GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Expropriation Act — E-21
To : The sheriff of the Whereas the appropriate Minister in relation to Part I of the Expropriation Act or a person acting for him or her has been prevented from entering on or taking physical possession of the land described as follows, to the extent of any expropriated interest or right in that land under the Act: And whereas the proof required by section 38 of the Act has been made before me; This is therefore to command you in Her Majesty’s name to immediately put the Minister or the person authorized to act for him or her in physical possession of the said land to the extent of the expropriated interest or right in that land and make return of this Warrant to the ( name of court ) and of the manner in which it was executed. Given under my hand this day of , 20
Expropriation Act — E-21
Whereas the appropriate Minister in relation to Part I of the Expropriation Act or a person acting for him or her has been prevented from entering on or taking physical possession of the land described as follows, to the extent of any expropriated interest or right in that land under the Act:
Expropriation Act — E-21
And whereas the proof required by section 38 of the Act has been made before me;
Expropriation Act — E-21
This is therefore to command you in Her Majesty’s name to immediately put the Minister or the person authorized to act for him or her in physical possession of the said land to the extent of the expropriated interest or right in that land and make return of this Warrant to the ( name of court ) and of the manner in which it was executed.
Expropriation Act — E-21 167
1994, c. 43, s. 84 167 Subsection 4(4) of the Expropriation Act is replaced by the following: Exception (4) No interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be expropriated under this Part without the consent of the Governor in Council.
Expropriation Act — E-21 168
1994, c. 43, s. 86 168 Section 35.1 of the Act is replaced by the following: Exception 35.1 (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may only be heard and determined by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and under and in accordance with those laws. Provisions applicable (2) Subsection 16(2) and sections 33, 35 and 36 apply, with any modifications that the circumstances require, in respect of compensation determined by the body referred to in subsection (1) as if that compensation were compensation adjudged by the Court.
Expropriation Act — E-21 35.1
Exception 35.1 (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may only be heard and determined by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and under and in accordance with those laws. Provisions applicable (2) Subsection 16(2) and sections 33, 35 and 36 apply, with any modifications that the circumstances require, in respect of compensation determined by the body referred to in subsection (1) as if that compensation were compensation adjudged by the Court.
Extractive Sector Transparency Measures Act — E-22.7 1
Short title 1 This Act may be cited as the Extractive Sector Transparency Measures Act .
Extractive Sector Transparency Measures Act — E-22.7 2
Definitions 2 The following definitions apply in this Act. category of payment means a category of payment set out in any one of paragraphs (a) to (h) of the definition payment . ( catégorie de paiement ) commercial development of oil, gas or minerals means (a) the exploration or extraction of oil, gas or minerals; (b) the acquisition or holding of a permit, licence, lease or any other authorization to carry out any of the activities referred to in paragraph (a); or (c) any other prescribed activities in relation to oil, gas or minerals. ( exploitation commerciale de pétrole, de gaz ou de minéraux ) entity means a corporation or a trust, partnership or other unincorporated organization (a) that is engaged in the commercial development of oil, gas or minerals in Canada or elsewhere; or (b) that controls a corporation or a trust, partnership or other unincorporated organization that is engaged in the commercial development of oil, gas or minerals in Canada or elsewhere. ( entité ) gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas. ( gaz ) minerals means all naturally occurring metallic and non-metallic minerals, including coal, salt, quarry and pit material, and all rare and precious minerals and metals. ( minéraux ) Minister means the member of the Queen’s Privy Council for Canada designated under section 5. ( ministre ) oil means crude petroleum, bitumen and oil shale. ( pétrole ) payee means (a) any government in Canada or in a foreign state; (b) a body that is established by two or more governments; (c) any trust, board, commission, corporation or body or authority that is established to exercise or perform, or that exercises or performs, a power, duty or function of government for a government referred to in paragraph (a) or a body referred to in paragraph (b); or (d) any other prescribed payee. ( bénéficiaire ) payment means a payment — whether monetary or in kind — that is made to a payee in relation to the commercial development of oil, gas or minerals and that falls within any of the following categories of payment: (a) taxes, other than consumption taxes and personal income taxes; (b) royalties; (c) fees, including rental fees, entry fees and regulatory charges as well as fees or other consideration for licences, permits or concessions; (d) production entitlements; (e) bonuses, including signature, discovery and production bonuses; (f) dividends other than dividends paid as ordinary shareholders; (g) infrastructure improvement payments; or (h) any other prescribed category of payment. ( paiement )
Extractive Sector Transparency Measures Act — E-22.7
category of payment means a category of payment set out in any one of paragraphs (a) to (h) of the definition payment . ( catégorie de paiement )
Extractive Sector Transparency Measures Act — E-22.7 (a)
commercial development of oil, gas or minerals means (a) the exploration or extraction of oil, gas or minerals; (b) the acquisition or holding of a permit, licence, lease or any other authorization to carry out any of the activities referred to in paragraph (a); or (c) any other prescribed activities in relation to oil, gas or minerals. ( exploitation commerciale de pétrole, de gaz ou de minéraux )
Extractive Sector Transparency Measures Act — E-22.7 (a)
entity means a corporation or a trust, partnership or other unincorporated organization (a) that is engaged in the commercial development of oil, gas or minerals in Canada or elsewhere; or (b) that controls a corporation or a trust, partnership or other unincorporated organization that is engaged in the commercial development of oil, gas or minerals in Canada or elsewhere. ( entité )
Extractive Sector Transparency Measures Act — E-22.7
gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas. ( gaz )
Extractive Sector Transparency Measures Act — E-22.7
minerals means all naturally occurring metallic and non-metallic minerals, including coal, salt, quarry and pit material, and all rare and precious minerals and metals. ( minéraux )
Extractive Sector Transparency Measures Act — E-22.7
Minister means the member of the Queen’s Privy Council for Canada designated under section 5. ( ministre )
Extractive Sector Transparency Measures Act — E-22.7
oil means crude petroleum, bitumen and oil shale. ( pétrole )
Extractive Sector Transparency Measures Act — E-22.7 (a)
payee means (a) any government in Canada or in a foreign state; (b) a body that is established by two or more governments; (c) any trust, board, commission, corporation or body or authority that is established to exercise or perform, or that exercises or performs, a power, duty or function of government for a government referred to in paragraph (a) or a body referred to in paragraph (b); or (d) any other prescribed payee. ( bénéficiaire )
Extractive Sector Transparency Measures Act — E-22.7 (a)
payment means a payment — whether monetary or in kind — that is made to a payee in relation to the commercial development of oil, gas or minerals and that falls within any of the following categories of payment: (a) taxes, other than consumption taxes and personal income taxes; (b) royalties; (c) fees, including rental fees, entry fees and regulatory charges as well as fees or other consideration for licences, permits or concessions; (d) production entitlements; (e) bonuses, including signature, discovery and production bonuses; (f) dividends other than dividends paid as ordinary shareholders; (g) infrastructure improvement payments; or (h) any other prescribed category of payment. ( paiement )
Extractive Sector Transparency Measures Act — E-22.7 3
Rules relating to payments 3 For the purposes of this Act, (a) a payment that is made to an employee or public office holder of a payee is deemed to have been made to the payee; (b) a payment that is due to a payee and that is received by a body that is not a payee for the payee is deemed to have been made to the payee; (c) a payment that is made by an entity, other than an entity referred to in subsection 8(1), that is controlled by another entity is deemed to have been made by the controlling entity; (d) a payment that is made for an entity is deemed to have been made by the entity; and (e) the value of a payment in kind is the cost to the entity — or, if the cost cannot be determined, the fair market value — of the goods or services that it provided.
Extractive Sector Transparency Measures Act — E-22.7 4
Control 4 (1) Subject to the regulations, an entity is controlled by another entity if it is controlled by the other entity, directly or indirectly, in any manner. Deemed control (2) An entity that controls another entity is deemed to control any entity that is controlled, or deemed to be controlled, by the other entity.
Extractive Sector Transparency Measures Act — E-22.7 5
Designation of Minister 5 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purpose of this Act.
Extractive Sector Transparency Measures Act — E-22.7 6
Purpose 6 The purpose of this Act is to implement Canada’s international commitments to participate in the fight against corruption through the implementation of measures applicable to the extractive sector, including measures that enhance transparency and measures that impose reporting obligations with respect to payments made by entities. Those measures are designed to deter and detect corruption including any forms of corruption under any of sections 119 to 121 and 341 of the Criminal Code and sections 3 and 4 of the Corruption of Foreign Public Officials Act .
Extractive Sector Transparency Measures Act — E-22.7 7
Binding on her Majesty 7 This Act is binding on Her Majesty in right of Canada or a province.
Extractive Sector Transparency Measures Act — E-22.7 8
Entities 8 (1) Subject to subsection (2), sections 9 to 13 apply to (a) an entity that is listed on a stock exchange in Canada; (b) an entity that has a place of business in Canada, does business in Canada or has assets in Canada and that, based on its consolidated financial statements, meets at least two of the following conditions for at least one of its two most recent financial years: (i) it has at least $20 million in assets, (ii) it has generated at least $40 million in revenue, (iii) it employs an average of at least 250 employees; and (c) any other prescribed entity. Continuation of obligations (2) An entity that ceases to be an entity referred to in subsection (1) before the end of a period referred to in section 12 or 13, as the case may be, continues to be subject to the obligations of that section until the end of the applicable period.
Extractive Sector Transparency Measures Act — E-22.7 9
Annual report 9 (1) Every entity must, not later than 150 days after the end of each of its financial years, provide the Minister with a report that discloses, in accordance with this section, the payments that it has made during that year. Payments to be disclosed (2) Subject to any regulations made under paragraph 23(1)(d), an entity must disclose any payments within a category of payment that are made to the same payee, if the total amount of all those payments during the financial year is at least (a) the amount prescribed by regulation for the category of payment; or (b) if no amount is prescribed for the category, $100,000. Deemed payee (3) For the purpose of subsection (2), a payment that is made to a payee referred to in paragraph (c) of the definition payee is deemed to have been made to the government or body for which it is established to exercise or perform, or that for which it exercises or performs, a power, duty or function of government. Attestation (4) The report is to include an attestation made by a director or officer of the entity, or an independent auditor or accountant, that the information in the report is true, accurate and complete. Form and manner (5) The Minister may specify, in writing, the way in which payments are to be organized or broken down in the report — including on a project basis — and the form and manner in which a report is to be provided. The Minister is to make those requirements available to the public in the manner that he or she considers appropriate.
Extractive Sector Transparency Measures Act — E-22.7 10
Substitution 10 (1) If, in the Minister’s opinion, and taking into account any additional conditions that he or she may impose, the payment reporting requirements of another jurisdiction achieve the purposes of the reporting requirements under this Act, the Minister may determine that the requirements of the other jurisdiction are an acceptable substitute for those set out in section 9. The determination is to be in writing and made available to the public in the manner that the Minister considers appropriate. Provision of substitute report (2) If the Minister has determined that the requirements of a jurisdiction are an acceptable substitute, an entity that is subject to those requirements is deemed to have provided a report in accordance with section 9 if the entity (a) provides the report required by the jurisdiction to the jurisdiction’s competent authority; (b) provides a copy of that report to the Minister, in the form and manner that he or she specifies, within any period specified in the jurisdiction’s reporting requirements for providing the report to the competent authority; and (c) meets any conditions imposed by the Minister under subsection (1).
Extractive Sector Transparency Measures Act — E-22.7 11
Wholly owned subsidiary — consolidated report 11 If an entity and any wholly owned subsidiary of the entity are entities referred to in subsection 8(1), the subsidiary is deemed to have provided a report in accordance with section 9 for a financial year if (a) the entity provides the Minister with a report with respect to its payments in accordance with section 9 that also contains information with respect to the payments made by the subsidiary during the subsidiary’s financial year or any part of that year, which information must meet the reporting requirements of section 9; (b) not later than 150 days after the end of its financial year, the subsidiary notifies the Minister in writing that the entity is providing the report; and (c) the subsidiary provides the Minister with a report in accordance with section 9 with respect to payments that it has made during any part of its financial year that is not covered by the report provided by the entity.
Extractive Sector Transparency Measures Act — E-22.7 12
Accessibility of report 12 (1) An entity must, on providing the Minister with a report in accordance with section 9 — or on being deemed to have done so by the operation of subsection 10(2) or section 11 — make any information required by regulations made under paragraph 23(1)(f) available to the public or, if no such regulation is made, make the report and any information provided to the Minister under paragraph 10(2)(c) available to the public. Manner and period (2) The report and information must be made available to the public (a) in the manner specified by the Minister; and (b) for the period prescribed by regulation or, if no period is prescribed, for a period of five years.
Extractive Sector Transparency Measures Act — E-22.7 13
Records 13 An entity must keep records of its payments made in a financial year for a prescribed period or, if no period is prescribed, for a seven-year period that begins on the day on which the entity provides the report in accordance with section 9 for the financial year or is deemed to have done so by the operation of subsection 10(2) or section 11.
Extractive Sector Transparency Measures Act — E-22.7 14
Order — required information 14 (1) For the purpose of verifying compliance with this Act, the Minister may, by order, require an entity to provide to him or her, within the period specified in the order, any information or documents, including (a) a list of projects for the commercial development of oil, gas, or minerals in which the entity has an interest and the nature of that interest; (b) an explanation of how the entity has treated a payment for the purpose of preparing a report referred to in subsection 9(1) or meeting the requirements set out in paragraphs 10(2)(a) to (c); (c) a statement of any policies that the entity has implemented for the purpose of meeting its obligations under this Act; and (d) the results of an audit of its report or of the records of payments for the financial year to which the report relates. Audit (2) The audit is to be carried out in accordance with the generally accepted auditing standards specified in the order by an independ­ent auditor who meets the requirements specified in it. Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order referred to in subsection (1).
Extractive Sector Transparency Measures Act — E-22.7 15
Designation 15 The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of this Act.
Extractive Sector Transparency Measures Act — E-22.7 16
Entry into a place 16 (1) A designated person may, for a purpose related to verifying compliance with this Act, enter any place in which the person has reasonable grounds to believe there is anything to which this Act applies or any document relating to the administration of this Act. Powers on entry (2) The designated person may, for the purpose referred to in subsection (1), (a) examine anything in the place including any document; (b) use any means of communication in the place or cause it to be used; (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it, or reproduce the data, or cause it to be reproduced, in the form of a printout or other intelligible output and remove any printout or output for examination or copying; (d) prepare a document, or cause one to be prepared, based on the data; (e) use any copying equipment in the place, or cause it to be used; (f) take photographs or make recordings or sketches of anything in the place; (g) direct any person to put any equipment in the place into operation or to cease operating it; (h) prohibit or limit access to all or part of the place or to anything in the place; and (i) remove anything from the place for the purpose of examination. Persons accompanying designated person (3) The designated person may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section. Assistance (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the designated person to exercise their powers or perform their duties or functions under this section and is to provide any documents or information, and access to any data, that is reasonably required for that purpose.
Extractive Sector Transparency Measures Act — E-22.7 17
Warrant to enter dwelling-house 17 (1) If the place referred to in subsection 16(1) is a dwelling-house, the designated person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 16(1); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Extractive Sector Transparency Measures Act — E-22.7 18
Obstruction 18 A person must not obstruct or hinder a person who is exercising powers or performing duties or functions under this Act.
Extractive Sector Transparency Measures Act — E-22.7 19
Minister’s power 19 (1) If, on the basis of information obtained under section 14 or 16, the Minister is of the opinion that an entity is not in compliance with section 9 or 12, the Minister may, by order, require the entity to take measures that he or she considers to be necessary to ensure compliance with those provisions. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order referred to in subsection (1).
Extractive Sector Transparency Measures Act — E-22.7 20
Agreement with another jurisdiction 20 The Minister may enter into an agreement or arrangement with the government of another jurisdiction relating to the administration or enforcement of this Act or that jurisdiction’s reporting requirements.
Extractive Sector Transparency Measures Act — E-22.7 21
Disclosure — powers, duties and functions 21 The Minister may disclose information obtained under this Act for the purpose of exercising powers or performing duties and functions under this Act.
Extractive Sector Transparency Measures Act — E-22.7 22
Delegation 22 The Minister may delegate to any person or body any power, duty or function conferred on the Minister under this Act except the power to delegate under this section.