GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pilotage Act — P-14 50
Limitation or prescription period 50 (1) Proceedings by way of summary conviction under this Act may be instituted no later than two years after the day on which the Minister becomes aware of the subject matter of the proceedings. Certificate of Minister (2) A document that purports to have been issued by the Minister and that certifies the day on which that Minister became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the individual appearing to have signed the document and is evidence that the Minister became aware of the subject matter on that day. Defendant outside Canada (3) If the proceedings cannot be commenced because the proposed defendant is outside Canada, the proceedings may be commenced no later than 60 days after the defendant arrives in Canada. R.S., 1985, c. P-14, s. 50; 2001, c. 26, s. 318 2019, c. 29, s. 253
Pilotage Act — P-14 51
Jurisdiction in relation to offences 51 If a person or ship is charged with an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or ship within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there. R.S., 1985, c. P-14, s. 51; 2001, c. 26, s. 318 2019, c. 29, s. 253
Pilotage Act — P-14 51.1
Reporting of alleged contravention 51.1 (1) An individual who has reasonable grounds to believe that a person or ship has contravened or intends to contravene a provision of this Act or the regulations or a direction under this Act may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification. Confidentiality (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act . 2019, c. 29, s. 253
Pilotage Act — P-14 52
Regulations 52 (1) The Governor in Council may make regulations respecting the provision of pilotage services, including regulations (a) establishing compulsory pilotage areas; (b) respecting which ships or classes of ships are subject to compulsory pilotage; (c) respecting waivers of compulsory pilotage; (d) respecting master-pilot exchanges; (e) respecting the classes of licences and classes of pilotage certificates that are to be issued as well as the form and manner of their issuance; (f) respecting the qualifications that are required of an applicant for a licence or pilotage certificate, or any class of licence or pilotage certificate, for a compulsory pilotage area, including the applicant’s physical and mental fitness, degree of general and local knowledge, skill, training, experience and proficiency in one or both of the official languages of Canada; (g) respecting skill and knowledge examinations, medical examinations, apprenticeship, the provision of documents and recommendations and other means of determining whether an individual meets the qualifications required under paragraph (f); (h) respecting the conditions of a licence or pilotage certificate or the conditions of any class of licence or pilotage certificate; (i) limiting the number of licences or classes of licences that may be issued for a compulsory pilotage area; (j) respecting the information to be provided and the procedures and practices to be followed by a ship that is about to enter, leave or proceed within a compulsory pilotage area; (k) respecting the minimum number of licensed pilots or pilotage certificate holders that are required to be on board a ship at any time and which class of licence or pilotage certificate that they are required to hold; (l) respecting additional training and periodic medical examinations for licensed pilots and pilotage certificate holders; (m) respecting risk assessments; (n) respecting the development and implementation of management systems by the Authorities; and (o) respecting fees and charges to be paid in relation to the administration of this Act, including the development of regulations, and the enforcement of this Act. United States pilots and waters (2) With respect to Canadian waters that are contiguous with waters of the United States, the regulations may set out the conditions under which (a) an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States may pilot in Canadian waters; and (b) a licensed pilot or pilotage certificate holder may have the conduct of a ship in waters of the United States. Paragraph (1)(l) (3) Regulations referred to in paragraph (1)(l) may distinguish between licensed pilots and between pilotage certificate holders on the basis of the class of licence or pilotage certificate they hold. R.S., 1985, c. P-14, s. 52; R.S., 1985, c. 31 (1st Supp.), s. 86 2019, c. 29, s. 255
Pilotage Act — P-14 52.1
Exemption orders 52.1 (1) The Minister may, by order, exempt for a period of not more than three years any person or ship from the application of any provision of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of ships, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection. Compliance with conditions (2) Every person or ship subject to a condition of the exemption order shall comply with that condition. Publication (3) The Minister shall, as soon as feasible after making an exemption order, publish a notice of it on a Government of Canada website or by any other means that the Minister considers appropriate. 2019, c. 29, s. 256
Pilotage Act — P-14 52.2
Interim orders 52.2 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with an urgent issue related to the provision of pilotage services that poses a significant risk to safety, human health or the environment. Cessation of effect (2) The interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) the day on which it is repealed, (b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force, (c) one year after the day on which it is made or any shorter period that may be specified in it, unless it is extended by the Governor in Council, and (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order. Extension — Governor in Council (3) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c). Restriction (4) If an interim order is extended by the Governor in Council, the Minister is not authorized to remake the interim order after it ceases to have effect. Compliance with interim order (5) Every person or ship subject to an interim order shall comply with it. Contravention of unpublished order (6) No person or ship may be convicted of an offence or found liable for a violation consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it. Publication (7) An interim order is to be published in the Canada Gazette within 23 days after it is made. Tabling of order (8) The Minister shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after it is made. It is to be sent to the Clerk of the House if the House is not sitting. 2019, c. 29, s. 256
Pilotage Act — P-14 52.3
Direction to licensed pilot or pilot corporation 52.3 (1) The Minister may, in writing, direct a licensed pilot or pilot corporation (a) to cease an activity that poses a risk to the safety of navigation, including the safety of the public and marine personnel, or to human health, property or the environment; or (b) to conduct an activity that protects the safety of navigation, including the safety of the public and marine personnel, or that protects human health, property or the environment. Exceptional circumstances (2) The Minister is not authorized to make the direction unless the Minister is satisfied that the direction is necessary to deal with exceptional circumstances that involve a risk to the safety of navigation, including the safety of the public and marine personnel, or to human health, property or the environment. Validity period (3) The direction is valid for the period specified in it as long as that period ends no more than 30 days after the day on which it is made. 2019, c. 29, s. 256
Pilotage Act — P-14 52.4
Incorporation by reference 52.4 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act , to the effect that a document is to be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Act. 2019, c. 29, s. 256
Pilotage Act — P-14 52.5
Statutory Instruments Act 52.5 The following are not statutory instruments for the purposes of the Statutory Instruments Act : (a) a resolution made under section 33; (a.1) a direction given under subsection 46.12(2), (3) or (4); (b) a detention order made under section 46.2; (c) a direction given under subsection 46.22(1); (d) an exemption order made under section 52.1; (e) an interim order made under section 52.2; and (f) a direction given under section 52.3. 2019, c. 29, s. 256 2019, c. 29, s. 257
Pilotage Act — P-14 53
Ten-year review 53 (1) The Minister shall, 10 years after the day on which this subsection comes into force and every 10 years after that, undertake a review of the operation of this Act. Appointment of reviewers or assistants (2) The Minister may appoint one or more persons to undertake or assist in the review. 1998, c. 10, s. 157 2019, c. 29, s. 258
Pilotage Act — P-14 259
Non-application — subsection 3(3.2) 259 Subsection 3(3.2) of the Pilotage Act , as enacted by section 227 of this Act, does not apply to the Chairperson or to any member of a Pilotage Authority on the day on which section 227 of this Act comes into force during the remainder of their term of appointment.
Pilotage Act — P-14 260
Tariff regulations 260 Regulations made by a Pilotage Authority with the approval of the Governor in Council under section 33 of the Pilotage Act , as that section read immediately before the day on which section 238 of this Act comes into force, remain in effect until the day on which pilotage charges established by the Pilotage Authority in accordance with sections 33 to 35 of the Pilotage Act , as enacted by section 238 of this Act, take effect.
Pilotage Act — P-14 261
Licences and pilotage certificates 261 (1) Every licence or pilotage certificate issued by a Pilotage Authority under section 22 of the Pilotage Act , as it read immediately before the day on which section 242 of this Act comes into force, that was valid immediately before that day is deemed to have been issued, as applicable, by the Minister of Transport under subsection 38.1(1) or (2) of the Pilotage Act , as enacted by section 242 of this Act. Validity period (2) Despite subsection 38.4(1) of the Pilotage Act , as enacted by section 242 of this Act, the validity period of a licence or pilotage certificate referred to in subsection (1) ends one year after the day on which section 242 of this Act comes into force.
Pilotage Act — P-14 262
Pending applications 262 An application for a licence or pilotage certificate that is pending on the day on which section 242 of this Act comes into force is deemed to be an application under subsection 38.1(1) or (2) of the Pilotage Act , as enacted by section 242 of this Act, but the qualifications to be met by the applicant are the qualifications that were prescribed by the relevant regulations as they read immediately before the day on which section 242 of this Act comes into force.
Pilotage Act — P-14 263
Pending hearings 263 Hearings pending before a Pilotage Authority immediately before the day on which section 242 of this Act comes into force are to be continued before the Authority in accordance with the Pilotage Act , as it read immediately before that day.
Pilotage Act — P-14 264
Fines 264 For greater certainty, starting on the day on which section 252 of this Act comes into force, fines collected under the Pilotage Act are no longer to be paid to the relevant Pilotage Authority.
Pilotage Act — P-14 265
Repeal of regulations — section 20 Pilotage Act 265 (1) Beginning on the day on which section 235 of this Act comes into force, the Governor in Council may repeal regulations made under section 20 of the Pilotage Act , as that section read immediately before that day. Repeal of regulations — section 33 Pilotage Act (2) Beginning on the day on which section 238 of this Act comes into force, the Governor in Council may repeal regulations made under section 33 of the Pilotage Act , as that section read immediately before that day.
Pilotage Act — P-14 76
Clarification — immediate application 76 For greater certainty, but subject to sections 77 and 78 , the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Pilotage Act — P-14 77
Certain applications for warrants 77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day: (c) subsection 46.13(4) of the Pilotage Act ;
Pilotage Act — P-14 78.1
Impact of remote proceedings 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings (a) enhance, preserve or adversely affect access to justice; (b) maintain fundamental principles of the administration of justice; and (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons. Report (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Pilotage Act — P-14 78.2
Review by committee 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions. Report (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Pooled Registered Pension Plans Act — P-15.3
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Pooled Registered Pension Plans Act — P-15.3 1
Short title 1 This Act may be cited as the Pooled Registered Pension Plans Act .
Pooled Registered Pension Plans Act — P-15.3
administrator means the holder of a licence issued under section 11 or an entity designated by the Superintendent under subsection 21 (1). ( administrateur )
Pooled Registered Pension Plans Act — P-15.3
common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. ( conjoint de fait )
Pooled Registered Pension Plans Act — P-15.3
common-law partnership means the relationship between two persons who are common-law partners of each other. ( union de fait )
Pooled Registered Pension Plans Act — P-15.3
designated province means a province designated in the regulations. ( province désignée )
Pooled Registered Pension Plans Act — P-15.3
electronic document means any form of representation of information or of concepts fixed in any medium by electronic, optical or other similar means that can be read or perceived by a person or by any means. ( document électronique )
Pooled Registered Pension Plans Act — P-15.3
employee means an individual who holds a position that entitles that individual to a fixed or ascertainable stipend or remuneration and includes an individual who holds the position of an officer or director of a corporation or other organization or of an agent or mandatary acting for a principal or mandator. ( salarié )
Pooled Registered Pension Plans Act — P-15.3
employer , in relation to an employee, means the person or organization that employs the employee and includes their assigns or successors. ( employeur )
Pooled Registered Pension Plans Act — P-15.3
employment means the performance by an employee of work for an employer under an express or implied contract of service or apprenticeship, and includes the tenure of an office. ( emploi )
Pooled Registered Pension Plans Act — P-15.3
included employment means employment — other than employment by Her Majesty in right of Canada or any employment that is excluded by the regulations — on or in connection with the operation of any work, undertaking or business that is within the legislative authority of the Parliament of Canada.  ( emploi visé )
Pooled Registered Pension Plans Act — P-15.3
member means a person who holds an account with a pooled registered pension plan. ( participant )
Pooled Registered Pension Plans Act — P-15.3
Minister means the Minister of Finance. ( ministre )
Pooled Registered Pension Plans Act — P-15.3
multilateral agreement means an agreement entered into under subsection 6 (1). ( accord multilatéral )
Pooled Registered Pension Plans Act — P-15.3
pooled registered pension plan means a plan registered under section 12 . ( régime de pension agréé collectif )
Pooled Registered Pension Plans Act — P-15.3
prescribed means prescribed by regulation. ( Version anglaise seulement )
Pooled Registered Pension Plans Act — P-15.3
spouse , in relation to an individual, includes a person who is party to a void marriage or, in Quebec, null marriage with the individual. ( époux )
Pooled Registered Pension Plans Act — P-15.3
Superintendent means the Superintendent of Financial Institutions appointed under section 5 of the Office of the Superintendent of Financial Institutions Act . ( surintendant )
Pooled Registered Pension Plans Act — P-15.3 (a)
survivor , in relation to a deceased member, means (a) if there is no person described in paragraph (b), the member’s spouse at the time of the member’s death; or (b) the common-law partner of the member immediately before the member’s death. ( survivant )
Pooled Registered Pension Plans Act — P-15.3
winding-up , in relation to a pooled registered pension plan, means the distribution of the assets of a plan that has been terminated. ( liquidation )
Pooled Registered Pension Plans Act — P-15.3
Year’s Maximum Pensionable Earnings has the same meaning as in subsection 2(1) of the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension )
Pooled Registered Pension Plans Act — P-15.3 3
Purpose 3 The purpose of this Act is to provide a legal framework for the establishment and administration of a type of pension plan that is accessible to employees and self-employed persons and that pools the funds in members’ accounts to achieve lower costs in relation to investment management and plan administration.
Pooled Registered Pension Plans Act — P-15.3 4
Application of Act 4 This Act does not apply in respect of a member of a pooled registered pension plan who (a) is not employed in included employment, other than a member who is a self-employed person in Yukon, the Northwest Territories or Nunavut; or (b) is employed in included employment but whose employer does not participate in the plan, other than a member who is employed in included employment in Yukon, the Northwest Territories or Nunavut.
Pooled Registered Pension Plans Act — P-15.3 5
Bilateral agreement 5 The Minister may, with the approval of the Governor in Council, enter into a bilateral agreement with a designated province to (a) authorize the prescribed supervisory authority of that province to exercise any of the Superintendent’s powers under this Act; and (b) authorize the Superintendent to exercise any powers of that prescribed supervisory authority.
Pooled Registered Pension Plans Act — P-15.3 6
Multilateral agreement 6 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with two or more designated provinces respecting any matter relating to pooled registered pension plans that are subject to the legislation of at least one designated province that is a party to the agreement. Content of agreement (2) The multilateral agreement may, among other things, (a) limit the application of the legislation of a designated province that is a party to the agreement to a pooled registered pension plan and adapt that legislation to that plan; (b) limit the application of this Act to a pooled registered pension plan and adapt the Act to that plan; (c) exempt a pooled registered pension plan from the application of this Act or the legislation of a designated province that is a party to the agreement; (d) provide for the administration and enforcement of this Act and the legislation of a designated province that is a party to the agreement; (e) authorize a prescribed supervisory authority of a designated province that is a party to the agreement or the association referred to in section 9 to exercise any of the Superintendent’s powers under this Act; (f) authorize the Superintendent to exercise any powers of a prescribed supervisory authority of a designated province that is a party to the agreement or the association referred to in section 9 ; (g) establish requirements — in addition to any other requirements under this Act and the legislation of a designated province that is a party to the agreement — with respect to a pooled registered pension plan, an administrator or an employer; and (h) confer powers on the Superintendent. Tabling in Parliament (3) The Minister must cause to be tabled in each House of Parliament every multilateral agreement. Publication — Canada Gazette (4) The Minister must cause to be published in the Canada Gazette (a) every multilateral agreement and a notice of the date on which the agreement comes into effect with respect to pooled registered pension plans; (b) every amendment to a multilateral agreement and a notice of the date on which the amendment comes into effect with respect to pooled registered pension plans; and (c) a notice of the effective date of the Government of Canada’s withdrawal from the multilateral agreement or of the effective date of termination of that agreement, whichever comes first. Publication — other (5) In addition to the publishing requirements under subsection (4), the Minister must ensure that every multilateral agreement and every amendment to it is accessible to the public on the Internet or by any other means that the Minister considers appropriate.