GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Council for the Arts Act — C-2 8
Objects and powers 8 (1) The objects of the Council are to foster and promote the study and enjoyment of, and the production of works in, the arts and, in particular, but without limiting the generality of the foregoing, the Council may, in furtherance of its objects, (a) assist, cooperate with and enlist the aid of organizations the objects of which are similar to any of the objects of the Council; (b) provide, through appropriate organizations or otherwise, for grants, scholarships or loans to persons in Canada for study or research in the arts in Canada or elsewhere or to persons in other countries for study or research in the arts in Canada; (c) make awards to persons in Canada for outstanding accomplishment in the arts; (d) arrange for and sponsor exhibitions, performances and publications of works in the arts; (e) make grants to universities and similar institutions of higher learning by way of capital assistance in respect of building construction projects; (f) exchange with other countries or organizations or persons therein knowledge and information respecting the arts; and (g) arrange for representation and interpretation of Canadian arts in other countries. Duties in relation to UNESCO (2) The Governor in Council may assign to the Council such functions and duties in relation to the United Nations Educational, Scientific and Cultural Organization as the Governor in Council considers desirable. R.S., c. C-2, ss. 8, 9; 1976-77, c. 24, s. 23
Canada Council for the Arts Act — C-2 9
By-laws 9 The Council may make by-laws regulating its proceedings and generally for the conduct and management of its activities, including the appointment of honorary officers and advisory committees. R.S., c. C-2, s. 10
Canada Council for the Arts Act — C-2 10
Meetings of Council 10 The Council shall meet at least three times a year in the city of Ottawa on such days as are fixed by the Council and at such other times and places as the Council deems necessary. R.S., c. C-2, s. 11
Canada Council for the Arts Act — C-2 11
Superannuation 11 The Director and employees of the Council shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act , and the Council shall be deemed to be a Public Service corporation for the purposes of section 37 of that Act. R.S., 1985, c. C-2, s. 11; 1995, c. 29, s. 8; 2003, c. 22, s. 225(E)
Canada Council for the Arts Act — C-2 12
Not agent of Her Majesty or part of federal public administration 12 The Council is not an agent of Her Majesty and, except as provided in section 11, the members, Director and employees of the Council are not part of the federal public administration. R.S., 1985, c. C-2, s. 12; 1995, c. 29, s. 8; 2003, c. 22, s. 224(E)
Canada Council for the Arts Act — C-2 13
Endowment Fund 13 The Minister of Finance may, out of the Consolidated Revenue Fund, pay to the Council the sum of fifty million dollars, which shall constitute an Endowment Fund for the purposes of this Act. R.S., c. C-2, s. 14
Canada Council for the Arts Act — C-2 14
Expenditures 14 Any expenditure made for any of the purposes of this Act, except paragraph 8(1)(e), may be paid out of (a) the return on investments made out of the Endowment Fund; or (b) money, securities or other property received by the Council by gift, bequest or otherwise, if available for that purpose. R.S., c. C-2, s. 16
Canada Council for the Arts Act — C-2 15
University Capital Grants Fund 15 (1) The Council shall establish a fund to be called the University Capital Grants Fund, to which shall be credited the sum of fifty million dollars, which shall be paid to the Council by the Minister of Finance out of the Consolidated Revenue Fund. Capital assistance to universities (2) Grants made by the Council pursuant to paragraph 8(1)(e) may be paid out of the University Capital Grants Fund but shall not exceed (a) in the case of any particular project, one-half of the total expenditures made in respect of the project; and (b) in any province, an amount that is in the same proportion to the aggregate of the amounts credited to the University Capital Grants Fund as the population of the province, according to the latest census, is to the aggregate population, according to that census, of those provinces in which there is a university or other similar institution of higher learning. Restriction on investments (3) Investments out of money standing to the credit of the University Capital Grants Fund may be made only in bonds or other securities of or guaranteed by the Government of Canada. R.S., c. C-2, s. 17
Canada Council for the Arts Act — C-2 17
Property and investments 17 (1) The Council may, for the purposes of this Act, acquire, hold, manage and dispose of real, personal, movable and immovable property and, subject to this Act and on the advice of the Investment Committee, may invest in any manner it sees fit any money standing to the credit of the Endowment Fund or the University Capital Grants Fund or received by the Council by gift, bequest or otherwise, and may hold, manage and dispose of the investment. Proceeds of disposal of investments (2) The proceeds of the sale or other disposition of any investment made out of the Endowment Fund or the University Capital Grants Fund shall be credited to the fund out of which the investment was made. R.S., 1985, c. C-2, s. 17; 2001, c. 4, s. 65; 2004, c. 25, s. 104(F)
Canada Council for the Arts Act — C-2 18
Donations 18 The Council may acquire money, securities or other property by gift or bequest or otherwise and may, notwithstanding anything in this Act, expend, administer or dispose of any such money, securities or other property not forming part of the Endowment Fund or the University Capital Grants Fund, subject to the terms, if any, on which the money, securities or other property was given, bequeathed or otherwise made available to the Council. R.S., 1985, c. C-2, s. 18; 2001, c. 4, s. 66(F); 2004, c. 25, s. 105(F)
Canada Council for the Arts Act — C-2 19
Council deemed registered charity 19 The Council shall, for the purposes of the Income Tax Act , be deemed to be a registered charity within the meaning of that expression for the purposes of that Act. R.S., 1985, c. C-2, s. 19; 1999, c. 31, s. 246(F)
Canada Council for the Arts Act — C-2 20
Audit 20 The accounts and financial transactions of the Council shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Council and to the member of the Queen’s Privy Council for Canada designated under subsection 21(1). R.S., c. C-2, s. 22
Canada Council for the Arts Act — C-2 21
Annual report 21 (1) The Chairperson of the Council shall, within three months after the termination of each fiscal year, submit to the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purpose a report of all proceedings under this Act for that fiscal year, including the financial statements of the Council and the report thereon of the Auditor General of Canada. Tabling report (2) The member designated under subsection (1) shall cause the report submitted under that subsection to be laid before Parliament within fifteen days after the receipt thereof by the member or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting and provision shall be made for a review thereof by Parliament. R.S., 1985, c. C-2, s. 21; 1995, c. 29, s. 10(E)
Canada Council for the Arts Act — C-2 11
Members cease to hold office 11 Every person who was a member of the Investment Committee referred to in section 16 of the Act immediately before the coming into force of section 9 of this Act shall cease to hold office on the coming into force of section 9 of this Act.
Canadian Ownership and Control Determination Act — C-20 1
Short title 1 This Act may be cited as the Canadian Ownership and Control Determination Act . 1980-81-82-83, c. 107, s. 34
Canadian Ownership and Control Determination Act — C-20 2
trustee under a trust instrument for the benefit of a person, group or class of persons, notwithstanding that under the same trust instrument different assets, investments or property are held for the benefit of a different person, group or class of persons. Total equity percentage (4) For the purposes of this Act, the total equity percentage of a person in any particular person shall be obtained by calculating the aggregate of (a) the person’s direct equity percentage in respect of the particular person, and (b) the aggregate of the percentages each of which is the product obtained when the person’s total equity percentage in respect of any other person is multiplied by that other person’s direct equity percentage in respect of the particular person. Indirect equity percentage (5) For the purposes of this Act, a person (in this subsection referred to as “the first person”) shall calculate the indirect equity percentage, in respect of an applicant, of any other person having a direct equity percentage in the first person by multiplying the direct equity percentage of the other person in the first person by the aggregate of the percentages, each of which is the first person’s direct equity percentage or indirect equity percentage in respect of the applicant. Power of Minister (6) For the purposes of this Act, where the Minister is empowered to make a determination or redetermination in respect of the Canadian ownership rate of a person, that power shall include the power to adjust the Canadian ownership rate of the person on the basis of informal equity to the extent that, in the opinion of the Minister, is appropriate in the circumstances. References (7) For the purposes of this Act, a reference in this Part to the Foreign Investment Review Act , chapter 46 of the Statutes of Canada, 1973-74, or to any regulation made pursuant to that Act or to any provision of that Act or any such regulation shall be construed as a reference to that Act, regulation or provision as it read immediately before the coming into force of section 46 of the Investment Canada Act , chapter 20 of the Statutes of Canada, 1985. R.S., 1985, c. C-20, s. 2; R.S., 1985, c. 28 (1st Supp.), s. 48; 1994, c. 41, s. 37
Canadian Ownership and Control Determination Act — C-20
certificate means a certificate issued by the Minister under this Act; ( certificat )
Canadian Ownership and Control Determination Act — C-20
control status means, with respect to a person, whether or not the person is Canadian controlled as determined under this Act and the regulations; ( état de contrôle )
Canadian Ownership and Control Determination Act — C-20 (a)
direct equity percentage means, with respect to formal equity owned by a person in any particular person, (a) where the particular person does not have more than one class of formal equity within the meaning of the regulations, the percentage of the formal equity of the particular person that is owned by the person, and (b) where the particular person has more than one class of formal equity within the meaning of the regulations, subject to the regulations, the aggregate fair market value of the formal equity of the particular person that is owned by the person, expressed as a percentage of the aggregate fair market value of all the formal equity of the particular person; ( pourcentage de participation directe )
Canadian Ownership and Control Determination Act — C-20 (a)
formal equity means, (a) with respect to a corporation, any share of the corporation, other than a share excluded by the regulations, that is, or is deemed under the regulations to be, issued and outstanding, (b) with respect to a partnership, any interest or right in the capital or income, or both, of the partnership, (c) with respect to a trust, any beneficial interest in the property of the trust, and (d) with respect to any other person, such interest or right in respect of that person as is prescribed; ( participation ordinaire )
Canadian Ownership and Control Determination Act — C-20
informal equity means, subject to the regulations, any interest or right to participate in or benefit from, either currently or in the future, other than by way of formal equity, the assets, revenues or business activities of another person; ( participation non ordinaire )
Canadian Ownership and Control Determination Act — C-20
investor means, with respect to an applicant for a certificate, a person who has a total equity percentage in the applicant that is greater than zero; ( investisseur )
Canadian Ownership and Control Determination Act — C-20
Minister means the Minister of Natural Resources; ( ministre )
Canadian Ownership and Control Determination Act — C-20
owned means, subject to the regulations, beneficially owned, and the words owner and ownership have corresponding meanings; ( posséder )
Canadian Ownership and Control Determination Act — C-20
person means an individual, a corporation, a partnership, a trust, a government, an agency of government, a segregated fund within the meaning of the regulations and an organization that is prescribed as being a person or that falls into a class of organizations prescribed as being persons; ( personne )
Canadian Ownership and Control Determination Act — C-20
prescribed means prescribed by the regulations, or with respect to the form and manner in which any application under this Act shall be filed or the information and documentation to be contained in or to accompany that application, means prescribed by order of the Minister. ( Version anglaise seulement )
Canadian Ownership and Control Determination Act — C-20 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. 1980-81-82-83, c. 107, s. 36
Canadian Ownership and Control Determination Act — C-20 4
Who may apply 4 The following are qualified to apply for a certificate: (a) an individual other than a non-eligible person; (b) a corporation incorporated in Canada; (c) a partnership, if the relationship among the partners as such is governed by the laws of a province; (d) a trustee in respect of a trust, if the trustee and beneficiaries are, with respect to their status as such, governed by the laws of a province; (e) an insurance company incorporated in Canada in respect of any of its segregated funds within the meaning of the regulations; and (f) any person prescribed as being qualified to apply for a certificate or who falls into a class of persons prescribed as being qualified to apply for a certificate. 1980-81-82-83, c. 107, s. 37
Canadian Ownership and Control Determination Act — C-20 5
Applications 5 (1) Every application for a certificate shall be filed in the prescribed form and manner and shall contain or be accompanied by the prescribed information and documentation and, for the purposes of the application, the Canadian ownership rate and control status of a person shall be determined in accordance with this Act and the regulations. Control status (2) Subject to any regulations made under paragraph 20(f) or (g), a person is Canadian controlled if that person is not a non-eligible person and is not Canadian controlled if that person is a non-eligible person. Presumptions (3) For the purpose of determining whether a partnership or trust is a non-eligible person, the partnership or trust shall be deemed to be a corporation incorporated in Canada or elsewhere, and (a) with respect to a partnership, the interests or rights in respect of its capital or income shall be deemed to be shares of the corporation, the beneficial owners of those interests or rights shall be deemed to be shareholders of the corporation and, with respect to a limited partnership, any general partner shall be deemed to be a member of the board of directors of the corporation; and (b) with respect to a trust, the beneficial interests in the property of the trust shall be deemed to be shares of the corporation, the owners of those beneficial interests shall be deemed to be shareholders of the corporation and the trustees shall be deemed to be members of the board of directors of the corporation. 1980-81-82-83, c. 107, s. 38
Canadian Ownership and Control Determination Act — C-20 6
Determination by Minister under Foreign Investment Review Act 6 (1) Where the Minister designated to act as the Minister for the purposes of the Foreign Investment Review Act , chapter 46 of the Statutes of Canada, 1973-74, has reached the opinion under subsection 4(1) of that Act that a person is not a non-eligible person within the meaning of that Act, that person shall, subject to the regulations, be deemed to be Canadian controlled for the purposes of this Act for as long as the opinion is binding on that Minister. Idem (2) Where the Minister designated to act as the Minister for the purposes of the Foreign Investment Review Act , chapter 46 of the Statutes of Canada, 1973-74, has reached the opinion under subsection 4(1) of that Act that a person is a non-eligible person within the meaning of that Act, or demands notice under subsection 8(3) of that Act from a person he believes to be a non-eligible person, that person shall, subject to subsection (3) of this section, be deemed not to be Canadian controlled for the purposes of this Act for as long as the opinion under subsection 4(1) of that Act is binding on that Minister or the demand for notice under subsection 8(3) of that Act is binding on the recipient of the notice, and any certificate issued in respect of that person shall, if necessary, be revised accordingly. Application (3) Subsection (2) does not apply where the opinion of the Minister referred to in that subsection would have been otherwise, or where the demand for notice referred to in that subsection would not have been made, had the definition non-eligible person in subsection 3(1) of the Foreign Investment Review Act , chapter 46 of the Statutes of Canada, 1973-74, been read in accordance with subsection 2(2) of this Act. 1980-81-82-83, c. 107, s. 38
Canadian Ownership and Control Determination Act — C-20 7
Acknowledgment of receipt of application 7 (1) Where the Minister is satisfied that an application for a certificate has been made by a person qualified to apply, has been filed in the form and manner prescribed and contains or is accompanied by the information and documentation prescribed, he shall send to the applicant, by personal delivery or registered mail, an acknowledgment as to the date of receipt of the application by the Minister. Determination by Minister (2) The Minister shall examine each application for a certificate the receipt of which has been acknowledged under subsection (1) and any supplementary information or documentation provided pursuant to section 8 and shall, in accordance with this Act and the regulations, determine the Canadian ownership rate or the Canadian ownership rate and control status in respect of which a certificate was applied for. Issue of certificate (3) Subject to section 8, the Minister shall, not later than ninety days after the acknowledged date of receipt of the application, issue a certificate to the applicant stating the Canadian ownership rate or the Canadian ownership rate and control status of the applicant, as determined under subsection (2), and the effective period of the certificate. Saving (4) Nothing in this section prevents the Minister, on application therefor, from issuing a certificate stating the control status of a person to whom there has been issued a certificate stating only his Canadian ownership rate, where the latter certificate is in effect at the time the application is made. Statement of reconciliation (5) Where the Canadian ownership rate stated in a certificate differs from that submitted with the application for the certificate, the Minister shall provide the applicant with a statement of reconciliation. 1980-81-82-83, c. 107, s. 39
Canadian Ownership and Control Determination Act — C-20 8
Supplementary information and documentation 8 (1) Where the Minister, after acknowledging receipt of an application for a certificate, is unable to determine the Canadian ownership rate or control status of the applicant or make any other relevant determination, he shall, as often as is required, give notice to the applicant in writing, by personal delivery or registered mail, requesting any supplementary information or documentation that the Minister considers necessary in order to enable him to make the determination. Suspension of period for issuing certificate (2) Where supplementary information or documentation is requested by notice in writing under subsection (1) or an audit or examination is begun after notice in writing under section 15, the period for issuing a certificate ceases to run from the giving of the relevant notice, resumes running on the day the Minister receives all the supplementary information and documentation requested or the day the audit or examination is completed, as the case may be, and continues to run for a period after that day that is the greater of (a) thirty days, and (b) the balance of the period for issuing a certificate that remained on the giving of the relevant notice. 1980-81-82-83, c. 107, s. 40
Canadian Ownership and Control Determination Act — C-20 9
Currency of information and documentation 9 All information and documentation relating to the Canadian ownership rate on which an application for a certificate is based shall, subject to such exemptions as the Minister may allow, be current as of a day or days determined in the manner prescribed. 1980-81-82-83, c. 107, s. 41
Canadian Ownership and Control Determination Act — C-20 10
Effective period of certificate 10 (1) A certificate is effective as of the acknowledged date of receipt of the application for it and, subject to subsections (2) and (3), it continues to be effective for a period of twelve months from that date or for such longer period or periods, not exceeding twenty-four months from that date, as may be prescribed in respect of such classes of persons as are prescribed. Additional effective period (2) The Minister may, in the manner prescribed, allocate among any persons or classes thereof to whom certificates are to be issued effective for the period referred to in subsection (1) an additional effective period not exceeding six months. Other effective periods (3) The Minister may (a) on request by an applicant for a certificate, issue a certificate effective for a period less than the effective period under subsection (1) or (2); and (b) on request by a person to whom a certificate was issued, reduce the effective period of the certificate and revise the certificate accordingly. New certificate (4) Where the holder of a current certificate has, in substantial compliance with this Act and the regulations, applied for a new certificate prior to the expiration of the current certificate, the Minister may issue a new certificate effective as of the day the current certificate expires. 1980-81-82-83, c. 107, s. 42
Canadian Ownership and Control Determination Act — C-20 11
section, any current certificate of that person ceases to be effective as of the day the certificate so issued is effective. Definition of current certificate (7) In this section, current certificate means any certificate that is in effect on the issue of a certificate pursuant to a new or amended application under this section. 1980-81-82-83, c. 107, s. 43
Canadian Ownership and Control Determination Act — C-20 12
Redetermination by Minister 12 (1) The Minister may, at any time, for any relevant period, redetermine the Canadian ownership rate or control status or both of a person to whom a certificate that is no longer in effect was issued where the Canadian ownership rate or control status or both of that person differed from that stated in the certificate by reason of any of the circumstances set out in paragraph 11(1)(a) or (b), subparagraph 11(1)(e)(ii) or (iii), subsection 13(4) or subsection 16(3), (4) or (6). Notice (2) On making a redetermination under subsection (1), the Minister shall give notice thereof by personal delivery or registered mail to the person to whom the certificate referred to in that subsection was issued. 1980-81-82-83, c. 107, s. 44