GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Oil and Gas Act — I-7 17
Offence 17 (1) A person who contravenes any provision of this Act or the regulations, other than a provision in relation to the payment of royalties or other amounts, or who fails to do anything ordered by the Minister under this Act, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000. False information (2) A person who provides information under this Act, knowing that it is false or misleading, or who knowingly misrepresents or fails to disclose a material fact, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding the greater of $100,000 and any amount that was not paid by reason of the commission of the offence. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 18
Continuing offences 18 (1) When an offence under this Act is committed on more than one day or is continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued. Officers, etc., of corporations (2) Any officer, director or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in the commission of an offence by the corporation under this Act is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Offences by employees or agents (3) In the prosecution of a corporation 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 corporation, whether or not the employee or agent is identified or prosecuted. Exception to defence (4) Subsection (3) does not apply to a corporation that establishes that it exercised due diligence to prevent the commission of the offence. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 19
Time limit 19 (1) No prosecution for an offence under this Act may be commenced later than two years after the day on which the Minister became aware of the facts giving rise to the offence or later than 10 years after the day on which the offence was committed, whichever is earlier. Time limit — Contraventions Act (2) No proceedings may be commenced under the Contraventions Act in respect of an offence under this Act later than two years after the day on which the offence was committed. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 20
Compensation for loss of property 20 (1) When a person has been convicted of an offence for the contravention of section 16 in relation to oil or gas exploration, the drilling or testing of a well or the recovery of oil or gas, the convicting court may, at the time sentence is imposed and on the application of Her Majesty in right of Canada or the first nation affected, order the offender to pay to Her Majesty in right of Canada for the benefit of the first nation an amount by way of compensation for any ensuing loss of oil or gas suffered by the first nation or any ensuing reduction in the value of first nation lands. Enforcement (2) If compensation is not paid within 60 days after the issuance of an order under subsection (1), the applicant may, by filing the order, enter the amount of the compensation as a judgment in the superior court of the province in which the trial was held, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender by that court in civil proceedings. Appeal rights (3) An order may not be filed under subsection (2) until all rights of the offender to appeal the conviction are exhausted. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 21
Regulations 21 (1) The Governor in Council may make regulations (a) designating any provision of this Act or the regulations as a provision whose contravention is a violation that may be proceeded with under sections 22 to 28; (b) prescribing for each violation a penalty not exceeding $10,000; (c) respecting the service of documents authorized or required to be served under sections 22 to 28, including their manner and proof of service and the circumstances under which documents are deemed to be served; (d) prescribing the manner of making representations to the Minister under section 23; and (e) generally, for carrying out the purposes and provisions of this section and sections 22 to 28. Commission of violation (2) The contravention of any provision that is designated under paragraph (1)(a) constitutes a violation and the person who commits the violation is liable to the penalty prescribed by the regulations. Continuing violation (3) A violation that is continued on more than one day constitutes a separate violation for each day on which it is continued, but the cumulative penalty imposed for those violations shall not exceed $10,000. Manner of proceeding (4) A contravention of a provision designated under paragraph (1)(a) may be proceeded with either as a violation or as an offence, but proceeding with it in one manner precludes proceeding in the other. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 22
Notice of violation 22 (1) When the Minister believes on reasonable grounds that a person has committed a violation, the Minister may issue a notice of violation and cause it to be served on the person. Contents of notice (2) A notice of violation must name the person believed to have committed the violation, identify the violation and notify the person (a) of the penalty prescribed for the violation by the regulations; (b) that the person may, within 30 days after the day on which the notice is served — or within any longer period specified by the regulations — pay the penalty or make representations to the Minister in respect of the violation; (c) that, if the person does not pay the penalty or make representations in accordance with the regulations, the person will be deemed to have committed the violation and will be liable for the penalty; and (d) that, if the person pays the penalty specified in the notice of violation, the person will be deemed to have committed the violation and proceedings in respect of it will be ended. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 23
Payment of penalty 23 (1) A person served with a notice of violation who pays the penalty specified in the notice is deemed to have committed the violation, and proceedings in respect of the violation are ended. Representations to Minister (2) A person served with a notice of violation may, in accordance with the regulations, make representations to the Minister in respect of the violation within 30 days after the day on which the notice of violation is served — or within any longer period specified by the regulations — in which case the Minister shall determine on a balance of probabilities whether the person committed the violation. Notice of decision (3) The Minister shall issue and cause to be served on a person referred to in subsection (2) a notice of any decision made under that subsection, and the notice shall inform the person of their right, if any, to appeal the decision under section 24. Failure to make representations (4) A person who does not make representations in accordance with the regulations within 30 days after the day on which the notice of violation is served — or within any longer period specified by the regulations — is deemed to have committed the violation. Payment of penalty (5) Where the Minister determines that a person has committed a violation, or where a person is deemed by subsection (4) to have committed one, the person shall pay the penalty specified in the notice of violation. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 24
Right of appeal 24 (1) A person who is determined by the Minister to have committed a violation may, within 30 days after the day on which the notice of that decision is served, appeal the decision to the Federal Court. Powers of Court (2) On an appeal, the Federal Court may confirm or set aside the decision of the Minister. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 25
Debts to Her Majesty 25 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction. Certificate of default (2) In case of default of payment of any part of a debt referred to in subsection (1), the Minister may issue a certificate of default attesting to the amount unpaid. Registration in Federal Court (3) Registration in the Federal Court of a certificate of default has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 26
Violations not offences 26 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 27
Evidence 27 A notice of violation purporting to be issued under subsection 22(1), a notice of decision purporting to be issued under subsection 23(3) or a certificate of default purporting to be issued under subsection 25(2) is admissible in evidence in a proceeding in respect of a violation without proof of the signature or official character of the person appearing to have signed it. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 28
Time limit 28 (1) No notice of violation may be issued later than two years after the day on which the Minister became aware of the facts giving rise to the violation. Certificate of Minister (2) A document appearing to have been issued by the Minister, certifying the day on which the Minister became aware of the facts giving rise to a violation, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 28.1
Report 28.1 At least every two years after the coming into force of the present section, the Minister shall prepare a report on the administration of this Act during the two preceding years and shall table a copy of the report in each House of Parliament within the first fifteen days that it is sitting after the completion of the report, which shall include a summary addressing the following matters: (a) the progress of the consultations mentioned in paragraph 6(1.1)(a) and a list of concerns raised during such consultations; (b) any proposed regulation to be made under subsection 6(1.1); and (c) any regulations made under this Act and describe any variations in the regulations from province to province. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 29
Prior amounts owing 29 If any amount is owing under this Act on the day on which this section comes into force, section 5.1 applies in respect of that amount and to any interest owing on it whether or not its recovery was previously barred by an Act of Parliament or a law of a province. 2009, c. 7, s. 3
Industrial and Regional Development Act — I-8 1
Short title 1 This Act may be cited as the Industrial and Regional Development Act . 1980-81-82-83, c. 160, s. 1
Industrial and Regional Development Act — I-8 2
Definitions 2 In this Act, approved lender means an approved lender as defined by the regulations; ( prêteur agréé ) commercial operation means a commercial operation as defined by the regulations and includes such class of operations within the service industry as are designated by the Minister pursuant to subsection 7(2); ( affaire commerciale ) development index means the index that may be established pursuant to regulations made under paragraph 15(a); ( indice de développement ) district means a census division established by Statistics Canada for the purpose of tabulating and publishing census data; ( district ) eligible person means a person who carries on activities that support commercial operations and, without limiting the generality of the foregoing, includes an economic, business or technological institute or centre, a municipal corporation or a municipal industrial development corporation; ( personne admissible ) Minister , in relation to any class of matters to which this Act extends in any province or region of a province, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act in relation to that class of matters in that province or region of a province; ( ministre ) prescribed means prescribed by regulations of the Governor in Council; ( Version anglaise seulement ) province does not include Yukon, the Northwest Territories or Nunavut. ( province ) R.S., 1985, c. I-8, s. 2; R.S., 1985, c. 11 (4th Supp.), s. 14; 1993, c. 28, s. 78; 2002, c. 7, s. 185(E)
Industrial and Regional Development Act — I-8
approved lender means an approved lender as defined by the regulations; ( prêteur agréé )
Industrial and Regional Development Act — I-8
commercial operation means a commercial operation as defined by the regulations and includes such class of operations within the service industry as are designated by the Minister pursuant to subsection 7(2); ( affaire commerciale )
Industrial and Regional Development Act — I-8
development index means the index that may be established pursuant to regulations made under paragraph 15(a); ( indice de développement )
Industrial and Regional Development Act — I-8
district means a census division established by Statistics Canada for the purpose of tabulating and publishing census data; ( district )
Industrial and Regional Development Act — I-8
eligible person means a person who carries on activities that support commercial operations and, without limiting the generality of the foregoing, includes an economic, business or technological institute or centre, a municipal corporation or a municipal industrial development corporation; ( personne admissible )
Industrial and Regional Development Act — I-8
Minister , in relation to any class of matters to which this Act extends in any province or region of a province, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act in relation to that class of matters in that province or region of a province; ( ministre )
Industrial and Regional Development Act — I-8
prescribed means prescribed by regulations of the Governor in Council; ( Version anglaise seulement )
Industrial and Regional Development Act — I-8
province does not include Yukon, the Northwest Territories or Nunavut. ( province )
Industrial and Regional Development Act — I-8 3
Arrangement of districts into Tier Groups 3 (1) On or before July 1 of each year, the Minister shall, in accordance with subsection (2), arrange all districts into four groups, in this Act called Tier Groups. Limitation (2) In arranging districts into Tier Groups, the Minister shall ensure that (a) one Tier Group, called Tier Group IV, includes those districts, comprising not more than five per cent of the population of the provinces, that, as ranked under the development index, require the greatest assistance in creating opportunities for economic growth; (b) one Tier Group, called Tier Group III, includes (i) those districts, comprising not more than fifteen per cent of the population of the provinces, that, as ranked under the development index, require the greatest assistance, after those districts in Tier Group IV, in creating opportunities for economic growth, and (ii) Yukon, the Northwest Territories and Nunavut; (c) one Tier Group, called Tier Group II, includes those districts, comprising not more than thirty per cent of the population of the provinces, that, as ranked under the development index, require the greatest assistance, after those districts in Tier Groups III and IV, in creating opportunities for economic growth; and (d) one Tier Group, called Tier Group I, includes all districts in the provinces not included in Tier Group II, III or IV. R.S., 1985, c. I-8, s. 3; 1993, c. 28, s. 78; 2002, c. 7, s. 186(E)
Industrial and Regional Development Act — I-8 4
Grants, contributions and loans in respect of projects of commercial operations 4 (1) Subject to this Act, on application therefor to the Minister by a commercial operation, the Minister may, in accordance with the regulations, make a grant, contribution or loan to the commercial operation in respect of a project carried out or to be carried out by the commercial operation for the purpose of (a) establishing, expanding, modernizing or enhancing the productivity of the commercial operation; (b) promoting the marketing of one or more products or services of the commercial operation; (c) developing new or improved products or production processes of the commercial operation, or carrying on research in respect thereof; or (d) restructuring the commercial operation so as to enable it to continue on a commercially viable basis. Guarantees in respect of commercial operations (2) Subject to this Act, on application therefor to the Minister by a commercial operation, the Minister may, in accordance with the regulations, guarantee the repayment of any portion of the principal and interest owing on any loan made by an approved lender to the commercial operation in respect of a project carried out or to be carried out by the commercial operation for a purpose referred to in paragraphs (1)(a) to (d). 1980-81-82-83, c. 160, s. 4
Industrial and Regional Development Act — I-8 5
Grants, contributions and loans to eligible persons 5 (1) Subject to this Act, on application therefor to the Minister by an eligible person, the Minister may, in accordance with the regulations, make a grant, contribution or loan to the eligible person, if the eligible person supports, directly or indirectly, commercial operations by (a) carrying on activities that provide a framework for the establishment, modernization or expansion of a commercial operation; (b) promoting the marketing of one or more products or services of commercial operations; (c) carrying on research in respect of the development of new or improved products or production processes; or (d) providing services, or engaging in other activities, of benefit to commercial operations. Guarantees in respect of eligible persons (2) Subject to this Act, on application therefor to the Minister by an eligible person, the Minister may, in accordance with the regulations, guarantee the repayment of any portion of the principal and interest owing on any loan made by an approved lender to an eligible person if the eligible person supports, directly or indirectly, commercial operations in a manner described in paragraphs (1)(a) to (d). 1980-81-82-83, c. 160, s. 5
Industrial and Regional Development Act — I-8 6
Terms and conditions in respect of projects of commercial operations 6 (1) Any grant, contribution or loan made, or any guarantee given, in respect of a project carried out or to be carried out by a commercial operation under section 4 shall be made or given in accordance with the terms and conditions prescribed in respect of the Tier Group that includes the district in which the project is carried out or is to be carried out. Terms and conditions in respect of eligible person (2) Any grant, contribution or loan made to, or any guarantee given in respect of, an eligible person by virtue of his carrying on activities described in paragraph 5(1)(a) in respect of a commercial operation shall be made or given in accordance with the terms and conditions prescribed in respect of the Tier Group that includes the district in which the commercial operation is located. 1980-81-82-83, c. 160, s. 6
Industrial and Regional Development Act — I-8 7
Where commercial operation in more than one district 7 (1) Where a project or a commercial operation is located in more than one district, it shall, for the purposes of this Act, be deemed to be located in such district as the Minister may determine. Designation of operations within the service industry (2) The Minister may, by order, designate any class of operations within the service industry as commercial operations for the purposes of this Act. 1980-81-82-83, c. 160, s. 7
Industrial and Regional Development Act — I-8 8
Where no contribution, loan, grant or guarantee permitted 8 No contribution, loan or grant may be made to, or guarantee given in respect of, a commercial operation or an eligible person under this Act if, in the opinion of the Minister, (a) it is probable that the project carried out or to be carried out by the commercial operation or the activity of the eligible person by which the eligible person supports commercial operations would proceed or would continue in the actual or proposed location, within the actual or proposed scope and within the actual or proposed time, whether or not the grant, contribution or loan is made or the guarantee given; or (b) the project or the activity will not or would not make a significant contribution to the economic or social benefit of Canada. 1980-81-82-83, c. 160, s. 8
Industrial and Regional Development Act — I-8 9
Stock options 9 Subject to the regulations, the Minister may acquire, exercise, assign or sell a stock option obtained as a condition under which a contribution or loan was made or guarantee given under this Act. 1980-81-82-83, c. 160, s. 9
Industrial and Regional Development Act — I-8 10
Limitation on loans guaranteed 10 The aggregate amount of guarantees given under this Act and insurance of loans provided for by subparagraph (a)(i) of Industry, Trade and Commerce Vote 1a of Appropriation Act No. 1, 1980-81 , chapter 3 of the Statutes of Canada, 1980-81-82-83, as amended by paragraph (a) of Industry, Trade and Commerce Vote 1e of Appropriation Act No. 4, 1981-82 , chapter 90 of the Statutes of Canada, 1980-81-82-83, that are outstanding at any one time shall not exceed one billion two hundred million dollars. 1980-81-82-83, c. 160, s. 10
Industrial and Regional Development Act — I-8 11
Recovery of contributions 11 (1) Where a contribution is made to a commercial operation or an eligible person under this Act and for any reason (a) the commercial operation or eligible person is not entitled to the contribution, (b) the amount of the contribution exceeds the amount to which the commercial operation or eligible person is entitled, or (c) a term or condition to which the contribution is subject has not been met or has been contravened, the amount of the contribution or excess, as the case may be, together with interest determined as prescribed and computed from the date the contribution is made, is a debt due to Her Majesty in right of Canada and may be recovered as such from the commercial operation or eligible person in any court of competent jurisdiction. No recovery in certain cases (2) Where a circumstance referred to in paragraph (1)(a), (b) or (c) occurs in respect of a contribution made to a commercial operation or an eligible person under this Act and the Minister has, under such conditions as are prescribed, advised the commercial operation or eligible person in writing that the amount of the contribution will not be recovered from the commercial operation or eligible person in that circumstance, subsection (1) shall, effective on the date the circumstance occurred, cease to apply in respect of the contribution. 1980-81-82-83, c. 160, s. 11
Industrial and Regional Development Act — I-8 12
Offence and punishment 12 Every one who, under this Act, submits any information or documentation, makes any statement or answers any question, whether in connection with an application for a grant, contribution, loan or guarantee or otherwise, knowing that the information, documentation, statement or answer is false or misleading or misrepresents or fails to disclose a material fact, is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both; or (b) on conviction on indictment, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. 1980-81-82-83, c. 160, s. 12