacy Act , respecting the protection of personal information; (h) respecting the place and manner of embarkation of travellers at a departure point, or disembarkation of travellers at an entry point, and the loading and unloading of goods and cargo onto and from a conveyance; (i) respecting the methods of disinfecting, disinfesting, decontaminating or fumigating conveyances, goods, cargo and places and of disinfesting travellers; (j) respecting the declaration of health referred to in paragraph 39(1)(f); (k) respecting the carrying into Canada of, the exporting from Canada of, or the transportation and the handling of, cadavers, body parts or other human remains that have, or are suspected of having, a communicable disease or that are, or are suspected of being, infested with vectors; (l) respecting the process for applications to the Federal Court for matters under this Act; (m) exempting any person or class of persons from the application of all or any of the provisions of this Act; (n) respecting anything that may be prescribed under this Act; and (o) generally, for carrying out the purposes and provisions of this Act.
Quarantine Act — Q-1.1 63
Ministerial regulations 63 The Minister may make regulations amending the schedule by adding, deleting or amending the name of any communicable disease. 2005, c. 20, s. 63; 2007, c. 27, s. 2
Quarantine Act — Q-1.1 64
Orders not regulations 64 For greater certainty, orders made under this Act by the Minister, a screening officer, a quarantine officer or an environmental health officer, including orders made under subsection 15 (3) or 25 (1), section 26 or 35 , subsection 39 (1) or 44 (3) or section 51 , are not regulations for the purposes of the Statutory Instruments Act .
Quarantine Act — Q-1.1 65
Entering quarantine facility 65 (1) No person shall enter a quarantine facility without the authorization of a quarantine officer. Leaving quarantine facility (2) No person shall leave a quarantine facility without the authorization of a quarantine officer.
Quarantine Act — Q-1.1 66
Obstruction of officer 66 No person shall hinder or wilfully obstruct a quarantine officer, a screening officer or an environmental health officer who is carrying out their duties or functions under this Act, or make a false or misleading statement, either orally or in writing, to the officer.
Quarantine Act — Q-1.1 67
Offence committed intentionally 67 (1) Every person is guilty of an offence if they cause a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations. Punishment (2) Every person who commits an offence under subsection (1) is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and (b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.
Quarantine Act — Q-1.1 68
Failure to comply 68 Every person who fails to comply with an obligation imposed under subsection 15 (3) or 25 (1) or section 26 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.
Quarantine Act — Q-1.1 69
Failure to comply 69 Every person who fails to comply with an obligation imposed under section 35 , subsection 39 (1) or 44(3) or section 51 is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.
Quarantine Act — Q-1.1 70
Contravention 70 Every person who contravenes section 12 or 13 , subsection 15 (1) or section 65 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.
Quarantine Act — Q-1.1 71
Contravention 71 Every person who contravenes subsection 6 (2), 8 (1) or 34 (2) or (3), section 36 or 38 , subsection 42 (1), section 45 or 50 , subsection 54 (3), section 58 or 59 or subsection 73 (2) or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both. 2005, c. 20, s. 71; 2007, c. 27, s. 3
Quarantine Act — Q-1.1 72
Contravention 72 Every person who contravenes subsection 15 (2) or section 66 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; or (b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.
Quarantine Act — Q-1.1 73
Officers, etc., of corporations 73 (1) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Duty to ensure compliance (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.
Quarantine Act — Q-1.1 74
Offence by employee or agent or mandatary 74 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 agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that (a) the offence was committed without the accused’s knowledge or consent; and (b) the accused exercised all due diligence to prevent its commission.
Quarantine Act — Q-1.1 75
Continuing offence 75 If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.
Quarantine Act — Q-1.1 76
Limitation period 76 (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister becomes aware of the subject-matter of the proceeding. Minister’s certificate (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceeding, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.
Quarantine Act — Q-1.1 77
Venue 77 An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even if the matter of the information did not arise in that territorial division.
Quarantine Act — Q-1.1 78
Analysis and examination 78 (1) A quarantine officer or an environmental health officer may submit to an analyst, for analysis or examination, any sample taken under paragraph 47 (1)(e). Certificate of analyst (2) A certificate of an analyst stating that the analyst has analyzed or examined a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it. Attendance of analyst (3) The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination. Notice (4) The certificate may not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.
Quarantine Act — Q-1.1 79
Suspended sentence 79 If an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may make an order that the offender comply with any condition that has any or all of the effects described in section 80 .
Quarantine Act — Q-1.1 80
Orders of court 80 (1) If an offender is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects: (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the offender to take any meas­ures that the court considers appropriate to avoid harm to public health that results from or may result from the act or omission that constituted the offence, or to remedy that harm; (c) directing the offender to publish, in any manner that the court directs, at the offender’s own expense, the facts relating to the offence and an apology for any harm caused by the offence; (d) directing the offender, at the offender’s own expense, to notify any person who is aggrieved or affected by the offender’s conduct of the facts relating to the conviction; (e) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any condition required under this section; (f) directing the offender to submit to the Minister, on application by the Attorney General of Canada made within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances; (g) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive measure taken by the Minister as a result of the act or omission that constituted the offence; (h) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court; (i) directing the offender to pay an amount that the court considers appropriate for the purpose of conducting research; and (j) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act. Coming into force and duration of order (2) An order made under section 79 or subsection (1) comes into force on the day on which the order is made or on any other day that the court determines but may not continue in force for more than three years after that day. Publication (3) If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender. Debt due to Her Majesty (4) If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(g) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.
Quarantine Act — Q-1.1 Order in council
Order in council * 84 The provisions of this Act, other than section 83 , come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act, other than section 34, and other than section 83 in force on assent May 13, 2005, in force December 12, 2006, see SI/2006-143; section 34 in force June 22, 2007, see 2007, c. 27, s. 5.]
Quarantine Act — Q-1.1 479
479 Section 12 of the Quarantine Act is replaced by the following: Obligation on arriving travellers 12 Except in the prescribed circumstances and subject to the prescribed conditions, every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.
Quarantine Act — Q-1.1 12
Obligation on arriving travellers 12 Except in the prescribed circumstances and subject to the prescribed conditions, every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.
Quebec Harbor, Port Warden Act — Q-1.7 Preamble
Preamble WHEREAS the increasing trade of the City and business of the harbor of Quebec render the office of Port Warden necessary; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Quebec Harbor, Port Warden Act — Q-1.7 1
Office created 1 There shall be at the City of Quebec an officer who shall be designated the Port Warden of the Harbor of Quebec.
Quebec Harbor, Port Warden Act — Q-1.7 2
Governor in Council to appoint; Board of Examiners of Candidates; Deputies: how appointed 2 The appointment to the office shall be made by the Governor in Council on the recommendation of the Board of Trade and Industry of the Metropolitan Quebec, and the control of the office shall be in the board of directors of the Board of Trade and Industry of the Metropolitan Quebec, which shall, in the present year as soon as may be after the passing of this Act, and after this year in the month of April in each year, appoint a Board of Examiners, five in number, who shall examine all candidates for the office of Port Warden, or such number of Deputy Port Wardens as the said board of directors may from time to time deem necessary for the business of the Harbor, and upon the recommendation of the said Examiners, the board of directors shall make the appointments of such Deputies. 1871, c. 33, s. 2; 1980-81-82-83, c. 8, s. 1
Quebec Harbor, Port Warden Act — Q-1.7 3
Oath of office 3 The person so appointed to be Port Warden shall, before acting as such, take and subscribe the following oath of office before some Justice of the Peace for the District of Quebec, who is hereby empowered to administer the same, and who shall have the custody thereof: Form “I, A.B., do solemnly swear that I will faithfully and impartially, to the best of my judgment and ability, perform the duties of the office of Port Warden of the Harbor of Quebec, without fear, favor or affection for any person or party whomsoever.”
Quebec Harbor, Port Warden Act — Q-1.7 Form
Form “I, A.B., do solemnly swear that I will faithfully and impartially, to the best of my judgment and ability, perform the duties of the office of Port Warden of the Harbor of Quebec, without fear, favor or affection for any person or party whomsoever.”
Quebec Harbor, Port Warden Act — Q-1.7 4
Fees of Port Warden 4 The Port Warden shall receive no fees whatever, other than such as strictly appertain to the business of his office; all such fees shall be recorded in his books, and he shall make a certified annual return to the said board of directors of the Board of Trade and Industry, of the receipts and expenses of his office. 1871, c. 33, s. 4; 1980-81-82-83, c. 8, s. 1
Quebec Harbor, Port Warden Act — Q-1.7 5
Removal for misconduct; Regulations to be made 5 The Port Warden, or any Deputy Port Warden, may be removed for misconduct or neglect of duty at the instance or discretion of the board of directors of the Board of Trade and Industry; and the said Board of Examiners shall make, and when they shall think it necessary, may repeal or amend all such rules and regulations, or by-laws, for regulating the office of Port Warden, as they may deem from time to time necessary, subject to the approval of the board of directors of the Board of Trade and Industry. 1871, c. 33, s. 5; 1980-81-82-83, c. 8, s. 1
Quebec Harbor, Port Warden Act — Q-1.7 6
Port Warden’s office, books, &c. 6 The Port Warden shall, at his own expense, keep an office always open, on lawful days, from nine a.m. till six p.m., during the season of navigation, and from ten a.m., till two p.m., during the remainder of the year, and shall have a seal of office, and the necessary books, in which all his acts as Port Warden, and those of his deputies, with their fees of office, shall be recorded in such manner as the Board of Examiners shall direct.
Quebec Harbor, Port Warden Act — Q-1.7 7
Duties as to stowage of cargo, &c. 7 It shall be the duty of the Port Warden or his deputy, on being notified and requested by any of the parties interested, to proceed in person on board of any vessel for the purpose of examining the condition and stowage of cargo; and if there be any goods damaged on board such vessel, he shall inquire, examine, and ascertain the cause or causes of such damage, and make a memorandum thereof, and enter the same in full on the books of his office.
Quebec Harbor, Port Warden Act — Q-1.7 8
Duties of Masters of vessels, having broken bulk before arrival in port 8 The master of any vessel which has broken bulk for the purpose of lightening or other necessary purpose, previous to her arrival in the harbor of Quebec, shall, immediately on the discovery of any damaged cargo, proceed to hold a survey on the same in the manner herein prescribed, before the same shall be moved out of the place in which it was originally stowed; and if, after the arrival in port of any vessel from beyond the seas, which has not had occasion to lighten, break bulk, or otherwise discharge any portion of her cargo before coming into the harbour, the hatches of such vessel shall be first opened by any person not a Port Warden, and the cargo or any part thereof shall come from on board such ship in a damaged condition, these facts shall be primâ facie evidence that such damage occurred in consequence of improper stowage or negligence on the part of the persons in charge of the vessel, and such default shall, until the contrary be shewn, be chargeable to the owner, master, or other person interested as part owner or master of the said vessel.
Quebec Harbor, Port Warden Act — Q-1.7 9
Inspecting damaged goods 9 The Port Warden shall, when required, proceed to any ship, steamer or other vessel, warehouse, dwelling or wharf, and examine any merchandize, vessel, material, produce or other property, said to have been damaged on board any vessel, and enquire, examine, and ascertain the cause of such damage, make a memorandum thereof, and of such property, and record in the books of his office, a full and correct statement thereof.
Quebec Harbor, Port Warden Act — Q-1.7 10
Inspecting vessels having received damage, &c.; Skilled Assistants if necessary; Repairs 10 The Port Warden shall, when required, be surveyor on any vessel which may have suffered wreck or damage, or which shall be deemed unfit to proceed on her voyage; he shall examine the hull, spars, rigging, and all appurtenances thereof, shall specify what damage has occurred, and record in the books of the office a full and particular account of all surveys held on such vessel; he shall call to his assistance, if necessary, in such survey, one or more carpenters, sail-makers, riggers, shipwrights, or other persons skilled in their profession to aid him in the examination and survey, but no such surveyor shall be interested in the case; the Port Warden shall also, if required be surveyor of the repairs necessary to render such vessel seaworthy, and his certificate that these repairs have been properly made shall be evidence that the vessel is seaworthy. 1871, c. 33, s. 10; 1991, c. 32, s. 1
Quebec Harbor, Port Warden Act — Q-1.7 11
Surveys of vessels and cargoes 11 The Port Warden shall have cognizance of all matters relating to the surveys of vessels and their cargoes arriving in port damaged, and when requested shall, on payment of the regular fee, give certificates of such surveys.
Quebec Harbor, Port Warden Act — Q-1.7 12
Notice to Port Warden and by him to Collector 12 The master of any vessel wholly or partly laden with grain for any port not within the limits of inland navigation, shall, before proceeding on his voyage, or clearing at the Custom House for the same, notify the Port Warden, whose duty it shall then be to proceed on board such vessel, and examine whether she is in a fit state to proceed to sea or not: if she is found unfit, the Port Warden shall state in what particulars, and on what conditions only she will be deemed in a fit state to leave, and shall notify the master not to leave the port until the required conditions have been fulfilled; and in case of the master refusing or neglecting to fulfil the same, the Port Warden shall notify the Collector of Customs, in order that no clearance may be granted for the vessel until such required conditions have been fulfilled, and a certificate thereof granted by the Port Warden or his deputy. 1871, c. 33, s. 12; 1873, c. 11, s. 5 (adjusted to take into account error in amending formula).
Quebec Harbor, Port Warden Act — Q-1.7 13
Duties as to dunnage 13 It shall be the duty of the Port Warden, when required, to decide what amount of dunnage is necessary below cargo, and also between wheat and other grain, and the flour to be stowed over it, and his certificate that such dunnage has been used, shall be primâ facie evidence of the good stowage of the cargo so far as these points are concerned.
Quebec Harbor, Port Warden Act — Q-1.7 14
As to seaworthiness of vessels 14 The Port Warden, if requested by any person having shipped cargo on board of a vessel, and at the expense of such person, shall proceed on board of such vessel and examine whether she is in a fit state to proceed to sea or not; if she is found unfit the Port Warden shall state in what particular, and shall notify the master not to leave the port until the required conditions have been fulfilled.
Quebec Harbor, Port Warden Act — Q-1.7 15
Value or measurement of vessels 15 The Port Warden shall, when required, estimate the value and measurement of any vessel, when the same is in dispute or otherwise needed, and shall record the same in the books of his office.
Quebec Harbor, Port Warden Act — Q-1.7 16
Auctioneers selling vessels, materials &c., to report to Port Warden; Notice of such sale 16 It shall be the duty of every auctioneer making a sale of any vessel condemned, or ships’ materials, or goods damaged on board a ship or vessel, whether sea-going or of inland navigation, sold for benefit of underwriters or others concerned, in the harbor or City of Quebec, to file a statement of the same at the office of the Port Warden within ten days after such sale; no underwriters’ sale shall take place until after at least two days’ public advertisement in not less than two English and one French newspapers in the City of Quebec, and such sale shall not be at an hour earlier than eleven, nor later than three o’clock in the day.
Quebec Harbor, Port Warden Act — Q-1.7 17
Disputes between master and consignee 17 It shall be the duty of the Port Warden, when required in writing by all parties in interest, to hear and arbitrate upon any difficulty or matter in dispute between the Master or Consignee of any vessel, and any proprietor, shipper or consignee of the cargo, and to keep a record thereof.