GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Extractive Sector Transparency Measures Act — E-22.7 23
Regulations 23 (1) The Governor in Council may make regulations, for carrying the purposes and provisions of this Act into effect, including regulations (a) defining exploration and extraction ; (b) respecting the circumstances in which any of the provisions of this Act do not apply to entities, payments or payees; (c) prescribing the circumstances in which an entity is controlled by another entity; (d) for the purposes of subsection 9(2), respecting the payments that are to be disclosed under subsection 9(1); (e) prescribing the rate of exchange for the conversion of payments into Canadian dollars; (f) respecting the information that must be made available to the public under section 12; (g) respecting the records to be kept for the purposes of section 13 and the manner in which they are to be kept; (h) prescribing anything that may, by this Act, be prescribed; and (i) prescribing the way in which anything that may be prescribed is to be determined. Incorporation by reference (2) Regulations made under this section may, in whole or in part, incorporate by reference, as it is amended from time to time or as it exists on a particular date, (a) a document produced by a person or body other than the Minister; or (b) a technical or explanatory document produced by the Minister, including specifications, classifications, illustrations, graphs, test methods, procedures, operational stand­ards and performance standards. Accessibility (3) The Minister is to ensure that any document that is incorporated by reference in the regulations is accessible. Not liable to be found guilty (4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulations is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person. Registration or publication not required (5) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.
Extractive Sector Transparency Measures Act — E-22.7 24
Offence 24 (1) Every person or entity that fails to comply with section 9, 12 or 13, an order made under section 14, subsection 16(4) or an order made under section 19, or that contravenes section 18 or the regulations, is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000. False or misleading statement or information (2) Every person or entity that knowingly makes any false or misleading statement or knowingly provides false or misleading information — including with respect to the category of payment in respect of which a payment was made — to the Minister or a person designated under section 15 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000. Avoidance (3) Every entity is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000 if it structures any payments — or any other financial obligations or gifts, whether monetary or in kind, that relate to its commercial development of oil, gas or minerals — with the intention of avoiding the requirement to report those payments, obligations or gifts in accordance with this Act. Continuing offence (4) If an offence under this section is committed or continued on more than one day, it constitutes a separate offence for each day on which the offence is committed or continued.
Extractive Sector Transparency Measures Act — E-22.7 25
Liability of officers, directors, etc. 25 If a person or an entity commits an offence under this Act, any officer, director or agent or mandatary of the person or entity who directed, authorized, assented to, acquiesced in or participated in its commission is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the person or entity has been prosecuted or convicted.
Extractive Sector Transparency Measures Act — E-22.7 26
Offence by employee or agent or mandatary 26 In a prosecution for an offence under subsection 24(1), (a) it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence; and (b) no person or entity is to be found guilty of the offence if they establish that they exercised due diligence to prevent its commission.
Extractive Sector Transparency Measures Act — E-22.7 27
Time limitation 27 Proceedings under this Act may be instituted within, but not after, five years after the time when the subject matter of the proceedings arose.
Extractive Sector Transparency Measures Act — E-22.7 28
Admissibility of evidence 28 (1) In proceedings for an offence under this Act, a document that is purported to have been signed by the Minister or a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Copies and extracts (2) In proceedings for an offence under this Act, a copy of or an extract from any document that is made by the Minister or a designated person that appears to have been certified under the signature of the Minister or that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Presumed date of issue (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears. Notice (4) No document referred to in this section is to be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.
Extractive Sector Transparency Measures Act — E-22.7 29
Aboriginal government in Canada 29 The provisions of this Act do not apply to any payment made by an entity to the following payees during the two-year period that begins on the day on which section 2 comes into force: (a) an Aboriginal government in Canada; (b) a body established by two or more Aboriginal governments in Canada; and (c) any trust, board, commission, corporation or body or authority that is established to exercise or perform, or that exercises or performs, a power, duty or function of government for a government referred to in paragraph (a) or a body referred to in paragraph (b).
Extractive Sector Transparency Measures Act — E-22.7 30
Past and current financial years 30 No entity is required to comply with section 9, 12 or 13 with respect to the financial year in progress on the day on which section 9 comes into force and for any previous financial year.
Extradition Act — E-23.01
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Extradition Act — E-23.01 1
Short title 1 This Act may be cited as the Extradition Act .
Extradition Act — E-23.01 2
Definitions 2 The definitions in this section apply in this Act. Attorney General means the Attorney General of Canada. ( procureur général ) court means (a) in Ontario, the Ontario Court (General Division); (b) in Quebec, the Superior Court; (c) in New Brunswick, Manitoba, Alberta and Saskatchewan, the Court of Queen’s Bench; (d) in Nova Scotia, British Columbia, Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; and (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court. ( tribunal ) court of appeal means (a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court; and (b) in all other provinces, the Court of Appeal. ( cour d’appel ) extradition agreement means an agreement that is in force, to which Canada is a party and that contains a provision respecting the extradition of persons, other than a specific agreement. ( accord ) extradition partner means a State or entity with which Canada is party to an extradition agreement, with which Canada has entered into a specific agreement or whose name appears in the schedule. ( partenaire ) International Criminal Court means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act . ( Cour pénale internationale ) judge means a judge of the court. ( juge ) justice has the same meaning as in section 2 of the Criminal Code . ( juge de paix ) Minister means the Minister of Justice. ( ministre ) specific agreement means an agreement referred to in section 10 that is in force. ( accord spécifique ) State or entity means (a) a State other than Canada; (b) a province, state or other political subdivision of a State other than Canada; (c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a State other than Canada; (d) an international criminal court or tribunal; or (e) a territory. ( État ou entité ) 1999, c. 18, s. 2; 2000, c. 24, s. 47; 2002, c. 7, s. 169
Extradition Act — E-23.01
Attorney General means the Attorney General of Canada. ( procureur général )
Extradition Act — E-23.01 (a)
court means (a) in Ontario, the Ontario Court (General Division); (b) in Quebec, the Superior Court; (c) in New Brunswick, Manitoba, Alberta and Saskatchewan, the Court of Queen’s Bench; (d) in Nova Scotia, British Columbia, Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; and (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court. ( tribunal )
Extradition Act — E-23.01 (a)
court of appeal means (a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court; and (b) in all other provinces, the Court of Appeal. ( cour d’appel )
Extradition Act — E-23.01
extradition agreement means an agreement that is in force, to which Canada is a party and that contains a provision respecting the extradition of persons, other than a specific agreement. ( accord )
Extradition Act — E-23.01
extradition partner means a State or entity with which Canada is party to an extradition agreement, with which Canada has entered into a specific agreement or whose name appears in the schedule. ( partenaire )
Extradition Act — E-23.01
International Criminal Court means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act . ( Cour pénale internationale )
Extradition Act — E-23.01
judge means a judge of the court. ( juge )
Extradition Act — E-23.01
justice has the same meaning as in section 2 of the Criminal Code . ( juge de paix )
Extradition Act — E-23.01
Minister means the Minister of Justice. ( ministre )
Extradition Act — E-23.01
specific agreement means an agreement referred to in section 10 that is in force. ( accord spécifique )
Extradition Act — E-23.01 (a)
State or entity means (a) a State other than Canada; (b) a province, state or other political subdivision of a State other than Canada; (c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a State other than Canada; (d) an international criminal court or tribunal; or (e) a territory. ( État ou entité )
Extradition Act — E-23.01 3
General principle 3 (1) A person may be extradited from Canada in accordance with this Act and a relevant extradition agreement on the request of an extradition partner for the purpose of prosecuting the person or imposing a sentence on — or enforcing a sentence imposed on — the person if (a) subject to a relevant extradition agreement, the offence in respect of which the extradition is requested is punishable by the extradition partner, by imprisoning or otherwise depriving the person of their liberty for a maximum term of two years or more, or by a more severe punishment; and (b) the conduct of the person, had it occurred in Canada, would have constituted an offence that is punishable in Canada, (i) in the case of a request based on a specific agreement, by imprisonment for a maximum term of five years or more, or by a more severe punishment, and (ii) in any other case, by imprisonment for a maximum term of two years or more, or by a more severe punishment, subject to a relevant extradition agreement. Conduct determinative (2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the extradition partner in the same way as it is in Canada. Extradition of a person who has been sentenced (3) Subject to a relevant extradition agreement, the extradition of a person who has been sentenced to imprisonment or another deprivation of liberty may only be granted if the portion of the term remaining is at least six months long or a more severe punishment remains to be carried out.
Extradition Act — E-23.01 4
Further proceedings 4 For greater certainty, the discharge of a person under this Act or an Act repealed by section 129 or 130 does not preclude further proceedings, whether or not they are based on the same conduct, with a view to extraditing the person under this Act unless the judge is of the opinion that those further proceedings would be an abuse of process.
Extradition Act — E-23.01 5
Jurisdiction 5 A person may be extradited (a) whether or not the conduct on which the extradition partner bases its request occurred in the territory over which it has jurisdiction; and (b) whether or not Canada could exercise jurisdiction in similar circumstances.
Extradition Act — E-23.01 6
Retrospectivity 6 Subject to a relevant extradition agreement, extradition may be granted under this Act whether the conduct or conviction in respect of which the extradition is requested occurred before or after this Act or the relevant extradition agreement or specific agreement came into force.
Extradition Act — E-23.01 6.1
No immunity 6.1 Despite any other Act or law, no person who is the subject of a request for surrender by the International Criminal Court or by any international criminal tribunal that is established by resolution of the Security Council of the United Nations and whose name appears in the schedule, may claim immunity under common law or by statute from arrest or extradition under this Act. 2000, c. 24, s. 48
Extradition Act — E-23.01 7
Functions of the Minister 7 The Minister is responsible for the implementation of extradition agreements, the administration of this Act and dealing with requests for extradition made under them.
Extradition Act — E-23.01 8
Publication in Canada Gazette 8 (1) Unless the extradition agreement has been published under subsection (2), an extradition agreement — or the provisions respecting extradition contained in a multilateral extradition agreement — must be published in the Canada Gazette no later than 60 days after it comes into force. Publication in Canada Treaty Series (2) An extradition agreement — or the provisions respecting extradition contained in a multilateral extradition agreement — may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after it comes into force. Judicial notice (3) Agreements and provisions published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.
Extradition Act — E-23.01 9
Designated extradition partners 9 (1) The names of members of the Commonwealth or other States or entities that appear in the schedule are designated as extradition partners. Amendments to the schedule (2) The Minister of Foreign Affairs, with the agreement of the Minister, may, by order, add to or delete from the schedule the names of members of the Commonwealth or other States or entities.
Extradition Act — E-23.01 10
Specific agreements 10 (1) The Minister of Foreign Affairs may, with the agreement of the Minister, enter into a specific agreement with a State or entity for the purpose of giving effect to a request for extradition in a particular case. Inconsistency (2) For greater certainty, if there is an inconsistency between this Act and a specific agreement, this Act prevails to the extent of the inconsistency. Evidence (3) A certificate issued by or under the authority of the Minister of Foreign Affairs to which is attached a copy of a specific agreement entered into by Canada and a State or entity is conclusive evidence of the agreement and its contents without proof of the signature or official character of the person appearing to have signed the certificate or agreement.
Extradition Act — E-23.01 11
Request to go to Minister 11 (1) A request by an extradition partner for the provisional arrest or extradition of a person shall be made to the Minister. Provisional arrest request to go to Minister (2) A request by an extradition partner for the provisional arrest of a person may also be made to the Minister through Interpol.
Extradition Act — E-23.01 12
Minister’s approval of request for provisional arrest 12 The Minister may, after receiving a request by an extradition partner for the provisional arrest of a person, authorize the Attorney General to apply for a provisional arrest warrant, if the Minister is satisfied that (a) the offence in respect of which the provisional arrest is requested is punishable in accordance with paragraph 3(1)(a); and (b) the extradition partner will make a request for the extradition of the person.
Extradition Act — E-23.01 13
Provisional arrest warrant 13 (1) A judge may, on ex parte application of the Attorney General, issue a warrant for the provisional arrest of a person, if satisfied that there are reasonable grounds to believe that (a) it is necessary in the public interest to arrest the person, including to prevent the person from escaping or committing an offence; (b) the person is ordinarily resident in Canada, is in Canada or is on the way to Canada; and (c) a warrant for the person’s arrest or an order of a similar nature has been issued or the person has been convicted. Contents of the warrant (2) A provisional arrest warrant must (a) name or describe the person to be arrested; (b) set out briefly the offence in respect of which the provisional arrest was requested; and (c) order that the person be arrested without delay and brought before the judge who issued the warrant or before another judge in Canada. Execution throughout Canada (3) A provisional arrest warrant may be executed anywhere in Canada without being endorsed.
Extradition Act — E-23.01 14
Discharge if no proceedings 14 (1) A person who has been provisionally arrested, whether detained or released on judicial interim release, must be discharged (a) when the Minister notifies the court that an authority to proceed will not be issued under section 15; (b) if the provisional arrest was made pursuant to a request made under an extradition agreement that contains a period within which a request for extradition must be made and the supporting documents provided, (i) when the period has expired and the extradition partner has not made the request or provided the documents, or (ii) when the request for extradition has been made and the documents provided within the period but the Minister has not issued an authority to proceed before the expiry of 30 days after the expiry of that period; or (c) if the provisional arrest was not made pursuant to a request made under an extradition agreement or was made pursuant to an extradition agreement that does not contain a period within which a request for extradition must be made and the supporting documents provided, (i) when 60 days have expired after the provisional arrest and the extradition partner has not made the request or provided the documents, or (ii) when the request for extradition has been made and the documents provided within 60 days but the Minister has not issued an authority to proceed before the expiry of 30 additional days. Extension (2) On application of the Attorney General, a judge (a) may extend a period referred to in subsection (1); or (b) shall, in the case of a person arrested on the request of the International Criminal Court, extend a period referred to in subsection (1) for the period specified by the Attorney General, not to exceed 30 days. Release of person (3) In extending a period under subsection (2), the judge may also grant the person judicial interim release or vary the conditions of their judicial interim release. 1999, c. 18, s. 14; 2000, c. 24, s. 49
Extradition Act — E-23.01 15
Minister’s power to issue 15 (1) The Minister may, after receiving a request for extradition and being satisfied that the conditions set out in paragraph 3(1)(a) and subsection 3(3) are met in respect of one or more offences mentioned in the request, issue an authority to proceed that authorizes the Attorney General to seek, on behalf of the extradition partner, an order of a court for the committal of the person under section 29. Competing requests (2) If requests from two or more extradition partners are received by the Minister for the extradition of a person, the Minister shall determine the order in which the requests will be authorized to proceed. Contents of authority to proceed (3) The authority to proceed must contain (a) the name or description of the person whose extradition is sought; (b) the name of the extradition partner; and (c) the name of the offence or offences under Canadian law that correspond to the alleged conduct of the person or the conduct in respect of which the person was convicted, as long as one of the offences would be punishable in accordance with paragraph 3(1)(b). Copy of authority to proceed (4) A copy of an authority to proceed produced by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Part.
Extradition Act — E-23.01 16
Warrant of arrest or summons 16 (1) The Attorney General may, after the Minister issues an authority to proceed, apply ex parte to a judge in the province in which the Attorney General believes the person is or to which the person is on their way, or was last known to be, for the issuance of a summons to the person or a warrant for the arrest of the person. When provisionally arrested (2) If the person has been arrested pursuant to a provisional arrest warrant issued under section 13, the Attorney General need not apply for a summons or warrant under subsection (1). Issuance of summons or warrant of arrest (3) The judge to whom an application is made shall issue a summons to the person, or a warrant for the arrest of the person, in accordance with subsection 507(4) of the Criminal Code , with any modifications that the circumstances require. Execution throughout Canada (4) A warrant that is issued under this section may be executed, and a summons issued under this section may be served, anywhere in Canada without being endorsed. Date of hearing — summons (5) A summons that is issued under this section must (a) set a date for the appearance of the person before a judge that is not later than 15 days after its issuance; and (b) require the person to appear at a time and place stated in it for the purposes of the Identification of Criminals Act . Effect of appearance (6) A person appearing as required by subsection (5) is considered, for the purposes only of the Identification of Criminals Act , to be in lawful custody charged with an indictable offence.