GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Economic Measures (Guatemala) Regulations — 7
Duty to disclose 7 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 6 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service (a) the existence of property in their possession or control that they have reason to believe is owned — or held or controlled, directly or indirectly — by a listed person; and (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity (2) No proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).
Special Economic Measures (Guatemala) Regulations — 8
Removal from list 8 (1) A listed person may apply to the Minister in writing to have their name removed from the schedule. Reasonable grounds (2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council.
Special Economic Measures (Guatemala) Regulations — 9
New application 9 If there has been a material change in circumstances since the last application was submitted, a listed person may submit another application under section 8 .
Special Economic Measures (Guatemala) Regulations — 10
Mistaken identity 10 (1) A person whose name is the same as or similar to the name of a listed person and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that listed person. Determination by Minister (2) Within 30 days after the day on which the Minister receives the application, the Minister must (a) if it is established that the applicant is not the listed person, issue the certificate; or (b) if it is not so established, provide notice to the applicant of the determination.
Special Economic Measures (Guatemala) Regulations — 11
Application 11 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply according to their terms before they are published in the Canada Gazette .
Special Economic Measures (Guatemala) Regulations — 12
Registration 12 These Regulations come into force on the day on which they are registered.
National Parks of Canada Land Use Planning Regulations — a
Whereas, under subsection 143(1) a of the Mackenzie Valley Resource Management Act b , the Minister of Northern Affairs has consulted with the territorial Minister, First Nations and the Tlicho Government with regard to sections 47 and 48 of the annexed National Parks of Canada Land Use Planning Regulations ; a S.C. 2005, c. 1, s. 90(1) b S.C. 1998, c. 25
National Parks of Canada Land Use Planning Regulations — (a)
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment with respect to the provisions of the annexed Regulations other than sections 47 and 48 and the Minister of Northern Affairs with respect to those sections 47 and 48 , makes the annexed National Parks of Canada Land Use Planning Regulations under (a) paragraph 143(1)(b) of the Mackenzie Valley Resource Management Act b ; (b) section 16 c of the Canada National Parks Act d ; and c S.C. 2009, c. 14, s. 29 d S.C. 2000, c. 32 (c) paragraphs 5(1)(a) and (b) of the Environmental Violations Administrative Monetary Penalties Act e . e S.C. 2009, c. 14, s. 126
National Parks of Canada Land Use Planning Regulations — (a)
(a) paragraph 143(1)(b) of the Mackenzie Valley Resource Management Act b ;
National Parks of Canada Land Use Planning Regulations — (b)
(b) section 16 c of the Canada National Parks Act d ; and c S.C. 2009, c. 14, s. 29 d S.C. 2000, c. 32
National Parks of Canada Land Use Planning Regulations — (c)
(c) paragraphs 5(1)(a) and (b) of the Environmental Violations Administrative Monetary Penalties Act e . e S.C. 2009, c. 14, s. 126
National Parks of Canada Land Use Planning Regulations — 1
Definitions 1 (1) The following definitions apply in these Regulations. Act means the Canada National Parks Act . ( Loi ) Chief Executive Officer has the same meaning as in subsection 2(1) of the Parks Canada Agency Act . ( directeur général ) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones ) land use agreement means a lease or licence of occupation, a grant, letters patent for public lands or any agreement between a person and His Majesty in right of Canada in respect of the use of land or a condominium unit in a park. ( entente d’utilisation des terres ) occupancy authorization means an authorization referred to in section 17 . ( autorisation d’occupation ) parcel means any land or condominium unit that is the subject of a land use agreement. ( parcelle ) permit means a permit issued under section 11 . ( permis ) project means any work or activity that is prohibited under subsection 3 (1). ( projet ) structure means any temporary or permanent physical work, such as any building, facility, fence or sign. ( structure ) Interpretation of “park” (2) In these Regulations, a reference to a “park” includes a reference to a “park reserve”.
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
Act means the Canada National Parks Act . ( Loi )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
Chief Executive Officer has the same meaning as in subsection 2(1) of the Parks Canada Agency Act . ( directeur général )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
land use agreement means a lease or licence of occupation, a grant, letters patent for public lands or any agreement between a person and His Majesty in right of Canada in respect of the use of land or a condominium unit in a park. ( entente d’utilisation des terres )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
occupancy authorization means an authorization referred to in section 17 . ( autorisation d’occupation )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
parcel means any land or condominium unit that is the subject of a land use agreement. ( parcelle )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
permit means a permit issued under section 11 . ( permis )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
project means any work or activity that is prohibited under subsection 3 (1). ( projet )
National Parks of Canada Land Use Planning Regulations — National Parks of Canada Land Use Planning Regulations
structure means any temporary or permanent physical work, such as any building, facility, fence or sign. ( structure )
National Parks of Canada Land Use Planning Regulations — 2
Exception — Banff 2 These Regulations do not apply in the town of Banff.
National Parks of Canada Land Use Planning Regulations — 3
Works, activities and land uses 3 (1) It is prohibited to do any of the following, other than in accordance with an authorization or permit issued by the superintendent: (a) change the use of any land or structure, including by changing the intensity of that use; (b) construct, install, alter, move, remove or demolish a structure; (c) excavate the ground or dump fill; (d) materially alter the grade of the land or surface drainage patterns; (e) landscape an area with non‑living materials such as paving stones or make alterations to such landscaping; (f) plant a non‑native or fruit‑bearing plant species; (g) fell, move or damage a tree that (i) in the case of a deciduous tree, has a height of at least 4 m and, if measured from a height of 1 m above the ground, a diameter of at least 6 cm, and (ii) in the case of a coniferous tree, has a height of at least 2.5 m; (h) install exterior lights, other than temporarily for the purpose of a seasonal event. Occupancy (2) It is prohibited to occupy a building, or any part of it, other than in accordance with an occupancy authorization.
National Parks of Canada Land Use Planning Regulations — 4
Exceptions 4 (1) Subsection 3 (1) does not apply in respect of any of the following: (a) a work or activity that is carried out solely for the purpose of maintaining or repairing a structure and that does not alter the colour or finish of the structure’s exterior; (b) a work or activity that is carried out solely for the purpose of altering the interior of a structure, unless it includes a work or activity that, if it were not carried out on public lands, would be subject to the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located; (c) the moving, removal or demolition of a structure, unless it includes a work or activity that, if it were not carried out on public lands, would be subject to the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located; (d) a work or activity that is carried out solely for the purpose of constructing, installing, maintaining or repairing a public roadway or utility; (e) the installation, for a period of less than 10 days, of an individual tent or group of tents if the tent or group of tents, as the case may be, occupy a total floor area of less than 10 m 2 , do not contain any commercial cooking equipment and are located more than 3 m from any structure other than a sign; (f) a work or activity that is carried out by the superintendent or by a person who is acting on behalf of the superintendent in accordance with any conditions specified by the superintendent. Exception — occupancy (2) Subsection 3 (2) does not apply in respect of the temporary occupancy of a building by the federal government or a provincial or municipal government or the temporary occupancy of a building for the purpose of an election, referendum or census.
National Parks of Canada Land Use Planning Regulations — 5
Exception — public safety or emergency 5 Section 3 does not apply in respect of an activity carried out for the purpose of public safety or in response to an emergency.
National Parks of Canada Land Use Planning Regulations — 6
Issuance 6 The superintendent may issue an authorization for any person to construct, install or alter a structure or to landscape an area with non‑living materials or make alterations to such landscaping, and may make the authorization subject to any conditions that the superintendent considers appropriate, unless (a) it includes a work or activity that, if it were not carried out on public lands, would be subject to the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located; or (b) it includes a change to the use of any land or structure, including by changing the intensity of that use.
National Parks of Canada Land Use Planning Regulations — 7
Application 7 (1) Any person who has a land use agreement may apply to the superintendent, in the form approved by the superintendent, for a permit to carry out a project. Requirements (2) The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act and must include (a) the name of the applicant and their contact information; (b) a description of the project that the applicant proposes to carry out, including (i) its estimated costs, (ii) its location, including its municipal address, if any, (iii) a description of the project site that includes any existing structures and land features and their current uses, (iv) an indication of the type of structures proposed to be constructed, if any, and their proposed uses, and (v) any alterations proposed to be made to any existing structures, including their removal, and any changes proposed to be made to their uses; (c) information demonstrating that the proposed project is in conformity with the provisions of the Act and these Regulations; (d) in the case where the proposed project includes a work or activity that, if it were not carried out on public lands, would be subject to any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located, information demonstrating that the project meets the requirements set out in (i) any such code, or (ii) any code on the same subject matter that is published by the National Research Council of Canada or by the Canadian Standards Association; (e) information demonstrating that the proposed project is in the interests of the park, having regard to (i) the nature and extent of the project, (ii) the park management plan and, in the case of a park community, the community plan, (iii) principles of environmental stewardship and heritage conservation, and (iv) any potential impact on natural and cultural resources in the park, including any proposed mitigation measures; and (f) information concerning any potential impact of the proposed project on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 .
National Parks of Canada Land Use Planning Regulations — 8
Pre-application meeting 8 A person who wishes to apply for a permit to carry out a project may consult with the superintendent with respect to the land use planning process before submitting the application, if the proposed project includes (a) the construction, installation, alteration, demolition or removal of a structure; (b) a change to the use of land or of a structure; (c) the installation, alteration or removal of a public utility; (d) the construction, alteration or removal of a public roadway, railroad, gondola or ski lift; or (e) a work, activity or use that has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 .
National Parks of Canada Land Use Planning Regulations — 9
Public consultation 9 The superintendent may consult with the public with respect to a proposed project before making a decision in respect of the issuance of the permit.
National Parks of Canada Land Use Planning Regulations — 10
Consultation with Indigenous peoples 10 If a proposed project has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 , the superintendent must consult with the Indigenous peoples who may be affected before making a decision in respect of the issuance of the permit.
National Parks of Canada Land Use Planning Regulations — 11
Superintendent 11 (1) The superintendent may, on application, issue or amend a permit that authorizes a person to carry out a proposed project if (a) the project is in conformity with the provisions of the Act and any Regulations made under it; (b) the project is in conformity with any land use agreement in respect of the parcel on which the project is to be located; (c) the project is in the interests of the park, having regard to (i) the nature and extent of the project, (ii) the park management plan and, in the case of a park community, the community plan, (iii) principles of responsible environmental stewardship and heritage conservation, and (iv) any potential impact on natural and cultural resources in the park, including any proposed mitigation measures; and (d) in the case where the superintendent has carried out the consultation referred to in section 10 , the superintendent is satisfied that any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 has been identified and taken into account in the permit application. Impact assessment (2) If the application for a permit concerns a project for which an impact assessment is required under the Impact Assessment Act , the Mackenzie Valley Resource Management Act , the Yukon Environmental and Socio-economic Assessment Act or the Nunavut Planning and Project Assessment Act , a permit must not be issued until a final determination has been made under the applicable Act.
National Parks of Canada Land Use Planning Regulations — 12
Conditions of permit 12 The superintendent may make a permit subject to any conditions that the superintendent considers appropriate, including any of the following: (a) that certain types of plans, drawings, specifications or studies be prepared in respect of the project; (b) that certain types of work or activities be carried out by persons with a particular professional qualification, such as a professional accreditation or membership in a provincial licensing body; (c) that no plans, drawings or specifications that have been approved by the superintendent be altered unless the alteration is approved in writing by the superintendent and that the project is carried out in accordance with the approved plans, drawings and specifications; (d) that no person occupy or use any land or structure, or part of a structure, on the parcel where the project is carried out until the superintendent issues a certificate of completion in respect of the project; (e) that measures be implemented to mitigate the impact of the project.
National Parks of Canada Land Use Planning Regulations — 13
Mandatory condition 13 The superintendent must make every permit subject to a condition that the project meet the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the project is carried out or that is published by the National Research Council of Canada or by the Canadian Standards Association.
National Parks of Canada Land Use Planning Regulations — 14
Security 14 (1) The superintendent may make a permit subject to a condition that the permit holder deposit with the superintendent any security that the superintendent considers necessary as a guarantee that the permit holder will comply with the conditions of the permit and with these Regulations. Prohibition (2) It is prohibited for a permit holder to begin carrying out a project before the security specified by the permit has been deposited with the superintendent. Return of security (3) The superintendent must return the security to the permit holder after the certificate of completion is issued with respect to the project.
National Parks of Canada Land Use Planning Regulations — 15
Expiry of permit 15 (1) A permit expires on the earlier of the second anniversary of the day on which the permit is issued or the expiry day specified in the permit. Renewal of permit (2) The superintendent may, if the conditions referred to in paragraphs 11 (1)(a) to (d) are met, renew a permit for a period of no more than 12 months and may make that permit subject to any additional conditions that the superintendent considers appropriate.
National Parks of Canada Land Use Planning Regulations — 16
Issuance 16 The superintendent must issue a certificate of completion with respect to a project if the superintendent is satisfied that the permit holder has completed the project and has complied with all of the conditions of the permit and the requirements of these Regulations.
National Parks of Canada Land Use Planning Regulations — 17
Occupancy authorization 17 The superintendent may include, in the certificate of completion, an authorization for the occupancy of any building, or any part of a building, and may make the authorization subject to conditions, such as that the occupancy be for a particular purpose.
National Parks of Canada Land Use Planning Regulations — 18
Suspension 18 (1) The superintendent may suspend a permit or an occupancy authorization if the person who holds the permit or authorization has contravened a requirement of these Regulations or any condition of the permit or occupancy authorization. Period of suspension (2) The permit or occupancy authorization is suspended until the day on which the superintendent notifies the person who holds the permit or authorization that it is reinstated. Reinstatement (3) The superintendent must reinstate a suspended permit or occupancy authorization (a) if the contravention that led to the suspension has been corrected; (b) after a period of 30 days from the date of the suspension, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or (c) if proceedings have been instituted, after the person who holds the permit or occupancy authorization has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued.
National Parks of Canada Land Use Planning Regulations — 19
Revocation 19 (1) The superintendent may revoke a permit or occupancy authorization if (a) the superintendent has reasonable grounds to believe that the person who holds the permit or occupancy authorization has provided false or misleading information to the superintendent; (b) the person who holds the permit or occupancy authorization is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit or occupancy authorization; or (c) the permit or occupancy authorization has been suspended twice during the period for which it was issued, other than in any case where it was subsequently reinstated under paragraph 18 (3)(b) or (c). Conditions (2) The superintendent must not revoke a permit or occupancy authorization under paragraph (1)(a) unless the superintendent has given the holder of the permit or authorization written reasons and an opportunity to be heard, by written representation, in respect of the proposed revocation.
National Parks of Canada Land Use Planning Regulations — 20
Notice 20 If the superintendent refuses to issue, amend or renew a permit or refuses to issue an occupancy authorization, or suspends or revokes a permit or occupancy authorization, the superintendent must provide notice in writing of their decision, including the reasons, to the applicant or to the holder of the permit or authorization, as the case may be.
National Parks of Canada Land Use Planning Regulations — 21
Request for review 21 (1) Any person whose application for the issuance, amendment or renewal of a permit has been refused or whose permit has been suspended or revoked by the superintendent may request a review of the superintendent’s decision no later than the 30th day after the day on which they receive the notice referred to in section 20 . The request must be submitted in writing to the Chief Executive Officer and include the reasons for the request. Decision of Chief Executive Officer (2) The Chief Executive Officer must direct the superintendent to issue or reinstate the permit if, after carrying out the review, the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect to (a) in the case of a refusal to issue, amend or renew a permit, the requirements and matters to be considered under section 11 ; and (b) in the case of a suspension or revocation of a permit, the reasons set out in section 18 or 19 . Conformity with codes (3) A decision of the superintendent is not reviewable by the Chief Executive Officer under this section if it is with respect to the conformity of a structure with any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the project is carried out or that is published by the National Research Council of Canada or by the Canadian Standards Association. Notice of decision (4) The Chief Executive Officer must provide written notice of their decision, including the reasons, to the person who requested the review.