GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
NFPMC General Rules of Procedure — 22
22 (1) Subject to subsection (2), service of any notice or other document shall be by personal service, in which case service shall be on the date of delivery, or by mail, in which case the date of service shall be the date the notice or other document is deposited in a post office. (2) Proof of service by affidavit shall, at the request of the Council, be filed with the Secretary in respect of any document required to be served. (3) Documents to be served on the Council may be personally served at its offices in the National Capital Region described in the schedule to the National Capital Act .
NFPMC General Rules of Procedure — 23
23 (1) The Council may at any time require the whole or any part of any application, reply, intervention or submission filed with the Secretary to be supported by affidavit or require proof of the fact that notice of or a copy of any such application, reply, intervention or submission has been given or sent in the manner required by these Rules, by giving notice to that effect to the person by or on behalf of whom the application, reply, intervention or submission was filed. (2) Where a person who has been notified in accordance with subsection (1) fails to comply with the terms of the notice, the Council may set aside the application, reply, intervention or submission or any part thereof that is not supported or proved in accordance with the notice. (3) Where in any case an affidavit referred to in subsection (1) is made as to belief, the grounds on which the belief is based shall be stated in the affidavit.
NFPMC General Rules of Procedure — 24
24 (1) The Council may, at any time, allow the whole or any part of any application, reply, intervention or submission filed with the Secretary to be amended on such terms and conditions, including conditions as to notice, as the Council considers appropriate in the circumstances, and the Council may order to be amended or struck out any matter that, in its opinion, may prejudice, embarrass or delay a fair hearing of the case on its merits. (2) The Council may order amendments to any application, reply, intervention or submission filed with the Secretary as may be necessary for the purpose of hearing and determining the question in issue between the parties. (3) No proceeding shall be defeated by any objections based solely on defects in form.
NFPMC General Rules of Procedure — 25
25 (1) The Council may, at any time, add a party to the proceedings before it. (2) The Council may summon or subpoena a person to testify under oath or to produce any document or thing relevant to the proceedings. (3) A summons and subpoena shall be in the forms set out in Schedules I and II respectively, and shall be signed by the chairman of the Council or the Secretary. (4) A summons or subpoena may be served and shall have effect anywhere in Canada.
NFPMC General Rules of Procedure — 26
26 The Council may appoint a person to take evidence and report to the Council.
NFPMC General Rules of Procedure — 27
27 (1) Where in a proceeding before the Council any order has been made under these Rules or under any other rule or any direction, order or regulation of the Council or under the Act requiring a person to furnish information or documents, the Council may order a stay of proceedings therein until such time as the information or documents so required have been filed with the Secretary. (2) Where the Council directs an inquiry to be made into any matter relating to an application or complaint, the Secretary shall give such notice thereof to the parties in the proceeding as Council may designate and the Council may order a stay of proceedings therein for such time as the Council deems appropriate in the circumstances.
NFPMC General Rules of Procedure — 28
28 Where it appears to the Council that any statement or information contained in any application, reply, intervention or submission does not sufficiently disclose the issues of fact in dispute, or to be defined, between the parties in the proceeding, the Council may direct the parties to prepare an issue, and such issue shall, if the parties do not agree to the issues of fact in dispute, or to be defined, between them, be settled by the Council either before the hearing to be held in respect of that application or during the course of the hearing.
NFPMC General Rules of Procedure — 29
29 (1) Where it appears to the Council in any proceeding that there is a question of law, jurisdiction, practice or procedure that it would be convenient to have decided before proceeding further with the proceeding, the Council may make a decision on the question. (2) The Council may, while making a decision on a question referred to in subsection (1), order the whole or any portion of the proceeding before it to be stayed.
NFPMC General Rules of Procedure — 30
30 The Council may, in any proceeding, direct orally or in writing the parties or their agents to appear before a member of the Council or the Secretary at a specified time and place for a conference or, in lieu of appearing personally, to make submissions in writing for the purpose of formulating issues and considering (a) the simplification of issues; (b) the necessity or desirability of amending the application, reply, intervention or submission for the purpose of clarification, amplification or limitation; (c) the admission of certain facts or the proof of them by affidavit or the use by any party of documents of a public nature; (d) the procedure to be followed at the hearing; (e) the mutual exchange between the parties of documents and exhibits proposed to be submitted at the hearing; and (f) such other matters as may aid in the simplification of the evidence and the disposition of the proceeding.
NFPMC General Rules of Procedure — 31
31 (1) Any party to a proceeding may, at any time before the hearing commences, give notice in writing to any other party, in whose application, reply, intervention, submission or response to an interrogatory, reference has been made to a document to produce that document for inspection by the party giving the notice or his agent and to permit him or his agent to make copies thereof. (2) Any party to a proceeding who fails to comply with a notice given to him pursuant to subsection (1) within 10 days from the receipt thereof shall not thereafter be permitted to put the document referred to in the notice in evidence on his behalf in the proceeding unless the Council directs otherwise or he satisfies the Council that he had sufficient cause for not complying with the notice.
NFPMC General Rules of Procedure — 32
32 Unless otherwise specified in these Rules or by Council, the production and inspection of documents and the attendance of witnesses in proceedings before the Council shall be enforced in the same manner as in the Federal Court of Canada.
NFPMC General Rules of Procedure — 33
33 Where in any proceeding the Council permits interrogatories to be directed to a party, such interrogatories shall be (a) addressed to that party; (b) numbered consecutively; (c) identified with a designation in the form of the following example: “CCMA (CAC) 15 Jan. 82-103” where, (i) the first four letters are an abbreviation or a name, as the case may be, for the party from whom the response is sought, (ii) the letters in parentheses are an abbreviation for the party seeking the response, (iii) the date is the date on which the interrogatory was sent, and (iv) the final number is the number of the particular interrogatory; and (d) served within the time limit directed by the Council.
NFPMC General Rules of Procedure — 34
34 (1) Subject to subsection (2), where in any proceeding the Council permits interrogatories to be directed to a party and interrogatories have been served on the party within the time limit directed by the Council, the party shall, (a) within the time limit directed by the Council, provide a full and adequate response to each interrogatory on a separate page or pages headed with the designation described in section 33 for each interrogatory; and (b) file a copy of the response with the Secretary. (2) A party who is unable or unwilling to provide a full and adequate response to an interrogatory shall, (a) where the party contends that the interrogatory is not relevant, provide a response that sets out reasons in support of that contention, (b) where the party contends that the information necessary to provide a response is not available, provide a response that sets out the reasons for the unavailability of such information and provide alternative available information that the party considers would be of assistance to the person directing the interrogatory, or (c) where the party contends that the information sought is of a confidential nature, provide a response that sets out the reasons therefor as required by subsection 35(2), and file with the Secretary a copy of the response provided.
NFPMC General Rules of Procedure — 36
36 A hearing shall ordinarily be held in the city of Ottawa, but may be held in such other places in Canada as the Council deems necessary or desirable for the proper conduct of its business.
NFPMC General Rules of Procedure — 37
37 A hearing shall proceed from day to day but may be adjourned from time to time by order or with the authority of the Council.
NFPMC General Rules of Procedure — 38
38 (1) The Council may direct that, at any hearing, submissions of any party to the hearing may be made in either a partial or complete public forum or in camera . (2) Unless otherwise prescribed by these Rules or by Council, in its absolute discretion either before or during a hearing, the attendance and examination of witnesses in proceedings before the Council shall be enforced in the same manner as in the Federal Court of Canada.
NFPMC General Rules of Procedure — 39
39 (1) The witnesses at a hearing shall be examined orally on oath unless otherwise provided by these Rules or ordered by the Council. (2) The Council may, at any time, order that, (a) any particular facts be proved by affidavit; (b) the affidavit of any witness be read at a hearing on such terms and conditions as the Council considers reasonable; and (c) a witness whose attendance ought for good and sufficient cause to be dispensed with be examined before (i) an officer of the Council, or (ii) any other person appointed by the Council for that purpose and authorized to administer oaths, in the presence of the parties or their agents. (3) Where memoranda of evidence have been furnished prior to the commencement of a hearing, the Council may permit the introduction of those memoranda as evidence in chief by a witness who (a) testifies as to his qualifications; and (b) confirms that the memoranda were prepared under his direction or control and are accurate to the best of his knowledge and belief.
NFPMC General Rules of Procedure — 40
40 (1) Notice of the time and place fixed for the taking of evidence before a person appointed by the Council and authorized to administer oaths shall contain a summary of the particulars of the order given in the manner prescribed by the Council under section 39. (2) Evidence taken before a person referred to in subsection (1) shall be confined to the subject-matter in question and any objections to the admission of evidence shall be noted by that person and dealt with by the Council at the hearing. (3) A copy of all evidence taken in accordance with subsection (2) shall be certified under the hand of the person by whom the evidence was taken and shall forthwith be returned to the Secretary. (4) A copy of any evidence purporting to be certified under the hand of a person referred to in subsection (1) may be received in evidence without proof of the signature of such person or of the fact that the evidence was taken at the time and place and in the manner stated in the certificate.
NFPMC General Rules of Procedure — 41
41 During a proceeding, evidence taken (a) at any previous hearing before the Council, (b) at a hearing before any board, commission or other competent tribunal authorized to participate in the administration of a marketing plan by a province, or (c) in a court of civil or criminal jurisdiction in Canada, or any report, finding or order made in respect thereof may, by leave of the Council obtained before or after the commencement of the hearing, be received in evidence at the hearing.
NFPMC General Rules of Procedure — 42
42 The Council may, wherever it deems it advisable to do so, require a written brief to be submitted by the parties in a proceeding in addition to or in lieu of oral argument.
NFPMC General Rules of Procedure — 43
43 Unless the Council directs otherwise, the order of appearance at a public hearing shall be as follows: (a) the applicant; (b) the respondent; (c) the interveners; (d) other interested persons; and (e) the applicant in reply.
NFPMC General Rules of Procedure — 44
44 The Council may approve, dismiss or vary the whole or any part of an application or generally with respect to the issues and conclusions associated with the subject-matter of the hearing, regardless of whether an application is or is not involved, and may grant such further or other relief, in addition to or in substitution for that requested or applied for, as to the Council deems just and proper.
NFPMC General Rules of Procedure — 45
45 The Council may give orally or in writing the reasons for its orders or decisions.
NFPMC General Rules of Procedure — 46
46 A decision of the Council shall be effective the day on which it is made or on such later day as may be stated in the decision.
NFPMC General Rules of Procedure — 47
47 (1) Where, in any proceeding before the Council, any person to whom any notice is required by these Rules to be given or sent or who is otherwise entitled to receive any notice has not been or has been insufficiently so notified, he may, at any time within 10 days after becoming aware of any order or decision made by the Council in the proceeding, or within such further time as the Council may direct, apply to the Council to review, rescind, change, alter or vary the order or decision made by it, or to rehear the original subject-matter or application, as the case may be, and the Council shall, as soon as possible after the making of any such application and on such notice as the Council deems appropriate in the circumstances, review, rescind, change, alter or vary the order or decision made by it, order a rehearing or dismiss the application. (2) Except as provided in subsection (1), no application to the Council to review, rescind, change, alter or vary an order or decision made by it or to rehear any original subject-matter or application shall be received more than 30 days after the decision or order is communicated at the discretion of Council to the applicant, interveners or other parties or after the conclusion of the original hearing as the case may be.
NFPMC General Rules of Procedure — NFPMC General Rules of Procedure
You are hereby summoned to attend at a hearing conducted by the above-mentioned National Farm Products Marketing Council to give evidence concerning the matters relevant to the mandate of the Council and to bring with you and produce the following documents and things
NFPMC General Rules of Procedure — NFPMC General Rules of Procedure
Please be present at the time and place indicated below and thereafter until the hearing is concluded or the Council otherwise orders.
NFPMC General Rules of Procedure — NFPMC General Rules of Procedure
You are hereby summoned and required to attend at a hearing conducted by the above-mentioned National Farm Products Marketing Council to give evidence concerning the matters relevant to the mandate of the Council and to bring with you and produce the following documents and things
NFPMC General Rules of Procedure — NFPMC General Rules of Procedure
If you fail to attend and give evidence at the hearing or inquiry or to produce the documents or things specified at the time and place indicated, without lawful excuse, you may be prosecuted and punished by fine or imprisonment.
New Motor Vehicles Exported Drawback Regulations — *
His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to sections 275 and 276 of the Customs Act and subsection 44(8) of the Excise Tax Act , is pleased hereby to revoke the Motor Vehicles Exported Drawback Regulations made by Order in Council P.C. 1979-1937 of 19th July, 1979 * , and to make the annexed Regulations respecting drawback of customs duty, sales and excise taxed paid in respect of new motor vehicles purchased and used temporarily in Canada prior to exportation , in substitution thereof. * SOR/79-540, 1979 Canada Gazette Part II, p. 2702
New Motor Vehicles Exported Drawback Regulations — 1
1 These Regulations may be cited as the New Motor Vehicles Exported Drawback Regulations .
New Motor Vehicles Exported Drawback Regulations — 2
2 In these Regulations, Minister means the Minister of National Revenue; ( Ministre ) motor vehicle includes an automobile, motor cycle, motor bicycle, light truck, motor bus or motor home purchased for personal transportation, but does not include any truck that has a gross vehicle weight in excess of 4.5359 t (10,000 pounds) or any motor vehicle that is to be used in commercial operations of any kind; ( véhicule automobile ) new motor vehicle means a motor vehicle that (a) was new immediately prior to its use in Canada, and (b) prior to its exportation from Canada, was used only for a period not greater than the period referred to in section 4; ( véhicule automobile neuf ) non-resident means a person who makes his home and is ordinarily present in a place outside Canada. ( non-résident )
New Motor Vehicles Exported Drawback Regulations — New Motor Vehicles Exported Drawback Regulations
Minister means the Minister of National Revenue; ( Ministre )
New Motor Vehicles Exported Drawback Regulations — New Motor Vehicles Exported Drawback Regulations
motor vehicle includes an automobile, motor cycle, motor bicycle, light truck, motor bus or motor home purchased for personal transportation, but does not include any truck that has a gross vehicle weight in excess of 4.5359 t (10,000 pounds) or any motor vehicle that is to be used in commercial operations of any kind; ( véhicule automobile )
New Motor Vehicles Exported Drawback Regulations — (a)
new motor vehicle means a motor vehicle that (a) was new immediately prior to its use in Canada, and (b) prior to its exportation from Canada, was used only for a period not greater than the period referred to in section 4; ( véhicule automobile neuf )
New Motor Vehicles Exported Drawback Regulations — New Motor Vehicles Exported Drawback Regulations
non-resident means a person who makes his home and is ordinarily present in a place outside Canada. ( non-résident )
New Motor Vehicles Exported Drawback Regulations — 3
3 Subject to these Regulations, on the exportation from Canada of a new motor vehicle, the Minister shall authorize the payment of a drawback of the customs duty, sales and excise taxes paid on or in respect of (a) the motor vehicle, whether imported into Canada or manufactured in Canada; (b) imported parts and materials used in, wrought into or attached to the motor vehicle, where the motor vehicle was manufactured or produced in Canada: (c) imported materials, other than fuel and plant equipment, directly consumed in the manufacture or production of the motor vehicle; and (d) imported parts and materials, in a quantity sufficient to manufacture or produce the motor vehicle, where (i) domestic parts and materials of the same class as the imported parts and materials and so similar that they could have been used interchangeably in the manufacture or production of the motor vehicle were used in, wrought into or attached to the motor vehicle, or (ii) domestic materials, other than fuel and plant equipment, of the same class as the imported materials and so similar that they could have been used interchangeably in the manufacture or production of the motor vehicle were directly consumed in the manufacture or production of the motor vehicle, and the imported parts and materials were used in the plant that manufactured or produced the motor vehicle, during the 12 month period immediately preceding the manufacture or production of the motor vehicle.
New Motor Vehicles Exported Drawback Regulations — 4
4 (1) For the purposes of subsection (2), a motor vehicle that was new immediately prior to its use in Canada may be used by the purchaser thereof before its exportation from Canada for a period not exceeding (a) 30 days from the date of delivery thereof to the purchaser, where the purchaser is a resident of Canada; or (b) 12 months from the date of delivery thereof to the purchaser, where the purchaser is a non-resident. (2) No drawback shall be granted pursuant of section 3 in respect of motor vehicle unless the motor vehicle is exported from Canada within the period for use of that motor vehicle set out in subsection (1) and no drawback shall be granted (a) if the motor vehicle was (i) used in Canada prior to its exportation by anyone other than the purchaser thereof, (ii) sold to anyone in Canada, or otherwise disposed of, by the purchaser thereof prior to its exportation, (iii) used in Canada prior to its exportation for the transportation of persons or goods for hire or reward or the transportation of goods for sale, or (iv) used in Canada prior to its exportation to solicit sales or subscriptions on behalf of a Canadian company; or (b) if the motor vehicle was re-imported into Canada after its exportation otherwise than in accordance with the Customs Act or the Customs Tariff or any regulations made thereunder.
New Motor Vehicles Exported Drawback Regulations — 5
5 (1) A claim for a drawback pursuant to these Regulations shall be made in duplicate, in such form as the Minister may prescribe, by (a) in the case of an imported motor vehicle, the importer or the vendor thereof; and (b) in the case of a motor vehicle manufacture in Canada, the manufacturer of the vehicle as exported. (2) A claim for drawback under section 3 shall be filed at a customs office subsequent to the exportation of the motor vehicle in respect of which the drawback is claimed and shall be accompanied by (a) a waiver of rights in respect of any duties and taxes from any person who, pursuant to these Regulations or under or pursuant to the Customs Act, the Excise Tax Act or the Financial Administration Act , would be entitled to claim a drawback, refund or remission in respect of those duties and taxes; and (b) subject to subsection (3), the following documentary evidence in respect of the claim: (i) a copy of the offer to purchase the motor vehicle in respect of which the drawback is claimed, (ii) copies of any invoices covering the sale or transfer of the motor vehicle in respect of which the drawback is claimed, (iii) any certificate of importation, sale or transfer, in duplicate, (iv) any certificate of sale for exportation, in duplicate, (v) a customs certified copy of the Identification of Goods Exported or Destroyed form covering exportation of the motor vehicle, (vi) in the case of a motor vehicle exported to a country on the North American continent, a copy of the foreign consumption entry and a copy of the foreign vehicle registration obtained in the country to which the motor vehicle was exported, and (vii) in the case of a motor vehicle that was used in Canada in accordance with paragraph 4(1)(b), a copy of a permit issued by the Department of Employment and Immigration establishing the non-resident status of the purchaser. (3) Where any document referred to in paragraph (2)(b) is not available, a claim for drawback pursuant to these Regulations may be accompanied by information equivalent to the information that would have been shown on the document if it were available. SOR/85-857, s. 1