GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Tsawwassen First Nation Final Agreement Act — T-21.5 12
Indian Act 12 Subject to the provisions of Chapter 3 of the Agreement that deal with the continuing application of the Indian Act , and clauses 16 to 21 of Chapter 20 of the Agreement, the Indian Act does not apply to the Tsawwassen First Nation, Tsawwassen Members, the Tsawwassen Government or Tsawwassen Public Institutions as of the effective date of the Agreement, except for the purpose of determining whether an individual is an Indian.
Tsawwassen First Nation Final Agreement Act — T-21.5 13
Framework Agreement on First Nation Land Management Act 13 The Framework Agreement on First Nation Land Management Act , the Framework Agreement as defined in subsection 2(1) of that Act and the Tsawwassen land code — adopted under subsection 6(1) of the First Nations Land Management Act , as it read before the coming into force of the Framework Agreement on First Nation Land Management Act — do not apply in respect of the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government or Tsawwassen Public Institutions. 2008, c. 32, s. 13 2022, c. 19, s. 132
Tsawwassen First Nation Final Agreement Act — T-21.5 14
Statutory Instruments Act 14 Tsawwassen Laws and other instruments made under the Agreement are not statutory instruments for the purposes of the Statutory Instruments Act .
Tsawwassen First Nation Final Agreement Act — T-21.5 15
Incorporation by reference 15 To the extent that a law of British Columbia does not apply of its own force to the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government, Tsawwassen Public Institutions or Tsawwassen Corporations because of the exclusive legislative jurisdiction of Parliament set out in Class 24 of section 91 of the Constitution Act, 1867 , that law applies to it or to them by virtue of this section, in accordance with the Agreement and subject to this Act and any other Act of Parliament.
Tsawwassen First Nation Final Agreement Act — T-21.5 16
Judicial notice of Agreements 16 (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement. Publication of Agreements (2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.
Tsawwassen First Nation Final Agreement Act — T-21.5 17
Judicial notice of Tsawwassen Laws 17 (1) Judicial notice shall be taken of Tsawwassen Laws. Evidence of Tsawwassen laws (2) A copy of a Tsawwassen Law purporting to be deposited in a public registry of laws referred to in subclause 16.a of Chapter 16 of the Agreement is evidence of that law and of its contents, unless the contrary is shown.
Tsawwassen First Nation Final Agreement Act — T-21.5 18
Orders and regulations 18 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement.
Tsawwassen First Nation Final Agreement Act — T-21.5 19
Chapters 21 and 24 of Agreement 19 Despite subsection 4(1), Chapters 21 and 24 of the Agreement are deemed to have effect as of December 8, 2006.
Tsawwassen First Nation Final Agreement Act — T-21.5 20
Notice of issues arising 20 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement, or the validity or applicability of this Act, the British Columbia Tsawwassen First Nation Final Agreement Act or any Tsawwassen Law, then the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation. Content of notice (2) The notice shall (a) describe the judicial or administrative proceeding; (b) specify what the issue arises in respect of; (c) state the day on which the issue is to be argued; (d) give particulars necessary to show the point to be argued; and (e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation may appear and participate in the proceeding as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Tsawwassen First Nation Final Agreement Act — T-21.5 21
Existing interests — Indian Act 21 (1) Despite section 12 , if an interest in land in the Former Tsawwassen Reserve was granted or approved under the Indian Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement. Transfer of rights and obligations (2) On the effective date of the Agreement, the rights and obligations of Her Majesty in right of Canada as grantor in respect of such an interest are transferred to the Tsawwassen First Nation, which assumes those rights and obligations in accordance with the interest’s terms and conditions.
Tsawwassen First Nation Final Agreement Act — T-21.5 22
Existing interests — First Nations Land Management Act 22 If an interest in land in the Former Tsawwassen Reserve was granted or approved under the First Nations Land Management Act , as it read before the coming into force of the Framework Agreement on First Nation Land Management Act , and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement. 2008, c. 32, s. 22 2022, c. 19, s. 133
Tsawwassen First Nation Final Agreement Act — T-21.5 23
Her Majesty not liable 23 (1) For greater certainty, Her Majesty in right of Canada is not liable in respect of anything done or omitted to be done after the effective date of the Agreement by the Tsawwassen First Nation or any person or body authorized by it to act (a) in the exercise of the Tsawwassen First Nation’s rights and obligations referred to in subsection 21 (2) in respect of an interest in land referred to in subsection 21 (1); or (b) in the exercise of powers, duties and functions in respect of such an interest that arise from Tsawwassen Laws. Indemnification of Her Majesty (2) The Tsawwassen First Nation shall indemnify Her Majesty in right of Canada for any loss suffered by Her Majesty in right of Canada as a result of an act or omission referred to in subsection (1).
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Indemnification of Tsawwassen First Nation 24 For as long as the Framework Agreement on First Nation Land Management Act is in force, Her Majesty in right of Canada shall, as of the effective date of the Agreement, indemnify the Tsawwassen First Nation in respect of lands in the Former Tsawwassen Reserve in the same manner and under the same conditions as would be the case if the First Nations Land Management Act , as it read before the coming into force of the Framework Agreement on First Nation Land Management Act , continued to apply to those lands. 2008, c. 32, s. 24 2022, c. 19, s. 134
Tsawwassen First Nation Final Agreement Act — T-21.5 25
Documents in land registries 25 As of the effective date of the Agreement, registrations or records affecting Tsawwassen Lands that are registered or recorded in a land registry under the Indian Act or the First Nations Land Management Act , as it read before the coming into force of the Framework Agreement on First Nation Land Management Act , have no effect. 2008, c. 32, s. 25 2022, c. 19, s. 134
Tsawwassen First Nation Final Agreement Act — T-21.5 Order in council
Order in council * 33 This Act, other than sections 19 , 31 and 32 , comes into force on a day to be fixed by order of the Governor in Council. * [Note: Sections 19, 31 and 32 in force on assent June 26, 2008; Act, other than sections 19, 31 and 32, in force April 3, 2009, see SI/2008-147.]
Telecommunications Act — T-3.4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Telecommunications Act — T-3.4 1
Short title 1 This Act may be cited as the Telecommunications Act .
Telecommunications Act — T-3.4 2
sion facility means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system, for the transmission of intelligence between network termination points, but does not include any exempt transmission apparatus. ( installation de transmission ) Definition of network termination point (2) The Commission may define the expression network termination point for purposes of the definition transmission facility in subsection (1). 1993, c. 38, s. 2; 1995, c. 1, s. 62; 1998, c. 8, s. 1; 2004, c. 25, s. 174
Telecommunications Act — T-3.4
broadcasting undertaking has the same meaning as in subsection 2(1) of the Broadcasting Act ; ( entreprise de radiodiffusion )
Telecommunications Act — T-3.4
Canadian carrier means a telecommunications common carrier that is subject to the legislative authority of Parliament; ( entreprise canadienne )
Telecommunications Act — T-3.4
Canadian telecommunications policy objectives means the objectives set out in section 7; ( Version anglaise seulement )
Telecommunications Act — T-3.4
charge includes to receive in payment; ( Version anglaise seulement )
Telecommunications Act — T-3.4
Commission means the Canadian Radio-television and Telecommunications Commission; ( Conseil )
Telecommunications Act — T-3.4
control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, agreement or arrangement, the ownership of any body corporate or otherwise; ( contrôle )
Telecommunications Act — T-3.4
decision includes a determination made by the Commission in any form; ( décision )
Telecommunications Act — T-3.4 (a)
exempt transmission apparatus means any apparatus whose functions are limited to one or more of the following: (a) the switching of telecommunications, (b) the input, capture, storage, organization, modification, retrieval, output or other processing of intelligence, or (c) control of the speed, code, protocol, content, format, routing or similar aspects of the transmission of intelligence; ( appareil de transmission exclu )
Telecommunications Act — T-3.4
intelligence means signs, signals, writing, images, sounds or intelligence of any nature; ( information )
Telecommunications Act — T-3.4
international submarine cable means a submarine telecommunications line that extends between Canada and any place outside Canada, or between places outside Canada through Canada, other than a line situated entirely under fresh water; ( câble sous-marin international )
Telecommunications Act — T-3.4
international submarine cable licence means a licence issued under section 19; ( licence de câble sous-marin international )
Telecommunications Act — T-3.4
Minister means the Minister of Industry; ( ministre )
Telecommunications Act — T-3.4
person includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor; ( personne )
Telecommunications Act — T-3.4
prescribed means prescribed by regulation; ( Version anglaise seulement )
Telecommunications Act — T-3.4
public authority includes Her Majesty in right of Canada or a province; ( administration publique )
Telecommunications Act — T-3.4
rate means an amount of money or other consideration and includes zero consideration; ( tarif )
Telecommunications Act — T-3.4
special Act means an Act of Parliament respecting the operations of a particular Canadian carrier; ( loi spéciale )
Telecommunications Act — T-3.4
telecommunications means the emission, transmission or reception of intelligence by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system; ( télécommunication )
Telecommunications Act — T-3.4
telecommunications common carrier means a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation; ( entreprise de télécommunication )
Telecommunications Act — T-3.4
telecommunications facility means any facility, apparatus or other thing that is used or is capable of being used for telecommunications or for any operation directly connected with telecommunications, and includes a transmission facility; ( installation de télécommunication )
Telecommunications Act — T-3.4
telecommunications service means a service provided by means of telecommunications facilities and includes the provision in whole or in part of telecommunications facilities and any related equipment, whether by sale, lease or otherwise; ( service de télécommunication )
Telecommunications Act — T-3.4
telecommunications service provider means a person who provides basic telecommunications services, including by exempt transmission apparatus; ( fournisseur de services de télécommunication )
Telecommunications Act — T-3.4
transmission facility means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system, for the transmission of intelligence between network termination points, but does not include any exempt transmission apparatus. ( installation de transmission )
Telecommunications Act — T-3.4 3
Act binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
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Broadcasting excluded 4 This Act does not apply in respect of broadcasting by a broadcasting undertaking.
Telecommunications Act — T-3.4 4.1
Digital news intermediaries excluded 4.1 (1) This Act does not apply in respect of the making available of news content on or by a digital news intermediary in respect of which the Online News Act applies. Definitions (2) In this section, digital news intermediary and news content have the same meanings as in subsection 2(1) of the Online News Act . Interpretation (3) For the purposes of this section, news content is made available if (a) the news content, or any portion of it, is reproduced; or (b) access to the news content, or any portion of it, is facilitated by any means, including an index, aggregation or ranking of news content. 2023, c. 23, s. 92
Telecommunications Act — T-3.4 5
Application 5 A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act. 1993, c. 38, s. 5; 2004, c. 25, s. 175
Telecommunications Act — T-3.4 6
Special Acts 6 The provisions of this Act prevail over the provisions of any special Act to the extent that they are inconsistent.
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Objectives 7 It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada’s identity and sovereignty and that the Canadian telecommunications policy has as its objectives (a) to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions; (b) to render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada; (c) to enhance the efficiency and competitiveness, at the national and international levels, of Canadian telecommunications; (d) to promote the ownership and control of Canadian carriers by Canadians; (e) to promote the use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada; (f) to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective; (g) to stimulate research and development in Canada in the field of telecommunications and to encourage innovation in the provision of telecommunications services; (h) to respond to the economic and social requirements of users of telecommunications services; and (i) to contribute to the protection of the privacy of persons.
Telecommunications Act — T-3.4 8
Directions 8 The Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to the Canadian telecommunications policy objectives.
Telecommunications Act — T-3.4 9
Exemptions 9 (1) The Commission may, by order, exempt any class of Canadian carriers from the application of this Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives. Inquiry and determination (2) The Commission may, on application by any interested person or on its own motion, inquire into and determine whether any condition of an exemption order has been complied with. Interested persons (3) The decision of the Commission that a person is or is not an interested person is binding and conclusive. 1993, c. 38, s. 9; 1999, c. 31, s. 196(F)
Telecommunications Act — T-3.4 10
Publication of proposed order 10 (1) The Minister shall have an order proposed to be made under section 8 published in the Canada Gazette and laid before each House of Parliament, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order. Consultation (2) The Minister shall consult the Commission with respect to an order proposed to be made under section 8 before it is published or laid under this section and shall consult the Commission again with respect to the order in its definitive form before it is made. Transmittal and tabling of exemption orders (3) The Commission shall send to the Minister an order proposed to be made under section 9 and the Minister shall have the order laid before each House of Parliament. Reference to committees (4) A proposed order laid before a House of Parliament stands referred to such committee as is designated by order of that House to receive such orders. Modification after publication (5) A proposed order that is modified after publication need not be published again under subsection (1). Making of order (6) After the fortieth sitting day of Parliament following the first day on which a proposed order has been laid before both Houses, the Governor in Council or the Commission, as the case may be, may make the order either as proposed or with any modifications the Governor in Council or the Commission considers advisable. Tabling of orders (7) After an order is made under section 8, the Minister shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made. Transmittal and tabling of exemption orders (8) After an order is made under section 9, the Commission shall immediately send it to the Minister who shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is sent. Meaning of sitting day (9) For the purposes of this section, a sitting day is a day on which either House of Parliament is sitting.
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Effect of order 11 (1) An order made under section 8 is binding on the Commission beginning on the day on which the order comes into force. Pending matters (2) Subject to subsection (3), an order made under section 8 shall, if it so provides, apply in respect of matters pending before the Commission on the day on which the order comes into force. Idem (3) An order made under section 8 does not apply in respect of a matter pending before the Commission on the day on which the order comes into force if (a) final submissions have been filed in respect of that matter; and (b) less than one year has expired since the period for filing final submissions ended.
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Variation, rescission or referral 12 (1) Within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within ninety days after the decision, or on the Governor in Council’s own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it. Copy of petition to Commission (2) A person who presents a petition to the Governor in Council shall, at the same time, send a copy of the petition to the Commission. Copies to other parties (3) On receipt of a petition, the Commission shall send a copy of it to each person who made any oral representation to the Commission in relation to the decision that is the subject of the petition. Notice of petition (4) On receipt of a petition, the Minister shall publish in the Canada Gazette a notice of its receipt indicating where the petition and any petition or submission made in response to it may be inspected and copies of them obtained. Order for reference back (5) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing (a) shall set out the details of any matter that the Governor in Council considers to be material to the reconsideration; and (b) may specify a date before which the Commission shall complete its reconsideration. Reconsideration (6) The Commission shall, before any date specified under paragraph (5)(b), reconsider a decision referred back to it under subsection (1) and may confirm, vary or rescind the decision. Variation or rescission by Governor in Council (7) Where the Commission confirms or varies a decision under subsection (6) or does not complete its reconsideration of the decision before any date specified under paragraph (5)(b), the Governor in Council may, by order, vary or rescind the decision within ninety days after the confirmation or variation of the decision or the specified date, as the case may be. Reasons (8) In an order made under subsection (1) or (7), the Governor in Council shall set out the reasons for making the order.
Telecommunications Act — T-3.4 13
Provincial consultation 13 The Minister, before making a recommendation to the Governor in Council for the purposes of any order under section 8 or 12, or before making any order under section 15, shall notify a minister designated by the government of each province of the Minister’s intention to make the recommendation or the order and shall provide an opportunity for each of them to consult with the Minister.
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Report 14 The Governor in Council may require the Commission to make a report on any matter within the Commission’s jurisdiction under this Act or any special Act.