GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Foreign Missions and International Organizations Act — F-29.4 Section 22
Section 22 Experts (other than officials coming within the scope of Article V) performing missions for the United Nations shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular they shall be accorded: (a) immunity from personal arrest or detention and from seizure of their personal baggage; (b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations; (c) inviolability for all papers and documents; (d) for the purpose of their communications with the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealed bags; (e) the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; (f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) immunity from personal arrest or detention and from seizure of their personal baggage;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations;
Foreign Missions and International Organizations Act — F-29.4 (c)
(c) inviolability for all papers and documents;
Foreign Missions and International Organizations Act — F-29.4 (d)
(d) for the purpose of their communications with the United Nations, the right to use codes and to receive papers or correspondence by courier or in sealed bags;
Foreign Missions and International Organizations Act — F-29.4 (f)
(f) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys.
Foreign Missions and International Organizations Act — F-29.4 Section 23
Section 23 Privileges and immunities are granted to experts in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations.
Foreign Missions and International Organizations Act — F-29.4 Section 24
Section 24 The United Nations may issue United Nations laissez-passer to its officials. These laissez-passer shall be recognized and accepted as valid travel documents by the authorities of Members, taking into account the provisions of Section 25.
Foreign Missions and International Organizations Act — F-29.4 Section 25
Section 25 Applications for visas (where required) from the holders of United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of the United Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.
Foreign Missions and International Organizations Act — F-29.4 Section 26
Section 26 Similar facilities to those specified in Section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the United Nations.
Foreign Missions and International Organizations Act — F-29.4 Section 27
Section 27 The Secretary-General, Assistant Secretaries-General and Directors travelling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys.
Foreign Missions and International Organizations Act — F-29.4 Section 28
Section 28 The provisions of this article may be applied to the comparable officials of specialized agencies if the agreements for relationship made under Article 63 of the Charter so provide.
Foreign Missions and International Organizations Act — F-29.4 Section 29
Section 29 The United Nations shall make provisions for appropriate modes of settlement of: (a) disputes arising out of contracts or other disputes of a private law character to which the United Nations is a party; (b) disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) disputes arising out of contracts or other disputes of a private law character to which the United Nations is a party;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General.
Foreign Missions and International Organizations Act — F-29.4 Section 30
Section 30 All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Foreign Missions and International Organizations Act — F-29.4 Section 31
Section 31 This convention is submitted to every Member of the United Nations for accession.
Foreign Missions and International Organizations Act — F-29.4 Section 32
Section 32 Accession shall be effected by deposit of an instrument with the Secretary-General of the United Nations and the convention shall come into force as regards each Member on the date of deposit of each instrument of accession.
Foreign Missions and International Organizations Act — F-29.4 Section 33
Section 33 The Secretary-General shall inform all Members of the United Nations of the deposit of each accession.
Foreign Missions and International Organizations Act — F-29.4 Section 34
Section 34 It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention.
Foreign Missions and International Organizations Act — F-29.4 Section 35
Section 35 This convention shall continue in force as between the United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the General Assembly and that Member has become a party to this revised convention.
Foreign Missions and International Organizations Act — F-29.4 Section 36
Section 36 The Secretary-General may conclude with any Member or Members supplementary agreements adjusting the provisions of this convention so far as that Member or those Members are concerned. These supplementary agreements shall in each case be subject to the approval of the General Assembly.
Foreign Publishers Advertising Services Act — F-29.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Foreign Publishers Advertising Services Act — F-29.6 1
Short title 1 This Act may be cited as the Foreign Publishers Advertising Services Act .
Foreign Publishers Advertising Services Act — F-29.6 2
 is convertible into such a share at the time of making a calculation of the percentage of shares owned or controlled by Canadians; and (b) an option or a right to acquire such a share, or the security referred to in paragraph (a), that is exercisable at the time of making the calculation referred to in that paragraph. ( action avec droit de vote ) 1999, c. 23, s. 2; 2001, c. 27, s. 253
Foreign Publishers Advertising Services Act — F-29.6 (a)
advertising services means the supply by a foreign publisher, for payment, of (a) advertising space in a periodical that the publisher produces or publishes, or the opportunity to have advertising material accompany such a periodical; and (b) access to a target market of consumers. ( services publicitaires )
Foreign Publishers Advertising Services Act — F-29.6 (a)
Canadian means (a) a Canadian citizen; (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ; (c) a Canadian government, whether federal, provincial or local, or an agency of such a government; (d) a partnership, trust or joint venture in which a person or any combination of persons referred to in paragraph (a), (b), (c) or (e) beneficially owns or controls, directly or indirectly, interests representing in value more than half of the total value of the assets of the partnership, trust or joint venture, as the case may be; (e) a Canadian corporation; and (f) a non-profit organization in which more than half of its members are persons referred to in paragraph (a) or (b). ( Canadien )
Foreign Publishers Advertising Services Act — F-29.6 (a)
Canadian advertiser means a person or an entity, whether an individual, a corporation, a partnership, a trust, a joint venture, a government, a government agency, an association or a non-profit organization, that (a) pays, directly or indirectly, for advertising services relating to their products and services; (b) has a place of business in Canada; (c) has at least one individual in Canada who is employed or self-employed in connection with their business; and (d) has assets in Canada that are used in carrying on their business. ( annonceur canadien )
Foreign Publishers Advertising Services Act — F-29.6 (a)
Canadian corporation means a corporation (a) that is incorporated under the laws of Canada or a province; (b) whose principal place of business is in Canada; (c) whose chairperson or other presiding officer and more than half of whose directors or other similar officers are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ; (d) in the case of a corporation with share capital, of which Canadians beneficially own or control, other than by way of shares held only as security, directly or indirectly, in the aggregate more than half of all the issued and outstanding voting shares representing more than half of the votes; and (e) in the case of a corporation without share capital, of which Canadians beneficially own or control, directly or indirectly, interests representing in value more than half of the total value of the assets. ( société canadienne )
Foreign Publishers Advertising Services Act — F-29.6
directed at the Canadian market , in relation to advertising services, means that the target market related to those advertising services consists primarily of consumers in Canada. ( services publicitaires destinés au marché canadien )
Foreign Publishers Advertising Services Act — F-29.6
foreign publisher means a person who supplies advertising services by means of a periodical that they have the right to produce or publish and who is not a Canadian. ( éditeur étranger )
Foreign Publishers Advertising Services Act — F-29.6
Minister means the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of this Act. ( ministre )
Foreign Publishers Advertising Services Act — F-29.6
periodical means a printed publication that appears in consecutively numbered or dated issues, published under a common title, usually at regular intervals, not more than once every week, excluding special issues, and at least twice every year. It does not include a catalogue, a directory, a newsletter or a newspaper. ( périodique )
Foreign Publishers Advertising Services Act — F-29.6 (a)
voting share means a share of any class of shares of a corporation carrying voting rights under all circumstances or by reason of an event that has occurred and is continuing or by reason of a condition that has been fulfilled. It includes (a) a security that is convertible into such a share at the time of making a calculation of the percentage of shares owned or controlled by Canadians; and (b) an option or a right to acquire such a share, or the security referred to in paragraph (a), that is exercisable at the time of making the calculation referred to in that paragraph. ( action avec droit de vote )
Foreign Publishers Advertising Services Act — F-29.6 3
Supplying advertising services 3 (1) No foreign publisher shall supply advertising services directed at the Canadian market to a Canadian advertiser or a person acting on their behalf. Deemed foreign publisher — licensee (2) For the purpose of this Act, a person who produces or publishes a periodical or a substantial part of a periodical under licence or other authority granted, directly or indirectly, by a foreign publisher is deemed to be a foreign publisher. Deemed foreign publisher — control (3) For the purpose of this Act, a person who supplies advertising services by means of a periodical that they have the right to produce or publish and who is controlled in any manner by a person or entity that is not a Canadian that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement, an arrangement or otherwise, is deemed to be a foreign publisher. Members deemed non-Canadian (4) In a prosecution for an offence under subsection (1), each member of either of the following is deemed not to be a Canadian: (a) a partnership, trust or joint venture that is non-Canadian by virtue of the application of paragraph (d) of the definition Canadian in section 2; or (b) a non-profit organization that is non-Canadian by virtue of the application of paragraph (f) of the definition Canadian in section 2. Deemed acting on behalf of Canadian advertiser (5) For the purpose of subsection (1), an agent or a representative of a Canadian advertiser or a person or entity not dealing at arm’s length with a Canadian advertiser who obtains in their own name, in Canada or elsewhere, advertising services supplied by a foreign publisher is deemed to be acting on behalf of that Canadian advertiser. Arm’s length (6) For the purpose of subsection (5), (a) related persons are deemed not to deal with each other at arm’s length; and (b) it is a question of fact whether persons not related to each other deal with each other at arm’s length. Related persons (7) For the purpose of subsection (6), persons are related to each other if they are related persons within the meaning of subsections 251(2) to (6) of the Income Tax Act , except that (a) references in those subsections to “corporation” are to be read as references to “corporation, partnership or joint venture”; and (b) references in those subsections to “shares” and “shareholders”, in relation to a partnership or joint venture, are to be read as references to “rights” and “members”, respectively.
Foreign Publishers Advertising Services Act — F-29.6 4
Power to investigate 4 (1) The Minister may cause any investigation that the Minister considers necessary to be made into an alleged supply of advertising services in contravention of section 3. Designation of investigator (2) The Minister may designate any person to carry out an investigation under this section and shall furnish them with a certificate of that designation in a form that the Minister may specify. The investigator shall, on request, produce the certificate to any person in charge of a place under investigation.
Foreign Publishers Advertising Services Act — F-29.6 5
Search warrant and powers of investigators 5 (1) An investigator may, under a warrant issued under section 487 of the Criminal Code with any modifications that the circumstances require, enter any place and make any investigation that the investigator considers necessary. For that purpose, the investigator may (a) require any person to provide the investigator with any documents, whether in physical or electronic form, that the investigator believes may contain information that is relevant to the investigation in order that the investigator may examine or copy them; (b) inquire into any negotiations, transactions, arrangements or operations related to the supply of advertising services to a Canadian advertiser that appear relevant to the investigation; and (c) administer oaths and take and receive affidavits, declarations and solemn affirmations. Return of things obtained (2) Anything obtained by an investigator conducting an investigation under this section shall be returned as soon as practicable after it is no longer required for the investigation or any proceedings that may result from it.
Foreign Publishers Advertising Services Act — F-29.6 6
Obstruction of investigator 6 No person shall obstruct or hinder, or make any false or misleading statement in a material respect to, an investigator who is carrying out functions under this Act.
Foreign Publishers Advertising Services Act — F-29.6 7
Ministerial demand 7 (1) The Minister may send a demand to a foreign publisher if the Minister believes that the foreign publisher (a) has supplied advertising services in contravention of section 3 or otherwise contravened this Act; or (b) has entered into a transaction or an arrangement that, if carried into effect, would or would be likely to lead to a contravention of this Act. Contents of demand (2) The Minister may, in the demand, require the foreign publisher, without delay or within a period specified in the demand, (a) to stop supplying advertising services in contravention of section 3 or to otherwise stop contravening this Act; (b) not to execute the transaction or finalize the arrangement; or (c) to show cause why no contravention of this Act has occurred or will occur. Nature of proceedings (3) The demand shall indicate the nature of proceedings under this Act that may be taken against the foreign publisher if the foreign publisher fails to comply with the demand.
Foreign Publishers Advertising Services Act — F-29.6 8
Application for court order 8 (1) The Minister may apply to a superior court of a province or the Federal Court for an order against a foreign publisher who fails to comply with a demand. Orders (2) If a court concludes, after hearing an application, that the Minister’s demand was justified and that the foreign publisher has failed to comply with it, the court may make any order that it considers appropriate in the circumstances, including (a) an order to stop supplying advertising services in contravention of section 3 or to otherwise comply with this Act on any terms and conditions that the court considers appropriate; and (b) an order not to take certain specified actions relating to advertising services that might prejudice the ability of a court, on a subsequent application for an order under paragraph (a), to issue an effective order. Urgency (3) A court that is satisfied as to the urgency of the situation may, on ex parte application, make an order referred to in subsection (2), but that order may have effect for no more than 10 days. Extension or revocation of order (4) A court that issues an order under subsection (3) may, on application by the Minister or by any person to whom the order is directed, by order, (a) extend the duration of that order, with or without modification, for any specified period; or (b) revoke that order. Contempt of court (5) Every person who fails to comply with the requirements or directions of any order made by a court under this section may be cited and punished by the court that made the order, as for other contempts of that court. Rights of appeal (6) For greater certainty, all rights of appeal provided by law apply in the case of any decision or order made by a superior court under this section, as in the case of other decisions or orders made by that court. 1999, c. 23, s. 8; 2002, c. 8, s. 183
Foreign Publishers Advertising Services Act — F-29.6 9
Action to enjoin not prejudiced by prosecution 9 Despite the commencement of a prosecution for an offence under this Act, the Minister may bring an application under section 8.
Foreign Publishers Advertising Services Act — F-29.6 10
Offence 10 (1) Every person who contravenes section 3 is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $20,000 for a first offence and to a fine of not more than $50,000 for a subsequent offence; or (b) on conviction on indictment, (i) in the case of a corporation, to a fine of not more than $250,000, and (ii) in the case of an individual, to a fine of not more than $100,000. Other summary offence (2) Every person who contravenes section 6 is guilty of an offence and liable on summary conviction to a fine of not more than $20,000.
Foreign Publishers Advertising Services Act — F-29.6 11
Offences by corporate officers, etc. 11 If a corporation commits an offence under this Act, any officer, director or agent 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 is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted.
Foreign Publishers Advertising Services Act — F-29.6 12
Offences by employees or agents 12 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 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 the accused and that the accused exercised all due diligence to prevent its commission.
Foreign Publishers Advertising Services Act — F-29.6 13
Additional fine 13 If a person is convicted of an offence under this Act and the court is satisfied that as a result of committing it the person acquired monetary benefits, the court may, despite the maximum amount of any other fine imposed under this Act, order the person to pay an additional fine in an amount equal to the court’s finding of the amount of those monetary benefits.
Foreign Publishers Advertising Services Act — F-29.6 14
Other orders 14 If a person 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, make one or more of the following orders: (a) an order prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) an order directing the person to compensate the Minister, in whole or in part, for the costs of any action taken by or on behalf of the Minister in investigating the commission of the offence; and (c) an order requiring the person to comply with any other conditions that the court considers appropriate to prevent the repetition of the offence.