GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Radiocommunication Act — R-2 15.2
Appeal to Federal Court 15.2 (1) Subject to subsection (2), an appeal may be brought in the Federal Court from a decision made under subsection 15.15(2) within 30 days after the day on which the decision is made. Appeal on question of fact (2) An appeal on a question of fact may be brought only with the leave of the Federal Court, an application for which shall be made within 30 days after the day on which the decision is made. The appeal may not be brought later than 30 days after the day on which leave to appeal is granted. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.21
Debts due to Her Majesty 15.21 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount payable under an undertaking entered into under subsection 15.13(1), beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is entered into; (b) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice; (c) if representations are made, either the amount of the penalty that is imposed by the Minister or on appeal, as the case may be, beginning on the day specified by the Minister or the court or, if no day is specified, beginning on the day on which the decision is made; and (d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c). Time limit or prescription (2) A proceeding to recover such a debt may not be commenced later than five years after the day on which the debt becomes payable. Receiver General (3) A penalty paid or recovered in relation to a violation is payable to the Receiver General. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.22
Certificate of default 15.22 (1) The Minister may issue a certificate for the unpaid amount of any debt referred to in subsection 15.21(1). Effect of registration (2) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.23
Time limit or prescription 15.23 (1) A proceeding in respect of a violation may not be commenced later than three years after the day on which the subject-matter of the proceedings becomes known to the Minister. Certificate of Minister (2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to him or her, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.24
Publication 15.24 The Minister may make public (a) the name of a person who committed a violation, the nature of the violation including the acts or omissions, or the provisions at issue and the amount of the penalty; and (b) the name of a person who enters into an undertaking, the nature of the undertaking including the acts or omissions, or the provisions at issue, the conditions included in the undertaking and, if applicable, the amount of the penalty. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.25
How act or omission may be proceeded with 15.25 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.26
For greater certainty 15.26 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. 2014, c. 39, s. 182
Radiocommunication Act — R-2 15.27
Regulations 15.27 The Governor in Council may make regulations (a) designating provisions of this Act whose contravention constitutes a separate violation in respect of each day during which it continues; (b) for the purpose of paragraph 15.11(1)(e), establishing other factors to be considered in determining the amount of the penalty; and (c) respecting undertakings entered into under section 15.13. 2014, c. 39, s. 182
Radiocommunication Act — R-2 16
Certificates or reports of inspectors 16 (1) In any proceeding under this Act, or in any other proceeding to which the legislative jurisdiction of Parliament extends, a certificate or report purporting to have been given by an inspector who did an inspection or test pursuant to this Act and to have been signed by that inspector is admissible in evidence and, in the absence of any evidence to the contrary, is proof of the matters stated therein relating to the inspection or test, without proof of the signature, official character or capacity of the person appearing to have signed the certificate or report. No admissibility without notice (2) No certificate or report shall be received in evidence pursuant to subsection (1) unless the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report. Attendance of inspector (3) A party who receives notice under subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination. R.S., 1985, c. R-2, s. 16; 1989, c. 17, s. 7
Radiocommunication Act — R-2 17
Protection from personal liability 17 (1) No action or other proceeding for damages lies or may be instituted against a Minister, servant or agent of the Crown for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith under this Act or any order or regulation issued or made under this Act. Crown not relieved of liability (2) Subsection (1) does not relieve the Crown of liability for the acts or omissions described therein, and the Crown is liable under the Crown Liability Act or any other law as if that subsection had not been enacted. 1989, c. 17, s. 7
Radiocommunication Act — R-2 18
Right of civil action 18 (1) Any person who (a) holds an interest in the content of a subscription programming signal or network feed, by virtue of copyright ownership or a licence granted by a copyright owner, (b) is authorized by the lawful distributor of a subscription programming signal or network feed to communicate the signal or feed to the public, (c) holds a licence to carry on a broadcasting undertaking issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act , or (d) develops a system or technology, or manufactures or supplies to a lawful distributor equipment, for the purpose of encrypting a subscription programming signal or network feed, or manufactures, supplies or sells decoders, to enable authorized persons to decode an encrypted subscription programming signal or encrypted network feed may, where the person has suffered loss or damage as a result of conduct that is contrary to paragraph 9(1)(c), (d) or (e) or 10(1)(b), in any court of competent jurisdiction, sue for and recover damages from the person who engaged in the conduct, or obtain such other remedy, by way of injunction, accounting or otherwise, as the court considers appropriate. Rules applicable (2) In an action under subsection (1) against a person, (a) a monetary judgment may not exceed one thousand dollars where the person is an individual and the conduct engaged in by the person is neither contrary to paragraph 9(1)(e) or 10(1)(b) nor engaged in for commercial gain; and (b) the costs of the parties are in the discretion of the court. Evidence of prior proceedings (3) In an action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under paragraph 9(1)(c), (d) or (e) or 10(1)(b) is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought engaged in conduct that was contrary to that paragraph, and any evidence given in those proceedings as to the effect of that conduct on the person bringing the action is evidence thereof in the action. Jurisdiction of Federal Court (4) For the purposes of an action under subsection (1), the Federal Court is a court of competent jurisdiction. Limitation (5) An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in. Copyright Act (6) Nothing in this section affects any right or remedy that an aggrieved person may have under the Copyright Act . 1991, c. 11, s. 85
Radiocommunication Act — R-2 19
Right of civil action 19 (1) Any person who has made or received a radio-based telephone communication that the person believes on reasonable grounds will be or has been divulged or will be used or has been made use of contrary to subsection 9(1.1) may, in any court of competent jurisdiction, bring an action to prevent the divulgence or use of or to recover damages from the person who will divulge or has divulged or who will make use of or has made use of the radio-based telephone communication, and in any such action the court may grant any remedy, by way of injunction, damages, accounting or otherwise, as the court considers appropriate. Evidence of prior proceedings (2) In an action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under subsection 9(1.1) is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought divulged or made use of the radio-based telephone communication and any evidence given in those proceedings as to the effect of the divulgence or use on the person bringing the action is evidence thereof in the action. Jurisdiction of Federal Court (3) For the purposes of an action under subsection (1), the Federal Court is a court of competent jurisdiction. Limitation (4) An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in. Remedies not affected (5) Nothing in this section affects any other right or remedy that an aggrieved person might otherwise have. 1993, c. 40, s. 26
Radiocommunication Act — R-2 16
Radio licences, etc. 16 Radio licences, technical construction and operating certificates and radio operator certificates that were in force under the Radio Act immediately before this Act comes into force continue in force thereafter as if they had been issued in accordance with the Radio Act as amended by this Act.
Radiocommunication Act — R-2 62
Idem 62 (4) Every reference to the Minister of Communications in any order, regulation or other instrument made under the Radiocommunication Act or the Telecommunications Act shall, unless the context otherwise requires, be read as a reference to the Minister of Industry.
Radiocommunication Act — R-2 14
1989, c. 17, s. 6 14 Section 12 is repealed.
Radiocommunication Act — R-2 233
1994, c. 43, s. 92 233 Subsections 7(4) and (5) of the Radiocommunication Act are replaced by the following: Exception (4) Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act , land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act or on Tetlit Gwich’in Yukon land may be heard and determined only by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and in accordance with those laws. Settlement land (5) If the Yukon first nation concerned does not consent to it, no interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be taken possession of under this section without the consent of the Governor in Council.
Railway Belt Act — R-3.2 1
Short title 1 This Act may be cited as the Railway Belt Act . R.S., c. 59, s. 1
Railway Belt Act — R-3.2 2
Definition of Railway Belt 2 In this Act Railway Belt means that tract of land in the province of British Columbia within which lie the lands granted to the Dominion Government for the purpose of constructing and to aid in the construction of the portion of the Canadian Pacific Railway on the mainland of the said province, by section one of the Act of the legislature of the said province, chapter eleven of the year one thousand eight hundred and eighty, as amended by the Act of the said legislature, chapter fourteen of the years one thousand eight hundred and eighty-three and one thousand eight hundred and eighty-four. R.S., c. 59, s. 2
Railway Belt Act — R-3.2 3
Western boundary defined 3 The western boundary of the said Railway Belt is defined as follows: Commencing at the intersection of the international boundary with the waters of Semiahmoo bay, a branch of Boundary bay, an arm of the Pacific ocean; thence westerly and northerly, following the shore of the said Semiahmoo bay, and of Mud bay, another branch of the said Boundary bay, to a point on the shore of Mud bay, at the intersection of the west boundary line of township two, New Westminster district, with the waters of said Mud bay; thence north along the said west boundary of township two to the northwest corner of said township two; thence northerly along the eastern side lines of the Mud bay (or Scott) road and the Yale road, to the south bank of the Fraser river at Brownsville; thence northerly, crossing the Fraser river to a point on the north bank of the said river where the eastern side line of the North road produced south would intersect the north bank of the Fraser river; thence north to the eastern side line of said North road; thence north along the said eastern side line of said North road to its intersection with the south shore of Burrard inlet; thence north to the north shore line of Burrard inlet; thence westerly and northerly following the shore line of Burrard inlet to the most northerly point of the peninsula between Bedwell bay and the North arm of Burrard inlet; thence northeasterly on a straight line to the point where the northern boundary of township thirty-nine west of the coast meridian intersects the eastern shore of the North arm of Burrard inlet; thence northerly, following upon the said eastern shore to the mouth of the Mesliloet river, a stream flowing from the north into the head of said North arm; thence northerly along the middle of the main channel of the said Mesliloet river to the point of its intersection with the northern boundary of township seven in range seven, west of the seventh meridian, according to the Dominion lands system adopted in the surveys of the Railway Belt in British Columbia. R.S., c. 59, s. 3; 1907, c. 39, s. 3
Railway Belt Act — R-3.2
Commencing at the intersection of the international boundary with the waters of Semiahmoo bay, a branch of Boundary bay, an arm of the Pacific ocean; thence westerly and northerly, following the shore of the said Semiahmoo bay, and of Mud bay, another branch of the said Boundary bay, to a point on the shore of Mud bay, at the intersection of the west boundary line of township two, New Westminster district, with the waters of said Mud bay; thence north along the said west boundary of township two to the northwest corner of said township two; thence northerly along the eastern side lines of the Mud bay (or Scott) road and the Yale road, to the south bank of the Fraser river at Brownsville; thence northerly, crossing the Fraser river to a point on the north bank of the said river where the eastern side line of the North road produced south would intersect the north bank of the Fraser river; thence north to the eastern side line of said North road; thence north along the said eastern side line of said North road to its intersection with the south shore of Burrard inlet; thence north to the north shore line of Burrard inlet; thence westerly and northerly following the shore line of Burrard inlet to the most northerly point of the peninsula between Bedwell bay and the North arm of Burrard inlet; thence northeasterly on a straight line to the point where the northern boundary of township thirty-nine west of the coast meridian intersects the eastern shore of the North arm of Burrard inlet; thence northerly, following upon the said eastern shore to the mouth of the Mesliloet river, a stream flowing from the north into the head of said North arm; thence northerly along the middle of the main channel of the said Mesliloet river to the point of its intersection with the northern boundary of township seven in range seven, west of the seventh meridian, according to the Dominion lands system adopted in the surveys of the Railway Belt in British Columbia.
Railway Belt Act — R-3.2 4
Lands open for sale 4 The lands in the Railway Belt granted to the Dominion Government for the purposes and in manner aforesaid shall, in so far as they have not already been disposed of, be open for entry to bona fide settlers in such lots and at such prices as the Governor in Council determines. R.S., c. 59, s. 3
Railway Belt Act — R-3.2 5
Rights of squatters 5 Every person who squatted on any of the said lands prior to the nineteenth day of December, one thousand eight hundred and eight-three, and who has made substantial improvements thereon, shall have a prior right of purchasing the lands so improved, at the rates charged to settlers generally. R.S., c. 59, s. 4
Railway Belt Act — R-3.2 6
Regulations 6 The Governor in Council may, from time to time, regulate the manner in which, and the terms and conditions on which, the said lands shall be surveyed, laid out, administered, dealt with and disposed of. 2 [Repealed, 1950, c. 50, s. 10] Issue of patent for land held by deceased settler 3 In the event of letters patent issuing to or in the name of a person who is dead, they shall not be therefore void, but the title to the land thereby granted, or intended to be granted, shall vest in heirs, assigns, devisees, or other legal representatives of the deceased person according to the laws in force in the province of British Columbia, as if the letters patent had issued to or in the name of the deceased person during his lifetime. R.S., c. 59, s. 5; 1919, c. 4, s. 1
Railway Belt Act — R-3.2 3
Issue of patent for land held by deceased settler 3 In the event of letters patent issuing to or in the name of a person who is dead, they shall not be therefore void, but the title to the land thereby granted, or intended to be granted, shall vest in heirs, assigns, devisees, or other legal representatives of the deceased person according to the laws in force in the province of British Columbia, as if the letters patent had issued to or in the name of the deceased person during his lifetime.
Railway Belt Act — R-3.2 7
Dominion Lands Board to have jurisdiction 7 The Dominion Lands Board shall, as respects such lands, have the like powers and perform the like duties as are conferred upon and assigned to them in relation to the Dominion lands for the administration of which provision is made by the Dominion Lands Act . R.S., c. 59, s. 6
Railway Belt Water Act — R-3.25 1
Short title 1 This Act may be cited as the Railway Belt Water Act . 1912, c. 47, s. 1
Railway Belt Water Act — R-3.25 2
Definitions 2 In this Act, unless the context otherwise requires, (a) Board means the tribunal constituted under the Water Acts , and therein described as the “Board of Investigation”; (b) domestic purposes means and includes household, sanitary and fire protection purposes and the purpose of watering live stock; (c) Minister means the Minister of the Interior; (d) Railway Belt means the lands on the mainland of British Columbia granted to the Crown in the right of Canada by chapter 14 of the statutes of British Columbia 1884 for the purpose of constructing and to aid in the construction of the Canadian Pacific Railway, excepting thereout and therefrom all reserves or areas that are or may be set apart and designated as Dominion Parks; (e) riparian proprietor means a person lawfully occupying lands adjoining and bordering upon any watercourse within the Railway Belt; (f) Water Acts means and includes the Water Act of British Columbia, chapter two hundred and seventy-one of the Revised Statutes of British Columbia 1924, the Act in amendment thereof enacted the nineteenth day of December, one thousand nine hundred and twenty-five, being chapter sixty-one of the statutes of British Columbia 1925, and any Act passed by the legislature of the province of British Columbia which, under the provisions of section six of this Act, is made to apply to the water in the Railway Belt; (g) watercourse includes all natural watercourses or sources of water supply, whether usually containing water or not, and all steams, rivers, lakes, creeks, springs, ravines and gulches, and all water-power. 1912, c. 47, s. 2; 1913, c. 45, ss. 2, 3, 1926, c. 15, s. 2
Railway Belt Water Act — R-3.25 3
Confirmation to Crown of ownership of all waters 3 The property in and the right to the use of all the water at any time in any watercourse within the Railway Belt shall, for all purposes, be deemed to be vested in the crown, unless and until and except only so far as some private right therein or in the use thereof inconsistent with the right of the Crown has been or may be lawfully established. 1913, c. 45, s. 3
Railway Belt Water Act — R-3.25 4
Exclusive rights not vested in grantee. Except waters for domestic purposes 4 No grant made after the sixth day of June, one thousand nine hundred and thirteen, by the Crown of lands in the Railway Belt, or of any interest therein, shall vest in the grantee any exclusive or other right, title or privilege in, to or in respect of any watercourse, or in, to or in respect of the bed or shores of any watercourse, unless and except in so far as any right, title or privilege to the bed or shores of any watercourse is expressly set out and described in such grant, saving the right of every riparian proprietor to the use of water for domestic purposes. 1913, c. 45, s. 4
Railway Belt Water Act — R-3.25 6
Application of B.C. legislation 6 (1) The Governor in Council may direct that any Act, or portion thereof, passed by the legislature of the province of British Columbia after the third day of March, one thousand nine hundred and thirteen, relating to water in the province not within the Railway Belt shall apply to the water in the Railway Belt as if such Act were enacted by the Parliament of Canada. Commencement and publication of orders in council (2) Every order in council passed under the authority of this section shall be deemed to relate back to and to take effect from the date of the coming into operation of the Act, or the portion of an Act, the application of which to the water in the Railway Belt is directed by the order in council. Publication (3) Every such order in council shall be published for four consecutive weeks in the Canada Gazette , and shall be laid before both Houses of Parliament within the first fifteen days of the session next after the date thereof. 1913, c. 45, s. 4; 1926, c. 15, s. 4
Railway Belt Water Act — R-3.25 7
Power to repeal section 5 7 The Governor in Council may, at any time, repeal the provisions of section five of this Act, by proclamation to be published in the Canada Gazette , and upon the repeal of the said section, the water shall be administered under regulations to be made by the Governor in Council. 1912, c. 47, s. 7
Railway Belt Water Act — R-3.25 8
Rights of Crown preserved 8 Nothing in this Act shall be construed as conferring any interest in or authority or control over any lands belonging to the Crown in the right of Canada. 1912, c. 47, s. 9