GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Ownership and Control Determination Act — C-20 13
Avoiding or mitigating unjust result 13 (1) Where, in respect of any person whose Canadian ownership rate is relevant to an application for a certificate or to whom a certificate currently in effect has been issued, the Minister is of the opinion that due to exceptional circumstances the determination of the Canadian ownership rate of that person in accordance with this Act and the regulations would produce or has produced a result that is manifestly unjust to that person in any case, he may, at any time, on his own initiative and without any notice or hearing, make or remake the determination in such manner as, in his opinion, will, as equitably as possible, avoid or mitigate that result, and that determination or redetermination shall be binding on all persons for the purposes of this Act. New certificate to be issued (2) Where the Minister makes a determination or redetermination pursuant to subsection (1), he shall issue a certificate or new certificate accordingly, stating the Canadian ownership rate or the Canadian ownership rate and control status of the applicant, and the effective period of the certificate. Effective period (3) A certificate issued pursuant to subsection (2) shall be effective for the period provided by section 10. Redetermination where this Act and the regulations not complied with (4) Notwithstanding anything in this Act, where the Minister is of the opinion that the Canadian ownership rate or control status stated in a certificate was not determined in accordance with this Act and the regulations to the prejudice of the person to whom the certificate was issued, the Minister shall redetermine the Canadian ownership rate or control status in accordance with this Act and the regulations and issue a new certificate accordingly. Idem (5) A new certificate issued pursuant to subsection (2) or (4) shall replace any certificate in effect on its issue, shall be effective as of the day the certificate so replaced became effective and shall continue to be effective until the day the certificate so replaced would, but for this section, have ceased to be effective. Special status person (6) The Governor in Council may, by order, declare any person to have a special status and, where that declaration is made, that person shall be deemed to have a Canadian ownership rate of one hundred per cent. 1980-81-82-83, c. 107, s. 45
Canadian Ownership and Control Determination Act — C-20 14
Keeping records 14 (1) Every person to whom a certificate has been issued shall keep documents, records and books of account at his place of business or other prescribed place in Canada in such form and containing such information as will enable the Minister to verify that the person is qualified to apply for a certificate, to verify the Canadian ownership rate or control status of the person and to verify the accuracy and completeness of the information and documentation submitted to the Minister in respect of the person. Disposal of records (2) Every person required by subsection (1) to keep documents, records and books of account shall retain every such document, record or book of account until the expiration of six years from the day the relevant application for a certificate was filed, unless otherwise authorized by the Minister. 1980-81-82-83, c. 107, s. 46
Canadian Ownership and Control Determination Act — C-20 15
Audit or examination 15 (1) At any time after an application for a certificate has been filed, the Minister may, on giving notice in writing to the applicant, conduct audits or examinations of the relevant documents, records and books of account of the applicant to verify that the applicant is qualified to apply for a certificate, to verify the Canadian ownership rate or control status of the applicant and to verify the accuracy and completeness of the information and documentation submitted to the Minister in respect of the applicant. Records to be made available (2) Documents, records and books of account required to be kept by or under this Act shall, for the purpose of audit or examination, be made available at all reasonable times to any person authorized by the Minister for the purpose. Assisting authorized persons (3) Every applicant for a certificate shall, for the purpose of an audit or examination under this Act, give all reasonable assistance to any person authorized by the Minister to carry out the audit or examination, provide access to all relevant sites, answer, orally or in writing, as required, all questions relating to the audit or examination and provide all information and documentation in his possession and all copies required for the purpose of the audit or examination. Non-compliance (4) Where an applicant for a certificate refuses without reasonable cause to submit to an audit or examination under this section or refuses or knowingly fails to comply with any other requirement of this section, the Minister may (a) refuse to issue a certificate to the applicant; (b) by notice in writing delivered personally or sent by registered mail, revoke the applicant’s certificate effective as of the day specified in the notice; and (c) deem the Canadian ownership rate of the applicant to be nil or deem the applicant not to be Canadian controlled for any period prior to the date of the refusal or failure to comply during which any certificate issued to the applicant was effective. Presumption (5) Where the Minister revokes a certificate pursuant to subsection (4), the Canadian ownership rate of the applicant shall be deemed to be nil for any period prior to the date of the revocation during which that or any other certificate issued to the applicant was effective. Definition of applicant (6) In this section, applicant includes a person to whom a certificate has been issued pursuant to an application. 1980-81-82-83, c. 107, s. 47
Canadian Ownership and Control Determination Act — C-20 17
Privileged information and documentation 17 Information or documentation obtained by the Minister under this Act or by a person or agency referred to in paragraphs 18(1)(a) to (e) is privileged and shall not knowingly be or be permitted to be communicated, disclosed or made available without the written consent of the person from whom it was obtained. 1980-81-82-83, c. 107, s. 49
Canadian Ownership and Control Determination Act — C-20 18
Exceptions 18 (1) Information or documentation obtained under this Act may be communicated, disclosed or made available for the purposes of the administration or enforcement of this Act, legal proceedings related thereto or criminal proceedings under an Act of Parliament and may be communicated, disclosed or made available (a) to the Minister of Finance solely for the purposes of evaluating and formulating tax policy in relation to energy matters; (b) to the Minister designated to act as the Minister for the purposes of the Foreign Investment Review Act , chapter 46 of the Statutes of Canada, 1973-74, for any purpose relating to the administration or enforcement of that Act or this Act; (c) to the Minister of Finance for any purpose relating to the administration or enforcement of this Act; (d) to any agency established under an Act of Parliament to which the Minister is, by that Act, required to make available statistics, information and documentation obtained by the Minister under that Act that relate to energy enterprises or corporations that control energy enterprises; and (e) to any person referred to in paragraph 31(2)(b) of the Petroleum Incentives Program Act . Idem (2) The Minister may communicate, disclose or make available the names, Canadian ownership rates and control status of persons to whom certificates have been issued. R.S., 1985, c. C-20, s. 18; 1991, c. 47, s. 712
Canadian Ownership and Control Determination Act — C-20 19
Evidentiary privilege 19 Notwithstanding any other Act or law, no person who obtains information or documentation under this Act shall be required, in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act or criminal proceedings under this Act or any other Act of Parliament, to give evidence relating to any information or documentation that is privileged under this Act or to produce any statement, document, writing or portion thereof containing any of that information or documentation. 1980-81-82-83, c. 107, s. 51
Canadian Ownership and Control Determination Act — C-20 20
Regulations 20 The Governor in Council may make regulations (a) defining formal equity with respect to persons other than corporations, partnerships or trusts; (b) respecting the interests or rights that constitute informal equity; (c) prescribing the classes or types of interests or rights to acquire formal equity and prescribing the circumstances in which and the persons by whom those interests or rights shall be deemed to have been exercised or acquired; (d) determining classes of formal equity and prescribing the types of shares, interests or rights that shall be excluded from formal equity; (e) respecting the calculation or determination of the Canadian ownership rate of any person or class of persons, the authorization of the Minister to make any calculation or determination necessary for those purposes and the manner in which any such calculation or determination shall be made; (f) prescribing the circumstances in which a person or class of persons shall be deemed not to be Canadian controlled; (g) respecting the determination of the control status of a person other than a corporation; (h) respecting the meaning of the words owned , owner and ownership for the purposes of this Act and the regulations; (i) prescribing any other matter or thing that is by this Act to be prescribed; and (j) respecting such other matters or things as are necessary to carry out the provisions of this Act. 1980-81-82-83, c. 107, s. 52
Canadian Ownership and Control Determination Act — C-20 21
Artificial transactions 21 (1) Whether or not the Minister has made a determination of a Canadian ownership rate in respect of an applicant for a certificate, where the Minister is of the opinion that (a) any agreement, arrangement, transaction or operation affecting the Canadian ownership rate of an investor or applicant would result in a determination of the Canadian ownership rate on the basis of formal equity of the applicant that does not truly reflect the degree of participation of persons having interests or rights in the investor or applicant, and (b) one of the main reasons for the agreement, arrangement, transaction or operation was to achieve the result described in paragraph (a), the Minister may, at any time, on his own initiative and without any notice or hearing, determine or redetermine the Canadian ownership rate of the applicant having such regard, if any, to that agreement, arrangement, transaction or operation as the Minister considers appropriate in the circumstances. New certificate to be issued (2) A determination or redetermination pursuant to subsection (1) shall be binding on all persons for the purposes of this Act and the Minister shall, if necessary, issue a new certificate accordingly, stating the Canadian ownership rate or the Canadian ownership rate and control status of the applicant and the effective period of the certificate and, on the issue of a new certificate to any person pursuant to this section, any certificate of that person ceases to be effective as of the day the new certificate is effective. 1980-81-82-83, c. 107, s. 53
Canadian Ownership and Control Determination Act — C-20 22
Failure to comply 22 Subject to section 23, every person who contravenes or fails to comply with subsection 11(1), section 14, 15 or 17 or the regulations is guilty of an offence punishable on summary conviction and liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both. 1980-81-82-83, c. 107, s. 54
Canadian Ownership and Control Determination Act — C-20 23
False information 23 Every applicant for a certificate, holder of a certificate, investor or nominee of an investor who, under this Act or the regulations, submits any information or documentation, makes any statement or answers any question, whether in connection with an application for a certificate 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 one hundred 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 million dollars or to imprisonment for a term not exceeding five years or to both. 1980-81-82-83, c. 107, s. 55
Canadian Ownership and Control Determination Act — C-20 24
Offence by employee or agent 24 In any prosecution for an offence under this Act or the regulations, 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 his knowledge or consent and that he exercised all due diligence to prevent its commission. 1980-81-82-83, c. 107, s. 56
Canadian Ownership and Control Determination Act — C-20 25
Officers, etc., of corporations 25 Where a corporation commits an offence under this Act or the regulations, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence 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. 1980-81-82-83, c. 107, s. 57
Canadian Ownership and Control Determination Act — C-20 26
Limitation period 26 A prosecution by way of summary conviction for an offence under this Act or the regulations may not be instituted more than five years after the time when the subject-matter of the complaint arose. 1980-81-82-83, c. 107, s. 58
Canadian Ownership and Control Determination Act — C-20 27
Judicial review 27 A person that is directly affected by a determination or redetermination of Canadian ownership rate by the Minister under subsection 7(2), 12(1) or 21(1) may apply for judicial review under the Federal Courts Act by filing a notice of the application in the Federal Court within 30 days after the determination or redetermination is made, or within any further time that the Court or a judge of the Court may fix or allow before or after the end of those 30 days. R.S., 1985, c. C-20, s. 27; 1990, c. 8, s. 48; 2002, c. 8, s. 123
Canadian Peacekeeping Service Medal Act — C-21.1
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Peacekeeping Service Medal Act — C-21.1 1
Short title 1 This Act may be cited as the Canadian Peacekeeping Service Medal Act .
Canadian Peacekeeping Service Medal Act — C-21.1 2
Definition of "Minister" 2 In this Act, Minister means the Minister of National Defence.
Canadian Peacekeeping Service Medal Act — C-21.1 3
Design of Medal 3 The Governor in Council may determine the design of the Canadian Peacekeeping Service Medal and its associated ribbon.
Canadian Peacekeeping Service Medal Act — C-21.1 4
Purpose and award of Medal 4 (1) The Medal shall represent the peacekeeping service performed with a force under the auspices of the United Nations, or with another international force, and may be awarded by the Governor in Council to any Canadian citizen who serves at the initiative, by the nomination or with the agreement of the Government of Canada, with such a force. Single award (2) The Medal shall not be awarded twice to the same person. Excluded persons (3) The Medal shall not be awarded to a person within a class of persons excluded by the regulations.
Canadian Peacekeeping Service Medal Act — C-21.1 5
Posthumous award 5 (1) The Medal may be awarded posthumously. Next of kin (2) Where a Medal is awarded posthumously, it shall be presented to the next of kin specified by the person in whose name it is awarded or, if that next of kin is deceased or cannot be readily located, to the person best suited, in the opinion of the Minister, to receive it.
Canadian Peacekeeping Service Medal Act — C-21.1 6
Wearing of Medal 6 The Medal shall be worn in accordance with the Canadian Order of Precedence of Orders, Decorations and Medals.
Canadian Peacekeeping Service Medal Act — C-21.1 7
Nomination by Minister 7 (1) The Minister shall nominate for award of the Medal those persons who are qualified and who are members or former members of the Canadian Forces. Nomination by Minister of Public Safety and Emergency Preparedness (2) The Minister of Public Safety and Emergency Preparedness shall nominate for award of the Medal those persons who are qualified and who are members or former members of a Canadian police force. Nomination by another Minister (3) Any minister of the Crown may nominate for award of the Medal any person who is qualified and who is serving under the administration of the minister of the Crown or in a program under the administration of the minister of the Crown. 1997, c. 31, s. 7; 2005, c. 10, s. 12
Canadian Peacekeeping Service Medal Act — C-21.1 8
Regulations 8 The Governor in Council may make regulations (a) respecting the qualifications of persons or classes of persons who may be awarded the Medal; (b) prescribing classes of persons who are excluded from entitlement to a Medal; and (c) prescribing persons who may be considered as next of kin. 1997, c. 31, s. 8; 1999, c. 31, s. 40(F); 2000, c. 12, s. 69
Canadian Peacekeeping Service Medal Act — C-21.1 9
Prerogative not affected 9 Nothing in this Act limits the right of the Governor General to exercise all powers and authorities of Her Majesty in respect of the Canadian Peacekeeping Service Medal.
Canadian Polar Commission Act — C-21.3
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Polar Commission Act — C-21.3 22 to 26
22 to 26 [Repealed, 2014, c. 39, s. 169]
Canadian Race Relations Foundation Act — C-21.8 Preamble
Preamble WHEREAS Canada, as a party to the International Convention on the Elimination of All Forms of Racial Discrimination , has resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations;
Canadian Race Relations Foundation Act — C-21.8
AND WHEREAS the Canadian Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law, without discrimination;
Canadian Race Relations Foundation Act — C-21.8
AND WHEREAS the Constitution of Canada recognizes the importance of preserving and enhancing the multicultural heritage of Canadians and recognizes rights of the aboriginal peoples of Canada;
Canadian Race Relations Foundation Act — C-21.8
AND WHEREAS the Canadian Multiculturalism Act provides that it is the policy of the Government of Canada to promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and to assist them in the elimination of any barrier to such participation;
Canadian Race Relations Foundation Act — C-21.8
AND WHEREAS, in concluding the Japanese Canadian Redress Agreement with the National Association of Japanese Canadians, the Government of Canada has condemned the excesses of the past, reaffirmed the principles of justice and equality for all in Canada and undertaken to establish a race relations foundation;
Canadian Race Relations Foundation Act — C-21.8
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Race Relations Foundation Act — C-21.8 1
Short title 1 This Act may be cited as the Canadian Race Relations Foundation Act .
Canadian Race Relations Foundation Act — C-21.8 2
Definitions 2 In this Act, Board means the Board of Directors of the Foundation; ( conseil ) Chairperson means the Chairperson of the Board; ( président ) director means a member of the Board; ( administrateur ) Executive Director means the Executive Director of the Foundation appointed pursuant to section 9; ( directeur général ) Foundation means the Canadian Race Relations Foundation established by section 3; ( Fondation ) Minister means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of the Canadian Multiculturalism Act . ( ministre )
Canadian Race Relations Foundation Act — C-21.8
Board means the Board of Directors of the Foundation; ( conseil )
Canadian Race Relations Foundation Act — C-21.8
Chairperson means the Chairperson of the Board; ( président )
Canadian Race Relations Foundation Act — C-21.8
director means a member of the Board; ( administrateur )
Canadian Race Relations Foundation Act — C-21.8
Executive Director means the Executive Director of the Foundation appointed pursuant to section 9; ( directeur général )
Canadian Race Relations Foundation Act — C-21.8
Foundation means the Canadian Race Relations Foundation established by section 3; ( Fondation )
Canadian Race Relations Foundation Act — C-21.8
Minister means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of the Canadian Multiculturalism Act . ( ministre )
Canadian Race Relations Foundation Act — C-21.8 3
Foundation established 3 There is hereby established a corporation, to be called the Canadian Race Relations Foundation.
Canadian Race Relations Foundation Act — C-21.8 4
Purpose 4 The purpose of the Foundation is to facilitate throughout Canada the development, sharing and application of knowledge and expertise in order to contribute to the elimination of racism and all forms of racial discrimination in Canadian society by (a) undertaking research and collecting data and developing a national information base in order to further understanding of the nature of racism and racial discrimination and to assist business, labour, voluntary, community and other organizations as well as public institutions, governments, researchers and the general public in eliminating racism and racial discrimination; (b) acting as a clearing-house, providing information about race relations resources and establishing links with public, private and educational institutions and libraries; (c) facilitating consultation, and the exchange of information, relating to race relations policies, programs and research; (d) promoting effective race relations training and assisting in the development of professional standards; (e) increasing public awareness of the importance of eliminating racism and racial discrimination; (f) collaborating with business, labour, voluntary, community and other organizations, as well as public institutions and all levels of government, in instituting and supporting programs and activities; and (g) supporting and promoting the development of effective policies and programs for the elimination of racism and racial discrimination.