GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration Division Rules — 42
Application to change the location of a hearing 42 (1) A party may make an application to the Division to change the location of a hearing. Factors (2) In deciding the application, the Division must consider any relevant factors, including (a) whether a change of location would allow the hearing to be full and proper; (b) whether a change of location would likely delay or slow the hearing; (c) how a change of location would affect the operation of the Division; (d) how a change of location would affect the parties; and (e) whether a change of location would endanger public safety. Duty to appear at the hearing (3) Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the location fixed and be ready to start or continue the hearing.
Immigration Division Rules — 43
Application to change the date or time of a hearing 43 (1) A party may make an application to the Division to change the date or time of a hearing. Factors (2) In deciding the application, the Division must consider any relevant factors, including (a) in the case of a date and time that was fixed after the Division consulted or tried to consult the party, the existence of exceptional circumstances for allowing the application; (b) when the party made the application; (c) the time the party has had to prepare for the hearing; (d) the efforts made by the party to be ready to start or continue the hearing; (e) the nature and complexity of the matter to be heard; (f) whether the party has counsel; (g) any previous delays and the reasons for them; (h) whether the time and date fixed for the hearing was peremptory; and (i) whether allowing the application would unreasonably delay the proceedings or likely cause an injustice. Duty to appear at the hearing (3) Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the date and time fixed and be ready to start or continue the hearing.
Immigration Division Rules — 44
Application to join hearings 44 (1) A party may make an application to the Division to join hearings. Application to separate hearings (2) A party may make an application to the Division to separate hearings that are joined. Factors (3) Before deciding an application, the Division must consider any information provided by the applicant and any other relevant information, including (a) whether the hearings involve similar questions of law or fact; (b) whether allowing the application would promote the efficient administration of the work of the Division; and (c) whether allowing the application would likely cause an injustice.
Immigration Division Rules — 45
Application for proceeding conducted in private 45 (1) A person who makes an application to the Division to have a proceeding conducted in private must apply in writing and follow this rule. Content of application (2) In the application, the person must state the decision that the person wants the Division to make, and may request that the hearing of the application be conducted in private. Providing the application (3) The person must provide a copy of the application to the parties and the original application to the Division. Time limit (4) A document provided under this rule must be received by its recipient (a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and (b) in all other cases, at least five days before the hearing. Hearing of the application (5) At the hearing, the person must give reasons why the Division should conduct the proceeding in private and present any evidence that the person wants the Division to consider in deciding the application.
Immigration Division Rules — 46
Application for proceeding conducted in public 46 (1) A person who makes an application to the Division to have a proceeding conducted in public must apply in writing and follow this rule. Content of application (2) In the application, the person must (a) state the decision that the person wants the Division to make; (b) give reasons why the Division should make that decision; and (c) include any evidence that the person wants the Division to consider in deciding the application. Providing the application (3) The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties. Time limit (4) A document provided under this rule must be received by the Division (a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and (b) in all other cases, at least five days before the hearing.
Immigration Division Rules — 47
Notice of constitutional question 47 (1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question. Form and content of notice (2) The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998 , or any other form that includes (a) the name of the party; (b) the Division file number; (c) the date, time and place of the hearing; (d) the specific legislative provision that is being challenged; (e) the relevant facts relied on to support the constitutional challenge; and (f) a summary of the legal argument to be made in support of the constitutional challenge. Providing the notice (3) The party must provide (a) a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, in accordance with section 57 of the Federal Courts Act ; (b) a copy of the notice to the other party; and (c) the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) and (b). Time limit (4) Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made. 2002, c. 8, s. 182
Immigration Division Rules — 48
Oral representations 48 Representations made by a party must be made orally at the end of a hearing unless the Division orders otherwise.
Immigration Division Rules — 49
No applicable rule 49 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
Immigration Division Rules — 50
Powers of the Division 50 The Division may (a) act on its own, without a party having to make an application or request to the Division; (b) change a requirement of a rule; (c) excuse a person from a requirement of a rule; and (d) extend or shorten a time limit, before or after the time limit has passed.
Immigration Division Rules — 51
Failing to follow a rule 51 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.
Immigration Division Rules — Coming into force
Coming into force * 52 These Rules come into force on the day on which section 161 of the Act comes into force. * [Note: Rules in force June 28, 2002, see SI/2002-97.]
Application of Regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act in Nunavut Order — a
The Nunavut Water Board, pursuant to subsection 173(3) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act a , hereby makes the annexed Application of Regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act in Nunavut Order . a S.C. 2002, c. 10
Application of Regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act in Nunavut Order — 1
1 All Regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act cease to apply in relation to Nunavut.
Application of Regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act in Nunavut Order — 2
2 This Order comes into force on the day on which it is registered.
Sulphur in Diesel Fuel Regulations — a
Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 a , the Minister of the Environment published in the Canada Gazette , Part I, on December 22, 2001, a copy of the proposed Sulphur in Diesel Fuel Regulations , substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; a S.C. 1999, c. 33
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
And whereas the Governor in Council is of the opinion that the proposed Regulations could make a significant contribution to the prevention of, or reduction in, air pollution;
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 140 and 330 of the Canadian Environmental Protection Act, 1999 a , hereby makes the annexed Sulphur in Diesel Fuel Regulations .
Sulphur in Diesel Fuel Regulations — 1
er. ( bateau ) vessel engine means a diesel engine that is installed on a vessel to move or propel the vessel through the water or to direct its movement or to provide auxiliary power. ( moteur de bateau ) vessel propelled by a large diesel engine means a vessel that is propelled by one or more diesel engines that have a per-cylinder displacement equal to or greater than 30 000 cm 3 . ( bateau propulsé par un gros moteur diesel ) (2) Any standard or method that is incorporated by reference in these Regulations is incorporated as amended from time to time. SOR/2005-305, s. 1; SOR/2012-135, s. 1; SOR/2017-110, s. 11(F)
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
Act means the Canadian Environmental Protection Act, 1999 . ( Loi )
Sulphur in Diesel Fuel Regulations — (a)
authorized official means (a) in respect of a corporation, an officer of the corporation who is authorized to act on its behalf; (b) in respect of any other person, that person or a person authorized to act on behalf of that person; and (c) in respect of any other entity, a person authorized to act on its behalf. ( agent autorisé )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
batch means an identifiable quantity of diesel fuel with a single concentration of sulphur as measured in accordance with section 4. ( lot )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
biodiesel fuel [Repealed, SOR/2012-135, s. 1]
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
biomass-based diesel fuel means a fuel that is composed of or derived from plant or animal oils or plant or animal fats and that is intended for use in diesel engines. ( carburant diesel dérivé de la biomasse )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
diesel fuel means a fuel that can evaporate at atmospheric pressure, that boils within the range of 130ºC to 400ºC and that is for use in diesel engines or any fuel that is sold or represented as diesel fuel, as biomass-based diesel fuel or as a blend of biomass-based diesel fuel and diesel fuel. ( carburant diesel )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
large stationary engine means a diesel engine, except for aircraft engines, locomotive engines, vessel engines, off-road engines and engines used to propel on-road vehicles, that has a per-cylinder displacement equal to or greater than 30 000 cm 3 . ( gros moteur stationnaire )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
locomotive means a self-propelled vehicle that is designed to run on rails and for moving or propelling railway cars that are designed to carry freight or other equipment or passengers, but that itself is not designed to carry freight or other equipment or passengers (other than those operating the locomotive), but does not include equipment that is designed to run on both roads and rails, specialized railroad equipment for maintenance, construction, post-accident recovery of equipment and repairs or vehicles propelled by engines with rated horsepower of less than 750 kW. ( locomotive )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
locomotive engine means a diesel engine installed in a locomotive to move or propel it or to provide auxiliary power. ( moteur de locomotive )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
machine means anything, including a vehicle, a device, an appliance or an implement, powered by an engine. ( machine )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
northern supply area [Repealed, SOR/2012-135, s. 1]
Sulphur in Diesel Fuel Regulations — (a)
off-road engine means a diesel engine, except for aircraft engines, locomotive engines, vessel engines and engines used to propel on-road vehicles, that is used or designed to be used (a) by itself and that is designed and intended to be moved from one location of use to another; or (b) in or on a machine that (i) is designed and intended to be moved from one location of use to another, (ii) is self-propelled, (iii) serves a dual purpose by both propelling itself and performing another function, or (iv) is designed to be propelled while performing its function. ( moteur hors route )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
on-road vehicle means a self-propelled vehicle designed for transporting persons, property, material or permanently or temporarily affixed apparatus on a common or public road, street, avenue, parkway or highway. ( véhicule routier )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
scientific research does not include research into the preferences of consumers for differing properties of diesel fuel or marketing research. ( recherche scientifique )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
small stationary engine means a diesel engine, except for aircraft engines, locomotive engines, vessel engines, off-road engines and engines used to propel on-road vehicles, that has a per-cylinder displacement of less than 30 000 cm 3 . ( petit moteur stationnaire )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
vessel means a boat, ship or craft that is designed, used or capable of being used for navigation in, on or through water but is not designed for self-propulsion out of water. ( bateau )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
vessel engine means a diesel engine that is installed on a vessel to move or propel the vessel through the water or to direct its movement or to provide auxiliary power. ( moteur de bateau )
Sulphur in Diesel Fuel Regulations — Sulphur in Diesel Fuel Regulations
vessel propelled by a large diesel engine means a vessel that is propelled by one or more diesel engines that have a per-cylinder displacement equal to or greater than 30 000 cm 3 . ( bateau propulsé par un gros moteur diesel )
Sulphur in Diesel Fuel Regulations — 2
2 (1) These Regulations do not apply to diesel fuel if (a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and is accompanied by written evidence establishing that the fuel is in transit; (b) the fuel is produced or sold for export and is accompanied by written evidence establishing that the fuel will be exported; (c) the fuel is being imported for a use referred to in section 3, the fuel’s sulphur concentration exceeds the concentration referred to in that section and the fuel is accompanied by written evidence establishing that the fuel will meet the requirements of these Regulations before the fuel is used or sold; or (d) the fuel is being imported in a fuel tank that supplies an off-road engine, a small stationary engine, a large stationary engine or the engine of a conveyance that is used for transportation by water, land or air. (2) These Regulations, except for section 1, subsections 5(4) to (7) and sections 5.2 and 6, do not apply in respect of diesel fuel for use in scientific research. SOR/2005-305, s. 2; SOR/2012-135, s. 2
Sulphur in Diesel Fuel Regulations — 3
3 (1) For the purposes of section 139 of the Act and subject to subsection (2), the concentration of sulphur shall not exceed, (a) in diesel fuel produced, imported or sold for use in on-road vehicles or off-road engines, 15 mg/kg; (b) in diesel fuel produced or imported for use in locomotive engines or in vessel engines other than those installed on a vessel propelled by a large diesel engine, 15 mg/kg; (c) in diesel fuel sold for use in locomotive engines, 500 mg/kg; (d) in diesel fuel sold for use in vessel engines other than those installed on a vessel propelled by a large diesel engine, 500 mg/kg until May 31, 2014 and 15 mg/kg after May 31, 2014; (e) in diesel fuel produced, imported or sold for use in vessel engines installed on a vessel propelled by a large diesel engine, 1000 mg/kg after May 31, 2014; (f) in diesel fuel produced, imported or sold for use in small stationary engines, 15 mg/kg after May 31, 2014; and (g) in diesel fuel produced, imported or sold for use in large stationary engines, 1000 mg/kg after May 31, 2014. (2) Paragraphs (1)(f) and (g) do not apply in respect of diesel fuel that is produced, imported or sold for use north of latitude 81°N. SOR/2005-305, s. 3; SOR/2006-163, s. 1; SOR/2012-135, s. 2
Sulphur in Diesel Fuel Regulations — 4
4 The concentration of sulphur in diesel fuel referred to in section 3 shall be measured in accordance with the ASTM International method ASTM D5453-16, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence . SOR/2005-305, s. 4; SOR/2012-135, s. 2; SOR/2017-110, s. 12
Sulphur in Diesel Fuel Regulations — 5
5 (1) Every person who produces or imports diesel fuel shall, for each calendar year during which diesel fuel is produced or imported, submit to the Minister, within 45 days after the end of that calendar year, a report that contains the information referred to in Schedule 1 for each facility where the person produces diesel fuel and for each province into which the person imports diesel fuel. (2) For the purposes of the report referred to in subsection (1), the concentration of sulphur in diesel fuel shall be calculated using (a) the method referred to in section 4; or (b) a method equivalent to the one specified in paragraph (a) on the condition that the producer or importer sends to the Minister, at least 60 days before using the method, a description of the method together with evidence that demonstrates that the method provides results equivalent to those provided by the method specified in paragraph (a) and that equivalency of the chosen method has been validated in accordance with ASTM International standard ASTM D6708-16, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material . (3) For greater certainty, the method referred to in paragraph (2)(b) is to be used for reporting purposes only and shall not be used for the purpose of determining compliance with the concentration requirements referred to in section 3. (4) Every person who intends to produce or import diesel fuel shall submit to the Minister a report that contains the information set out in Schedule 2 no later than five days before the day on which the person produces or imports diesel fuel for the first time. (5) Subject to subsection (5.1), a person who has submitted a report under subsection (4) shall notify the Minister in writing of any change in the information in the report, except for changes regarding typical annual volumes or the authorized official, no later than five days after the change. (5.1) A person who submitted a report under subsection (4) before the coming into force of this subsection shall submit a new report no later than 60 days after the day on which this subsection comes into force if the diesel fuel is produced or imported for (a) use in vessel engines other than those installed on a vessel propelled by a large diesel engine; (b) use in vessel engines installed on a vessel propelled by a large diesel engine; (c) use in small stationary engines; (d) use in large stationary engines; or (e) use in scientific research. (6) [Repealed, SOR/2017-110, s. 13] (7) A copy of each report or notice that is required under this section shall be kept, for a period of five years after the report or notice is submitted to the Minister, at the production facility in Canada or at the importer’s principal place of business in Canada as identified in the information submitted under subsections (4), (5) and (5.1). SOR/2005-305, s. 5; SOR/2012-135, s. 3; SOR/2017-110, s. 13
Sulphur in Diesel Fuel Regulations — 5.1
5.1 (1) Subject to subsection (4), every person who intends to import diesel fuel shall notify the Minister in writing, at least 12 hours before the time of importation, of their intention to import (a) more than 100 m 3 of diesel fuel at any one time; or (b) more than 1000 m 3 of diesel fuel into any one province within any one day. (2) The notice required by subsection (1) shall include (a) the name and civic address of the importer; (b) a statement indicating whether the diesel fuel is intended for (i) use in vessel engines installed on a vessel propelled by a large diesel engine, (ii) use in large stationary engines, or (iii) use in scientific research; (iv) [Repealed, SOR/2017-110, s. 14] (c) the volume of diesel fuel that is to be imported; (d) the point of entry of the diesel fuel into Canada and the estimated date and time of its entry into Canada; (e) the civic address of the first storage facility or refuelling facility to which the diesel fuel is to be delivered and the estimated date and time of its delivery there; and (f) the name and telephone number of a representative of the importer through whom sampling arrangements for the imported volume of diesel fuel can be made. (3) Every person who imports diesel fuel — other than by pipeline — shall ensure that the diesel fuel is accompanied, from the point of entry into Canada to the point of final delivery, by a record that indicates (a) the name and civic address of the importer; (b) the name and civic address of the person to whom the diesel fuel is to be sold or the ownership is to be transferred; (c) the civic address of the first storage facility or refuelling facility to which the diesel fuel is to be delivered; (d) the volume of the diesel fuel; and (e) whether the diesel fuel is intended for use in scientific research, large stationary engines or vessel engines installed on a vessel propelled by a large diesel engine. (4) No notice is required if the diesel fuel is imported for use north of latitude 81°N. SOR/2012-135, s. 4; SOR/2017-110, s. 14
Sulphur in Diesel Fuel Regulations — 5.2
5.2 (1) A report or notice that is required under these Regulations shall be sent electronically in the form and format specified by the Minister and shall bear the electronic signature of an authorized official. (2) If the Minister has not specified an electronic form and format or if it is impractical to send the report or notice electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending the report or notice, they shall send it on paper, signed by an authorized official and in the form and format specified by the Minister. However, if no form and format have been so specified, the report or notice may be in any form and format. (3) Despite subsections (1) and (2), the notice required under subsection 5.1(1) is not required to be signed by an authorized official. SOR/2012-135, s. 4; SOR/2017-110, s. 15