GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Restoring Rail Service Act — R-7.3 8
Arbitration 8 (1) The Minister must, after the coming into force of this Act, appoint an arbitrator in respect of each collective agreement and refer to the arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, are in dispute between the parties to it. Powers and duties (2) An arbitrator has, with any modifications that the circumstances require, all the powers and duties of an arbitrator under paragraphs 60(1)(a) and (a.2) to (a.4) and section 61 of the Canada Labour Code . Time limit and report (3) An arbitrator must decide all matters referred to the arbitrator under this Act within 90 days after the day on which he or she is appointed, or any longer period that the Minister may allow, and make a report to the Minister on the arbitrator’s decision in respect of those matters. Form of decision (4) The decision of an arbitrator respecting a collective agreement must be set out in a form that enables it to be incorporated into the collective agreement in accordance with section 9.
Restoring Rail Service Act — R-7.3 9
Incorporation in collective agreement 9 Beginning on the day on which an arbitrator reports to the Minister under subsection 8 (3), the collective agreement is deemed to be amended by the incorporation into it of (a) any agreement between the parties to it arrived at before the appointment of the arbitrator; (b) any agreement resolving the matters in dispute between the parties to it arrived at after the appointment of the arbitrator and before the day on which the arbitrator reports to the Minister; and (c) the decision of the arbitrator in respect of the matters that were referred to arbitration.
Restoring Rail Service Act — R-7.3 10
Proceedings prohibited 10 No order is to be made, no process entered into and no proceeding taken in court (a) to question the appointment of an arbitrator; or (b) to review, prohibit or restrain any proceeding or decision of an arbitrator.
Restoring Rail Service Act — R-7.3 11
New collective agreements not precluded 11 Nothing in this Act precludes the parties to a collective agreement from entering into a new collective agreement at any time before the arbitrator reports to the Minister under subsection 8 (3) and, if they do so, the arbitrator’s duties under this Act cease as of the day on which the new collective agreement is entered into.
Restoring Rail Service Act — R-7.3 12
New collective agreements 12 (1) Despite anything in Part I of the Canada Labour Code , an arbitrator’s decision constitutes a new collective agreement between the parties that is effective and binding on them beginning on the day on which it is made. However, that Part applies in respect of the new collective agreement as if it had been entered into under that Part. Coming into effect of provisions (2) A new collective agreement may provide that any of its provisions are effective and binding on a day that is before or after the day on which the new collective agreement becomes effective and binding. Amendments (3) Nothing in this Act is to be construed so as to limit or restrict the rights of the parties to a new collective agreement to amend any of its provisions, other than a provision relating to its term, and to give effect to the amendment.
Restoring Rail Service Act — R-7.3 13
Costs 13 All costs incurred by Her Majesty in right of Canada relating to the appointment of an arbitrator and the performance of an arbitrator’s duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts from the employer and the union, in any court of competent jurisdiction.
Restoring Rail Service Act — R-7.3 14
Individuals 14 (1) An individual who contravenes any provision of this Act is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of (a) not more than $50,000 if the individual was acting in the capacity of an officer or representative of the employer or the union when the offence was committed; or (b) not more than $1,000 in any other case. Employer or union (2) If the employer or the union contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.
Restoring Rail Service Act — R-7.3 15
No imprisonment 15 Despite subsection 787(2) of the Criminal Code , no term of imprisonment is to be imposed in default of payment of a fine that is imposed under section 14 .
Restoring Rail Service Act — R-7.3 16
Recovery of fines 16 If a person is convicted of an offence under section 14 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Restoring Rail Service Act — R-7.3 17
Presumption 17 For the purposes of this Act, the union is deemed to be a person.
Restoring Rail Service Act — R-7.3 Coming into force
Coming into force * 18 This Act comes into force on the expiry of the twelfth hour after the time at which it is assented to. * [Note: Act in force June 1, 2012.]
Retail Payment Activities Act — R-7.36 Preamble
Preamble Whereas the safe and efficient movement of funds is essential to the health and strength of the national economy;
Retail Payment Activities Act — R-7.36
Whereas evolving technologies permit retail payment activities to be performed in new and increasingly complex ways by a larger variety of payment service providers across Canada;
Retail Payment Activities Act — R-7.36
Whereas Parliament considers that it is desirable and in the national interest to address risks related to national security that could be posed by payment service providers;
Retail Payment Activities Act — R-7.36
Whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to mitigate operational risks and to safeguard end-user funds;
Retail Payment Activities Act — R-7.36
And whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to foster competition and innovation in payment services by building confidence in the retail payment sector;
Retail Payment Activities Act — R-7.36
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Retail Payment Activities Act — R-7.36 1
Short title 1 This Act may be cited as the Retail Payment Activities Act .
Retail Payment Activities Act — R-7.36
Bank means the Bank of Canada. ( Banque )
Retail Payment Activities Act — R-7.36
Centre means the Financial Transactions and Reports Analysis Centre of Canada. ( Centre )
Retail Payment Activities Act — R-7.36
electronic funds transfer means a placement, transfer or withdrawal of funds by electronic means that is initiated by or on behalf of an individual or entity. ( transfert électronique de fonds )
Retail Payment Activities Act — R-7.36
end user means an individual or entity that uses a payment service as a payer or payee. ( utilisateur final )
Retail Payment Activities Act — R-7.36
entity means a corporation, trust, partnership, fund, an unincorporated association or organization, the government of a foreign country or of a political subdivision of a foreign country, or an agency of a foreign country or of a subdivision of a foreign country. ( entité )
Retail Payment Activities Act — R-7.36
government authority includes the Royal Canadian Mounted Police, the Communications Security Establishment and the Canadian Security Intelligence Service. ( autorité administrative )
Retail Payment Activities Act — R-7.36
Governor has the same meaning as in section 2 of the Bank of Canada Act . ( gouverneur )
Retail Payment Activities Act — R-7.36
incident means an event or series of related events that is unplanned by a payment service provider and that results in or could reasonably be expected to result in the reduction, deterioration or breakdown of any retail payment activity that is performed by the payment service provider. ( incident )
Retail Payment Activities Act — R-7.36
Minister means the Minister of Finance. ( ministre )
Retail Payment Activities Act — R-7.36 (a)
operational risk means a risk that any of the following will result in the reduction, deterioration or breakdown of retail payment activities that are performed by a payment service provider: (a) a deficiency in the payment service provider’s information system or internal process; (b) a human error; (c) a management failure; or (d) a disruption caused by an external event. ( risque opérationnel )
Retail Payment Activities Act — R-7.36 (a)
payment function means (a) the provision or maintenance of an account that, in relation to an electronic funds transfer, is held on behalf of one or more end users; (b) the holding of funds on behalf of an end user until they are withdrawn by the end user or transferred to another individual or entity; (c) the initiation of an electronic funds transfer at the request of an end user; (d) the authorization of an electronic funds transfer or the transmission, reception or facilitation of an instruction in relation to an electronic funds transfer; or (e) the provision of clearing or settlement services. ( fonction de paiement )
Retail Payment Activities Act — R-7.36
payment service provider means an individual or entity that performs payment functions as a service or business activity that is not incidental to another service or business activity.  ( fournisseur de services de paiement )
Retail Payment Activities Act — R-7.36
prescribed means prescribed by regulation. ( Version anglaise seulement )
Retail Payment Activities Act — R-7.36
registered means registered under section 25 . ( enregistré )
Retail Payment Activities Act — R-7.36
retail payment activity means a payment function that is performed in relation to an electronic funds transfer that is made in the currency of Canada or another country or using a unit that meets prescribed criteria. ( activité associée aux paiements de détail )
Retail Payment Activities Act — R-7.36
third-party service provider means an individual or entity that, under a contract, provides a payment service provider with a service related to a payment function and that is not an employee or agent or mandatary of the payment service provider. ( tiers fournisseur de services )
Retail Payment Activities Act — R-7.36 3
Affiliation 3 (1) For the purposes of section 8 and paragraph 29 (1)(d), (a) one entity is affiliated with another entity if one of them is the subsidiary of the other or both are subsidiaries of the same entity or each of them is controlled by the same individual or entity; (b) two entities are deemed to be affiliated with each other if they are affiliated with the same entity at the same time; and (c) an individual is affiliated with an entity if the individual controls the entity. Subsidiary entity (2) For the purposes of subsection (1), an entity is a subsidiary of another entity if it is controlled by that other entity. Control (3) For the purposes of this section, (a) a corporation is controlled by an individual or entity if (i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that individual or entity, and (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation; (b) a limited partnership is controlled by its general partner; and (c) an entity other than a corporation or a limited partnership is controlled by an individual or entity if the individual or entity, directly or indirectly, whether through one or more subsidiaries or otherwise, holds an interest in the entity that is not a corporation that entitles them to receive more than 50% of the profits of that entity or more than 50% of its assets on dissolution.
Retail Payment Activities Act — R-7.36 4
Payment service providers in Canada 4 Subject to sections 6 to 10 , this Act applies in respect of any retail payment activity that is performed by a payment service provider that has a place of business in Canada.
Retail Payment Activities Act — R-7.36 5
Payment service providers outside of Canada 5 Subject to sections 6 to 10 , this Act also applies in respect of any retail payment activity that is performed for an end user in Canada by a payment service provider that does not have a place of business in Canada but directs retail payment activities at individuals or entities that are in Canada.
Retail Payment Activities Act — R-7.36 6
Retail payment activities 6 This Act does not apply in respect of the following retail payment activities: (a) a payment function that is performed in relation to an electronic funds transfer that is made with an instrument that is issued by a merchant — or by an issuer that is not a payment service provider and has an agreement with a group of merchants — and that allows the holder of the instrument to purchase goods or services only from the issuing merchant or any merchant in the group; (b) a payment function that is performed in relation to an electronic funds transfer that is made for the purpose of giving effect to an eligible financial contract as defined in subsection 39.15(9) of the Canada Deposit Insurance Corporation Act or for the purpose of giving effect to a prescribed transaction in relation to securities; (c) a payment function that is performed in relation to an electronic funds transfer that is made for the purpose of a cash withdrawal at an automatic teller machine; and (d) a prescribed retail payment activity.
Retail Payment Activities Act — R-7.36 7
Designated systems 7 This Act does not apply in respect of a payment function that is performed in relation to an electronic funds transfer if the payment function is performed using a system that is designated under section 4 of the Payment Clearing and Settlement Act .
Retail Payment Activities Act — R-7.36 8
Internal transactions 8 This Act does not apply in respect of a retail payment activity that is performed by a payment service provider if (a) the payment function in question is performed in relation to an electronic funds transfer that is made between affiliated entities; (b) the payment service provider is one of the affiliated entities; and (c) no other payment service provider performs payment functions in relation to that electronic funds transfer.
Retail Payment Activities Act — R-7.36 9
Payment service providers 9 This Act does not apply to a payment service provider that performs retail payment activities if the payment service provider is one of the following: (a) a bank; (b) an authorized foreign bank as defined in section 2 of the Bank Act in respect of its business in Canada; (c) a cooperative credit society, savings and credit union, caisse populaire or central cooperative credit society that is regulated by a provincial Act or an association regulated by the Cooperative Credit Associations Act ; (d) Her Majesty in right of a province or an agent or mandatary of Her Majesty in right of a province, if Her Majesty in right of a province or the agent or mandatary accepts deposits transferable by order; (e) a company to which the Insurance Companies Act applies or an insurance company regulated by a provincial Act; (f) a company to which the Trust and Loan Companies Act applies; (g) a trust company that is regulated by a provincial Act; (h) a loan company that accepts deposits transferable by order and is regulated by a provincial Act; (i) the Canadian Payments Association; (j) the Bank; or (k) a prescribed individual or entity or an individual or entity of a prescribed class.
Retail Payment Activities Act — R-7.36 10
Agents and mandataries 10 This Act does not apply to an agent or mandatary of a registered payment service provider if the agent or mandatary is performing retail payment activities in the scope of their authority as agent or mandatary and is included on the list of agents or mandataries that was provided by the payment service provider under paragraph 29 (1)(e) and is updated in accordance with subsection 59 (1).
Retail Payment Activities Act — R-7.36 11
Governor’s orders 11 (1) If a provision of a federal or provincial Act or regulation applies to or in respect of a payment service provider that performs retail payment activities or a class of payment service providers that perform retail payment activities and the Governor is of the opinion that the provision is substantially similar to any of the following provisions of this Act or its regulations, then the Governor may, by order, specify the provision of this Act or its regulations and the payment service provider or class of payment service provider: (a) sections 17 to 22 ; (b) subsection 29 (2); (c) paragraphs 48 (1)(a) to (e) and (g) and 52 (a) to (d) and (g); (d) sections 59 , 94 , 95 and 99 ; and (e) a provision of the regulations that is made for the purposes of any of the provisions referred to in paragraphs (a) to (d). Effect of order (2) A provision that is specified in an order made under subsection (1) does not apply to or in respect of the payment service provider or class of payment service provider specified in the order.
Retail Payment Activities Act — R-7.36 12
Objects 12 (1) The Bank’s objects under this Act are to (a) supervise payment service providers that perform retail payment activities in order to determine whether those payment service providers are in compliance with this Act; (b) promote the adoption by those payment service providers of policies and procedures that are designed to implement their obligations under this Act; and (c) monitor and evaluate trends and issues related to retail payment activities. Duty of Bank (2) In pursuing these objects, the Bank must consider the efficiency of payment services and the interests of end users.
Retail Payment Activities Act — R-7.36 13
Agreements and arrangements 13 The Bank may, for the purpose of exercising its powers or performing its duties and functions under this Act, enter into an agreement or arrangement with any government authority or regulatory body.
Retail Payment Activities Act — R-7.36 14
Guidelines — Bank 14 (1) The Bank may issue guidelines respecting the manner in which this Act, with the exception of the provisions referred to in subsection (2), is to be applied. Guidelines — Minister (2) The Minister may issue guidelines respecting the manner in which sections 32 to 47 , 72 to 75 , 96 and 98 are to be applied.
Retail Payment Activities Act — R-7.36 15
Delegation of Governor’s powers, duties and functions 15 (1) The Governor may delegate to an officer of the Bank any of the Governor’s powers, duties or functions under this Act. Notice of delegation (2) If a power, duty or function is delegated, the Bank must cause to be published in the Canada Gazette a notice that includes (a) the title of the officer to whom the power, duty or function is delegated; (b) the power, duty or function that is delegated; and (c) the day on which the delegation takes effect. Notice of revocation of delegation (3) If the Governor revokes a delegation, the Bank must cause to be published in the Canada Gazette a notice that includes the day on which the delegation ceases to have effect. Timing (4) The notice referred to in subsection (2) or (3) must be published before the day on which the delegation takes effect or ceases to have effect, as the case may be.
Retail Payment Activities Act — R-7.36 16
No liability if in good faith — Bank 16 (1) No action lies against Her Majesty in right of Canada, any officer, employee or director of the Bank or any person acting under the direction of the Governor for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed. No liability if in good faith — Minister (2) No action lies against Her Majesty in right of Canada, the Minister or any person or government authority acting under the direction of the Minister for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed.
Retail Payment Activities Act — R-7.36 17
Framework 17 (1) For the purposes of identifying and mitigating operational risks and responding to incidents, a payment service provider that performs retail payment activities must, in accordance with the regulations, establish, implement and maintain a risk management and incident response framework that meets prescribed requirements. Assessment by Bank (2) The Bank or a person designated by the Bank may assess the payment service provider’s risk management and incident response framework or any portion of it and the Bank may provide the payment service provider with a list of corrective measures that the Bank considers appropriate. Duty to assist (3) The payment service provider must give all assistance that is reasonably required to enable the Bank or the designated person to carry out an assessment referred to in subsection (2) and must provide any documents or information and access to any data that are specified by the Bank or the designated person.
Retail Payment Activities Act — R-7.36 18
Requirement to notify 18 (1) If a payment service provider that performs retail payment activities becomes aware of an incident that has a material impact on any of the following individuals or entities, the payment service provider must, without delay, notify that individual or entity and the Bank of the incident: (a) an end user; (b) a payment service provider that performs retail payment activities, whether or not this Act applies to the payment service provider; and (c) a clearing house of a clearing and settlement system , as those expressions are defined in section 2 of the Payment Clearing and Settlement Act , that is designated under subsection 4(1) of that Act. Form, manner and content of notice (2) The notice must be given in the prescribed form and manner and contain the prescribed information.
Retail Payment Activities Act — R-7.36 19
Follow-up notices 19 (1) The Bank may, by order, direct a payment service provider that has given a notice in accordance with section 18 to provide any follow-up notice that the Bank considers relevant. Content of order (2) The order must specify (a) the individuals or entities to be notified; (b) when the follow-up notice is to be given and its form and manner; and (c) the information to be contained in the notice. Compliance with order (3) The payment service provider must comply with the order.