GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Extradition Act — E-23.01 82
Order of detention for temporary surrender 82 (1) Subject to subsection (2), a judge shall, on application of the competent authority made at any time before the temporary surrender, order the detention in custody of a person who is serving a term of imprisonment or has otherwise lawfully been deprived of their liberty in a requested State or entity and whose temporary surrender Canada has requested for the purpose of prosecution or appeal. Time limit (2) The order must contain a provision that the person will not be detained in custody after (a) a date specified in the order; (b) in the case of surrender for a trial, 45 days after the completion of the trial; or (c) in the case of surrender for an appeal, 30 days after the completion of the proceedings for which the presence of the person was required. Order of detention to prevail (3) An order made under subsection (1) prevails over an order made by a Canadian court, a judge of a Canadian court, a Canadian justice of the peace or any other person who has power in Canada to compel the appearance of a person, in respect of anything that occurred before the person is transferred to Canada. Variation of detention order (4) The judge who made the detention order or another judge may vary its terms and conditions and, in particular, may extend the duration of the detention. Return (5) Subject to subsection (6), the person shall be returned to the requested State or entity on completion of the proceedings in Canada for which the person was temporarily surrendered or on the expiry of the period set out in the order, whichever is sooner. Return if right of appeal (6) The person shall not be returned to the requested State or entity (a) if the person has been convicted in Canada, before 30 days after the conviction, unless the person or the competent authority declares that there will be no appeal; and (b) if the person has been acquitted, before 30 days after the acquittal, unless the competent authority declares that there will be no appeal. Return for appeal (7) The court of appeal may, on application, recommend that the Minister request another temporary surrender of a person who has been returned to the requested State or entity after trial, if the court of appeal is satisfied that the interests of justice require their presence for the appeal.
Extradition Act — E-23.01 83
Commencement of sentence 83 (1) Subject to subsection (3), the sentence or disposition of a person who has been temporarily surrendered and who has been convicted and sentenced, or found guilty and sentenced, in Canada, or in respect of whom a disposition has been made under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, does not commence until their final extradition to Canada. Warrant of committal (2) The warrant of committal issued under the Criminal Code in respect of the person must state that the person is to be committed to custody to serve the sentence or disposition immediately on their final extradition to Canada. If concurrent sentences ordered (3) The sentencing judge may order that the person’s sentence, or the disposition under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, be executed concurrently with the sentence they are serving in the requested State or entity, in which case the warrant of committal or order of disposition shall state that the person is to be committed to custody under subsection (2) only for any portion of the sentence or disposition remaining at the time of their final extradition to Canada. 1999, c. 18, s. 83; 2002, c. 1, s. 194
Extradition Act — E-23.01 84
Cases pending — former Extradition Act 84 The Extradition Act repealed by section 129 of this Act applies to a matter respecting the extradition of a person as though it had not been repealed, if the hearing in respect of the extradition had already begun on the day on which this Act comes into force.
Extradition Act — E-23.01 85
Cases pending — Fugitive Offenders Act 85 The Fugitive Offenders Act repealed by section 130 of this Act applies to a matter respecting the return under that Act of a person as though it had not been repealed, if the hearing before the provincial court judge in respect of the return had already begun on the day on which this Act comes into force.
Extradition Act — E-23.01
The International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations
Extradition Act — E-23.01
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law Committed in the Territory of the Former Yugoslavia since 1991, established by Resolution 827 (1993) of the Security Council of the United Nations
Extradition Act — E-23.01
United Kingdom of Great Britain and Northern Ireland
Electoral Boundaries Readjustment Suspension Act, 1994 — E-3.1
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Electoral Boundaries Readjustment Suspension Act, 1994 — E-3.1 1
Short title 1 This Act may be cited as the Electoral Boundaries Readjustment Suspension Act, 1994 .
Electoral Boundaries Readjustment Suspension Act, 1994 — E-3.1 2
Suspension of electoral boundaries readjustment 2 (1) The operation of subsection 20(2) and sections 21 to 28 of the Electoral Boundaries Readjustment Act is suspended until such time as Parliament makes other provision in respect of those sections. Expiration of suspension (2) If no other provision is made in respect of subsection 20(2) and sections 21 to 28 of the Electoral Boundaries Readjustment Act before June 22, 1995, that subsection and those sections cease to be suspended and are in force subject to this Act.
Electoral Boundaries Readjustment Suspension Act, 1994 — E-3.1 Suspension of existing commissions
Suspension of existing commissions * 3 An electoral boundaries commission established pursuant to section 3 of the Electoral Boundaries Readjustment Act following the decennial census of Canada in 1991 is temporarily discharged of its duties from the day on which it transmits its completed report to the Chief Electoral Officer as required under subsection 20(l) of the Electoral Boundaries Readjustment Act, or the day on which this Act comes into force, whichever is the later, until the day on which subsection 20(2) and sections 21 to 28 of the Electoral Boundaries Readjustment Act cease to be suspended by virtue of subsection 2(2) of this Act. * [Note: Act in force on assent June 15, 1994.]
Electoral Boundaries Readjustment Suspension Act, 1994 — E-3.1 4
Parliamentary consideration of reports and preparation of draft representation order 4 In the event that subsection 20(2) and sections 21 to 28 of the Electoral Boundaries Readjustment Act cease to be suspended by virtue of subsection 2(2) of this Act, sections 21 to 24 of that Act apply, with such modifications as the circumstances require, in respect of the reports of the electoral boundaries commissions.
Electoral Boundaries Readjustment Suspension Act, 1994 — E-3.1 5
Repeal 5 The Electoral Boundaries Readjustment Suspension Act , chapter 25 of the Statutes of Canada, 1992, is repealed.
Electoral Boundaries Readjustment Act — E-3 1
Short title 1 This Act may be cited as the Electoral Boundaries Readjustment Act . R.S., c. E-2, s. 1
Electoral Boundaries Readjustment Act — E-3 2
Definitions 2 (1) In this Act, Chief Electoral Officer means the Chief Electoral Officer under the Canada Elections Act ; ( directeur général des élections ) Chief Statistician means the Chief Statistician of Canada appointed under the Statistics Act ; ( statisticien en chef ) commission , with respect to any decennial census, means the electoral boundaries commission for that census established for a province pursuant to section 3; ( commission ) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre ) report means the report prepared by a commission under section 20; ( rapport ) Speaker means the Speaker of the House of Commons. ( Version anglaise seulement ) Reference to a province or provinces (2) In this Act, a reference to a province or to provinces does not include Yukon, the Northwest Territories or Nunavut. R.S., 1985, c. E-3, s. 2; R.S., 1985, c. 6 (2nd Supp.), s. 1; 1993, c. 28, s. 78; 1998, c. 15, s. 25; 2015, c. 3, s. 78(E) 2018, c. 31, s. 392
Electoral Boundaries Readjustment Act — E-3
Chief Electoral Officer means the Chief Electoral Officer under the Canada Elections Act ; ( directeur général des élections )
Electoral Boundaries Readjustment Act — E-3
Chief Statistician means the Chief Statistician of Canada appointed under the Statistics Act ; ( statisticien en chef )
Electoral Boundaries Readjustment Act — E-3
commission , with respect to any decennial census, means the electoral boundaries commission for that census established for a province pursuant to section 3; ( commission )
Electoral Boundaries Readjustment Act — E-3
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
Electoral Boundaries Readjustment Act — E-3
report means the report prepared by a commission under section 20; ( rapport )
Electoral Boundaries Readjustment Act — E-3
Speaker means the Speaker of the House of Commons. ( Version anglaise seulement )
Electoral Boundaries Readjustment Act — E-3 3
Commissions to be established 3 (1) For each decennial census, the Governor in Council shall establish by proclamation, published in the Canada Gazette , an electoral boundaries commission for each province before the earlier of (a) the expiry of a period of 60 days after the day on which the Minister receives a return certified by the Chief Statistician under subsection 13(1), and (b) the expiry of a period of six months after the first day of the month that is fixed by the Governor in Council under subsection 19(1) of the Statistics Act as the month in which the census is to be taken. Duties of the commissions (2) The ten commissions established pursuant to subsection (1) shall consider and report on the readjustment of the representation of the provinces in the House of Commons required to be made on the completion of each decennial census. R.S., 1985, c. E-3, s. 3; 2001, c. 21, s. 27; 2011, c. 26, s. 3
Electoral Boundaries Readjustment Act — E-3 4
Constitution of commission 4 Each commission for a province shall consist of three members, namely, a chairperson and two other members appointed as provided in sections 5 and 6. R.S., 1985, c. E-3, s. 4; 2015, c. 3, s. 80(E)
Electoral Boundaries Readjustment Act — E-3 5
Appointment of chairperson 5 (1) The chairperson of the commission for a province shall be appointed by the chief justice of that province from among the judges of the court over which the chief justice presides or, after consultation with the chief justice of any other branch or division of that court or any other superior court in that province, from among the judges of that branch, division or superior court. Idem (2) In the event that no judge referred to in subsection (1) is able or free to act as chairperson or where, for any other reason, no appointment is made under subsection (1) within the time provided therefor by this Act, the Chief Justice of Canada or, in the event of the absence or incapacity of the Chief Justice of Canada, the senior puisne judge of the Supreme Court of Canada shall make the appointment from among such persons resident in that province as he deems suitable. References (3) A reference in subsection (1) to the chief justice of a province includes a reference to the acting chief justice of the province or any person performing for the time being the duties of the chief justice of the province. (4) and (5) [Repealed, 1998, c. 15, s. 25] R.S., 1985, c. E-3, s. 5; 1993, c. 28, s. 78; 1998, c. 15, s. 25; 2015, c. 3, s. 80(E)
Electoral Boundaries Readjustment Act — E-3 6
Appointment of other members 6 (1) The other two members of the commission for a province shall be appointed by the Speaker from among such persons resident in that province as the Speaker deems suitable. Reference to Speaker (2) A reference in subsection (1) to the Speaker of the House of Commons includes a reference to any person performing for the time being the duties of the Speaker. R.S., c. E-2, s. 6; 1974-75-76, c. 28, s. 6; 1978-79, c. 13, s. 20
Electoral Boundaries Readjustment Act — E-3 7
Notice of appointment to be given 7 On the making of any appointment under sections 5 and 6, the person making the appointment shall forthwith notify the Minister of the appointment. R.S., c. E-2, s. 6; 1974-75-76, c. 28, s. 6; 1978-79, c. 13, s. 26
Electoral Boundaries Readjustment Act — E-3 8
Proclamation to name members 8 The proclamation establishing a commission shall name each of the members appointed to it. R.S., c. E-2, s. 7
Electoral Boundaries Readjustment Act — E-3 9
Deputy chairperson 9 (1) A commission may appoint one of its members as deputy chairperson, who shall, in the event of the absence or incapacity of the chairperson or if the office of chairperson is vacant, act as chairperson. Quorum and deciding vote (2) At all meetings of a commission, two members of the commission constitute a quorum and, where at any meeting of a commission there is an equality of votes, the chairperson or person acting as chairperson has a deciding vote. Vacancy in membership (3) A vacancy in the membership of a commission or in the office of chairperson does not impair the right of the remaining members to act, but where any such vacancy occurs it shall be filled within thirty days by appointment in the manner provided in sections 5 and 6, and the person making the appointment shall thereupon give notice of the appointment to the Minister who shall forthwith cause the appointment to be published in the Canada Gazette . R.S., 1985, c. E-3, s. 9; 2015, c. 3, s. 80(E)
Electoral Boundaries Readjustment Act — E-3 10
Eligibility of members 10 No person is eligible to be a member of a commission while that person is a member of the Senate or House of Commons or is a member of a legislative assembly or legislative council of a province. R.S., c. E-2, s. 8
Electoral Boundaries Readjustment Act — E-3 11
Remuneration 11 (1) Each of the members of a commission, other than a person in receipt of salary under the Judges Act , is entitled to be paid such daily allowance as may be fixed by the Governor in Council. Expenses (2) Each of the members of a commission is entitled to be paid reasonable travel and living expenses incurred by the member while absent from his ordinary place of residence in the course of his duties as a member of the commission. R.S., c. E-2, s. 9; 1978-79, c. 13, s. 22
Electoral Boundaries Readjustment Act — E-3 12
Not agent of Her Majesty 12 A commission is not an agent of Her Majesty and the members of a commission as such are not part of the federal public administration. R.S., 1985, c. E-3, s. 12; 2003, c. 22, s. 224(E)
Electoral Boundaries Readjustment Act — E-3 12.1
Population estimates 12.1 The Chief Statistician shall prepare the estimates of the population of Canada and of each province required by subsection 51(1.1) of the Constitution Act, 1867 and send them, without delay, to the Minister and to the Chief Electoral Officer along with the estimates of the population of each province that were prepared for the purpose of the readjustment following the completion of the preceding decennial census. 2011, c. 26, s. 4
Electoral Boundaries Readjustment Act — E-3 13
Return of Chief Statistician 13 (1) As soon as possible after the completion of any decennial census, the Chief Statistician shall prepare and send to the Minister and to the Chief Electoral Officer a return certified by the Chief Statistician showing the population of Canada and of each of the provinces and the population of Canada by electoral districts and by dissemination areas as ascertained by that census. Copy of return sent to Chairperson and maps prepared (2) The Chief Electoral Officer shall (a) forthwith after the establishment, pursuant to section 3, of the commissions for the decennial census referred to in subsection (1), send a copy of the return referred to in that subsection to the chairperson of each of the commissions; and (b) prepare maps showing the distribution of population in each province and thereupon supply such maps to the appropriate electoral boundaries commission. Duty to assist (3) The Chief Statistician and the Department of Natural Resources shall make available their services and facilities, and render all other assistance that may be necessary, to the Chief Electoral Officer in order to enable the Chief Electoral Officer to discharge his or her duties under paragraph (2)(b). R.S., 1985, c. E-3, s. 13; 1994, c. 41, s. 38; 2011, c. 26, s. 5; 2015, c. 3, ss. 79, 80(E)
Electoral Boundaries Readjustment Act — E-3 14
Calculation of members 14 (1) On receipt of the estimates referred to in section 12.1, the Chief Electoral Officer shall calculate the number of members of the House of Commons to be assigned to each province, subject and according to the provisions of section 51 of the Constitution Act, 1867 and the rules in that section, and on the completion of that calculation shall cause a statement to be published in the Canada Gazette setting out the results. Preparation of report (2) After publication of the statement referred to in subsection (1), each commission for a province shall, in accordance with the calculation of the Chief Electoral Officer under subsection (1), prepare, with all reasonable dispatch, a report setting out its recommendations and the reasons therefor concerning the division of that province into electoral districts, the description of the boundaries of each district and the representation and name to be given thereto. R.S., 1985, c. E-3, s. 14; 2011, c. 26, s. 6
Electoral Boundaries Readjustment Act — E-3 15
Rules 15 (1) In preparing its report, each commission for a province shall, subject to subsection (2), be governed by the following rules: (a) the division of the province into electoral districts and the description of the boundaries thereof shall proceed on the basis that the population of each electoral district in the province as a result thereof shall, as close as reasonably possible, correspond to the electoral quota for the province, that is to say, the quotient obtained by dividing the population of the province as ascertained by the census by the number of members of the House of Commons to be assigned to the province as calculated by the Chief Electoral Officer under subsection 14(1); and (b) the commission shall consider the following in determining reasonable electoral district boundaries: (i) the community of interest or community of identity in or the historical pattern of an electoral district in the province, and (ii) a manageable geographic size for districts in sparsely populated, rural or northern regions of the province. Departure from rules (2) The commission may depart from the application of the rule set out in paragraph (1)(a) in any case where the commission considers it necessary or desirable to depart therefrom (a) in order to respect the community of interest or community of identity in or the historical pattern of an electoral district in the province, or (b) in order to maintain a manageable geographic size for districts in sparsely populated, rural or northern regions of the province, but, in departing from the application of the rule set out in paragraph (1)(a), the commission shall make every effort to ensure that, except in circumstances viewed by the commission as being extraordinary, the population of each electoral district in the province remains within twenty-five per cent more or twenty-five per cent less of the electoral quota for the province. (3) [Repealed, 1998, c. 15, s. 25] R.S., 1985, c. E-3, s. 15; R.S., 1985, c. 6 (2nd Supp.), s. 2, c. 1 (4th Supp.), s. 45(F); 1993, c. 28, s. 78; 1998, c. 15, s. 25
Electoral Boundaries Readjustment Act — E-3 16
Powers of commission 16 (1) In the performance of its duties under this Act, a commission has all of the powers of a person appointed as a commissioner under Part I of the Inquiries Act . Staff (2) A commission may employ such technical advisers and other staff, including a person to provide administrative and secretarial services to the commission, as it deems necessary and, subject to the approval of the Treasury Board, may fix the salaries and expenses of such persons and prescribe the conditions of their employment. R.S., 1985, c. E-3, s. 16; R.S., 1985, c. 1 (4th Supp.), s. 22
Electoral Boundaries Readjustment Act — E-3 17
Duty to assist 17 The Chief Statistician and the Department of Natural Resources shall make available their services and facilities, and render all other assistance that may be necessary, to a commission in order to enable the commission to discharge its duties under this Act. R.S., 1985, c. E-3, s. 17; 1994, c. 41, s. 38; 2011, c. 26, s. 7
Electoral Boundaries Readjustment Act — E-3 18
Rules of procedure 18 A commission may make rules for regulating its proceedings and for the conduct of its business, and may provide therein for the conduct of any inquiry or hearing by one or more of its members. R.S., c. E-2, s. 16