GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Water Act — C-11 6
Federal water resource management programs 6 (1) Subject to subsection (2), the Minister shall, with the approval of the Governor in Council, undertake directly, (a) with respect to any federal waters, any program described in any of paragraphs 5(a) to (e) and the implementation of any program described in paragraph 5(d) or (e); (b) with respect to any inter-jurisdictional waters where there is a significant national interest in the water resource management thereof, any program described in paragraph 5(d) or (e); and (c) with respect to any international or boundary waters where there is a significant national interest in the water resource management thereof, any program described in paragraph 5(d) or (e) and the implementation of any such program. Condition to approval of federal programs (2) The Governor in Council shall not approve the undertaking by the Minister of any program pursuant to paragraph (1)(b) or (c) unless the Governor in Council is satisfied that all reasonable efforts have been made by the Minister to reach an agreement under section 5 with the one or more provincial governments having an interest in the water resource management of the waters in question and that those efforts have failed. Minister to consider priorities (3) In undertaking any programs pursuant to subsection (1), the Minister shall take into account any priorities for development recommended pursuant to paragraph 4(a). R.S., c. 5(1st Supp.), s. 5
Canada Water Act — C-11 7
Research, data collection and inventory establishment 7 The Minister may conduct research, collect data and establish inventories respecting any aspect of water resource management or the management of any specific water resources or provide for the conduct of any such research, data collection or inventory establishment by or in cooperation with any government, institution or person. R.S., c. 5(1st Supp.), s. 6
Canada Water Act — C-11 9
Prohibition 9 Except in quantities and under conditions prescribed with respect to waste disposal in the water quality management area in question, including the payment of any effluent discharge fee prescribed therefor, no person shall deposit or permit the deposit of waste of any type in any waters composing a water quality management area designated pursuant to section 11 or 13, or in any place under any conditions where the waste or any other waste that results from the deposit of the waste may enter any such waters. R.S., c. 5(1st Supp.), s. 8
Canada Water Act — C-11 10
Application of section 9 10 Section 9 is not applicable in respect of a water quality management area designated pursuant to section 11 or 13 until a proclamation has been issued declaring it to be applicable in respect of that area. R.S., c. 5(1st Supp.), s. 39
Canada Water Act — C-11 11
Federal-provincial agreements 11 (1) The Minister may, with the approval of the Governor in Council, enter into agreements with one or more provincial governments that have an interest in the water quality management of (a) any federal waters; or (b) any waters, other than federal waters, the water quality management of which has become a matter of urgent national concern. Object of agreements (2) An agreement referred to in subsection (1) shall (a) designate the waters to which the agreement relates as a water quality management area; (b) provide for water quality management programs in respect of those waters; and (c) authorize the Minister, jointly with such one or more provincial governments, to procure the incorporation of a corporation without share capital, or to name an existing corporation that is an agent of Her Majesty in right of Canada or a province or that performs any function or duty on behalf of the Government of Canada or the government of a province, as a water quality management agency to plan, initiate and carry out, in conjunction with the Minister and the provincial government or governments referred to in subsection (1), programs described in section 15 in respect of the waters described in that subsection. R.S., c. 5(1st Supp.), s. 9
Canada Water Act — C-11 12
Matters to be specified in agreements 12 (1) Where, pursuant to section 11, the Minister enters into an agreement with one or more provincial governments, the agreement shall, where applicable, in respect of each water quality management program that is the subject of the agreement, specify (a) the responsibilities of the Minister and the provincial government or governments and the times at which and the manner in which those responsibilities are to be undertaken; (b) the proportions of the capital cost of the respective parts of the program that are to be paid by the Minister and the provincial government or governments and the times at which amounts representing those proportions are to be paid; (c) the loans or contributions to be made or paid by the Minister and the provincial government or governments in respect of the cost of incorporation and operating expenses of the agency that is to undertake the program, the loans to be made by the Minister and that government or those governments in respect of capital costs incurred by that agency and the times at which those loans or contributions are to be made or paid; (d) the labour, land and materials that are to be supplied by the Minister and the provincial government or governments to the agency referred to in paragraph (c); (e) the proportions in which any compensation awarded or agreed to be paid to any body or person suffering loss as a result of the program is to be paid by the Minister and the provincial government or governments; and (f) the terms and conditions relating to the undertaking, operation and maintenance of the program by the agency referred to in paragraph (c). Termination of agreement (2) An agreement entered into pursuant to section 11 shall provide that it may be terminated, on six months written notice by any party to the agreement to all other parties thereto or on such lesser notice as may be agreed on by all the parties, and that on the expiration of the time fixed by the notice for the termination of the agreement any agency incorporated thereunder shall be wound up. Provisions to be included in agreements (3) An agreement entered into pursuant to section 11 shall, in respect of the agency the incorporation of which is thereby authorized to be procured, if any, provide for (a) the proposed corporate name of the agency; (b) the place within the water quality management area designated in the agreement where the head office of the agency is to be situated; (c) the members of the agency that are to be appointed by the Minister and the provincial government or governments that are parties to the agreement and the terms and conditions of the appointments; (d) the proposed by-laws of the agency; and (e) the matters set out in paragraphs 8(2)(b) and (d) to (f). R.S., c. 5(1st Supp.), s. 10
Canada Water Act — C-11 13
Federal programs respecting inter-jurisdictional waters 13 (1) Where the water quality management of any inter-jurisdictional waters has become a matter of urgent national concern, the Governor in Council, subject to subsection (2), may, on the recommendation of the Minister, designate those waters as a water quality management area and authorize the Minister to name an existing corporation that is an agent of Her Majesty in right of Canada, or that performs any function or duty on behalf of the Government of Canada, as a water quality management agency to plan, initiate and carry out programs described in section 15 in respect of those waters. Conditions for programs (2) The Governor in Council may exercise the powers referred to in subsection (1) where either (a) the Governor in Council is satisfied that all reasonable efforts have been made by the Minister to reach an agreement under section 11 with the one or more provincial governments having an interest in the water quality management of the inter-jurisdictional waters in question and that those efforts have failed, or (b) although an agreement was reached under section 11 in respect of those inter-jurisdictional waters and an agency was incorporated or named under the agreement, the Minister and the appropriate minister of each provincial government that was a party to the agreement disagreed with the recommendations of the agency with respect to water quality standards for those waters and were unable to agree on a joint recommendation with respect thereto and, as a result of the failure to agree, the agreement under section 11 was terminated. Programs respecting federal waters (3) The Governor in Council may, on the recommendation of the Minister, designate any federal waters as a water quality management area and authorize the Minister to name an existing corporation that is an agent of Her Majesty in right of Canada, or that performs any function or duty on behalf of the Government of Canada, as a water quality management agency to plan, initiate and carry out programs described in section 15 in respect of those waters. Directions (4) The Minister may give directions to any federal agency with respect to the implementation of any water quality management program. R.S., c. 5(1st Supp.), s. 11; 1984, c. 31, s. 14
Canada Water Act — C-11 14
Agent of Her Majesty 14 (1) A federal agency is for all purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty. Contracts (2) A federal agency may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in its own name. Property (3) Any property acquired by a federal agency is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in its own name. Proceedings (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by a federal agency on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against that agency in the name of the agency in any court that would have jurisdiction if it were not an agent of Her Majesty. R.S., c. 5(1st Supp.), s. 12
Canada Water Act — C-11 15
es; (b) undertake the collection of any charges prescribed for waste treatment at any waste treatment facility that is operated and maintained by the agency and for waste sample analysis carried out by it; (c) undertake the collection of effluent discharge fees prescribed to be payable by any person for the deposit of waste in those waters; (d) monitor, on a regular basis, water quality levels; (e) provide facilities for the analysis of samples of waste and collect and provide data respecting the quantity and quality of waste and the effects thereof on those waters; (f) regularly inspect any waste treatment facilities within the water quality management area for which the agency is incorporated or named, whether they are publicly or privately owned; (g) publish or otherwise distribute such information as may be required under this Act; and (h) do such other things as are necessary to achieve effective water quality management of those waters. Restriction on powers to borrow, etc. (5) An agency does not, except with respect to loans authorized to be made to the agency by the Minister or a provincial government as described in paragraph 12(1)(c), have power to borrow moneys, to issue securities or to guarantee the payment of any debt or obligation of any person. R.S., c. 5(1st Supp.), s. 13
Canada Water Act — C-11 16
Remuneration of members 16 (1) The members of an agency who are appointed by the Minister or by the Governor in Council and who are not employees in the federal public administration shall be paid by the agency such remuneration as is authorized by the Governor in Council. Staff and professional or technical assistance (2) The Minister may provide any agency with such officers and employees as may be necessary for the proper functioning of the agency, and may provide it with such professional or technical assistance for temporary periods or for specific work as the agency may request. Employment and remuneration of staff and consultants (3) Subject to the agreement under which the incorporation of an agency was authorized to be procured or to any direction of the Minister under subsection 13(4) in respect of a federal agency, the agency may employ such officers and employees and such consultants and advisers as it considers necessary to enable it to carry out its objects and may fix the terms and conditions of their employment and their remuneration, which shall be paid by the agency. R.S., 1985, c. C-11, s. 16; 2003, c. 22, s. 224(E)
Canada Water Act — C-11 17
Operating account 17 (1) Each agency shall maintain, in a bank, an account under the name of the agency. Credits (2) There shall be deposited to the account referred to in subsection (1) (a) all amounts collected by the agency as or on account of charges levied for treatment of waste, for the analysis of samples of waste or for the deposit of waste in the waters composing the water quality management area for which the agency is incorporated or named; (b) contributions paid or loans made to the agency by the Government of Canada or the government of a province in respect of the cost of incorporation of the agency, in respect of its operating expenses or in respect of capital costs incurred by it; and (c) interest received by the agency on securities purchased, acquired and held by it pursuant to subsection (4). Debits (3) All expenditures incurred by the agency in its operations and all repayments of loans made to the agency and payments of interest thereon shall be paid out of the account referred to in subsection (1). Investment of surplus funds (4) An agency may from time to time, out of any surplus funds standing to its credit in an account maintained pursuant to subsection (1), purchase, acquire and hold (a) in the case of a federal agency, any securities of or guaranteed by the Government of Canada; and (b) in the case of any other agency, any securities of or guaranteed by the Government of Canada, or of or guaranteed by the government of any province that is a party to the agreement pursuant to which the agency was authorized to be incorporated or was named. Sale of investments (5) An agency may sell any securities purchased, acquired and held pursuant to subsection (4) and the proceeds of sale shall be deposited to the credit of the agency in the account maintained in respect of the agency under subsection (1). R.S., c. 5(1st Supp.), s. 15
Canada Water Act — C-11 25
Designation 25 (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Act but where a qualified officer of any other department or agency of the Government of Canada carries out similar duties for the purposes of another Act the Minister shall designate that officer whenever possible. Certificate to be produced (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any area, place, premises, vehicle or vessel referred to in subsection 26(1) an inspector shall, if so required, produce the certificate to the person in charge thereof. R.S., c. 5(1st Supp.), ss. 23, 24
Canada Water Act — C-11 27
Obstruction of inspector 27 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations. False statements (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out his duties or functions under this Act or the regulations. R.S., c. 5(1st Supp.), s. 25
Canada Water Act — C-11 28
Establishment and constitution of advisory committees 28 (1) The Minister may establish and appoint the members of such advisory committees as the Minister considers desirable for the purpose of advising and assisting him in carrying out the purposes and provisions of this Act. Expenses and allowances (2) Each member of an advisory committee is entitled to be paid reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties as a member and may, with the approval of the Minister, be paid such amount as is fixed by the Governor in Council for each day the member attends any meeting of the committee or for each day during which he performs, with the approval of the committee, any duties on behalf of the committee in addition to his ordinary duties. R.S., c. 5(1st Supp.), s. 26
Canada Water Act — C-11 29
Distribution of information 29 The Minister may, either directly or in cooperation with any government, institution or person, publish or otherwise distribute or arrange for the publication or distribution of such information as the Minister deems necessary to inform the public respecting any aspect of the conservation, development or utilization of the water resources of Canada. R.S., c. 5(1st Supp.), s. 27
Canada Water Act — C-11 30
Punishment 30 (1) Every person who contravenes section 9 is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars for each offence. Continuing offences (2) Where an offence under subsection (1) is committed on, or continued for, more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued. R.S., 1985, c. C-11, s. 30; R.S., 1985, c. 16 (4th Supp.), s. 143
Canada Water Act — C-11 31
Punishment 31 Every person who contravenes section 27 or any regulation made under paragraph 18(1)(e), (f) or (g) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-11, s. 31; R.S., 1985, c. 16 (4th Supp.), s. 144
Canada Water Act — C-11 32
Order to refrain or to cease activity 32 Where a person is convicted of an offence under this Act, the court may, in addition to any punishment it may impose, order that person to refrain from any further contravention of the provision of this Act or the regulations for the contravention of which that person has been convicted or to cease to carry on any activity specified in the order the carrying on of which, in the opinion of the court, will or is likely to result in any further contravention thereof. R.S., c. 5(1st Supp.), s. 30
Canada Water Act — C-11 33
Offence of employee or agent 33 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused. R.S., c. 5(1st Supp.), s. 31
Canada Water Act — C-11 34
Limitation period 34 Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose. R.S., c. 5(1st Supp.), s. 32
Canada Water Act — C-11 35
Venue 35 Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., c. 5(1st Supp.), s. 33
Canada Water Act — C-11 36
Action to enjoin not prejudiced by prosecution 36 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under subsection 30(1), the Attorney General of Canada may commence and maintain proceedings to enjoin any contravention of section 9. Civil remedy not affected (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act. R.S., c. 5(1st Supp.), s. 34
Canada Water Act — C-11 37
Certificate of analyst 37 (1) Subject to subsections (2) and (3), a certificate purporting to be signed by an analyst and stating that the analyst has analyzed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution for a contravention of this Act and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice of intended production of certificate (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. R.S., c. 5(1st Supp.), s. 35
Canada Water Act — C-11 38
Annual report 38 The Minister shall, as soon as possible after the end of each fiscal year, prepare a report on the operations under this Act for that year, and the Minister shall cause the report to be laid before Parliament forthwith on the completion thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. R.S., c. 5(1st Supp.), s. 36
Canada Water Act — C-11 39
Loans, grants and contributions 39 The Minister may, with the approval of the Governor in Council, (a) make loans or pay contributions to any agency in respect of the cost of incorporating the agency or in respect of its operating expenses or make loans to any agency in respect of capital costs incurred by it; and (b) in accordance with an agreement entered into under section 5, make loans or pay grants to the government of any province to meet any part of such portion of the cost of programs undertaken pursuant to the agreement as is to be paid by the Minister. R.S., c. 5(1st Supp.), s. 38
Canadian Bill of Rights — C-12.3 Preamble
Preamble The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;
Canadian Bill of Rights — C-12.3
Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
Canadian Bill of Rights — C-12.3
And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:
Canadian Bill of Rights — C-12.3
Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Bill of Rights — C-12.3 1
Recognition and declaration of rights and freedoms 1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely, (a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law; (b) the right of the individual to equality before the law and the protection of the law; (c) freedom of religion; (d) freedom of speech; (e) freedom of assembly and association; and (f) freedom of the press.