GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Remote Sensing Space Systems Act — R-5.4 39
Jurisdiction — contravention outside Canada 39 (1) If a person is alleged to have committed an act or omission that is a contravention of section 5 because of the application of section 6 , proceedings in relation to that contravention may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of that offence in the same manner as if it had been committed in that territorial division. Appearance of accused at trial (2) The provisions of the Criminal Code , including their exceptions, relating to requirements that an accused appear at and be present during proceedings apply in respect of proceedings commenced in a territorial division under subsection (1). Offence dealt with outside Canada (3) If a person is alleged to have committed an act or omission referred to in subsection (1) and the person has been dealt with outside Canada for the contravention in a manner that, if the person had been dealt with in Canada for the contravention in that manner, would allow the person to plead autrefois acquit , autrefois convict or pardon, the person is deemed to have been so dealt with in Canada.
Remote Sensing Space Systems Act — R-5.4 40
Liability of officers, directors, agents or mandataries 40 If a corporation commits an offence under this Act, any officer, director, 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 is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Remote Sensing Space Systems Act — R-5.4 41
Offences by employees, agents or mandataries 41 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, an agent or a mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence.
Remote Sensing Space Systems Act — R-5.4 42
Due diligence 42 (1) Due diligence is a defence in a prosecution for an offence under this Act. Section 126 of Criminal Code (2) No person shall be prosecuted under section 126 of the Criminal Code for a contravention of subsection 9 (2).
Remote Sensing Space Systems Act — R-5.4 43
Continuing offence 43 A contravention of this Act that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.
Remote Sensing Space Systems Act — R-5.4 44
Limitation period 44 Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.
Remote Sensing Space Systems Act — R-5.4 45
Injunctions 45 If a court of competent jurisdiction — including the Federal Court — is satisfied, on application by the Minister, that a contravention of section 5 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that the court considers appropriate, ordering any person to cease or refrain from any activity related to that contravention, or ordering the person to take any measure that a licensee could, under this Act, be required to take.
Remote Sensing Space Systems Act — R-5.4 45.1
Independent review 45.1 (1) The Minister shall cause an independent review of the provisions and operation of this Act to be conducted from time to time in order to assess, in particular, its impact on technological development and on the implementation of international agreements and treaties. Report by Minister (2) The Minister shall cause the report on a review conducted under subsection (1) to be laid before each House of Parliament within five years after the coming into force of this Act, and within every five-year period after the tabling of a report under this subsection.
Remote Sensing Space Systems Act — R-5.4 Order in council
Order in council * 47 This Act, other than section 46 , comes into force on a day to be fixed by order of the Governor in Council. * [Note: Section 46 in force on assent November 25, 2005; Act, other than section 46, in force April 5, 2007, see SI/2007-47.]
Rental Housing Benefit Act — R-5.44
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Rental Housing Benefit Act — R-5.44 1
Short title 1 This Act may be cited as the Rental Housing Benefit Act .
Rental Housing Benefit Act — R-5.44 2
Definitions 2 (1) The following definitions apply in this Act. Agency means the Canada Revenue Agency. ( Agence ) cohabiting spouse or common-law partner has the same meaning as in section 122.6 of the Income Tax Act . ( époux ou conjoint de fait visé ) Commissioner has the same meaning as in section 2 of the Canada Revenue Agency Act . ( commissaire ) Corporation means the Canada Mortgage and Housing Corporation. ( Société ) His Majesty means His Majesty in right of Canada. ( Sa Majesté ) Minister means the member of the King’s Privy Council for Canada designated as Minister for the purposes of the Canada Mortgage and Housing Corporation Act . ( ministre ) reference day means the later of December 1, 2022 and the day on which this Act comes into force. ( date de référence ) rent means a payment made under a lease, licence or similar arrangement to occupy a principal residence, including any part of the payment that is allocated to pay for utilities or property taxes. It does not include any such payment, or part of any such payment, (a) that is paid in respect of utilities or property taxes to a person or entity who is not a party to the lease, licence or arrangement; (b) that is to be deducted from income from business under the Income Tax Act ; (c) that is specified and that is allocated to pay for board or other services; (d) that is paid by a person to a related person , within the meaning of paragraph 251(2)(a) and subsection 251(6) of the Income Tax Act , and that is not income of the related person for the purposes of that Act; or (e) that is paid with respect to a capital lease. ( loyer ) Spouse or common-law partner living separate and apart (2) For the purposes of this Act, a person is not considered to be living separate and apart from their spouse or common-law partner at any time unless they are living separate and apart at that time, because of a breakdown of their marriage or common-law partnership, for a period of at least 90 days that includes that time. Definition of adjusted income (3) In section 4 , adjusted income has the same meaning as in section 122.6 of the Income Tax Act , except that the reference to “at the end of the year” is to be read as a reference to “on the reference day”.
Rental Housing Benefit Act — R-5.44
Agency means the Canada Revenue Agency. ( Agence )
Rental Housing Benefit Act — R-5.44
cohabiting spouse or common-law partner has the same meaning as in section 122.6 of the Income Tax Act . ( époux ou conjoint de fait visé )
Rental Housing Benefit Act — R-5.44
Commissioner has the same meaning as in section 2 of the Canada Revenue Agency Act . ( commissaire )
Rental Housing Benefit Act — R-5.44
Corporation means the Canada Mortgage and Housing Corporation. ( Société )
Rental Housing Benefit Act — R-5.44
His Majesty means His Majesty in right of Canada. ( Sa Majesté )
Rental Housing Benefit Act — R-5.44
Minister means the member of the King’s Privy Council for Canada designated as Minister for the purposes of the Canada Mortgage and Housing Corporation Act . ( ministre )
Rental Housing Benefit Act — R-5.44
reference day means the later of December 1, 2022 and the day on which this Act comes into force. ( date de référence )
Rental Housing Benefit Act — R-5.44 (a)
rent means a payment made under a lease, licence or similar arrangement to occupy a principal residence, including any part of the payment that is allocated to pay for utilities or property taxes. It does not include any such payment, or part of any such payment, (a) that is paid in respect of utilities or property taxes to a person or entity who is not a party to the lease, licence or arrangement; (b) that is to be deducted from income from business under the Income Tax Act ; (c) that is specified and that is allocated to pay for board or other services; (d) that is paid by a person to a related person , within the meaning of paragraph 251(2)(a) and subsection 251(6) of the Income Tax Act , and that is not income of the related person for the purposes of that Act; or (e) that is paid with respect to a capital lease. ( loyer )
Rental Housing Benefit Act — R-5.44 3
Payment of benefit 3 The Minister must pay a one-time rental housing benefit of $500 to a person who is eligible to receive it and who makes an application under section 5 .
Rental Housing Benefit Act — R-5.44 5
Application 5 An application for the benefit must (a) be in the form and manner established by the Minister; and (b) be made no earlier than the reference day and no later than the 120th day after the reference day.
Rental Housing Benefit Act — R-5.44 6
Attestation 6 An applicant must, in their application, attest to the accuracy of the information that they provide in it, including the rent paid during 2022 for the principal residence, the address of the principal residence and the name and contact information of the person to whom the rent was paid.
Rental Housing Benefit Act — R-5.44 7
Corporation 7 The Corporation, on behalf of His Majesty and in the place of the Minister, (a) has all the rights and liabilities of His Majesty and the Minister under this Act; and (b) exercises all the powers and performs all the duties and functions of the Minister under this Act.
Rental Housing Benefit Act — R-5.44 8
Minister of National Revenue 8 The Minister of National Revenue may provide services and carry out activities to support the Minister in the administration and enforcement of this Act and may authorize the Commissioner or any other person who is employed or engaged by the Agency or who occupies a position of responsibility in the Agency to provide those services or carry out those activities.
Rental Housing Benefit Act — R-5.44 9
Agreements or arrangements 9 The Minister may enter into agreements or arrangements with any department, board or agency of the Government of Canada to assist the Minister in carrying out the purposes and provisions of this Act.
Rental Housing Benefit Act — R-5.44 10
Delegation 10 The Minister may authorize the Commissioner or any other person or body, or member of a class of persons or bodies, to exercise any power or perform any duty or function of the Minister under this Act.
Rental Housing Benefit Act — R-5.44 11
Availability of information 11 (1) Information obtained, or prepared from information obtained, under this Act may be made available to the Minister of National Revenue for the administration and enforcement of the Income Tax Act if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the Minister of National Revenue. Secondary release of information (2) The information must not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the Minister of National Revenue.
Rental Housing Benefit Act — R-5.44 12
Payment out of Consolidated Revenue Fund 12 (1) All amounts to be expended in relation to this Act, including amounts payable by the Minister under section 3 and the costs of administering and enforcing this Act, are to be paid out of the Consolidated Revenue Fund to the Corporation. Special account (2) The Corporation may pay or cause to be paid all or any part of the money paid out to it under subsection (1) to the Receiver General, to be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada in the Corporation’s name. Payments charged to special account (3) If money is credited to the special account under subsection (2), (a) the Minister of National Revenue may, at the request and on behalf of the Corporation, make payments out of the Consolidated Revenue Fund for the purposes of this Act and those payments are to be charged to the special account; and (b) money owing to His Majesty under this Act is to be deposited into the Consolidated Revenue Fund and, unless the special account has been closed under paragraph 28 (2)(b), credited to the special account.
Rental Housing Benefit Act — R-5.44 13
Social Insurance Number 13 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application under this Act.
Rental Housing Benefit Act — R-5.44 14
Provision of information and documents 14 (1) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, require that any person provide any information or document within the reasonable time that the Minister may specify. Ineligibility (2) The Minister may decide that an applicant who fails to fulfill or comply with a requirement under subsection (1) is ineligible for a rental housing benefit.
Rental Housing Benefit Act — R-5.44 15
Benefit cannot be charged, etc. 15 A rental housing benefit (a) is not subject to the operation of any law relating to bankruptcy or insolvency; (b) cannot be assigned, charged, attached or given as security; (c) cannot be retained by way of deduction, set-off or compensation under any Act of Parliament other than this Act; and (d) is not garnishable moneys for the purposes of the Family Orders and Agreements Enforcement Assistance Act .
Rental Housing Benefit Act — R-5.44 16
Reconsideration of application 16 (1) Subject to subsection (5), the Minister may reconsider an application within 24 months after the 120th day after the reference day. Decision (2) If the Minister decides on reconsideration that a person has received money by way of a rental housing benefit to which they were not entitled, or has not received money to which they were entitled, the Minister must calculate the amount of the money and notify the person of the Minister’s decision. Amount repayable (3) Section 18 applies if the Minister decides that a person has received money by way of a benefit to which they were not entitled. Amount payable (4) If the Minister decides that a person was entitled to receive money by way of a rental housing benefit, and the money was not paid, the amount calculated under subsection (2) is payable to the person. Extended time to reconsider claim (5) If, in the opinion of the Minister, a false or misleading statement or representation has been made in connection with an application for a rental housing benefit, the Minister has 72 months within which to reconsider the application.
Rental Housing Benefit Act — R-5.44 17
Request for review 17 (1) A person who is the subject of a decision of the Minister made under this Act may make a request to the Minister, in the form and manner established by the Minister, for a review of that decision at any time within 90 days after the day on which they are notified of the decision or any further time that the Minister may allow. Review (2) The Minister must review the decision if a request for its review is made under subsection (1). On completion of the review, the Minister must confirm, vary or rescind the decision. Notification (3) The Minister must notify the person who made the request of the result of the Minister’s review under subsection (2).
Rental Housing Benefit Act — R-5.44 18
Return of overpayment or erroneous payment 18 (1) If the Minister determines that a person has received a rental housing benefit to which they are not entitled, or an amount in excess of the amount of such a benefit to which they are entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as feasible. Recovery as debt due to His Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to His Majesty as of the day on which the amount was paid and the debt is payable and may be recovered by the Minister as of the day the Minister determined the amount of the erroneous payment or overpayment.
Rental Housing Benefit Act — R-5.44 19
Limitation or prescription period 19 (1) Subject to this section, no action or proceedings may be taken to recover money owing under this Act after the end of the six-year limitation or prescription period that begins on the day on which the money becomes due and payable. Deduction, set-off or compensation (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, or set-off or compensation against, any sum of money, including a rental housing benefit, that may be due or payable by His Majesty to the person, other than an amount payable under section 122.61 of the Income Tax Act . Acknowledgment of liability (3) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period. Acknowledgment after limitation or prescription period (4) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the end of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment. Types of acknowledgments (5) An acknowledgment of liability means (a) a written promise to pay the money owing, signed by the person or their agent or other representative; (b) a written acknowledgment of the money owing, signed by the person or their agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the person or their agent or other representative of any money owing; or (d) any acknowledgment of the money owing made by the person, their agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts. Limitation or prescription period suspended (6) The running of a limitation or prescription period in respect of money owing under this Act is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act. Non-application (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Rental Housing Benefit Act — R-5.44 20
No interest payable 20 No interest is payable on any amount owing to His Majesty under this Act as a result of an overpayment or an erroneous payment.
Rental Housing Benefit Act — R-5.44 21
Violations 21 (1) A person commits a violation if they (a) knowingly make, in relation to an application for a rental housing benefit, a representation that is false or misleading; or (b) make an application for, and receive, a rental housing benefit knowing that they are not eligible to receive it. Penalty (2) The Minister may impose a penalty on a person if the Minister is of the opinion that the person has committed a violation. Amount of penalty (3) The Minister may set the amount of the penalty for each violation at not more than 50% of the benefit that was or would have been paid as a result of committing the violation. For greater certainty (4) For greater certainty, no penalty may be imposed on a person if they mistakenly believe that a representation is true or that they were eligible to receive the benefit, as the case may be. Purpose of penalty (5) The purpose of a penalty is to promote compliance with this Act and not to punish.
Rental Housing Benefit Act — R-5.44 22
Limitation of imposition of penalties 22 A penalty must not be imposed under section 21 if more than three years have passed after the day on which the act that would constitute the violation occurred.
Rental Housing Benefit Act — R-5.44 23
Rescission or reduction of penalty 23 The Minister may rescind the imposition of a penalty under section 21 , or reduce the penalty, on the presentation of new facts or on being of the opinion that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.
Rental Housing Benefit Act — R-5.44 24
Recovery as debt due to His Majesty 24 A penalty imposed under section 21 constitutes a debt due to His Majesty and the debt is payable and may be recovered by the Minister as of the day on which the penalty is imposed.
Rental Housing Benefit Act — R-5.44 25
Offences 25 (1) Every person commits an offence who (a) for the purpose of obtaining a rental housing benefit for themselves, knowingly uses false identity information or another person’s identity information; or (b) with intent to steal all or a substantial part of another person’s rental housing benefit, counsels that person to apply for the benefit. Punishment (2) Every person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than the sum of $5,000 plus an amount of not more than double the amount of the benefit that was or would have been paid as a result of committing the offence, to imprisonment for a term of not more than two years less a day, or to both. Definition of identity information (3) In paragraph (1)(a), identity information has the same meaning as in section 402.1 of the Criminal Code .
Rental Housing Benefit Act — R-5.44 26
Designation — investigators 26 (1) The Minister may designate as an investigator any person or class of persons for the purpose of enforcing section 25 . Authorization (2) The Minister may authorize the Commissioner to designate as an investigator any employee or class of employees of the Agency for the purpose of enforcing section 25 .
Rental Housing Benefit Act — R-5.44 27
Limitation period 27 Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, five years after the day on which the Minister becomes aware of the subject matter of the prosecution.
Rental Housing Benefit Act — R-5.44 28
Sunset provision 28 (1) Despite any other provision of this Act, a payment out of the Consolidated Revenue Fund must not be made under section 12 after the fifth anniversary of the day on which this Act comes into force. Consolidated Revenue Fund (2) On the day after that fifth anniversary, (a) any money paid out under subsection 12 (1) and held on that day by the Corporation is to be paid into the Consolidated Revenue Fund and credited to the Receiver General; and (b) any special account referred to in subsection 12 (2) is closed and any money in that account on closing is to remain in the Consolidated Revenue Fund and is credited to the Receiver General.
Representation Act, 1974 — R-5.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Representation Act, 1974 — R-5.5 1
Short title 1 This Act may be cited as the Representation Act, 1974 .
Representation Act, 1974 — R-5.5 3
3 This Part may be cited as the Constitution Act, 1974 . 1974-75-76, c. 13, s. 3; 1976-77, c. 28, s. 38; Constitution Act, 1982 , Sch., item 28
Representation Act, 1974 — R-5.5 4
Removing suspension 4 Upon the commencement of this Act, sections 20 to 27 of the Electoral Boundaries Readjustment Act cease to be suspended and sections 5 to 7 of the Electoral Boundaries Readjustment Suspension Act are repealed.