GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act — S-8.36 12
Judicial notice — Treaty and Tax Treatment Agreement 12 (1) Judicial notice must be taken of the Treaty and the Tax Treatment Agreement. Publication (2) The Treaty and the Tax Treatment Agreement must be published by the King’s Printer. Evidence (3) A copy of the Treaty or the Tax Treatment Agreement published by the King’s Printer is evidence of that Treaty or that Agreement, and of its contents, and a copy purporting to be published by the King’s Printer is presumed to be so published unless the contrary is shown.
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act — S-8.36 13
Judicial notice — Whitecap Dakota law 13 (1) Judicial notice must be taken of any Whitecap Dakota law that is registered in the public registry referred to in 5.12 of the Treaty. Evidence (2) A copy of any Whitecap Dakota law purporting to be registered in the public registry referred to in 5.12 of the Treaty is evidence of that law and of its contents, unless the contrary is shown.
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act — S-8.36 14
Federal Courts Act 14 (1) A decision-making body established under a Whitecap Dakota law, including a Whitecap Dakota institution, is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act . Saskatchewan Court of King’s Bench (2) The Saskatchewan Court of King’s Bench has jurisdiction to (a) make orders and issue injunctions and declaratory relief against a decision-making body referred to in subsection (1); and (b) undertake judicial review of the decisions of that decision-making body, provided that all review mechanisms set out in Whitecap Dakota laws have been exhausted.
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act — S-8.36 15
Notice 15 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Treaty, of this Act or of any Whitecap Dakota law, then the issue must not be decided until the party raising the issue has served notice (a) on the Attorney General of Canada and the Whitecap Dakota Government, in the case of a provision of the Treaty or this Act; and (b) on the Whitecap Dakota Government, in the case of a provision of a Whitecap Dakota law. Content and timing (2) The notice must be served at least 14 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period, and must identify (a) the proceeding; (b) the subject matter of the issue; (c) the particulars that are necessary to show the point to be argued; and (d) the day on which the issue is to be argued. Participation (3) The recipient of a notice under subsection (1) may appear and participate in the proceeding as a party with the same rights as any other party. Clarification (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act — S-8.36 16
Retroactive effect 16 Despite subsection 4(1), Chapter 33 and Schedule B of the Treaty are deemed to have effect as of August 22, 2022.
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act — S-8.36 17
Orders and regulations 17 (1) The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Treaty, of the Tax Treatment Agreement or of any other agreements that are related to the implementation of the Treaty. First Nations Fiscal Management Act (2) For the purpose of enabling the Whitecap Dakota Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of that Act or of any regulation made under that Act; and (b) restricting the application of any provision of that Act or of any regulation made under that Act.
Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act — S-8.36 Order in council
Order in council * 25 This Act, other than section 16 , comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act, other than section 16, in force September 1, 2023, see SI/2023-55.]
Service Fees Act — S-8.4 1
Short title 1 This Act may be cited as the Service Fees Act .
Service Fees Act — S-8.4 2
Definitions 2 (1) The following definitions apply in this Act. federal entity means (a) a department named in Schedule I to the Financial Administration Act ; (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act; or (c) a corporation named in Schedule II to that Act. ( entité fédérale ) fee means an amount — called a fee, charge, levy or by any other name — that, in relation to a federal entity, is fixed by the Governor in Council, the Treasury Board, a minister or the federal entity under a power conferred by an Act of Parliament or a capacity to contract and is payable for (a) the provision of a service; (b) the provision of the use of a facility; (c) the conferral, by means of a licence, permit or other authorization, of a right or privilege; (d) the provision of a product; or (e) the provision of a regulatory process. ( frais ) fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. ( exercice ) responsible authority means, with respect to a fee fixed in relation to a federal entity, the appropriate Minister , as defined in section 2 of the Financial Administration Act , with respect to that entity or a person designated under subsection 2 (2). ( autorité compétente ) Designation of responsible authority (2) The appropriate Minister , as defined in section 2 of the Financial Administration Act , with respect to a federal entity may, in writing, designate the federal entity’s chief executive officer or deputy head, whatever their title, as the responsible authority with respect to any fees fixed in relation to that entity. Non-application of Act (3) This Act does not apply to a fee if (a) the fee is fixed under the Access to Information Act or the Privacy Act ; or (b) the fee is paid only by or on behalf of a minister or federal entity. 2017, c. 20, s. 451 “2” 2023, c. 26, s. 270
Service Fees Act — S-8.4 (a)
federal entity means (a) a department named in Schedule I to the Financial Administration Act ; (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act; or (c) a corporation named in Schedule II to that Act. ( entité fédérale )
Service Fees Act — S-8.4 (a)
fee means an amount — called a fee, charge, levy or by any other name — that, in relation to a federal entity, is fixed by the Governor in Council, the Treasury Board, a minister or the federal entity under a power conferred by an Act of Parliament or a capacity to contract and is payable for (a) the provision of a service; (b) the provision of the use of a facility; (c) the conferral, by means of a licence, permit or other authorization, of a right or privilege; (d) the provision of a product; or (e) the provision of a regulatory process. ( frais )
Service Fees Act — S-8.4
fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. ( exercice )
Service Fees Act — S-8.4
responsible authority means, with respect to a fee fixed in relation to a federal entity, the appropriate Minister , as defined in section 2 of the Financial Administration Act , with respect to that entity or a person designated under subsection 2 (2). ( autorité compétente )
Service Fees Act — S-8.4 3
Non-application — sections 4 to 7 3 Sections 4 to 7 do not apply to a fee if (a) the fee is fixed by contract; (b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or (c) the fee is referred to in paragraph (d) of the definition fee . 2017, c. 20, s. 451 “3” 2023, c. 26, s. 271
Service Fees Act — S-8.4 4
Obligation — responsible authority 4 The responsible authority with respect to a fee must ensure that a performance standard is established in respect of the fee, in accordance with Treasury Board policies or directives, if any.
Service Fees Act — S-8.4 5
Amendments 5 Before a performance standard established in respect of a fee that is fixed after this section comes into force is amended, the responsible authority with respect to the fee must consult any persons and organizations that the responsible authority considers to be interested in the matter.
Service Fees Act — S-8.4 6
Accessibility 6 The responsible authority with respect to a fee must ensure that the performance standard established in respect of the fee, or any amended standard, is accessible to the public.
Service Fees Act — S-8.4 7
Remissions 7 (1) If the responsible authority with respect to a fee considers that the performance standard in relation to the fee has not been met in a fiscal year, the responsible authority must remit, before July 1 of the following fiscal year, the portion of the fee that the responsible authority considers appropriate to any affected person who paid the fee. Policies or directives (2) The consideration of whether the performance standard in relation to a fee has not been met and what is the appropriate portion of a fee to be remitted, as well as the remission, must be made in accordance with Treasury Board policies or directives.
Service Fees Act — S-8.4 8
Statutory Instruments Act 8 A performance standard is not a statutory instrument for the purposes of the Statutory Instruments Act .
Service Fees Act — S-8.4 9
Non-application — sections 10 to 15 9 Sections 10 to 15 do not apply to a fee if (a) the fee is fixed by contract; (b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; (c) the fee is fixed by a regulation , as defined in subsection 2(1) of the Statutory Instruments Act , that is published in Part I of the Canada Gazette before it is made; or (d) an Act of Parliament other than this Act requires consultation before the fee is fixed. 2017, c. 20, s. 451 “9” 2023, c. 26, s. 272
Service Fees Act — S-8.4 10
Requirements 10 (1) The requirements of sections 11 to 15 are to be met before a fee is fixed. Non-application in case of adjustment (2) For greater certainty, those sections do not apply when a fee is adjusted annually by operation of section 17 or periodically by operation of an Act of Parliament other than this Act, or an instrument made under such an Act.
Service Fees Act — S-8.4 11
Fee proposal 11 The responsible authority with respect to a fee must develop a fee proposal that includes the following information: (a) the amount of the fee or the manner for determining its amount; (b) the circumstances in which the fee will be payable; (c) the rationale for the fee; (d) the factors taken into account in determining the amount of the fee or the manner for determining its amount; and (e) any performance standard that will apply in respect of the fee.
Service Fees Act — S-8.4 12
Consultation 12 The responsible authority must consult interested persons and organizations on the fee proposal by (a) making it accessible to the public; (b) inviting interested persons and organizations to make representations on it, specifying a deadline for making those representations, providing information on the requirement of paragraph (c) and specifying the time limit for submitting a complaint under subsection 13 (1); and (c) replying to any representations made by interested persons and organizations within 30 days after the deadline specified under paragraph (b).
Service Fees Act — S-8.4 13
Complaints 13 (1) An interested person or organization may, within 10 days after the time limit set out in paragraph 12 (c) expires, submit a complaint in writing to the responsible authority with respect to the responsible authority’s reply to their representations. Establishment of panel (2) The responsible authority must, within 30 days after the time limit set out in subsection (1) expires, establish a panel to review all complaints submitted under subsection (1). Composition of panel (3) The panel is to be composed of the following members: (a) one person selected by the responsible authority; (b) one person selected by all the interested persons and organizations that submitted complaints; and (c) one person selected by the persons selected under paragraphs (a) and (b). Selection by responsible authority (4) If a selection referred to in paragraph (3)(b) or (c) is not made within the time limit set out in subsection (2), the responsible authority must select a person to be a panel member as soon as feasible. Costs (5) The responsible authority is responsible for the costs of the panel, including the remuneration and expenses that are payable to the panel members. Report (6) The panel must issue a report on the complaints within 90 days after the day on which the panel is established. Any recommendations set out in the report are not binding on the responsible authority. Extension of time limit (7) The responsible authority may, at the request of the panel, extend the time limit set out in subsection (6) by a maximum of 30 days.
Service Fees Act — S-8.4 14
Tabling of materials in Parliament 14 The responsible authority must cause the following materials to be tabled in both Houses of Parliament: (a) the fee proposal; (b) a summary of the consultations on the fee proposal; and (c) if a review panel was established, its report and a summary of any actions taken by the responsible authority as a result of the report.
Service Fees Act — S-8.4 15
Parliamentary review 15 (1) The tabled materials stand permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to the activities of the federal entity in question. Report (2) The committee may review the materials and may submit to the Senate or the House of Commons, as the case may be, a report that contains its recommendations with respect to the fee proposal. Deemed report (3) If the committee does not submit a report that contains its recommendations within the first 20 sitting days after the day on which the materials are tabled, the committee is considered to have submitted a report to the Senate or the House of Commons, as the case may be, recommending the approval of the fee proposal.
Service Fees Act — S-8.4 16
Non-application — sections 17 and 18 16 (1) Sections 17 and 18 do not apply to a fee if the fee is fixed by contract. Approval by President of Treasury Board (2) Sections 17 and 18 do not apply to a fee if the President of the Treasury Board approves that those sections do not apply and (a) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; (b) the fee is fixed in a manner that takes inflation into account; or (c) the fee is adjusted periodically by operation of an Act of Parliament other than this Act or by operation of an instrument made under such an Act. 2017, c. 20, s. 451 “16” 2023, c. 26, s. 273
Service Fees Act — S-8.4 17
Consumer Price Index 17 (1) A fee is adjusted in each fiscal year — on the anniversary of a date that is selected by the responsible authority with respect to the fee before the first adjustment — by the percentage change over 12 months in the April All-items Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act , for the previous fiscal year. Exception (2) A fee is not adjusted by operation of subsection (1) in a fiscal year if (a) the fee is fixed in that fiscal year before the adjustment date; or (b) the percentage change described in subsection (1) for that fiscal year is less than 1%. Adjustment — subsequent fiscal year (3) If paragraph (2)(b) applies with respect to a fiscal year, the percentage change referred to in that paragraph is carried forward to the subsequent fiscal year. If the combined percentage change is less than 1%, the fee is not adjusted for that subsequent fiscal year and the combined percentage change is carried forward to the next subsequent fiscal year. Adjustment of fee — round down (4) The responsible authority may, in accordance with Treasury Board policies or directives, round down a fee after an adjustment under subsection (1) in a given fiscal year. Anniversary date — change (5) Despite subsection (1), the responsible authority may change the anniversary date selected in respect of a fee in accordance with Treasury Board policies or directives. 2017, c. 20, s. 451 “17” 2023, c. 26, s. 274
Service Fees Act — S-8.4 18
Effect of section 17 18 For greater certainty, section 17 does not limit any power conferred under an Act of Parliament to fix a fee.
Service Fees Act — S-8.4 20
Report — responsible authority 20 (1) In each fiscal year, a responsible authority must, in accordance with Treasury Board policies or directives, if any, cause a report to be tabled before each House of Parliament that sets out (a) the fees within the jurisdiction of the responsible authority that were payable in the previous fiscal year; (b) the authorities under which those fees were fixed; (c) the revenue received from those fees; (d) any costs incurred in relation to the things for which those fees were paid; (e) the degree of compliance with any performance standards established in respect of those fees; (f) any remissions made under section 7 in respect of those fees; (g) the fees within the jurisdiction of the responsible authority that will be adjusted by operation of section 17 in the fiscal year after the year in which the report is tabled along with the adjustment date and the adjusted amount or adjusted manner for determining the amount; and (h) any other information required by the Treasury Board. Referral to committee (2) The report stands permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to the activities of the federal entity in question.
Service Fees Act — S-8.4 21
Report — President of Treasury Board 21 The President of the Treasury Board must, no later than March 31 of a fiscal year in which any report referred to in subsection 20(1) is tabled, make a report accessible to the public that (a) consolidates the information set out in the tabled reports; (b) lists the amendments to the regulations made by the President of the Treasury Board under section 22 in that fiscal year; and (c) lists the approvals given by the President of the Treasury Board in that fiscal year under this Act. 2017, c. 20, s. 451 “21” 2023, c. 26, s. 276
Service Fees Act — S-8.4 22
Non-application — sections 3 to 18 22 (1) Subject to the regulations, sections 3 to 18 do not apply in respect of a low-materiality fee. Regulations (2) The Treasury Board may make regulations respecting low-materiality fees, including regulations (a) listing the fees that are considered to be low-materiality fees or the fees that are not considered to be low-materiality fees; (a.1) setting out criteria for determining whether fees are low-materiality fees and when low-materiality fees cease to be low-materiality fees; (b) setting out when sections 3 to 18 cease to apply in respect of low-materiality fees and when those sections apply to fees that have ceased to be low-materiality fees; and (c) establishing the factors that the President of the Treasury Board must take into account while exercising the power referred to in subsection (3). Amending regulations — President of the Treasury Board (3) The President of the Treasury Board may, by regulation, amend regulations made under paragraph (2)(a), taking into account any factors established under paragraph (2)(c). 2017, c. 20, s. 451 “22” 2023, c. 26, s. 277
Service Fees Act — S-8.4 452
Definitions 452 (1) In this section, fee and responsible authority have the same meaning as in section 2 of the Service Fees Act , as enacted by section 451 . Performance standards — existing fees (2) If a fee that is payable on the day on which this section comes into force is subject to section 4 of the Service Fees Act and a performance standard has not been established in respect of the fee on or before that day, the responsible authority with respect to the fee must ensure that a performance standard is established in respect of the fee within one year after that day. Application of sections 5 to 8 (3) Sections 5 to 8 of the Service Fees Act apply in respect of the fee beginning on the day on which the performance standard is established in respect of the fee.
Settlement of International Investment Disputes Act — S-8.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Settlement of International Investment Disputes Act — S-8.5 1
Short title 1 This Act may be cited as the Settlement of International Investment Disputes Act .
Settlement of International Investment Disputes Act — S-8.5 2
Definitions 2 The following definitions apply in this Act. award means an award rendered by the arbitral tribunal established under article 37 of the Convention and an interpretation, revision or annulment, if any, of the award under the Convention. ( sentence ) Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, the text of which is set out in the schedule. ( Convention )
Settlement of International Investment Disputes Act — S-8.5
award means an award rendered by the arbitral tribunal established under article 37 of the Convention and an interpretation, revision or annulment, if any, of the award under the Convention. ( sentence )
Settlement of International Investment Disputes Act — S-8.5
Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, the text of which is set out in the schedule. ( Convention )
Settlement of International Investment Disputes Act — S-8.5 3
Interpretation if inconsistency 3 Despite section 5 of the United Nations Foreign Arbitral Awards Convention Act , in the event of an inconsistency between that Act — or the Commercial Arbitration Act — and this Act or the Convention, this Act or the Convention, as the case may be, prevails to the extent of the inconsistency.
Settlement of International Investment Disputes Act — S-8.5 4
Application 4 This Act applies to awards rendered, arbitration agreements entered into and conciliation proceedings commenced under the Convention before or after the coming into force of this Act.