GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Shipping Conferences Exemption Act, 1987 — S-10.01 12
Exception 12 A person engaged in the administration of this Act may communicate or allow to be communicated information contained in a copy of a service contract that has been filed with the Agency pursuant to section 6 or may allow inspection of or access to any such copy to or by (a) any other person engaged in the administration of this Act; or (b) any person authorized in writing by the parties to the service contract. R.S., 1985, c. 17 (3rd Supp.), s. 12; 1992, c. 1, s. 128
Shipping Conferences Exemption Act, 1987 — S-10.01 13
Filing of complaints 13 (1) Subject to subsection (5), where any person, including the Commissioner, has reason to believe that (a) any conference agreement or interconference agreement, a copy or description of which is required to be filed with the Agency by a member of a conference pursuant to section 6, or (b) any practice of a conference or of any member thereof, has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, that person may file a complaint with the Agency and the Agency may make such investigation of the complaint as in its opinion is warranted. Agency may make order (2) If, after completing an investigation commenced pursuant to subsection (1), the Agency finds that the conference agreement, interconference agreement or practice has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Agency may make an order requiring the parties to the agreement or the members of the conference engaging in the practice to remove the offending feature of the agreement or to stop the practice or may make any other order as in the circumstances the Agency considers necessary. Agency may consider service contracts (3) In conducting an investigation under subsection (1), the Agency may take into consideration the contents of any service contract. Agency may hold public hearings (4) In conducting an investigation under subsection (1), the Agency may hold public hearings or may decide the matter on the basis of documents filed with the Agency. (5) [Repealed, 1996, c. 10, s. 271] Operation of Competition Act (6) Nothing in this section affects the operation of the Competition Act in respect of its application to (a) any conference agreement or interconference agreement that is not exempt from the application of that Act by virtue of section 4; or (b) any practice of a conference or of any member thereof. R.S., 1985, c. 17 (3rd Supp.), s. 13; 1992, c. 1, ss. 125, 128; 1996, c. 10, s. 271; 1999, c. 2, s. 51
Shipping Conferences Exemption Act, 1987 — S-10.01 14
Agency shall notify Commissioner 14 (1) The Agency shall give notice to the Commissioner of every complaint filed under subsection 13(1) by any person other than the Commissioner. Commissioner may have access to documents (2) Where the Commissioner intends to make representations to or call evidence before the Agency pursuant to section 125 of the Competition Act in respect of a complaint filed under subsection 13(1) by a person other than the Commissioner and gives notice thereof to the Agency, the Agency shall make available to the Commissioner for examination all relevant documents filed with the Agency including copies of any service contracts. R.S., 1985, c. 17 (3rd Supp.), s. 14; 1992, c. 1, s. 128; 1999, c. 2, s. 51
Shipping Conferences Exemption Act, 1987 — S-10.01 15
Agency must render decision within 120 days 15 The Agency shall render a decision on a complaint filed under subsection 13(1) not later than one hundred and twenty days after the filing of the complaint unless the parties thereto agree to an extension. R.S., 1985, c. 17 (3rd Supp.), s. 15; 1992, c. 1, s. 128
Shipping Conferences Exemption Act, 1987 — S-10.01 16
Inquiry by Commissioner 16 (1) Notwithstanding section 3, the Commissioner on his own initiative may, and on direction from the Minister of Industry shall, carry out an inquiry concerning the operations of any conference and the effect that practices of the conference have in limiting facilities for the transportation of any goods, preventing or lessening competition in the transportation of any goods or restraining or injuring trade or commerce in relation to any goods. Deemed inquiry under Competition Act (2) Any inquiry carried out by the Commissioner pursuant to subsection (1) shall be deemed to be an inquiry under section 10 of the Competition Act . Use of evidence (3) The Commissioner may bring to the Agency any evidence or material obtained in the course of an inquiry under this section that in the opinion of the Commissioner is relevant to any complaint filed with the Agency under subsection 13(1) and, for greater certainty, may take any other action authorized to be taken by the Commissioner under the Competition Act in relation to that evidence or material. R.S., 1985, c. 17 (3rd Supp.), s. 16; 1992, c. 1, ss. 128, 145(F); 1995, c. 1, s. 62; 1999, c. 2, s. 51
Shipping Conferences Exemption Act, 1987 — S-10.01 17
Inspection of documents 17 (1) Subject to subsection (2), every document filed pursuant to section 6, other than a copy of a service contract, and every notice given pursuant to section 9 or 10 shall, on application, be made available for inspection by any person during the regular business hours of the Agency. Destruction of documents (2) The Agency may, five years after the date they are no longer in effect, destroy those documents filed with or given to the Agency or the Canadian Transport Commission pursuant to this Act, the Shipping Conferences Exemption Act , chapter 39 of the Revised Statutes of Canada, 1970 (1st Supp.), or the Shipping Conferences Exemption Act that, in its opinion, are no longer necessary for the administration of this Act. R.S., 1985, c. 17 (3rd Supp.), s. 17; 1992, c. 1, s. 126
Shipping Conferences Exemption Act, 1987 — S-10.01 18
Office in Canada 18 Members of a conference shall maintain jointly an office in that region of Canada where they operate. R.S., 1985, c. 17 (3rd Supp.), s. 18; 1992, c. 1, s. 126; 2001, c. 26, s. 329
Shipping Conferences Exemption Act, 1987 — S-10.01 19
Availability of certain documents 19 (1) Members of a conference shall collectively make available to the public, in electronic form at all times, and at the conference’s offices during regular business hours, for inspection or for purchase at a reasonable price, copies of (a) all documents in force, other than service contracts, that have been filed pursuant to section 6; (b) all tariffs in force; and (c) all notices in force that have been given pursuant to section 9 or 10. Inspection at member’s office (2) Every member of a conference shall make available to the public for inspection, at all that member’s principal offices in Canada during regular business hours, copies of all tariffs in force and of all notices that have been given pursuant to section 10 relating to an amendment to such a tariff. Contents of tariff (3) Each tariff shall set out (a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract; (b) the places from and to which every rate referred to in paragraph (a) applies; (c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and (d) the address of the office maintained pursuant to section 18 to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed. R.S., 1985, c. 17 (3rd Supp.), s. 19; 1992, c. 1, s. 126; 2001, c. 26, s. 329
Shipping Conferences Exemption Act, 1987 — S-10.01 20
Meetings 20 Members of a conference engaged in the transportation of goods from any place in Canada to any place outside Canada shall, when reasonably requested in writing by any designated shipper group to do so, meet with the designated shipper group and shall provide the designated shipper group with information sufficient for the satisfactory conduct of the meeting.
Shipping Conferences Exemption Act, 1987 — S-10.01 21
Minister of Transport may designate 21 The Minister of Transport may designate any organization or association of shippers as representing, in the opinion of the Minister of Transport, for the purposes of this Act, the interests of those shippers. R.S., 1985, c. 17 (3rd Supp.), s. 21; 1992, c. 1, s. 144(F)
Shipping Conferences Exemption Act, 1987 — S-10.01 22
Regulations 22 (1) The Governor in Council may make regulations requiring the production by members of a conference at such time or times and in such form and manner as are specified in the regulations, of such information of a type specified in the regulations as is in their possession or is reasonably available to them and as may reasonably be regarded as necessary to enable the Agency to effectively supervise the activities of members of the conference relating to the conference and concerning Canada. Confidentiality (2) Where information that is in its nature confidential and that relates to the business of a member of a conference is produced pursuant to any regulations made pursuant to subsection (1), the information shall not be made public in such a manner as to be available for the use of any business competitor of the persons to whom the information relates. Regulations (3) The Governor in Council may make regulations respecting access, through an electronic network, to documents filed with the Agency in accordance with section 6 and the fees to be paid for the use of this service. Publication of proposed regulations (4) Subject to subsection (5), a copy of each regulation that the Governor in Council proposes to make pursuant to subsection (1) or (3) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto. Exception (5) No proposed regulation need be published more than once under subsection (4) whether or not it is amended after such publication as a result of representations made by interested persons as provided in that subsection. R.S., 1985, c. 17 (3rd Supp.), s. 22; 1992, c. 1, s. 128
Shipping Conferences Exemption Act, 1987 — S-10.01 23
General security 23 (1) The Agency may direct any member of a conference to deposit with the Agency such sum of money or other security as it deems necessary, not exceeding in amount or value ten thousand dollars, as a guarantee that the member will comply with this Act, and in the event of a failure to comply with a direction of the Agency under this subsection, the Agency may authorize the seizure and detention of any vessel of the member until such time as such sum of money or other security has been so deposited. Payment out of money or security (2) Where a member of a conference is convicted of an offence under this Act or the Competition Act and fails to pay any fine imposed on it, the Agency may pay that fine out of any money, or from the proceeds of the sale of any security, deposited by that member pursuant to subsection (1). Return or cancellation of security (3) Any money or other security deposited with the Agency by a member of a conference under this section may be returned to that member or cancelled, as the case may be, where, in the opinion of the Agency, that security is no longer required. R.S., 1985, c. 17 (3rd Supp.), s. 23; 1992, c. 1, s. 128
Shipping Conferences Exemption Act, 1987 — S-10.01 24
Non-compliance with Act or regulations 24 (1) If a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 for each offence. Continuing offence (2) Where an offence under subsection (1) is committed on more than one day or is continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued. Limitation period (3) Proceedings by way of summary conviction in respect of an offence under subsection (1) may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose. R.S., 1985, c. 17 (3rd Supp.), s. 24; 2001, c. 26, s. 330
Shipping Conferences Exemption Act, 1987 — S-10.01 25
Transitional 25 Where, on the coming into force of section 6, a member of a conference has already filed or caused to be filed pursuant to section 7 of the Shipping Conferences Exemption Act , a document required to be filed by it pursuant to section 6, and where no modification has been made to that document since the coming into force of that section, that member may, in lieu of filing that document pursuant to section 6, file or cause to be filed within sixty days after the coming into force of that section a certificate signed by a person designated for that purpose by the member, describing that document, and the filing of such a certificate shall be deemed to constitute compliance with that section in respect of that document. R.S., 1985, c. 17 (3rd Supp.), s. 25; 1992, c. 1, s. 127
Shipping Conferences Exemption Act, 1987 — S-10.01 Coming into force
Coming into force * 29 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. * [Note: Act, except subsection 4(3), in force December 17, 1987, subsection 4(3) in force February 17, 1988, see SI/88-9.]
Sikh Heritage Month Act — S-10.1 Preamble
Preamble Whereas the Sikh population in Canada is in excess of 500,000 people, making it the second-largest Sikh population in the world;
Sikh Heritage Month Act — S-10.1
Whereas the Parliament of Canada recognizes the significant contributions that Sikh Canadians have made to Canada’s social, economic, political and cultural fabric, as well as the richness of the Punjabi language and culture and the Gurmukhi script;
Sikh Heritage Month Act — S-10.1
Whereas the month of April is meaningful for the Sikh community around the world;
Sikh Heritage Month Act — S-10.1
And whereas, by designating the month of April as Sikh Heritage Month, the Parliament of Canada would provide an opportunity to reflect on, celebrate and educate future generations about the inspirational role that Sikh Canadians have played and continue to play in communities across the country;
Sikh Heritage Month Act — S-10.1
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Sikh Heritage Month Act — S-10.1 1
Short title 1 This Act may be cited as the Sikh Heritage Month Act .
Sikh Heritage Month Act — S-10.1 2
Sikh Heritage Month 2 Throughout Canada, in each and every year, the month of April is to be known as “Sikh Heritage Month”.
Sioux Valley Dakota Nation Governance Act — S-10.2 Preamble
Preamble Whereas Sioux Valley Dakota Nation and the Government of Canada have negotiated the Governance Agreement, and by the Agreement intend to provide for a government-to-government relationship within the framework of the Constitution of Canada;
Sioux Valley Dakota Nation Governance Act — S-10.2
Whereas Sioux Valley Dakota Nation, the Government of Canada and the Government of Manitoba have negotiated the Tripartite Governance Agreement, and in that agreement Her Majesty in right of Manitoba recognizes and concurs with the Agreement;
Sioux Valley Dakota Nation Governance Act — S-10.2
Whereas, on August 30, 2013, the Agreement was signed on behalf of Sioux Valley Dakota Nation and Her Majesty in right of Canada and the Tripartite Governance Agreement was signed on behalf of Sioux Valley Dakota Nation, Her Majesty in right of Canada and Her Majesty in right of Manitoba;
Sioux Valley Dakota Nation Governance Act — S-10.2
And whereas, under the Agreement, the Government of Canada is to recommend to Parliament the legislation necessary to give effect to the Agreement;
Sioux Valley Dakota Nation Governance Act — S-10.2
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Sioux Valley Dakota Nation Governance Act — S-10.2 1
Short title 1 This Act may be cited as the Sioux Valley Dakota Nation Governance Act .
Sioux Valley Dakota Nation Governance Act — S-10.2 2
Definition of Agreement 2 (1) In this Act, Agreement means the Governance Agreement signed on behalf of Sioux Valley Dakota Nation and Her Majesty in right of Canada on August 30, 2013 and includes any amendments made to it from time to time in accordance with its provisions. Definitions in Agreement (2) In this Act, Initial Sioux Valley Dakota Nation Land Law , Sioux Valley Dakota Nation Lands , Sioux Valley Dakota Nation Law , Sioux Valley Dakota Oyate Government and Tripartite Governance Agreement have the same meaning as in the Agreement.
Sioux Valley Dakota Nation Governance Act — S-10.2 3
Agreement given effect 3 (1) The Agreement is approved, given effect and declared valid and has the force of law. Third parties (2) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.
Sioux Valley Dakota Nation Governance Act — S-10.2 4
Inconsistency with Agreement 4 (1) The Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them. Conflict with Act (2) This Act prevails over any other federal law to the extent of any conflict between them.
Sioux Valley Dakota Nation Governance Act — S-10.2 5
Capacity 5 (1) Sioux Valley Dakota Nation is a legal entity and, without restricting the generality of the foregoing, has the capacity, rights, powers and privileges of a natural person and the capacity to have standing in any legal proceeding involving (a) any aboriginal or treaty rights of Sioux Valley Dakota Nation, including those rights that may be exercised by individuals; (b) other rights of Sioux Valley Dakota Nation; or (c) the rights of Sioux Valley Dakota Nation citizens. Power and authority (2) Sioux Valley Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through Sioux Valley Dakota Oyate Government. Rights, interests, assets and obligations (3) On the coming into effect of the Agreement, all rights, interests, assets and obligations of Sioux Valley Dakota Nation as a band , as defined in the Indian Act , vest in Sioux Valley Dakota Nation.
Sioux Valley Dakota Nation Governance Act — S-10.2 6
Force of law 6 (1) Sioux Valley Dakota Nation Laws that are made in accordance with the Agreement have the force of law. Inconsistency (2) In the event of any inconsistency between a Sioux Valley Dakota Nation Law and a federal law, the provisions of the Agreement relating to that inconsistency apply. Rights and obligations (3) For greater certainty, any person or body has the powers, rights, privileges and benefits that are conferred on that person or body by a Sioux Valley Dakota Nation Law and must perform the duties, and is subject to the liabilities, that are imposed on the person or body by that law.
Sioux Valley Dakota Nation Governance Act — S-10.2 7
Indian Act 7 (1) The Indian Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to persons found on those lands to the extent, in the manner and in the circumstances provided for in the Agreement. By-laws (2) Sioux Valley Dakota Nation Laws are not by-laws for the purposes of the Indian Act .
Sioux Valley Dakota Nation Governance Act — S-10.2 8
Indian Oil and Gas Act 8 On the coming into effect of a Sioux Valley Dakota Nation Law that deals with subject matters that are the same as, or similar to, those dealt with by the Indian Oil and Gas Act , that Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to royalties from oil and gas taken from those lands.
Sioux Valley Dakota Nation Governance Act — S-10.2 9
Statutory Instruments Act 9 Sioux Valley Dakota Nation Laws are not statutory instruments for the purposes of the Statutory Instruments Act .
Sioux Valley Dakota Nation Governance Act — S-10.2 10
Official Languages Act 10 Sioux Valley Dakota Oyate Government and any entity, including a board, commission, tribunal, council or other body or office, established under a Sioux Valley Dakota Nation Law are not federal institutions as defined in subsection 3(1) of the Official Languages Act .
Sioux Valley Dakota Nation Governance Act — S-10.2 11
Judicial notice of agreements 11 (1) Judicial notice must be taken of the Agreement and the Tripartite Governance Agreement. Publication of agreements (2) The Agreement and the Tripartite Governance Agreement must be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tripartite Governance Agreement published by the Queen’s Printer is evidence of that agreement and of its contents and a copy purporting to be published by the Queen’s Printer is, unless the contrary is shown, proof that it was so published.
Sioux Valley Dakota Nation Governance Act — S-10.2 12
Judicial notice of laws 12 (1) Judicial notice must be taken of a Sioux Valley Dakota Nation Law that is registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement. Evidence (2) A copy of a Sioux Valley Dakota Nation Law purporting to be registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement is evidence of that law and of its contents, unless the contrary is shown.
Sioux Valley Dakota Nation Governance Act — S-10.2 13
Federal Courts Act 13 (1) A decision-making body established under a Sioux Valley Dakota Nation Law is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act . Jurisdiction — Manitoba Court of Queen’s Bench (2) The Manitoba Court of Queen’s Bench has jurisdiction to (a) make orders or issue injunctions or grant declaratory relief against a decision-making body referred to in subsection (1); and (b) undertake judicial review of the decisions of a decision-making body referred to in subsection (1).
Sioux Valley Dakota Nation Governance Act — S-10.2 14
Notice of issue arising 14 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement or the Tripartite Governance Agreement or in respect of the validity or applicability of this Act, the Manitoba legislation that gives effect to the Agreement or any Sioux Valley Dakota Nation Law, then the issue must not be decided unless the party raising the issue has served on the Attorney General of Canada, the Attorney General of Manitoba and Sioux Valley Dakota Nation notice that is in accordance with subsection (2). Content and timing of notice (2) The notice must be served at least 14 days before the day of argument of the issue, unless the court or tribunal authorizes a shorter period, and must identify (a) the proceeding in which the issue arises; (b) the issue; (c) the material facts giving rise to the issue; (d) the legal basis of the issue; and (e) the date on which the issue is to be argued. Participation in proceedings (3) In any proceeding in respect of which subsection (1) applies, the Attorney General of Canada, the Attorney General of Manitoba and Sioux Valley Dakota Nation may appear and participate in the proceeding as parties with the same rights as any other party. Clarification (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.