GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Economic Measures (Zimbabwe) Regulations — a
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) to (3) of the Special Economic Measures Act a , hereby makes the annexed Special Economic Measures (Zimbabwe) Regulations . a S.C. 1992, c. 17
Special Economic Measures (Zimbabwe) Regulations — 1
Definitions 1 The following definitions apply in these Regulations. arms and related material means any type of weapons, ammunition, military vehicle or military or paramilitary equipment and their spare parts. ( armes et matériel connexe ) designated person means a person whose name is listed in the schedule in accordance with section 2. ( personne désignée ) Minister means the Minister of Foreign Affairs. ( ministre ) technical assistance means any form of assistance and includes instruction, training, consulting services, technical advice and the transferring or communicating of know-how or technical data. ( aide technique ) Zimbabwe includes (a) any political subdivision of Zimbabwe; (b) the government, and any department, of Zimbabwe or of a political subdivision of Zimbabwe; and (c) any agency of Zimbabwe or of a political subdivision of Zimbabwe. ( Zimbabwe ) SOR/2019-61, s. 3(E)
Special Economic Measures (Zimbabwe) Regulations — Special Economic Measures (Zimbabwe) Regulations
arms and related material means any type of weapons, ammunition, military vehicle or military or paramilitary equipment and their spare parts. ( armes et matériel connexe )
Special Economic Measures (Zimbabwe) Regulations — Special Economic Measures (Zimbabwe) Regulations
designated person means a person whose name is listed in the schedule in accordance with section 2. ( personne désignée )
Special Economic Measures (Zimbabwe) Regulations — Special Economic Measures (Zimbabwe) Regulations
Minister means the Minister of Foreign Affairs. ( ministre )
Special Economic Measures (Zimbabwe) Regulations — Special Economic Measures (Zimbabwe) Regulations
technical assistance means any form of assistance and includes instruction, training, consulting services, technical advice and the transferring or communicating of know-how or technical data. ( aide technique )
Special Economic Measures (Zimbabwe) Regulations — (a)
Zimbabwe includes (a) any political subdivision of Zimbabwe; (b) the government, and any department, of Zimbabwe or of a political subdivision of Zimbabwe; and (c) any agency of Zimbabwe or of a political subdivision of Zimbabwe. ( Zimbabwe )
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Designated person 2 A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is (a) a former or current senior official of the Government of Zimbabwe, the Zimbabwe African National Union — Patriotic Front or a successor to either of the foregoing; (b) an associate or family member of a person set out in paragraph ( a ); (c) an entity owned or controlled by, or acting on behalf of a person set out in paragraph (a) or (b); (d) an entity owned or controlled by, or acting on behalf of the Government of Zimbabwe, the Zimbabwe African Nation Union — Patriotic Front or a successor to either of the foregoing; (e) a person engaged in activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe; or (f) a senior official of an entity referred to paragraph (e).
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Export 3 Subject to section 13, no person in Canada and no Canadian outside Canada shall export, sell, supply or ship arms and related material, wherever situated, to Zimbabwe or to any person in Zimbabwe.
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Carriage of arms and related material 4 Subject to section 13, no owner or master of a Canadian vessel , within the meaning of section 2 of the Canada Shipping Act, 2001 , and no operator of an aircraft registered in Canada shall carry, cause to be carried or permit to be carried, arms and related materials, wherever situated, destined for Zimbabwe or any person in Zimbabwe.
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Services 5 Subject to section 13, no person in Canada and no Canadian outside Canada shall provide any person in Zimbabwe with technical or financial assistance, technical or financial services or brokerage or other services related to the supply, sale, transfer, manufacture or use of arms and related materials.
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Assets freeze 6 No person in Canada and no Canadian outside Canada shall (a) deal, directly or indirectly, in any property of a designated person, including funds derived or generated from property that is owned or controlled, directly or indirectly, by that person; (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a); (c) provide any financial or other related service in respect of the property referred to in paragraph (a); or (d) make any property or any financial or other related service available, directly or indirectly, to or for the benefit of a designated person.
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Landing in Canada 7 No person shall land in Canada, or fly over Canada, an aircraft that is registered in Zimbabwe, except if landing in Canada is necessary to safeguard human life.
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Assisting in a prohibited activity 8 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by sections 3 to 7. SOR/2019-61, s. 4
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Determination 9 Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a designated person: (a) authorized foreign banks , as defined in section 2 of the Bank Act , in respect of their business in Canada or banks to which that Act applies; (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act ; (c) foreign companies , as defined in subsection 2(1) of the Insurance Companies Act , in respect of their insurance business in Canada; (d) companies , provincial companies and societies , as those terms are defined in subsection 2(1) of the Insurance Companies Act ; (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act; (f) companies to which the Trust and Loan Companies Act applies; (g) trust companies regulated by a provincial Act; (h) loan companies regulated by a provincial Act; and (i) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.
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Report 10 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police (a) the existence of property in their possession or control that they have reason to believe is owned or controlled, directly or indirectly, by a designated person or by an entity owned or controlled by a designated person; and (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity (2) No proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1). SOR/2019-61, s. 5
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Application 11 (1) A designated person may apply in writing to the Minister to request to have their name removed from the schedule. Decision (2) On receipt of a written application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the schedule. Presumption (3) If the Minister does not make a decision on the application within 60 days after the day on which the application is received, the Minister is deemed to have decided to recommend that the applicant remain a designated person. Notice (4) The Minister shall give notice without delay to the applicant of any decision made or deemed to have been made. New application (5) If there has been a material change in circumstances since the last application was submitted, a person may make another application under subsection (1).
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Mistaken identity 12 (1) A person claiming not to be a designated person may apply to the Minister in writing for a certificate stating that they are not the person who has been designated under section 2. Certificate — ​time frame (2) If it is established that the person is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after the day on which the application is received.
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Exceptions 13 (1) Sections 3 to 5 do not apply with respect to (a) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training; (b) supplies of protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations or African Union personnel, representatives of the media and humanitarian and development workers and associated personnel; (c) firearms and related ammunition and accessories in respect of which a temporary export permit has been granted under the Export and Import Permit Act prior to the coming into force of this paragraph; and (d) a member of the Canadian Forces who is in or travels to Zimbabwe in the performance of official duties, including providing security to Canadian embassy staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff. Financial support (2) Section 6 does not apply with respect to financial or other support provided by the Government of Canada in connection with internationally or regionally mandated or sanctioned negotiations for a political settlement in Zimbabwe. SOR/2019-61, s. 6(F)
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Application 14 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply according to their terms before they are published in the Canada Gazette .
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Registration 15 These Regulations come into force on the day on which they are registered.
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26 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply according to their terms before they are published in the Canada Gazette .
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2 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply according to their terms before they are published in the Canada Gazette .
Division of Judges’ Annuity Benefits Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 52.22 a of the Judges Act b , hereby makes the annexed Division of Judges’ Annuity Benefits Regulations . a S.C. 2006, c. 11, s. 15 b R.S., c. J-1
Division of Judges’ Annuity Benefits Regulations — 1
To whom application is made 1 (1) Any application for the division of a judge’s annuity benefits between the judge and his or her spouse, former spouse or former common-law partner must be made to the annuity administrator. Annuity administrator (2) If the application relates to a judge of the Supreme Court of Canada, annuity administrator means the Registrar of the Supreme Court of Canada appointed under section 12 of the Supreme Court Act , and if it relates to a judge of any other superior court, annuity administrator means the Commissioner for Federal Judicial Affairs appointed under section 73 of the Judges Act (the “Act”). Information required (3) The application must contain the following information: (a) in respect of the judge, (i) the judge’s name, (ii) the judge’s most recent address that is known to the applicant, (iii) the judge’s date of birth, (iv) the most recent judicial office held by the judge that is known to the applicant, and (v) the date on which the judge ceased to hold office, if applicable, if that date is known to the applicant; and (b) in respect of the spouse, former spouse or former common-law partner, (i) the person’s name, and (ii) the person’s most recent address that is known to the applicant. Documents required (4) The application must be accompanied by the following documents: (a) if the interested parties are or were married to each other, the original or a certified true copy of the marriage certificate; (b) the original or a certified true copy of the court order or agreement that provides for the division of the annuity benefits; and (c) if the court order or agreement does not specify the period during which the interested parties cohabited, a statutory declaration by the applicant stating the date on which they began to cohabit and the date on which that cohabitation ceased.
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Period during which interested parties cohabited 2 For the purpose of these Regulations, other than subsections 14 (2) and (3), and paragraph 52.14(6)(b) of the Act, if the court order or agreement does not specify the period during which the interested parties cohabited, that period is determined on the basis of the documents referred to in subsection 1 (4).
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Court order or agreement not specific enough 3 If the terms of the court order or agreement do not permit the determination by the annuity administrator of the amount or the percentage of the judge’s annuity benefits that is to be paid to the spouse, former spouse or former common-law partner, the annuity administrator may not act on the application and must request the interested parties to have the necessary changes made to the order or to make the necessary changes to the agreement.
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Living separate and apart 4 For the purpose of paragraph 52.11(2)(b) of the Act, (a) the interested parties are deemed to have lived separate and apart for any period during which they lived separate and apart and one of them manifested the intention not to continue the conjugal relationship; (b) a period during which the interested parties have lived separate and apart is not to be considered to have been interrupted or terminated for the sole reason (i) that one of the interested parties has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the interested party’s own volition, or (ii) that the interested parties have resumed cohabitation during a period of, or periods totalling, not more than 90 days with reconciliation as its primary purpose; and (c) if one of the interested parties dies during the year after the day on which the interested parties began to live separate and apart, the parties are deemed to have lived separate and apart throughout that year and that year is deemed to have elapsed at the date of death.
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Person incapable of managing own affairs 5 (1) A person’s incapacity to manage his or her own affairs is a circumstance referred to in paragraph 52.22(c) of the Act in which a person may make an application or object to an application on behalf of another person, or may act on behalf of another person in proceeding with an application made by that other person. Document required (2) The person must submit to the annuity administrator the original or a certified true copy of the document that authorizes the person to act.
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Application by personal representative or liquidator 6 (1) The fact that the terms of the court order or agreement have not been or are not being satisfied by other means is a circumstance referred to in paragraph 52.22(d) of the Act in which the personal representative or the liquidator of the succession of a judge or of a spouse, former spouse or former common-law partner of a judge may make an application or may proceed with an application that was made by or on behalf of the interested party. Objection to application by personal representative or liquidator (2) The existence of one of the grounds for objection referred to in subsection 52.12(2) of the Act is a circumstance referred to in paragraph 52.22(d) of the Act in which the personal representative or the liquidator of the succession of a judge or of a spouse, former spouse or former common-law partner of a judge may object to an application. Documents required (3) The personal representative or the liquidator of the succession must submit to the annuity administrator (a) the original or a certified true copy of the document that authorizes that representative or liquidator to act in that capacity; (b) the original or a certified true copy of the interested party’s death certificate; and (c) evidence that the terms of the court order or agreement remain in effect or, if the ground for objecting to the application is that the court order or agreement has been varied or is of no force or effect, evidence of that fact.
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Application after judge’s death 7 (1) The fact that the terms of the court order or agreement have not been or are not being satisfied by other means is a circumstance referred to in paragraph 52.22(f) of the Act in which a spouse, former spouse or former common-law partner of a judge may make an application after the judge’s death. Documents required (2) The application must be accompanied by the following documents: (a) the original or a certified true copy of the judge’s death certificate; and (b) if the application is based on a court order referred to in subparagraph 52.11(2)(b)(i) of the Act or on an agreement and the court order or agreement does not specify the date on which the interested parties began to live separate and apart before the judge’s death, a statutory declaration stating that date and the fact that the parties were still living separate and apart when the judge died and that the terms of the court order or agreement have not been or are not being satisfied by other means.
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Notice of receipt of application 8 The notice of the receipt of an application referred to in subsection 52.11(3) of the Act that is sent to an interested party who is not the applicant must be accompanied by a copy of the court order or agreement and any marriage certificate, death certificate or statutory declaration that was submitted in support of the application.
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Notice of objection 9 A notice of objection to the division of annuity benefits referred to in subsection 52.12(1) of the Act must be sent to the annuity administrator.
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Notice of division 10 The notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act must contain the following information: (a) the date on which the division was approved; (b) the valuation day, as determined in accordance with section 19 ; (c) the share of the annuity benefits referred to in subsection 52.14(1) of the Act, expressed as a percentage; (d) the proportion of the value of the annuity referred to in subsection 52.14(2) of the Act, expressed as a percentage; (e) an estimate of the amount to be paid to the spouse, former spouse or former common-law partner as payment of his or her share of the annuity benefits, made in accordance with sections 19 and 21 to 23 , with any modifications that the circumstances require; and (f) if the judge still holds office, the judge’s expected date of retirement, determined in accordance with section 19 and paragraph 21 (d), with any modifications that the circumstances require.
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Election to wait for share of annuity benefits 11 (1) To make an election under subsection 52.14(4) of the Act, a judge’s spouse, former spouse or former common-law partner must send to the annuity administrator a notice indicating that person’s election to receive at the time described in that subsection a share of the annuity referred to in that subsection, to be paid in lieu of the share of the judge’s annuity benefits referred to in subsection 52.14(3) or (3.1) of the Act. Time for sending notice (2) The notice must be sent no later than the 30th day after the day on which the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act is sent. Cancellation of election (3) The spouse, former spouse or former common-law partner may, within the same period and in the same manner, cancel the election. Notice to judge (4) The annuity administrator must notify the judge of the election and cancellation.
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Withdrawal of application 12 An application may be withdrawn by sending a notice to the annuity administrator no later than the 30th day after the day on which the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act is sent.
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To whom request for information is made 13 (1) A request by a spouse, common-law partner, former spouse or former common-law partner of a judge under section 52.21 of the Act to obtain information concerning the benefits that are or may become payable to or in respect of the judge under the Act must be made to the annuity administrator. Documents required (2) The request must be accompanied by the following documents: (a) if there is a court order or agreement, the original or a certified true copy of the court order or agreement, and if the appeal or review proceedings referred to in paragraph 52.12(2)(c) of the Act has been commenced in respect of the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3); and (b) if the court order or agreement does not specify the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited or if there is no court order or agreement, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3). Content of statutory declaration (3) The statutory declaration must state the date on which the judge and the spouse, common-law partner, former spouse or former common-law partner began to cohabit and the date on which they ceased to cohabit or, if they have not ceased to cohabit, that it is the intention of the spouse or common-law partner to cease to cohabit.