GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
CJFTA Verification of Origin Regulations — 2
Methods in addition to verification visit 2 In addition to a verification visit, a verification of origin of goods may be conducted by reviewing the following: (a) a verification questionnaire completed by (i) the exporter or producer of the goods, or (ii) a producer or supplier of a material; (b) a written response received from a person referred to in paragraph (a) to a verification letter; or (c) any other information received from a person referred to in paragraph (a).
CJFTA Verification of Origin Regulations — 3
Verification letters and verification questionnaires 3 A verification letter or verification questionnaire must (a) identify the customs administration and specify name and title of the officer who is sending the letter or questionnaire; (b) describe the goods or materials that are the subject of the verification of origin; and (c) specify the period within which the letter must be answered or the questionnaire must be completed and returned, which must be a minimum of 30 days beginning on the day on which the letter or the questionnaire is received.
CJFTA Verification of Origin Regulations — 4
Extension of time 4 A person who receives a verification letter or verification questionnaire may, on a single occasion and within the period specified in the letter or questionnaire, make a written request asking for an extension of that period to the customs administration. The extension may be granted for a further period of not more than 30 days.
CJFTA Verification of Origin Regulations — 5
Premises 5 The premises or place in Jordan of the following persons are prescribed premises or place for the purposes of a verification visit: (a) an exporter or producer of goods; and (b) a producer or supplier of a material.
CJFTA Verification of Origin Regulations — 6
Conditions 6 (1) An officer may only conduct a verification visit if the following conditions are met: (a) the officer sends a written notice of their intention to conduct the visit to (i) the person whose premises or place are to be the subject of the visit, (ii) the competent authority, and (iii) if requested by Jordan, the Embassy of Jordan that is located in Canada; and (b) the person whose premises or place are to be the subject of the visit consents in writing to it. Written notice (2) The written notice of the verification visit must specify (a) the identity of the customs administration on whose behalf the notice is sent; (b) the name and title of the officer who is to conduct the visit; (c) the name of the person whose premises or place are to be the subject of the visit; (d) the date and the place of the visit; (e) the object and scope of the visit, including a description of the goods or materials that are the subject of the verification of origin; and (f) the legal authority for the visit.
CJFTA Verification of Origin Regulations — 7
Postponement 7 (1) A person who receives a notice under subparagraph 6(1)(a)(i) may, on a single occasion and within 15 days after the day on which the notice is received, request a postponement of the verification visit by sending a written request for postponement to the officer who sent the notice. Maximum period (2) The postponement may be for a period not exceeding 60 days beginning on the day on which the notice is received or for any longer period that is agreed to by the customs administration. Postponement (3) The verification visit is postponed if, within 15 days after the day on which the competent authority receives the notice under subparagraph 6(1)(a)(ii), Jordan sends a written request for the postponement to the officer who sent the notice. Maximum period (4) The postponement may be for a period not exceeding 60 days beginning on the day on which the notice is received, or for any longer period that is agreed to by the customs administration and Jordan.
CJFTA Verification of Origin Regulations — 8
Observers 8 (1) A person who receives a notice under subparagraph 6(1)(a)(i) may designate two observers to be present during the verification visit. Observers’ role (2) The observers’ participation is limited to observation. Identification of observers (3) A person who designates observers must identify them to the officer who is conducting the verification visit.
CJFTA Verification of Origin Regulations — 9
Requirements — exporter and producer 9 (1) For the purpose of subsection 42.1(2) of the Act, the exporter and the producer of goods are, in respect of a verification of origin under paragraph 42.1(1)(a) of the Act, required to (a) maintain records relevant to the determination of origin with respect to the goods that, in accordance with the applicable laws of the country in which the verification of origin is conducted, are required to be maintained in accordance with those laws; (b) provide the officer who is conducting the verification of origin with access to the records; and (c) reply to each verification letter or complete and return each verification questionnaire to the officer within the period specified under paragraph 3(c) or section 4, as the case may be. Consent to verification visit (2) For the purpose of subsection 42.1(2) of the Act, consent to the verification visit must be provided in writing by the exporter or producer within 30 days after the day on which the notice that is sent in accordance with subparagraph 6(1)(a)(i) is received.
CJFTA Verification of Origin Regulations — 10
Notice of re-determination of origin 10 (1) An officer must send a written notice of the intent to re-determine the origin of goods under subsection 59(1) of the Act with a statement that is provided to an exporter or producer of goods under subsection 42.2(1) of the Act and that indicates that the goods that are the subject of a verification of origin are not eligible for preferential tariff treatment under CJFTA. Notice’s content (2) The written notice must specify the day beginning on which preferential tariff treatment under CJFTA may be denied or withdrawn in respect of the goods that are the subject of the verification of origin and the period during which the exporter or producer of the goods may provide written comments or additional information regarding the origin of those goods.
CJFTA Verification of Origin Regulations — 11
Means of transmission 11 A verification letter, a verification questionnaire and the notices referred to in paragraph 6(1)(a) and section 10 must be sent by a means that produces confirmation of receipt.
CJFTA Verification of Origin Regulations — 12
October 1, 2012 12 These Regulations are deemed to have come into force on October 1, 2012.
Commissioner’s Standing Orders (Grievances and Appeals) — a
The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(h) a and (m) a , sections 36 b and 39.1 c and subsection 47.1(3) d of the Royal Canadian Mounted Police Act e , makes the annexed Commissioner’s Standing Orders (Grievances and Appeals) . a S.C. 2013, c. 18, s. 14(2) b S.C. 2013, c. 18, s. 24 c S.C. 2013, c. 18, s. 29 d S.C. 2013, c. 18, s. 37 e R.S., c. R-10
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
Ottawa, November 28, 2014 BOB PAULSON Commissioner of the Royal Canadian Mounted Police
Commissioner’s Standing Orders (Grievances and Appeals) — 1
Definitions 1 The following definitions apply in these Standing Orders. Act means the Royal Canadian Mounted Police Act . ( Loi ) document has the same meaning as in section 40.1 of the Act. ( document ) informal resolution process means a process used by the parties to resolve a dispute informally and includes the informal conflict management system established under section 30.2 of the Act. ( processus de règlement informel ) OCGA means the office responsible for the coordination of administrative matters relating to grievances and appeals in the Force. ( BCGA ) Regulations means the Royal Canadian Mounted Police Regulations, 2014 . ( Règlement )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
Act means the Royal Canadian Mounted Police Act . ( Loi )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
document has the same meaning as in section 40.1 of the Act. ( document )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
informal resolution process means a process used by the parties to resolve a dispute informally and includes the informal conflict management system established under section 30.2 of the Act. ( processus de règlement informel )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
OCGA means the office responsible for the coordination of administrative matters relating to grievances and appeals in the Force. ( BCGA )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
Regulations means the Royal Canadian Mounted Police Regulations, 2014 . ( Règlement )
Commissioner’s Standing Orders (Grievances and Appeals) — 1.1
Definition of standardized test 1.1 For the purpose of subsection 31(4.2) of the Act, standardized test means a test that is used by the Force to assess an individual’s behaviour, knowledge and experience in order to evaluate job-relevant competencies, and includes the marking scheme, the answer key and any materials prepared for the purpose of developing the test. The content of the test must be equivalent for all test-takers, be administered according to standard instructions and procedures and be scored according to a set protocol. SOR/2022-259, s. 1
Commissioner’s Standing Orders (Grievances and Appeals) — 2
Definitions 2 The following definitions apply in this Part. adjudicator means a person constituting the initial level or the final level. ( arbitre ) final level means the final level in the grievance process. ( dernier niveau ) grievance means a grievance presented under section 31 of the Act. ( grief ) grievor means a member who presents a grievance. ( plaignant ) initial level means the initial level in the grievance process. ( premier niveau ) parties means the grievor and the respondent. ( parties ) respondent means (a) in the case of a grievance that has not been consolidated with any other grievance, the person who made the decision, did the act or made the omission that is the subject of the grievance or, if that person is absent or unable to act, the person who replaces them or, in the absence of a replacement, the person designated by the adjudicator who is considering the grievance; or (b) in the case of a grievance that has been consolidated with another grievance, the person designated under paragraph 10 (c) or (d). ( intimé )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
adjudicator means a person constituting the initial level or the final level. ( arbitre )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
final level means the final level in the grievance process. ( dernier niveau )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
grievance means a grievance presented under section 31 of the Act. ( grief )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
grievor means a member who presents a grievance. ( plaignant )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
initial level means the initial level in the grievance process. ( premier niveau )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
parties means the grievor and the respondent. ( parties )
Commissioner’s Standing Orders (Grievances and Appeals) — (a)
respondent means (a) in the case of a grievance that has not been consolidated with any other grievance, the person who made the decision, did the act or made the omission that is the subject of the grievance or, if that person is absent or unable to act, the person who replaces them or, in the absence of a replacement, the person designated by the adjudicator who is considering the grievance; or (b) in the case of a grievance that has been consolidated with another grievance, the person designated under paragraph 10 (c) or (d). ( intimé )
Commissioner’s Standing Orders (Grievances and Appeals) — 3
Initial level 3 (1) The persons who constitute the initial level are the persons who perform the functions of a level 1 in the Force. Initial level — three persons (2) For the purpose of subsection 6 (1), all combinations of any three persons who perform the functions of a level 1 in the Force constitute the initial level.
Commissioner’s Standing Orders (Grievances and Appeals) — 5
Limitations under subsection 31(4) of Act 5 For the purpose of the limitations referred to in subsection 31(4) of the Act, a member is not entitled to be granted access to written or documentary information (a) the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act , or to the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection; (b) the disclosure of which could reasonably be expected to be injurious to law enforcement; (c) the disclosure of which is contrary to a provision of any contract entered into by the Crown; (d) about a person’s financial or personal affairs if the person’s interest or security outweighs the member’s interest in the information; or (e) the disclosure of which is prohibited by law.
Commissioner’s Standing Orders (Grievances and Appeals) — 6
Initial level panel 6 (1) The Commissioner may designate a person to select any three-person combination described in subsection 3 (2) as a panel. Panel selection (2) The designated person may select the panel for the purpose of hearing a grievance in the following circumstances: (a) the decision, act or omission giving rise to the grievance is likely to be the subject of numerous grievances; (b) the relevant law or the relevant Treasury Board or Force policy is vague or ambiguous; or (c) the relevant law is contradictory, or the relevant Treasury Board or Force policy is contradictory or internally inconsistent. Chairperson (3) The designated person must designate one of the three persons to be the chairperson of the panel. The chairperson is responsible for its day-to-day management, including the management of communications between the panel and the OCGA and the panel and the parties. Panel decision (4) Matters before a panel are decided by a majority of the members of the panel. The chairperson has a second vote in the case of a tie.
Commissioner’s Standing Orders (Grievances and Appeals) — 7
Initial level grievance 7 (1) A grievor presents a grievance at the initial level by filing a grievance form with the OCGA or the grievor’s supervisor that includes the following information: (a) the grievor’s name and employee number; (b) particulars concerning the decision, act or omission that is the subject of the grievance and the name of the person the grievor believes made the decision, did the act or made the omission; (c) the date on which the grievor knew of the decision, act or omission; (d) a concise statement of the grounds on which the grievance is based; (e) particulars concerning the prejudice the grievor claims to have suffered as a result of the decision, act or omission; and (f) particulars concerning the redress requested. Final level grievance (2) A grievor presents a grievance at the final level by filing with the OCGA or the grievor’s supervisor (a) a grievance form that includes the following information: (i) the reasons why the grievor is presenting the grievance at the final level and, in particular, the reasons why the decision rendered by the adjudicator at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable, and (ii) particulars concerning the redress requested; and (b) a copy of the decision rendered by the adjudicator at the initial level as to the disposition of the grievance. Transmission of grievance (3) A supervisor presented with a grievance form must forward it, together with any request submitted under subsection 8 (1), to the OCGA as soon as feasible. Transmission of copy of grievance (4) The OCGA must forward a copy of any grievance form that it receives to the respondent and to the person who holds the first position of officer or its equivalent in the respondent’s chain of command, or to the person named in the decision rendered under subsection 8 (3).
Commissioner’s Standing Orders (Grievances and Appeals) — 8
Request to not forward 8 (1) A grievor who wishes to object to a copy of the grievance form referred to in subsection 7 (1) being forwarded to the person who holds the first position of officer or its equivalent in the respondent’s chain of command must, when they present their grievance, submit to the OCGA a written request not to forward it that includes supporting reasons. Transmission of request (2) The OCGA must forward the request and a copy of the grievance form to the adjudicator who is considering the grievance. Decision on request (3) The adjudicator must render a decision on the request, including reasons for the decision, as soon as feasible, and send the decision to the OCGA. If the adjudicator allows the request, they must name in the decision an appropriate person for the purpose of receiving a copy of the grievance form. Service of decision (4) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties.
Commissioner’s Standing Orders (Grievances and Appeals) — 9
Informal resolution 9 (1) As soon as feasible after receiving a copy of a grievance form, the respondent must contact the grievor to discuss an informal resolution of the grievance. Refusal to discuss grievance (2) If the grievor refuses to discuss the grievance, or any aspect of it, with a view to resolving it informally, the respondent must provide written notice of that fact to the OCGA and cause a copy of it to be served on the grievor. Continuing resolution (3) The parties may, until the adjudicator disposes of the grievance in writing, continue to attempt to resolve the matters in dispute by way of an informal resolution process. Agreements for informal resolution (4) On request by a party, the adjudicator who is considering a grievance may (a) review a proposed agreement for the informal resolution of the grievance; (b) approve an agreement by the parties for the informal resolution of the grievance; and (c) resolve any issues or concerns relating to the implementation of the agreement. Communications confidential and without prejudice (5) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is (a) agreed to by the parties; (b) required by law; (c) required for the purpose of reaching or implementing an agreement made as a part of the process; or (d) required to protect the health or safety of any person.
Commissioner’s Standing Orders (Grievances and Appeals) — 10
Adjudicator’s powers 10 An adjudicator, when considering a grievance, has the power to decide all matters related to the grievance, including the power (a) to dismiss it if it is moot, frivolous, vexatious or an abuse of process, or has already been adjudicated; (b) to render a single decision in respect of the grievance and any other substantially similar grievance that is being considered by the adjudicator; (c) to consolidate the grievance of a grievor with the grievance of any other grievor that is being considered by the adjudicator, with the consent of the grievors, and to designate the respondent for the consolidated grievance; (d) to consolidate the grievance with any other grievance of the grievor that is being considered by the adjudicator and to designate the respondent for the consolidated grievance; (e) to sever the grievance into two or more distinct grievances; and (f) to decide whether any written or documentary information to which the grievor has requested access is a standardized test or the information referred to in section 5 .
Commissioner’s Standing Orders (Grievances and Appeals) — 11
Conduct of grievance 11 (1) An adjudicator must render their decision in respect of a grievance or any matter arising in the context of the grievance as informally and expeditiously as the principles of procedural fairness permit. Matters not provided for (2) If any matter arises in the context of a grievance that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the adjudicator may give any direction that is appropriate. Power to remedy — non-compliance (3) The adjudicator may remedy any failure by any party to comply with any provision of this Part.
Commissioner’s Standing Orders (Grievances and Appeals) — 12
Case conference 12 (1) An adjudicator who is considering a grievance or any matter arising in the context of a grievance may, on their own initiative or at the request of a party, hold a case conference to discuss the grievance or matter. Communications confidential and without prejudice (2) Any communications that pass among persons as a part of a case conference are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is (a) agreed to by the parties; (b) required by law; (c) required for the purpose of reaching or implementing an agreement made as a part of the conference; or (d) required to protect the health or safety of any person. Adjudicator not barred (3) An adjudicator who holds a case conference is not prevented from exercising any of their other powers.
Commissioner’s Standing Orders (Grievances and Appeals) — 13
Submissions 13 (1) The parties may make submissions on any matter in dispute in respect of the grievance. Types of submissions (2) An adjudicator who is considering the grievance or any matter arising in the context of the grievance is responsible for deciding how and when the submissions may be made. Decision in absence of submissions (3) The adjudicator may render a decision on a matter in dispute in respect of the grievance in the absence of submissions from one or both of the parties if reasonable notice has been provided to them as to how and when submissions may be made in respect of the matter.
Commissioner’s Standing Orders (Grievances and Appeals) — 14
Withdrawal of grievance 14 A grievor may withdraw their grievance by written notice to the OCGA before it is disposed of in writing.
Commissioner’s Standing Orders (Grievances and Appeals) — 15
Evidence 15 An adjudicator, when considering a grievance or any matter arising in the context of a grievance, may accept any evidence submitted by a party.