GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Judges Act — J-1 68
Transitional: salary 68 (1) Notwithstanding the Judges Act , a person who holds the office of Chief Judge of the County Court of Nova Scotia immediately before the coming into force of section 6 shall continue to be paid the salary then annexed to that office until the salary annexed to the office of judge of the Supreme Court of Nova Scotia exceeds that salary, at which time that person shall be paid the salary annexed to the last-mentioned office. Transitional: annuity (2) Notwithstanding the Judges Act , the Chief Judge of the County Court of Nova Scotia shall, on the coming into force of this subsection, be deemed to have made an election in accordance with section 32 of that Act for the purposes of subsection 43(2) of that Act, and if, at the time of resignation, removal or attaining the age of retirement, is holding office as a puisne judge of the Supreme Court of Nova Scotia or the Nova Scotia Court of Appeal, the annuity payable under section 42 of that Act shall be an annuity equal to two thirds of the result obtained by subtracting five thousand dollars from the salary annexed at that time to the office of Chief Justice of the Supreme Court of Nova Scotia. Idem (3) Where, before the coming into force of this subsection, an annuity has been granted to or in respect of a judge of a county or district court of any province pursuant to sections 42, 43, 44 and 47 of the Judges Act , payment of that annuity shall continue in accordance with those sections, as they read immediately before the coming into force of this subsection.
Judges Act — J-1 1
Application 1 (2) For greater certainty, subsection 26(2) of the Act, as enacted by subsection (1), applies with respect to the report to be submitted by the commissioners appointed effective September 30, 1995.
Judges Act — J-1 7
Application of subsections 27(2) and (3) of the Judges Act 7 For greater certainty, payments of allowances made before the coming into force of this Act to judges of the Supreme Court of the Yukon Territory and the Supreme Court of the Northwest Territories under subsection 27(2) of the Judges Act and to judges of the Federal Court under subsection 27(3) of that Act, as those subsections read immediately before the coming into force of this Act, are authorized.
Judges Act — J-1 185
Interpretation 185 (11) For the purposes of subsections 31(1) and (2) of the Judges Act , as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court. For greater certainty (12) For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act , “Chief Justice” and “Associate Chief Justice” include “Chief Judge” and “Associate Chief Judge”, respectively.
Judges Act — J-1 36
Section 44.2 of the Judges Act 36 Section 44.2 of the Judges Act , as enacted by section 163 of the Modernization of Benefits and Obligations Act , chapter 12 of the Statutes of Canada, 2000, and replaced by section 24 of An Act to amend the Judges Act and to amend another Act in consequence , chapter 7 of the Statutes of Canada, 2001, and the Optional Survivor Annuity Regulations , made by Order in Council P.C. 2001-1362 on August 1, 2001 and registered as SOR/2001-283, are deemed to have come into force on August 1, 2001.
Judges Act — J-1 329
Salary 329 Despite section 10.1 of the Judges Act , a prothonotary of the Federal Court is only entitled to be paid, in respect of the period beginning on April 1, 2012 and ending on the day on which this section comes into force, the difference between the salary described in that section 10.1 and any salary paid or payable to the prothonotary for the same period under the Federal Courts Act .
Judges Act — J-1 227
Tenure extension 227 Despite subsection 26.1(3) of the Judges Act , the term of office of the three members appointed under section 26.1 of that Act to the Judicial Compensation and Benefits Commission that began its inquiry on October 1, 2015 is extended to May 31, 2020.
Judges Act — J-1 254
Definition of senior judge 254 (1) In this section, senior judge has the same meaning as in subsection 22(3) of the Judges Act as it read immediately before the day on which subsection 232 (4) of this Act comes into force. Rights preserved (2) For the purposes of the Judges Act , the years during which a senior judge of the Supreme Court of Yukon, the Supreme Court of Northwest Territories or the Nunavut Court of Justice has continued in office are deemed to be years during which a chief justice has continued in judicial office.
Judges Act — J-1 253
Section 65.1 of Judges Act 253 Section 65.1 of the Judges Act does not apply to a judge whose removal from judicial office has been recommended by the Canadian Judicial Council before the day on which section 252 comes into force.
Judges Act — J-1 372
Prothonotaries 372 For greater certainty, every person who, immediately before the day on which this section comes into force, holds office as prothonotary of the Federal Court, supernumerary prothonotary of the Federal Court, prothonotary of the Tax Court of Canada or supernumerary prothonotary of the Tax Court of Canada continues in office as associate judge of the Federal Court, supernumerary associate judge of the Federal Court, associate judge of the Tax Court of Canada or supernumerary associate judge of the Tax Court of Canada, as the case may be.
Judges Act — J-1 373
Judges Act 373 For greater certainty, for the purposes of the Judges Act , nothing in section 371 of this Act affects the number of years during which a person who held office as prothonotary, as defined in that Act as it read immediately before the day on which this section comes into force, has continued in judicial office.
Judges Act — J-1 14
Ongoing inquiries and investigations 14 The Judges Act , as it read immediately before the day on which this Act comes into force, continues to apply in respect of any inquiry or investigation commenced under that Act before that day.
Judges Act — J-1 15
Inquiry requested under subsection 63(1) 15 (1) If an inquiry has been requested under subsection 63(1) of the Judges Act before the day on which this Act comes into force and the inquiry has not commenced before that day, the request is deemed to be a request made on that day under section 148 of that Act, as enacted by section 12 of this Act. Complaint or allegation referred to in subsection 63(2) (2) If a complaint or allegation referred to in subsection 63(2) of the Judges Act is made before the day on which this Act comes into force and an investigation into it has not commenced before that day, the complaint or allegation is deemed to be a complaint made on that day under subsection 86(1) of that Act, as enacted by section 12 of this Act. Inquiry requested under subsection 69(1) (3) If an inquiry has been requested under subsection 69(1) of the Judges Act before the day on which this Act comes into force and the inquiry has not commenced before that day, the request is deemed to be a request made on that day under section 152 of that Act, as enacted by section 12 of this Act.
Judges Act — J-1 16
Notice of application for leave to appeal 16 If a report made under section 65 of the Judges Act , as that section read immediately before the day on which this Act comes into force, contains a recommendation that a judge be removed from office, that judge may, within 30 days after that day, file a notice of application for leave to appeal the report to the Supreme Court of Canada and, if leave is granted, section 138 of that Act, as enacted by section 12 of this Act, applies with respect to the appeal.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 Preamble
Preamble Whereas human rights and the rule of law are integral to international law and Canada has repeatedly asserted its commitment to promoting international justice and respect for human rights;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas signatory States to international human rights agreements have committed themselves to the obligations and responsibilities set out in those agreements;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas Sergei Magnitsky, a Moscow lawyer who uncovered the largest tax fraud in Russian history, was detained without trial, tortured and consequently died in a Moscow prison on November 16, 2009;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas no thorough, independent and objective investigation has been conducted by Russian authorities into the detention, torture and death of Sergei Magnitsky, nor have the individuals responsible been brought to justice;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas the unprecedented posthumous trial and conviction of Sergei Magnitsky in Russia for the very fraud he uncovered constitute a violation of the principles of fundamental justice and the rule of law;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas legislation and motions adopted by legislative assemblies in the United States, the European Parliament, the United Kingdom, the Netherlands, Italy, Poland and Canada have condemned the mistreatment of Sergei Magnitsky as “a violation of the principles of fundamental justice and the rule of law” and called for sanctions against any foreign nationals responsible for violations of internationally recognized human rights in a foreign country when authorities in that country are unable or unwilling to conduct a thorough, independent and objective investigation of the violations;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas the Litvinenko Inquiry report, presented to the United Kingdom Parliament on January 21, 2016, found that two Russian agents, Andrei Lugovoi and Dmitry Kovtun, were responsible for the assassination of Alexander Litvinenko and that there was a “strong possibility” that they were acting on behalf of the Russian Federal Security Service;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas Russian opposition politician Boris Nemtsov was assassinated outside the Kremlin on February 27, 2015, and to this day no thorough, independent and objective investigation has been conducted by Russian authorities;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas the Senate, on May 5, 2015, and the House of Commons, on March 25, 2015, by unanimous resolutions called upon the Government of Canada to explore and encourage sanctions against any foreign nationals responsible for the detention, torture and death of Sergei Magnitsky and to explore sanctions as appropriate against any foreign nationals responsible for violations of internationally recognized human rights in a foreign country, when authorities in that country are unable or unwilling to conduct a thorough, independent and objective investigation of the violations;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas member of the Ukrainian Parliament Lieutenant Nadiya Savchenko and other Ukrainians were illegally convicted and imprisoned in Russia in violation of international norms and fundamental justice;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas the Special Economic Measures Act authorizes the Government of Canada to take economic measures against a foreign state or national for the purpose of implementing a decision, resolution or recommendation of an international organization or association of states, or in cases of a grave breach of international peace and security that resulted or is likely to result in a serious international crisis;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas adding gross violations of internationally recognized human rights as a ground on which sanctions may be imposed against foreign states and nationals would further Canada’s support for human rights and advance its responsibility to protect activists who fight for human rights;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Whereas it is important to acknowledge and remember Sergei Magnitsky’s sacrifice, as well as the sacrifice of other victims of gross violations of internationally recognized human rights;
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
And whereas all violators of internationally recognized human rights should be treated and sanctioned equally throughout the world,
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 1
Short Title 1 This Act may be cited as the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) .
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 2
Definitions 2 The following definitions apply in this Act. Canadian means a person who is a citizen within the meaning of the Citizenship Act or a corporation incorporated or continued by or under the laws of Canada or of a province. ( Canadien ) entity means a corporation, trust, partnership, fund, an unincorporated association or organization or a foreign state. ( entité ) foreign national means an individual who is not (a) a Canadian citizen; or (b) a permanent resident under the Immigration and Refugee Protection Act . ( étranger ) foreign public official has the same meaning as in section 2 of the Corruption of Foreign Public Officials Act . ( agent public étranger ) foreign state means a country other than Canada, and includes (a) any of its political subdivisions; (b) its government and any of its departments, or the government or any department of any of its political subdivisions; and (c) any of its agencies or any agency of any of its political subdivisions. ( État étranger ) Minister [Repealed, 2022, c. 10, s. 444] person means an individual or an entity. ( personne ) prescribed means prescribed by regulation. ( version anglaise seulement ) property means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency. ( bien ) 2017, c. 21, s. 2 2022, c. 10, s. 444
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Canadian means a person who is a citizen within the meaning of the Citizenship Act or a corporation incorporated or continued by or under the laws of Canada or of a province. ( Canadien )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
entity means a corporation, trust, partnership, fund, an unincorporated association or organization or a foreign state. ( entité )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 (a)
foreign national means an individual who is not (a) a Canadian citizen; or (b) a permanent resident under the Immigration and Refugee Protection Act . ( étranger )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
foreign public official has the same meaning as in section 2 of the Corruption of Foreign Public Officials Act . ( agent public étranger )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 (a)
foreign state means a country other than Canada, and includes (a) any of its political subdivisions; (b) its government and any of its departments, or the government or any department of any of its political subdivisions; and (c) any of its agencies or any agency of any of its political subdivisions. ( État étranger )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Minister [Repealed, 2022, c. 10, s. 444]
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
person means an individual or an entity. ( personne )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
prescribed means prescribed by regulation. ( version anglaise seulement )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
property means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency. ( bien )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 2.01
Deemed ownership 2.01 (1) If a foreign national controls an entity other than a foreign state, any property that is owned — or that is held or controlled, directly or indirectly — by the entity is deemed to be owned by that foreign national. Criteria (2) For the purposes of subsection (1), a foreign national controls an entity, directly or indirectly, if any of the following criteria are met: (a) the foreign national holds, directly or indirectly, 50% or more of the shares or ownership interests in the entity or 50% or more of the voting rights in the entity; (b) the foreign national is able, directly or indirectly, to change the composition or powers of the entity’s board of directors; or (c) it is reasonable to conclude, having regard to all the circumstances, that the foreign national is able, directly or indirectly and through any means, to direct the entity’s activities. 2023, c. 26, s. 261
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 2.1
Minister 2.1 (1) Subject to subsection (2), the Minister of Foreign Affairs is responsible for the administration and enforcement of this Act. Designation (2) The Governor in Council may, by order, designate one or more Ministers of the Crown to discharge any responsibilities that the Governor in Council may specify with respect to the administration or enforcement of any of the provisions of this Act or any order or regulations made under this Act. 2022, c. 10, s. 445
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 4
n, that is restricted or prohibited under this Act or any order or regulations made under this Act; or (b) issue a general permit allowing any person in Canada or Canadian outside Canada to carry out a class of activity or transaction that is restricted or prohibited under this Act or any order or regulations made under this Act. Ministerial permit (5) The Minister may issue a permit or general permit, subject to any terms and conditions that are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act. Revocation, etc. (6) The Minister may amend, suspend, revoke or reinstate any permit or general permit issued by the Minister. 2017, c. 21, s. 4 2022, c. 10, s. 446 2023, c. 26, s. 262
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 4.1
Definitions 4.1 The following definitions apply in sections 4.2 to 4.4. judge means a judge of a superior court of the province where property described in an order made under paragraph 4(1)(b) is situated. ( juge ) Minister means the Minister responsible under section 2.1 for the administration of an order made under paragraph 4(1)(b). ( ministre ) 2022, c. 10, s. 447
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
judge means a judge of a superior court of the province where property described in an order made under paragraph 4(1)(b) is situated. ( juge )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3
Minister means the Minister responsible under section 2.1 for the administration of an order made under paragraph 4(1)(b). ( ministre )
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 4.2
Forfeiture 4.2 (1) On application by the Minister, a judge must order that the property that is the subject of the application be forfeited to Her Majesty in right of Canada if the judge determines, based on the evidence presented, that the property (a) is described in an order made under paragraph 4(1)(b); and (b) is owned by the foreign national referred to in that order or is held or controlled, directly or indirectly, by that foreign national. Notice (2) Before making the order in relation to the property, the court must require notice to be given to any person who, in the court’s opinion, appears to have an interest in or right to the property, and the court may hear any such person. Manner of giving notice (3) The notice must (a) be given in the manner that the court directs or that may be specified in the rules of the court; (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may, before the order in relation to the property is made, make an application to the court asserting their interest in or right to the property; and (c) set out a description of the property. Application by person (4) Any person — other than a foreign national described in any of paragraphs 4(2)(a) to (d) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right. 2022, c. 10, s. 447
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 4.3
Not a Crown corporation 4.3 If the property that is the subject of a forfeiture order consists of all of the shares of a corporation, the corporation is deemed not to be a Crown corporation as defined in subsection 83(1) of the Financial Administration Act . 2022, c. 10, s. 447
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 4.4
Payment out of Proceeds Account 4.4 After consulting with the Minister of Finance and the Minister of Foreign Affairs, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account , as defined in section 2 of the Seized Property Management Act , amounts not exceeding the net proceeds from the disposition of property forfeited under section 4.2, but only to compensate victims of the circumstances described in subsection 4(2). 2022, c. 10, s. 447
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) — J-2.3 5
Order or regulation 5 A copy of each order or regulation made under paragraph 4(1)(a) must be tabled in each House of Parliament within 15 days after it is made. It may be sent to the Clerk of the House if the House is not sitting. 2017, c. 21, s. 5 2022, c. 10, s. 447