GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Human Pathogens and Toxins Act — H-5.67 52.1
e contravention of subsection 18(2.1), (6) or (6.1), (iii) the contravention of subsection 18(7) in relation to any licence conditions that are in respect of notification and the provision of information, (iv) the contravention of section 30, 31 or 32, (v) the contravention of the requirement in subsection 36(1) to designate an individual who holds the qualifications set out in regulations, as a biological safety officer, (vi) the contravention of subsection 36(3) in relation to any powers, duties and functions that are in respect of notification and the provision of information, (vii) the contravention of subsection 36(5) or 36.1(4), (viii) the contravention of subsection 38(3), (ix) the contravention of subsection 40.2(2), 41(3.1) or (5) or 44(2), (x) the contravention of a provision of a regulation made under paragraph 66(1)(k), and (xi) non-compliance with any other requirements that are in respect of notification and the provision of information that are prescribed by regulation; (b) respecting the classification of each violation; (c) respecting the information referred to in subsection (4); (d) respecting the proceedings in respect of a violation; and (e) respecting the penalties, including in relation to (i) the determination of, or the method of determining the penalty applicable for each violation, and (ii) the payment of the penalty imposed. Right to request review (13) Any regulation made under any of paragraphs (12)(a) to (e) must provide that a person named in the notice of violation has the right to request a review of the decision that the person has committed a violation or of the penalty imposed, or both.
Human Pathogens and Toxins Act — H-5.67 52.2
Payment 52.2 (1) If the person named in the notice of violation pays, in the time and manner specified in the notice, the amount of the penalty set out in the notice, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister must accept that amount as complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. Alternatives (2) Instead of paying the amount of the penalty set out in the notice, the person may, in the time and manner specified in the notice, (a) if the amount of the penalty set out in the notice is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates; or (b) request a review by the Minister, in accordance with the regulations, of the decision that the person has committed a violation or of the penalty imposed, or both.
Human Pathogens and Toxins Act — H-5.67 52.3
Entering into compliance agreements 52.3 (1) After considering a request by a person named in the notice of violation, the Minister may enter into a compliance agreement with that person on any terms and conditions that are satisfactory to the Minister. The terms and conditions may (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into. Notice of compliance (3) A notice from the Minister that they are satisfied that a person who has entered into a compliance agreement has complied with it ends the proceedings commenced in respect of the violation. Any security given by the person under the compliance agreement must then be returned to the person. Notice of default (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister must cause a notice of default to be provided to the person informing them that (a) instead of being liable to pay the amount of the penalty set out in the compliance agreement, the person is liable to pay, in the time and manner specified in the notice of default, an amount that is twice the amount of the penalty set out in the notice of violation, and for greater certainty, subsection 52.1(1) does not apply in respect of that amount; or (b) the security is forfeited to His Majesty in right of Canada. Effect of notice of default (5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and (a) the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of default; or (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended. Effect of payment (6) If the person pays the amount set out in the notice of default in the time and manner specified in the notice of default, the Minister must accept the amount as complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.
Human Pathogens and Toxins Act — H-5.67 52.4
Refusal to enter into compliance agreement 52.4 (1) If the Minister refuses to enter into a compliance agreement is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty set out in the notice of violation. Effect of payment (2) If a person pays the amount set out in the notice of violation in the specified time and manner, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. Default of payment (3) If a person does not pay the amount set out in the notice of violation in the specified time and manner, they are deemed to have committed the violation identified in the notice of violation.
Human Pathogens and Toxins Act — H-5.67 52.5
Due diligence 52.5 (1) A person must not be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission. Non-application (2) Despite subsection (1), a person to whom the Minister causes a notice of default to be provided under subsection 52.3(4) does not have a defence by reason that the person exercised due diligence to comply with the compliance agreement. Common law principles (3) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act or the regulations applies in respect of a violation to the extent that it is not inconsistent with this Act and the regulations.
Human Pathogens and Toxins Act — H-5.67 433
433 The Act is amended by adding the following after section 55: Communicating sensitive information 56 Every person who knowingly and without lawful authority communicates sensitive information as prescribed by regulation to a foreign entity or terrorist group is guilty of an indictable offence and liable to imprisonment for life.
Human Pathogens and Toxins Act — H-5.67 56
Communicating sensitive information 56 Every person who knowingly and without lawful authority communicates sensitive information as prescribed by regulation to a foreign entity or terrorist group is guilty of an indictable offence and liable to imprisonment for life.
Human Pathogens and Toxins Act — H-5.67 436
436 (3) Section 59 of the Act is amended by adding the following after paragraph (b): (c) section 56;
Human Pathogens and Toxins Act — H-5.67 441
441 (2) Section 65 of the Act is amended by striking out “and” at the end of paragraph (b) and adding the following after paragraph (c): (d) any administrative monetary penalty required to be paid under this Act; (e) any amount that is required to be paid under a compliance agreement entered into under subsection 52.3(1); (f) any amount set out in a notice referred to in paragraph 52.3(4)(a); and (g) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (d), (e) or (f).
Human Pathogens and Toxins Act — H-5.67 442
442 (4) Subsection 66(1) of the Act is amended by adding the following after paragraph (e): (e.1) respecting incidents referred to in section 14.1; (6) Paragraph 66(1)(f) of the Act is replaced by the following: (f) specifying the human pathogen and toxins for the purposes of subparagraphs 7(2)(c)(i) and (iii) and (d)(i) and (iii), section 14.1, subsections 18(2.1) and (6.1) and sections 33 and 33.1; (7) The portion of paragraph 66(1)(g) of the Act before subparagraph (i) is replaced by the following: (g) respecting security clearances for the purposes of section 33 and regulations made under paragraph (g.1), including (8) Subsection 66(1) of the Act is amended by adding the following after paragraph (g): (g.1) respecting, for the purposes of section 33.1, the conditions to be met, which could include requirements for a security clearance, to (i) enter a facility in which controlled activities are authorized in relation to human pathogens or toxins that are referred to in paragraph 33.1(1)(a), (ii) remotely access a facility by a means of telecommunication, or (iii) access sensitive information referred to in paragraph 33.1(1)(c); (g.2) respecting the management of any sensitive information; (9) Paragraph 66(1)(h) of the Act is repealed. (12) Subsection 66(1) of the Act is amended by adding the following after paragraph (i.1): (i.2) respecting sensitive information for the purpose of section 56; (14) Subsection 66(1) of the Act is amended by adding the following after paragraph (l): (l.1) respecting information that is to be provided to the Minister under subsection 18(2.1) or (6.1);
Department of Employment and Social Development Act — H-5.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Department of Employment and Social Development Act — H-5.7 1
Short title 1 This Act may be cited as the Department of Employment and Social Development Act . 2005, c. 34, s. 1; 2013, c. 40, s. 205
Department of Employment and Social Development Act — H-5.7 2
Definitions 2 The following definitions apply in this Act. Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. ( Conseil d’appel ) Commission means the Canada Employment Insurance Commission continued by section 20 . ( Commission ) Minister means the Minister of Employment and Social Development. ( ministre ) partner entity means (a) a department or any other body, other than a parent Crown corporation, referred to in a schedule to the Financial Administration Act ; (b) a parent Crown corporation and any wholly-owned subsidiary , as those terms are defined in section 83 of the Financial Administration Act ; (c) the government of a province, a public body created under the law of a province, or a municipality; (d) a council, government or other entity authorized to act on behalf of either a band , as defined in subsection 2(1) of the Indian Act , or a First Nation, Aboriginal people or Aboriginal organization that is a party to a land claim agreement or any other treaty, self-government agreement or settlement agreement; and (e) a non-profit corporation or public body performing a function for an entity referred to in any of paragraphs (a) to (d). ( entité partenaire ) Tribunal means the Social Security Tribunal established under section 44 . ( Tribunal ) 2005, c. 34, s. 2; 2012, c. 19, s. 223; 2013, c. 40, s. 206; 2018, c. 12, s. 268 2023, c. 26, s. 631
Department of Employment and Social Development Act — H-5.7
Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. ( Conseil d’appel )
Department of Employment and Social Development Act — H-5.7
Commission means the Canada Employment Insurance Commission continued by section 20 . ( Commission )
Department of Employment and Social Development Act — H-5.7
Minister means the Minister of Employment and Social Development. ( ministre )
Department of Employment and Social Development Act — H-5.7 (a)
partner entity means (a) a department or any other body, other than a parent Crown corporation, referred to in a schedule to the Financial Administration Act ; (b) a parent Crown corporation and any wholly-owned subsidiary , as those terms are defined in section 83 of the Financial Administration Act ; (c) the government of a province, a public body created under the law of a province, or a municipality; (d) a council, government or other entity authorized to act on behalf of either a band , as defined in subsection 2(1) of the Indian Act , or a First Nation, Aboriginal people or Aboriginal organization that is a party to a land claim agreement or any other treaty, self-government agreement or settlement agreement; and (e) a non-profit corporation or public body performing a function for an entity referred to in any of paragraphs (a) to (d). ( entité partenaire )
Department of Employment and Social Development Act — H-5.7
Tribunal means the Social Security Tribunal established under section 44 . ( Tribunal )
Department of Employment and Social Development Act — H-5.7 3
Department continued 3 (1) The Department of Human Resources and Skills Development is continued under the name of the Department of Employment and Social Development over which the Minister of Employment and Social Development, appointed by commission under the Great Seal, shall preside. Employment and Social Development Canada (2) The expressions “Employment and Social Development Canada” and “Emploi et Développement social Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deemed to be references to the “Department of Employment and Social Development” and the “ministère de l’Emploi et du Développement social”, respectively. Minister (3) The Minister holds office during pleasure and has the management and direction of the Department. 2005, c. 34, s. 3; 2013, c. 40, s. 208
Department of Employment and Social Development Act — H-5.7 4
Deputy Minister 4 (1) The Governor in Council may appoint an officer called the Deputy Minister of Employment and Social Development to hold office during pleasure and to be the deputy head of the Department. Associate Deputy Ministers (2) The Governor in Council may appoint one or more Associate Deputy Ministers of Employment and Social Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Employment and Social Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify. Deputy Minister of Labour (3) The Governor in Council may designate the Deputy Minister of Employment and Social Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour. 2005, c. 34, s. 4; 2013, c. 40, s. 209
Department of Employment and Social Development Act — H-5.7 5
Powers, duties and functions 5 (1) The Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada. Exercise of powers (2) The Minister shall exercise the powers and perform the duties and functions (a) relating to human resources and skills development with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market; and (b) relating to social development with a view to promoting social well-being and income security. 2005, c. 34, s. 5; 2012, c. 19, s. 687
Department of Employment and Social Development Act — H-5.7 5.1
Service delivery to public 5.1 (1) The Minister may provide support for service delivery to the public and, in so doing, he or she may (a) provide the following services and facilities to any partner entity and perform activities related to those services and facilities: (i) services and facilities in support of its delivery of its programs and services, and (ii) any other service or facility that is authorized by the Governor in Council; (b) provide the following services to any department or body listed in Schedule I, I.1 or II to the Financial Administration Act and to any other partner entity authorized by the Governor in Council and perform activities related to those services: (i) the administration of websites that are accessible to the public, (ii) the administration of social media accounts, (iii) the publication of mobile applications on third-party mobile application stores and on the Government of Canada website, (iv) online citizen engagement, and (v) any other related electronic or digital service; (c) administer the Government of Canada website; and (d) provide information services relating to programs and services of the Government of Canada and of any other person, organization or government authorized by the Governor in Council. Authorization — Governor in Council (2) The Minister may provide any service or facility that is described in subsection (1), other than the services described in paragraph (1)(c) or (d), and that is authorized by the Governor in Council to any other person, organization or government that the Governor in Council authorizes. Exercise of powers (3) The Minister shall, in supporting service delivery to the public, do so with a view to better serving the needs of Canadians. 2018, c. 12, s. 269
Department of Employment and Social Development Act — H-5.7 5.2
Fees — services and facilities 5.2 (1) The Minister may charge for any service or facility provided under subsection 5.1(1), except the services provided under paragraph 5.1(1)(c) or (d). Spending authority (2) The Minister may spend revenues obtained under subsection (1). 2018, c. 12, s. 269
Department of Employment and Social Development Act — H-5.7 6
Powers 6 In exercising the powers and performing the duties and functions assigned to the Minister under this or any other Act, the Minister may (a) subject to the Statistics Act , collect, analyze, interpret, publish and distribute information relating to human resources and skills development, social development or service delivery to the public; and (b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development, social development, or service delivery to the public. 2005, c. 34, s. 6; 2012, c. 19, s. 687; 2018, c. 12, s. 271
Department of Employment and Social Development Act — H-5.7 7
Programs 7 The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, to the social development of Canada or to service delivery to the public, and the Minister may make grants and contributions in support of the programs. 2005, c. 34, s. 7; 2012, c. 19, s. 687; 2018, c. 12, s. 272
Department of Employment and Social Development Act — H-5.7 8
Business numbers — Minister 8 The Minister may collect any business number , as defined in subsection 248(1) of the Income Tax Act , and use it as an identifier for the purposes of the administration or enforcement any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister. 2005, c. 34, s. 8; 2012, c. 19, s. 687; 2018, c. 12, s. 272
Department of Employment and Social Development Act — H-5.7 8.1
Social Insurance Numbers 8.1 The Minister may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister. 2023, c. 26, s. 281
Department of Employment and Social Development Act — H-5.7 9
Committees 9 (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation. Remuneration (2) Members of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council. Travel, living and other expenses (3) Members of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.
Department of Employment and Social Development Act — H-5.7 10
Agreements 10 For the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by this Act, the Minister may enter into agreements with a province or a provincial public body, financial institutions and other persons or bodies that the Minister considers appropriate.
Department of Employment and Social Development Act — H-5.7 11
Delegation 11 The Minister may authorize the Minister of Labour, the Commission 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.
Department of Employment and Social Development Act — H-5.7 12
Oaths and affidavits 12 A person or member of a class of persons employed by the Department and authorized by the Deputy Minister and any other person or member of a class of persons authorized by the Minister may, in the course of their duties, administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the performance of their duties, and every person so authorized has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.
Department of Employment and Social Development Act — H-5.7 13
Fees for services and use of facilities 13 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility. Amount not to exceed cost (2) Fees that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Department of Employment and Social Development Act — H-5.7 14
Fees for products, rights and privileges 14 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for products, rights and privileges provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.