GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Museums Act — M-13.4 23
Director 23 (1) Subject to subsections (1.1) and (1.2), there shall be a Director of each museum who shall be appointed, with the approval of the Governor in Council, by the museum’s Board to hold office during pleasure for a term of not more than five years. Director of the Canadian Museum for Human Rights (1.1) The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum for Human Rights to hold office during pleasure for a term of not more than five years. Director of the Canadian Museum of Immigration at Pier 21 (1.2) The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum of Immigration at Pier 21 to hold office during pleasure for a term of not more than five years. Reappointment (2) The Director of each museum is eligible to be reappointed, with the approval of the Governor in Council, by the museum’s Board. Chief executive officer (3) The Director is the chief executive officer of the museum and, under the direction of the Board, has control and supervision of the work and staff of the museum. Responsible to Board (4) The Director is responsible to the Board for the exercise of the powers and the performance of the duties and functions of that office and, subject to the by-laws of the museum made pursuant to paragraph 22(f), may attend meetings of the Board or of any committee established by or pursuant to the by-laws. Remuneration (5) Subject to subsections (5.1) and (5.2), the Director shall be paid by the museum any remuneration that the Board, with the approval of the Governor in Council, may determine. Remuneration — first Director of the Canadian Museum for Human Rights (5.1) The first Director of the Canadian Museum for Human Rights shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine. Remuneration — first Director of the Canadian Museum of Immigration at Pier 21 (5.2) The first Director of the Canadian Museum of Immigration at Pier 21 shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine. Acting Director (6) If the Director is absent or unable to act or if the office of the Director is vacant, the Board may designate another officer of the museum to act as Director for the time being, but no person so designated shall act in that office for a period exceeding ninety days without the approval of the Governor in Council. 1990, c. 3, s. 23; 2008, c. 9, s. 3; 2010, c. 7, s. 3
Museums Act — M-13.4 24
Staff 24 (1) Each museum may engage such officers, employees and agents and such technical and professional advisers as it considers necessary for the proper conduct of its activities and may fix the terms and conditions of their engagement. Not part of public service (2) Subject to subsections (3) to (5), the trustees, officers, employees and agents of a museum are not part of the federal public administration. Superannuation (3) The officers and employees of a museum shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and the museum shall be deemed to be a Public Service corporation for the purposes of section 37 of that Act. Idem (4) The Public Service Superannuation Act does not apply to a trustee, other than a trustee who is in receipt of a salary fixed by Parliament, the Governor in Council or the Treasury Board, unless, in the case of any one of them, the Governor in Council otherwise directs. Compensation (5) The trustees, officers and employees of a museum shall be deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulation made pursuant to section 9 of the Aeronautics Act . 1990, c. 3, s. 24; 2003, c. 22, ss. 224(E), 225(E)
Museums Act — M-13.4 24.1
Pre-establishment contracts 24.1 (1) As of the date of its establishment under this Act, each museum shall be bound by any deed, contract or agreement entered into on its behalf by the Minister before its establishment and shall be entitled to the benefits of any such deed, contract or agreement and the Minister shall cease to be bound. Not retroactive (2) Subsection (1) does not apply to any museum already established by this Act on the day on which that subsection comes into force. 2008, c. 9, s. 4
Museums Act — M-13.4 25
Head office 25 The head office of each museum shall be in such place in Canada as the Governor in Council may, by order, specify.
Museums Act — M-13.4 26
Agent of Her Majesty 26 Each museum is, for all purposes of this Act, an agent of Her Majesty in right of Canada.
Museums Act — M-13.4 27
Restriction on directives 27 (1) No directive shall be given to a museum under section 89 or subsection 114(3) of the Financial Administration Act with respect to cultural activities, including (a) the acquisition, disposal, conservation or use of any museum material relevant to its activities; (b) its activities and programs for the public, including exhibitions, displays and publications; and (c) research with respect to the matters referred to in paragraphs (a) and (b). Regulations not applicable (2) No regulation made pursuant to subsection 114(4) of the Financial Administration Act prescribing the content of by-laws applies to a museum with respect to cultural activities, including the matters referred to in paragraphs (1)(a) to (c). Inconsistency (3) Sections 19, 23 and 28 apply in respect of each museum notwithstanding any inconsistency with Part X of the Financial Administration Act . Disposal of real property (4) Notwithstanding subsection 99(3) of the Financial Administration Act , subsection 99(2) of that Act applies to each museum with respect to the sale or other disposal of real property.
Museums Act — M-13.4 28
Financial year 28 The financial year of each museum is the period beginning on April 1 in one year and ending on March 31 in the following year.
Museums Act — M-13.4 29
Interest 29 Interest, calculated at the rate fixed by the Minister of Finance for the purposes of section 129 of the Financial Administration Act , shall be paid monthly from the Consolidated Revenue Fund on moneys, other than moneys appropriated by Parliament, on deposit to the credit of a museum in the accounts of Canada and shall be credited to the account.
Museums Act — M-13.4 30
Auditor 30 The Auditor General of Canada is the auditor of each museum.
Museums Act — M-13.4 31
Transfer of real property 31 The Governor in Council may, by order, vest the administration and control of any real property that is assigned to or vested in a Minister of Her Majesty in right of Canada or a department or Crown corporation as defined in the Financial Administration Act in a museum, and from the date specified in the order, the administration and control is vested in that museum.
Museums Act — M-13.4 Coming into force
Coming into force * 46 This Act shall come into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force July 1, 1990, see SI/90-86.]
Museums Act — M-13.4 47
Trustees cease to hold office 47 Notwithstanding subsection 19(3) of the Act and subsection 105(4) of the Financial Administration Act , every person who was a trustee of the National Gallery of Canada, Canadian Museum of Civilization, Canadian Museum of Nature or National Museum of Science and Technology immediately before the coming into force of section 46 of this Act by reason of those subsections shall cease to hold office on the coming into force of section 46 of this Act.
Museums Act — M-13.4 4
Appropriation 4 Subject to approval by the Governor in Council of the corporate plan of the Canadian Museum of Immigration at Pier 21, the Minister of Canadian Heritage may make payments out of the Consolidated Revenue Fund in an aggregate amount not exceeding $15 million to the museum for operating and capital expenditures that it incurs in the first 12 months after the coming into force of this Act. That amount may be modified by any appropriation Act.
Museums Act — M-13.4 4
Definitions 4 The following definitions apply in sections 5 to 10. former museum means the Canadian Museum of Civilization established under section 7 of the Museums Act , as it read immediately before the coming into force of section 2. ( ancien musée ) new museum means the Canadian Museum of History established under section 7 of the Museums Act . ( nouveau musée )
Museums Act — M-13.4
former museum means the Canadian Museum of Civilization established under section 7 of the Museums Act , as it read immediately before the coming into force of section 2. ( ancien musée )
Museums Act — M-13.4
new museum means the Canadian Museum of History established under section 7 of the Museums Act . ( nouveau musée )
Museums Act — M-13.4 5
Continued status 5 Section 2 does not affect the status of any person who was an officer, a trustee, an employee or an agent or mandatary of the former museum immediately before the day on which that section comes into force, except that, as of that day, the person is an officer, a trustee, an employee or an agent or mandatary of the new museum.
Museums Act — M-13.4 6
Transfer of rights and obligations 6 All rights and property held by or in the name of or in trust for the former museum and all obligations and liabilities of the former museum are deemed to be rights, property, obligations and liabilities of the new museum.
Museums Act — M-13.4 7
Transfer of powers and duties 7 (1) Any power or duty that is vested in or is exercisable by the former museum under a contract, lease, licence, deed, agreement or other document is vested in or is exercisable by the new museum. References (2) Every reference to the former museum in any contract, lease, licence, deed, agreement or other document executed or signed by the former museum in its own name shall, unless the context otherwise requires, be read as a reference to the new museum.
Museums Act — M-13.4 8
Transfer of appropriations 8 Any amount appropriated, for the fiscal year in which section 2 comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former museum and that, on the day on which section 2 comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new museum.
Museums Act — M-13.4 9
Commencement of legal proceedings 9 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former museum may be brought against the new museum in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former museum.
Museums Act — M-13.4 10
Continuation of legal proceedings 10 Any action, suit or other legal proceeding to which the former museum is a party that is pending in any court immediately before the day on which section 2 comes into force may be continued by or against the new museum in the same manner and to the same extent as it could have been continued by or against the former museum.
Museums Act — M-13.4 194
Definitions 194 The following definitions apply in sections 195 to 204 . Minister means the Minister of Canadian Heritage. ( ministre ) Museum means the Canadian Museum of History. ( musée )
Museums Act — M-13.4
Minister means the Minister of Canadian Heritage. ( ministre )
Museums Act — M-13.4
Museum means the Canadian Museum of History. ( musée )
Museums Act — M-13.4 195
Definition of program 195 In sections 196 to 199 , program means the program known as the “Online Works of Reference”.
Museums Act — M-13.4 196
Responsibility for program transferred 196 On the day on which this section comes into force, the responsibility for the administration of the program is transferred from the Minister to the Museum.
Museums Act — M-13.4 197
Credits transferred 197 Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures related to the program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to have been appropriated to defray any of the Museum’s expenditures related to the program.
Museums Act — M-13.4 198
Obligations, contracts and authorizations 198 On the day on which this section comes into force, (a) the Minister’s obligations that relate to the program are assumed by the Museum; (b) contracts entered into by the Minister that relate to the program and are still in force are deemed to have been entered into by the Museum; (c) permits, licences and other authorizations issued to the Minister that relate exclusively to the program and are still valid are transferred to the Museum; and (d) permits, licences and other authorizations issued by the Minister that relate to the program and are still valid are deemed to have been issued by the Museum.
Museums Act — M-13.4 199
Assets 199 On the day on which this section comes into force, the assets of the Department of Canadian Heritage that relate exclusively to the program are transferred to the Museum.
Museums Act — M-13.4 200
Definition of program 200 In sections 201 to 204 , program means the program known as the “Virtual Museum of Canada”.
Museums Act — M-13.4 201
Responsibility for program transferred 201 On the day on which this section comes into force, the responsibility for the administration of the program is transferred from the Minister to the Museum.
Museums Act — M-13.4 202
Credits transferred 202 Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures related to the program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to have been appropriated to defray any of the Museum’s expenditures related to the program.
Museums Act — M-13.4 203
Obligations, contracts and authorizations 203 On the day on which this section comes into force, (a) the Minister’s obligations that relate to the program are assumed by the Museum; (b) contracts entered into by the Minister that relate to the program and are still in force are deemed to have been entered into by the Museum; (c) permits, licences and other authorizations issued to the Minister that relate exclusively to the program and are still valid are transferred to the Museum; and (d) permits, licences and other authorizations issued by the Minister that relate to the program and are still valid are deemed to have been issued by the Museum.
Museums Act — M-13.4 204
Assets 204 On the day on which this section comes into force, the assets of the Department of Canadian Heritage that relate exclusively to the program are transferred to the Museum.
Mutual Legal Assistance in Criminal Matters Act — M-13.6 1
Short title 1 This Act may be cited as the Mutual Legal Assistance in Criminal Matters Act .
Mutual Legal Assistance in Criminal Matters Act — M-13.6 2
Definitions 2 (1) In this Act, agreement means (a) a treaty, convention or other international agreement that is in force, to which Canada is a party and that contains a provision respecting mutual legal assistance in criminal matters, or (b) to the extent of their application to criminal investigations or prosecutions and except for the purposes of Parts II and III of this Act, the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol or other international instrument, as ratified by Canada, or a comprehensive tax information exchange agreement that has effect and to which Canada is a party or a tax treaty , as defined in subsection 248(1) of the Income Tax Act ; ( accord ) competent authority means the Attorney General of Canada, the attorney general of a province or any person or authority with responsibility in Canada for the investigation or prosecution of offences; ( autorité compétente ) data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device; ( données ) foreign state [Repealed, 1999, c. 18, s. 97] International Criminal Court means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act ; ( Cour pénale internationale ) judge means (a) in Ontario, a judge of the Superior Court of Justice, (a.1) in Prince Edward Island, a judge of the trial division of the Supreme Court, (b) in Quebec, a judge of the Superior Court, (c) in New Brunswick, Manitoba, Alberta and Saskatchewan, a judge of the Court of Queen’s Bench, and (d) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; ( juge ) Minister means the Minister of Justice; ( ministre ) offence means an offence within the meaning of the relevant agreement; ( infraction ) record means a medium on which data is registered or marked; ( document ) request means a request for assistance presented pursuant to an agreement; ( demande ) state or entity means (a) a state, a province, state or political subdivision of the state, or a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of the state, that is a party to an agreement with Canada, or (b) an international criminal court or tribunal, the name of which appears in the schedule. ( État ou entité ) treaty [Repealed, 1999, c. 18, s. 97] (2) [Repealed, 1999, c. 18, s. 97] R.S., 1985, c. 30 (4th Supp.), s. 2; 1992, c. 51, s. 58; 1998, c. 30, s. 14; 1999, c. 3, s. 80, c. 18, s. 97; 2000, c. 24, s. 56; 2002, c. 7, s. 209(E); 2014, c. 31, s. 36; 2018, c. 27, s. 29
Mutual Legal Assistance in Criminal Matters Act — M-13.6 (a)
agreement means (a) a treaty, convention or other international agreement that is in force, to which Canada is a party and that contains a provision respecting mutual legal assistance in criminal matters, or (b) to the extent of their application to criminal investigations or prosecutions and except for the purposes of Parts II and III of this Act, the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol or other international instrument, as ratified by Canada, or a comprehensive tax information exchange agreement that has effect and to which Canada is a party or a tax treaty , as defined in subsection 248(1) of the Income Tax Act ; ( accord )
Mutual Legal Assistance in Criminal Matters Act — M-13.6
competent authority means the Attorney General of Canada, the attorney general of a province or any person or authority with responsibility in Canada for the investigation or prosecution of offences; ( autorité compétente )
Mutual Legal Assistance in Criminal Matters Act — M-13.6
data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device; ( données )
Mutual Legal Assistance in Criminal Matters Act — M-13.6
foreign state [Repealed, 1999, c. 18, s. 97]
Mutual Legal Assistance in Criminal Matters Act — M-13.6
International Criminal Court means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act ; ( Cour pénale internationale )
Mutual Legal Assistance in Criminal Matters Act — M-13.6 (a)
judge means (a) in Ontario, a judge of the Superior Court of Justice, (a.1) in Prince Edward Island, a judge of the trial division of the Supreme Court, (b) in Quebec, a judge of the Superior Court, (c) in New Brunswick, Manitoba, Alberta and Saskatchewan, a judge of the Court of Queen’s Bench, and (d) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; ( juge )
Mutual Legal Assistance in Criminal Matters Act — M-13.6
Minister means the Minister of Justice; ( ministre )
Mutual Legal Assistance in Criminal Matters Act — M-13.6
offence means an offence within the meaning of the relevant agreement; ( infraction )
Mutual Legal Assistance in Criminal Matters Act — M-13.6
record means a medium on which data is registered or marked; ( document )
Mutual Legal Assistance in Criminal Matters Act — M-13.6
request means a request for assistance presented pursuant to an agreement; ( demande )
Mutual Legal Assistance in Criminal Matters Act — M-13.6 (a)
state or entity means (a) a state, a province, state or political subdivision of the state, or a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of the state, that is a party to an agreement with Canada, or (b) an international criminal court or tribunal, the name of which appears in the schedule. ( État ou entité )
Mutual Legal Assistance in Criminal Matters Act — M-13.6 3
Inconsistency of Acts 3 (1) In the event of any inconsistency between the provisions of this Act and the provisions of another Act of Parliament, other than the provisions of an Act prohibiting the disclosure of information or prohibiting its disclosure except under certain conditions, the provisions of this Act prevail to the extent of the inconsistency. Preservation of informal arrangements (2) Nothing in this Act or an agreement shall be construed so as to abrogate or derogate from an arrangement or practice respecting cooperation between a Canadian competent authority and a foreign or international authority or organization. R.S., 1985, c. 30 (4th Supp.), s. 3; 1999, c. 18, s. 98
Mutual Legal Assistance in Criminal Matters Act — M-13.6 4
Designation 4 (1) The names of international criminal courts and tribunals that appear in the schedule are designated as states or entities for the purpose of this Act. Amendments to schedule (2) The Minister of Foreign Affairs may, with the agreement of the Minister, by order, add to or delete from the schedule the names of international criminal courts and tribunals. R.S., 1985, c. 30 (4th Supp.), s. 4; 1999, c. 18, s. 99
Mutual Legal Assistance in Criminal Matters Act — M-13.6 5
Publication in Canada Gazette 5 (1) Unless the agreement has been published under subsection (2), an agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) — or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement — must be published in the Canada Gazette no later than 60 days after it comes into force. Publication in Canada Treaty Series (2) An agreement — or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement — may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after it comes into force. Judicial notice (3) Agreements and provisions published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed. R.S., 1985, c. 30 (4th Supp.), s. 5; 1999, c. 18, s. 99; 2018, c. 27, s. 30