GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Radiation Emitting Devices Act — R-1 12.1
Unclaimed radiation emitting devices 12.1 (1) A seized radiation emitting device is, at Her election, forfeited to Her Majesty in right of Canada if (a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or (b) the owner or the person who is entitled to possess it does not claim it within 60 days after the day on which they are notified that the inspector has released the seized device. Proceedings instituted (2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the device that was seized. Disposition (3) A seized device that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure. 2016, c. 9, s. 27
Radiation Emitting Devices Act — R-1 12.2
Unlawful imports 12.2 (1) An inspector who has reasonable grounds to believe that an imported radiation emitting device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the device, the opportunity to take a measure in respect of it. Factors (2) In making a decision under subsection (1), the inspector shall consider, among other factors (a) whether the device creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation; and (b) any other prescribed factors. Duty of inspector (3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations. Measures that may be taken and notice (4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of the device, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the radiation emitting device that they may take that measure within the period specified by the inspector or other inspector, as the case may be. Forfeiture (5) If a person is notified under subsection (4) that they may consent to the forfeiture of the radiation emitting device and the person consents to its forfeiture, the device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense. 2016, c. 9, s. 27
Radiation Emitting Devices Act — R-1 12.3
Recovery 12.3 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the storage, movement or disposition of any radiation emitting device. Time limit (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable. 2016, c. 9, s. 27
Radiation Emitting Devices Act — R-1 12.4
Certificate of default 12.4 (1) Any debt that may be recovered under subsection 12.3(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate. 2016, c. 9, s. 27
Radiation Emitting Devices Act — R-1 13
Regulations 13 (1) The Governor in Council may make regulations (a) prescribing classes of radiation emitting devices for the purposes of this Act; (b) prescribing standards regulating the design, construction and functioning of any prescribed class of radiation emitting devices for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation; (c) exempting, with or without conditions, any radiation emitting device or class of radiation emitting device, including devices imported solely for the purpose of export, from the application of all or any of the provisions of this Act or the regulations; (d) respecting the labelling, packaging and advertising of radiation emitting devices, and the use of any material in the construction of any radiation emitting device, for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation; (e) prescribing the information that must be shown on any label or package and the manner in which that information must be shown; (f) requiring persons who manufacture, sell, lease, import into Canada or otherwise deal with any radiation emitting device to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act; (g) prescribing the content of and the method of sending the notification required by subsection 6(1); (h) respecting the powers, duties and functions of inspectors and analysts; (h.1) respecting the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices; (h.2) respecting the costs in relation to anything required or authorized under this Act; (h.3) respecting the implementation, in relation to radiation emitting devices, of international agreements that affect those devices; (h.4) prescribing anything that by this Act is to be prescribed; and (i) generally, for carrying out the purposes and provisions of this Act. Publication of proposed regulations (2) Subject to subsection (3), a copy of every regulation that the Governor in Council proposes to make pursuant to paragraph (1)(a), (b), (c), (d) or (e) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to manufacturers, importers, distributors and other interested persons to make representations to the Minister with respect thereto. Exceptions (3) Subsection (2) does not apply in respect of a proposed regulation that (a) has previously been published pursuant to that subsection and has been changed as a result of representations made pursuant to that subsection; or (b) makes no material substantive change in an existing regulation. R.S., 1985, c. R-1, s. 13; 2016, c. 9, s. 28
Radiation Emitting Devices Act — R-1 13.1
Interim orders 13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Exemption from Statutory Instruments Act (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act ; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section and subsection 13(2), any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. 2004, c. 15, s. 103
Radiation Emitting Devices Act — R-1 14
Contravention of sections 4 to 6 14 (1) Every person who, or whose employee or agent, contravenes section 4, 5 or 6 is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding five thousand dollars; or (b) on conviction on indictment, to a fine not exceeding ten thousand dollars. Contravention of other provisions, or regulations (2) Every person who, or whose employee or agent, contravenes any provision of this Act other than section 4, 5 or 6, or any regulation, is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; or (b) on conviction on indictment, to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both. R.S., c. 34(1st Supp.), s. 12; 1984, c. 23, s. 6
Radiation Emitting Devices Act — R-1 15
Offence by employee or agent 15 (1) In any 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 of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused. Venue (2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., c. 34(1st Supp.), s. 13
Radiation Emitting Devices Act — R-1 16
Forfeiture on conviction 16 (1) If a person has been convicted of an offence under this Act, any radiation emitting device in relation to which the offence was committed is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada if the forfeiture is directed by the court. Forfeiture on application to judge (2) Without prejudice to the operation of subsection (1), a judge of a superior court of the province in which any radiation emitting device was seized under this Act may, on the application of an inspector and on any notice to those persons as that judge directs, order that the device and anything of a similar nature found with it be forfeited to Her Majesty in right of Canada if the judge finds, after making any inquiry that the judge considers necessary, that the device is one by means of or in relation to which any of the provisions of this Act or the regulations were contravened. Minister may dispose of forfeited goods (3) Goods forfeited to Her Majesty in right of Canada under subsection (1) or (2) may be disposed of as the Minister may direct, subject to subsection (4). Protection of persons claiming interest (4) The provisions of sections 74 to 76 of the Fisheries Act apply with such modifications as the circumstances require to any radiation emitting device forfeited under this section as though that device were an article forfeited under subsection 72(1) of that Act. R.S., 1985, c. R-1, s. 16; 2016, c. 9, s. 29
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 1
Short title 1 This Act may be cited as the Royal Canadian Mounted Police Pension Continuation Act . 1959, c. 34, s. 31
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 2
Definitions 2 (1) In this Act child means a child or stepchild of — or an individual adopted either legally or in fact by — an officer or a former officer who at the time of the officer’s or former officer’s death was dependent on the officer or former officer for support; ( enfant ) constable means any member of the Royal Canadian Mounted Police other than a commissioned officer; ( gendarme ) Force means the Royal Canadian Mounted Police; ( Gendarmerie ) former Act means chapter 241 of the Revised Statutes of Canada, 1952 as it was before the 1st day of April 1960; ( ancienne loi ) Marine Section means the water transport and personnel of the Force; ( section maritime ) member of the Force or member includes the Commissioner and every other officer, non-commissioned officer and man or woman of the Force; ( membre de la Gendarmerie ou membre ) Minister means the Minister for the time having control and management of the Force; ( Ministre ) officer means a commissioned officer of the Force; ( officier ) pay , for pension purposes, means the pay of the substantive rank or appointment, but not that of acting rank, and does not include extra pay for staff and similar temporary appointments; ( solde ) rank means substantive rank or appointment, but does not include acting rank; ( grade ou rang ) service means service in the Force; ( service ) survivor , in relation to an officer or a former officer, means (a) a person who was married to the officer or former officer at the time of the officer’s or former officer’s death, or (b) a person referred to in subsection 25.1(1). ( survivant ) Service as special constable, etc. (2) A period during which a member of the Force served as a special constable in the Force or as a member of a provincial police force may, in accordance with regulations of the Governor in Council, be deemed to be a period during which the member served in the Force and to be service for the purposes of this Act. R.S., 1970, c. R-10, s. 2; 1999, c. 34, s. 216
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
child means a child or stepchild of — or an individual adopted either legally or in fact by — an officer or a former officer who at the time of the officer’s or former officer’s death was dependent on the officer or former officer for support; ( enfant )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
constable means any member of the Royal Canadian Mounted Police other than a commissioned officer; ( gendarme )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
Force means the Royal Canadian Mounted Police; ( Gendarmerie )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
former Act means chapter 241 of the Revised Statutes of Canada, 1952 as it was before the 1st day of April 1960; ( ancienne loi )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
Marine Section means the water transport and personnel of the Force; ( section maritime )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
member of the Force or member includes the Commissioner and every other officer, non-commissioned officer and man or woman of the Force; ( membre de la Gendarmerie ou membre )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
Minister means the Minister for the time having control and management of the Force; ( Ministre )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
officer means a commissioned officer of the Force; ( officier )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
pay , for pension purposes, means the pay of the substantive rank or appointment, but not that of acting rank, and does not include extra pay for staff and similar temporary appointments; ( solde )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
rank means substantive rank or appointment, but does not include acting rank; ( grade ou rang )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6
service means service in the Force; ( service )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 (a)
survivor , in relation to an officer or a former officer, means (a) a person who was married to the officer or former officer at the time of the officer’s or former officer’s death, or (b) a person referred to in subsection 25.1(1). ( survivant )
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 3
Application of Act 3 This Act does not apply to or in respect of any person to whom Part VI of the former Act applied at any time before the 1st day of April 1960, or any person who served in the Force at any time on or after that day as a contributor under Part I of the Royal Canadian Mounted Police Superannuation Act . 1959, c. 34, s. 33
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 4
Regulations 4 The Governor in Council may by regulation provide for payment out of the Consolidated Revenue Fund, in the event of the death of a member or former member of the Force, upon application to the Minister by or on behalf of any successor thereunder to whom any pension or allowance becomes payable under this Act, of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the successor as is determined in accordance with the regulations to be attributable to that pension or allowance, and prescribe the amounts by which and the manner in which any such pension or allowance shall be reduced. 1956, c. 45, s. 1; 1959, c. 34, s. 35
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 5
Compensation for disability 5 (1) Where a person has, either before or after the 1st day of April 1960 suffered a disability as a result of any injury or disease or aggravation thereof that arose out of, or was directly connected with, his service in the Force, he may be granted compensation, including medical and hospital expenses, at such rates and in such manner as the Governor in Council may prescribe. Compensation to survivor or children (2) When a person described in subsection (1) dies before he is granted compensation under that subsection, his survivor or, if there is no survivor, his children may be granted the compensation in respect of the period preceding his death that he was disabled, including medical and hospital expenses, that the Treasury Board may prescribe. Government Employees Compensation Act (3) The provisions of the Government Employees Compensation Act do not apply to members of the Force. R.S., 1970, c. R-10, s. 5; 1999, c. 34, s. 217
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 6
Expense payable out of C.R.F. 6 All sums of money required or authorized to be paid by or under the authority of this Act, and for payment of which no other provision is made, shall be paid out of any unappropriated moneys in the Consolidated Revenue Fund. R.S., 1952, c. 241, s. 26
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 7
Approval of Governor in Council 7 (1) Notwithstanding anything in this Act, any pension, gratuity or allowance provided for by Part I, II or III shall be granted only with the approval of the Governor in Council and upon the further condition, in the case of a member of the Force, that it be granted only in consideration of good and faithful service during the period in respect of which it is calculated. Misconduct (2) Where a member of the Force is retired by reason of misconduct, the fact of such retirement and the circumstances thereof shall be reported to the Pension Board established pursuant to section 21 of the Royal Canadian Mounted Police Superannuation Act , and if the Board, after investigation of the circumstances surrounding any retirement reported to it under this subsection, reports to the Minister that it is in the public interest by reason of good and faithful service rendered by the member of the Force before the time of the misconduct to grant a pension, the Minister may recommend accordingly to the Treasury Board and the Governor in Council may, on the report of the Treasury Board in such case, grant a pension equal to the whole or any part specified by the Treasury Board of any pension that might have been granted to him if he had been retired in consequence of permanent infirmity of body or mind. R.S., 1952, c. 241, s. 27; 1953-54, c. 43, s. 3; 1959, c. 34, s. 37
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 8
Time and duration of payment 8 Pensions and compassionate allowances granted under this Act are, unless otherwise ordered by the Treasury Board, payable in equal monthly instalments in arrears, and unless otherwise specified by this Act, continue during the lifetime of the recipient and thereafter until the end of the month during which he dies. R.S., 1970, c. R-10, s. 8; 1974-75-76, c. 81, s. 106(F)
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 9
Residual amounts 9 Where, upon the death of an officer there is no person to whom a pension or a compassionate allowance provided under this Part or Part II may be paid or where the persons to whom such pension or compassionate allowance may be paid, die or cease to be eligible therefor and no other amount may be paid to them under this Part or Part II, any amount by which the aggregate of the amounts deducted pursuant to section 16 exceeds the aggregate of all amounts paid to those persons and to the officer under this Part shall be paid to the estate of the officer. 1968-69, c. 29, s. 37
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 10
Pension to officers after 10 years service 10 An officer who is retired compulsorily for any cause other than misconduct or inefficiency after ten years of service, is entitled to a pension for life, not exceeding one-fiftieth of the pay and allowances of his rank or permanent appointment at the time of his retirement for each completed year of service. R.S., 1952, c. 241, s. 44
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 11
Amount of allowance for purposes of pension 11 The Governor in Council may by regulation determine the amount of allowances for purposes of pension to be received by the Commissioner and other officers of the Force. R.S., 1952, c. 241, s. 44
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 12
Voluntary retirement after 25 years 12 An officer who retires voluntarily after twenty-five years of service is entitled to a pension for life, twenty per cent less than he would be entitled to if he were retired compulsorily. R.S., 1952, c. 241, s. 45
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 13
After 35 years 13 An officer who retires voluntarily after thirty-five years of service is entitled to the same pension as if he were retired compulsorily. R.S., 1952, c. 241, s. 46
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 14
Maximum rates 14 (1) No addition shall be made to such pension for any service beyond thirty-five years. Breaks in service (2) If the service has not been continuous, the period or periods during which such service has been discontinued shall not be counted. R.S., 1952, c. 241, s. 47