GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Quebec Domestic Help Charities Remission Order — Quebec Domestic Help Charities Remission Order
revocation tax has the meaning assigned by subsection 188(1.1) of the Income Tax Act . ( impôt de révocation )
Quebec Domestic Help Charities Remission Order — 2
2 Remission of the revocation tax paid or payable is granted to a person on the condition that the person (a) was a registered charity before the coming into force of this Order; (b) was a participant in the Financial Assistance Program for Domestic Help Services, established by the Quebec Department of Health and Social Services, before the coming into force of this Order; (c) makes a written application for revocation of its registration as a registered charity to the Minister of National Revenue within nine months after the day on which this Order comes into force; and (d) makes a written application for remission under this Order to the Minister of National Revenue within nine months after the day on which this Order comes into force.
Prince Edward Island – Criminal Appeal Rules of Court — a
The Prince Edward Island Court of Appeal, pursuant to subsection 482(1) a of the Criminal Code b , repeals Rule 67 of the Rules of the Supreme Court and the Appeal Division of the Supreme Court of Prince Edward Island c and hereby makes the annexed Rule 82 — Criminal Appeal , effective January 1, 2012. a S.C. 1994, c. 44, s. 35 b R.S., c. C-46 c SI/77-3
Prince Edward Island – Criminal Appeal Rules of Court — 82.01
82.01 (1) In this rule, unless the context requires otherwise, appeal includes an application for leave to appeal and a cross-appeal; ( appel ) appellant means the person who is appealing from conviction or sentence, or both, and in an appeal by the Crown means Her Majesty the Queen represented by the Attorney General and includes an appellant by cross-appeal; ( appelant ) Attorney General means the Attorney General as defined in section 2 of the Code and includes counsel instructed by him or her for the purpose of appeal, and Her Majesty the Queen represented in an appeal by the Attorney General; ( procureur général ) Chief Justice means the Chief Justice of Prince Edward Island or in the absence of the Chief Justice of Prince Edward Island, the next senior judge of the Court; ( juge en chef ) Code means the Criminal Code , R.S.C. 1985, c. C-27; ( Code ) Court means the Prince Edward Island Court of Appeal; ( Cour ) Chief Court Reporter means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1; ( sténographe judiciaire en chef ) Court Reporter means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to record proceedings in the Provincial Court or youth justice court; ( sténographe judiciaire ) court transcriber means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to transcribe proceedings in the Provincial Court or youth justice court; ( transcripteur judiciaire ) judge means a judge of the Court and includes a judge of the Supreme Court of Prince Edward Island, whenever any such judge is sitting ex-officio , as a judge of the Court; ( juge ) judgment means the formal disposition of an appeal by the Court and includes an order for judgment; ( jugement ) notice of appeal includes notice of application for leave to appeal and notice of cross-appeal; ( avis d’appel ) Prisoner Appeal means an appeal by a person who, when the notice of appeal is given, is in custody and is not represented by counsel; ( appel d’un détenu ) Provincial Court means the Provincial Court of Prince Edward Island; ( Cour provinciale ) Registrar means the officer of the Court appointed as registrar or as a deputy registrar; ( registraire ) respondent means Her Majesty the Queen represented by the Attorney General in the case of a person who appeals against conviction or sentence, and where the appeal is by Her Majesty the Queen represented by the Attorney General, means the person whose acquittal or sentence is appealed, or in whose favour a court refused to exercise its jurisdiction or has issued an order to quash or stay an indictment; ( intimé ) trial court means the court appealed from. ( tribunal de première instance ) trial judge means the judge who presided at the trial; ( juge de première instance ) youth justice court means a youth justice court referred to in section 13 of the Youth Criminal Justice Act . ( tribunal pour adolescents ) (2) The interpretation and definitions in sections 2 and 673 of the Code apply to this rule.
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
appeal includes an application for leave to appeal and a cross-appeal; ( appel )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
appellant means the person who is appealing from conviction or sentence, or both, and in an appeal by the Crown means Her Majesty the Queen represented by the Attorney General and includes an appellant by cross-appeal; ( appelant )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Attorney General means the Attorney General as defined in section 2 of the Code and includes counsel instructed by him or her for the purpose of appeal, and Her Majesty the Queen represented in an appeal by the Attorney General; ( procureur général )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Chief Justice means the Chief Justice of Prince Edward Island or in the absence of the Chief Justice of Prince Edward Island, the next senior judge of the Court; ( juge en chef )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Code means the Criminal Code , R.S.C. 1985, c. C-27; ( Code )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Court means the Prince Edward Island Court of Appeal; ( Cour )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Chief Court Reporter means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1; ( sténographe judiciaire en chef )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Court Reporter means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to record proceedings in the Provincial Court or youth justice court; ( sténographe judiciaire )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
court transcriber means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to transcribe proceedings in the Provincial Court or youth justice court; ( transcripteur judiciaire )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
judge means a judge of the Court and includes a judge of the Supreme Court of Prince Edward Island, whenever any such judge is sitting ex-officio , as a judge of the Court; ( juge )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
judgment means the formal disposition of an appeal by the Court and includes an order for judgment; ( jugement )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
notice of appeal includes notice of application for leave to appeal and notice of cross-appeal; ( avis d’appel )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Prisoner Appeal means an appeal by a person who, when the notice of appeal is given, is in custody and is not represented by counsel; ( appel d’un détenu )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Provincial Court means the Provincial Court of Prince Edward Island; ( Cour provinciale )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Registrar means the officer of the Court appointed as registrar or as a deputy registrar; ( registraire )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
respondent means Her Majesty the Queen represented by the Attorney General in the case of a person who appeals against conviction or sentence, and where the appeal is by Her Majesty the Queen represented by the Attorney General, means the person whose acquittal or sentence is appealed, or in whose favour a court refused to exercise its jurisdiction or has issued an order to quash or stay an indictment; ( intimé )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
trial court means the court appealed from. ( tribunal de première instance )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
trial judge means the judge who presided at the trial; ( juge de première instance )
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
youth justice court means a youth justice court referred to in section 13 of the Youth Criminal Justice Act . ( tribunal pour adolescents )
Prince Edward Island – Criminal Appeal Rules of Court — 82.02
82.02 (1) This rule applies to appeals under Part XXI, Part XXVI and under section 839 of the Code and to any other appeal filed in the Court in relation to any cause or matter processed in accordance with criminal procedures, so far as this Rule is not inconsistent with any provision of the Code or any other statute or any uniform rules of court made by the Governor in Council under subsection 482(5) of the Code. (2) The provisions of this Rule relating to prisoner appeals, apply, with the necessary modifications, to an appeal by any person who, although not convicted, is detained in custody and appeals under section 672.72 of the Code.
Prince Edward Island – Criminal Appeal Rules of Court — 82.03
82.03 Any matter of procedure or practice not provided for by the Code or this rule shall be governed by this Rule of Civil Procedure in force from time to time.
Prince Edward Island – Criminal Appeal Rules of Court — 82.04
82.04 (1) An appeal shall be commenced by the issuing of a notice of appeal that sets out the grounds of appeal. In prisoner appeals the notice shall be in Form 82B . In all other appeals by a convicted person or by the Attorney General, the notice shall be in Form 82A . (2) The senior official of every penal institution shall supply to any prisoner in custody, on request, notice of appeal forms for the prisoner’s use as well as a copy of this rule and all other forms as may be required for the prisoner’s use. (3) Except where subsections (4), (5) and (6) apply, a notice of appeal (a) from conviction, or conviction and sentence, or sentence only, shall be filed not later than 30 days after the date of the sentence; and (b) from acquittal shall be filed not later than 30 days after the date of the acquittal. (4) Where a person is acquitted of an offence but is convicted of an included offence, a notice of appeal from acquittal shall be filed not later than 30 days after the date of the sentence imposed in respect of the included offence. (5) Where an appeal is to be taken in respect of one or more counts in an indictment, a notice of appeal from conviction, acquittal or sentence shall be filed not later than 30 days after the date of the acquittal or sentence, in respect of any count in the indictment. (6) Where an appeal is to be taken under section 784 or 839 of the Code, a notice of appeal shall be filed not later than 30 days after the date of pronouncement of the decision in the court appealed from or, if the decision is reserved, after the date of the filing of written reasons for the decision.
Prince Edward Island – Criminal Appeal Rules of Court — 82.05
82.05 (1) In a prisoner appeal, the filing of a notice of appeal shall be effected by delivering the notice of appeal to the senior official of the penal institution in which the appellant is imprisoned. The senior official shall endorse on the document the date of receipt and shall then return a copy so endorsed to the appellant and forthwith forward the original to the Registrar. (2) In all cases where the Attorney General is not the appellant, other than in a prisoner appeal, the filing of a notice of appeal shall be effected by (a) filing the original and four copies of the notice of appeal with the Registrar; or (b) sending the documents to the Registrar by prepaid registered mail. (3) The Registrar shall, on receipt of a notice of appeal under subrules (1) and (2), effect service by forwarding a copy to the Attorney General and to the court appealed from. (4) In an appeal by the Attorney General, the notice of appeal shall be filed with the Registrar. Service by the Attorney General on the respondent and other parties shall be effected within 30 days after such filing by (a) personal service on the respondent; (b) service on the respondent’s legal counsel if counsel accepts service on behalf of the respondent or if counsel already appears as counsel of record in the Court; (c) service on the appropriate senior official of the penal institution if the respondent is in custody; (d) verified facsimile transmission; or (e) any other manner as may be directed by the Court or a judge of the Court. (5) Proof of service of the notice of appeal, in appeals under sub-rule (4), shall be filed with the Registrar forthwith. (6) A notice of cross-appeal shall be filed not later than 30 days after receipt by the cross-appellant of the notice of appeal and shall be served in accordance with this Rule.
Prince Edward Island – Criminal Appeal Rules of Court — 82.06
82.06 (1) Where leave to appeal is required, arguments respecting leave shall be presented at the hearing of the appeal unless (a) the appeal is from sentence only and the appellant has applied under section 679 of the Code for release from custody pending the appeal; (b) the appellant or respondent applies, with appropriate supporting materials, for the issue of leave to be determined prior to the hearing of the appeal; or (c) the Court of its own motion requires the parties to appear, with appropriate supporting materials, at a hearing to determine the issue of leave. (2) On the hearing of an application, the Court may grant leave, refuse leave or postpone the decision until the hearing of the appeal.
Prince Edward Island – Criminal Appeal Rules of Court — 82.07
82.07 (1) Where the Court requests that the trial judge furnish a report on the case or on any matter relating to the case, notice shall be given to the parties who shall have the opportunity to make submissions to the Court concerning (a) whether the trial judge’s report is to be furnished; and (b) if the report is to be furnished, the scope of the report to be requested. (2) Where the Court directs that a report of the trial judge is to be furnished, the Registrar shall, on receipt of the report, mail copies to the parties to the appeal.
Prince Edward Island – Criminal Appeal Rules of Court — 82.08
82.08 (1) Where an appellant desires to present their argument in writing without appearing in person or by counsel, they shall state their intention to do so in their notice of appeal and may (a) include their points of argument in their notice of appeal, or (b) file and serve an appellant’s factum within the time prescribed by subsection 82.14(1). (2) Where a respondent desires to present their argument in writing instead of appearing in person or by counsel they shall, within the time prescribed by subsection 82.14(3), file and serve a respondent’s factum and a written notice that they do not intend to appear in person or by counsel.
Prince Edward Island – Criminal Appeal Rules of Court — 82.09
arty to an appeal receives a copy of a request for transcript and certificate prepared by another party, the receiving party may, if the following conditions are met, deliver a request for further portions of transcript and certificate in Form 82D to the Chief Court Reporter or a court reporter and to the other parties to the appeal, file a copy of it with the Registrar, and within 15 days thereafter file with the Registrar a certificate of a court reporter in Form 82E , with such modifications as may be necessary, certifying receipt of the request for additional portions of the transcript : (a) where he or she believes that further portions of the transcript of the proceedings are necessary to enable the issues on appeal to be determined, and (b) within 15 days after receipt, or within such longer time as the Court may allow. (10) A party to an appeal may at any time apply to the Court for an order (a) excising portions of the transcript of the proceedings that have been requested or prepared and that are unnecessary or inappropriate for the determination of the issues on an appeal; and (b) adding such further portions of the transcript of the proceedings as may be determined to be necessary for the determination of the issues on an appeal. (11) The Court may at any time of its own motion order that the transcript of the proceedings be abridged or amplified. (12) The parties to an appeal may agree, in writing to be filed in the Court, (a) to substitute an agreed statement of facts in place of all or any portion of the transcript of the proceedings and the exhibits; and (b) to submit a joint request for transcript in Form 82C and certificate of court reporter in Form 82E , with such modifications as may be required. (13) A judge may order that a party need not file a transcript or may omit anything from a transcript. (14) When the transcript of the proceedings has been prepared, the Chief Court Reporter, a court reporter or a court transcriber shall forthwith forward to the Registrar the original transcript and three copies, together with one copy in an electronic format satisfactory to the Registrar. (15) The Registrar shall, on receipt of the original transcript and copies, notify the parties that the transcript has been received by the Court and deliver copies to the parties or their counsel upon payment of any prescribed fees. In a prisoner appeal, the Attorney General shall be responsible for the payment and delivery of the transcript to the appellant.
Prince Edward Island – Criminal Appeal Rules of Court — 82.10
82.10 (1) Subject to subsections (2) to (6), all documents, exhibits and things connected with a trial shall be retained by the trial judge or by the clerk of the trial court for ninety (90) days after sentence or acquittal, as the case may be. (2) At any time after a trial, the trial judge or another judge may make such order as to the custody or conditional release of any document, exhibit or thing as the special circumstances of the case may require. (3) Upon the filing of written consents by the accused or his or her counsel, and by the Attorney General or his or her counsel, the trial judge or the clerk of the trial court shall deliver any document, exhibit or thing in accordance with such consents. (4) Upon receipt of a copy of a notice of appeal, the trial judge or the clerk of the trial court shall forward to the registrar all documents, exhibits and things connected with the proceedings at the trial, other than such as may already have been released pursuant to subsections (2) and (3). (5) Upon the expiry of the period referred to in subsection (1) and if no appeal is filed or, when an appeal is abandoned, the registrar shall return the exhibits to the clerk of the trial court. (6) Nothing in this rule affects the provisions of any Act relating to exhibits or things seized or forfeited.
Prince Edward Island – Criminal Appeal Rules of Court — 82.11
82.11 (1) Subject to subsection (3), the appellant shall prepare an appeal book which shall contain, where applicable, in the following order: (a) an index; (b) a copy of the notice of appeal and notice of cross-appeal; (c) a copy of any order respecting the conduct of the appeal; (d) a copy of the information or indictment; (e) a copy of any decision or order of the trial court that is the subject of the appeal or related to it and which is not included in the transcript; (f) a copy of any agreed statement of facts entered at the trial or agreed to under this Rule; (g) any agreement to limit the contents of the transcript or the appeal book; (h) a list of all exhibits; (i) a copy of each documentary exhibit or electronic information entered into evidence, indexed and numbered as at the trial, including affidavits and written admissions; and (j) any other item that was before the trial court which the appellant deems necessary for the appeal. (2) In the case of an appeal against sentence, in addition to the items mentioned in subsection (1) there shall be filed (a) a copy of any pre-sentence report and victim impact statement; (b) a copy of any restitution, probation or conditional sentence order or any other order that is the subject of the appeal; (c) a copy of the offender’s criminal record if one is entered at the trial; (d) any medical or psychiatric reports filed at the time of sentence; and (e) a copy of any exhibits entered at the sentencing and not at the trial. (3) Where the appeal is a prisoner appeal, the Attorney General shall, unless otherwise ordered by the Court, prepare the appeal book required under this section and shall forward a copy of it to the appellant free of charge. (4) The respondent may file an appeal book. (5) The parties to an appeal may agree in writing to omit from the appeal book anything the parties consider unnecessary to an appeal. (6) A judge may order that a party may omit anything from an appeal book. (7) The Registrar may refuse to accept an appeal book that does not comply with these Rules or that is not legible.
Prince Edward Island – Criminal Appeal Rules of Court — 82.12
82.12 (1) An appellant shall prepare an appellant’s factum unless (a) the appellant is not represented by counsel and has stated in the notice of appeal that he or she desires to present oral argument only; or (b) the Court orders otherwise. (2) The appellant’s factum shall be signed by the appellant, the appellant’s counsel, or on counsel’s behalf by someone he or she has specifically authorized, and shall consist of (a) Part I, containing a concise summary of the facts relevant to the issues in the appeal, including identification of the trial court and the result in the trial court, with reference to the evidence by page and line of the transcription; (b) Part II, containing a concise statement setting out clearly and particularly the points in issue in the appeal; (c) Part III, containing a concise statement of the argument, law and authorities relied on; (d) Part IV, containing a statement of the order that the Court will be asked to make; and (e) Schedule A, containing a list of the authorities relied on; and (f) Schedule B, containing (i) an index, (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues in the appeal, of the authorities relied on, and (iii) all relevant provisions of statutes, regulations and by-laws, with each authority.