GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Coasting Trade Act — C-33.3 6
Terms and conditions of licence 6 (1) The Minister of Public Safety and Emergency Preparedness may issue a licence subject to any terms and conditions that the Minister considers appropriate, including, without restricting the generality of the foregoing, terms and conditions respecting (a) the service or activity that is to be performed by the foreign ship or non-duty paid ship to which the licence relates; and (b) the place or places where the foreign ship or non-duty paid ship may perform that service or activity. Effective period of licence (2) Every licence shall set out the period of time for which it is valid, which period may not exceed (a) in the case of a foreign ship, the earlier of twelve months and the expiration of any certificate or document referred to in paragraph 4(1)(d); or (b) in the case of a non-duty paid ship, twelve months. Suspension, cancellation or variation of licence (3) The Minister of Public Safety and Emergency Preparedness may, by order, suspend or cancel a licence or vary the terms and conditions of a licence where (a) the owner or master of the licensed ship is convicted of an offence under this or any other Act of Parliament relating to navigation or shipping; or (b) there has been a contravention of or failure to comply with any term or condition to which the licence is subject. 1992, c. 31, s. 6; 2005, c. 38, ss. 142, 145
Coasting Trade Act — C-33.3 7
Regulations 7 The Governor in Council may, by regulation (a) specify that a territory is, or is not, a territory referred to in the definition of territory of the European Union in subsection 2(1); (a.1) specify that a territory is, or is not, a territory referred to in the definition of territory of the United Kingdom in subsection 2(1); (b) indicate, for the purpose of paragraph 3(2.2)(b), the registers that are second, or international, registers of member states of the European Union; (b.1) indicate, for the purpose of paragraph 3(2.21)(b), the registers that are second, or international, registers of the United Kingdom; and (c) fix the maximum number of licences that may be issued under sections 4 and 5. 1992, c. 31, s. 7; 2017, c. 6, s. 94; 2018, c. 10, s. 72 2021, c. 1, s. 34
Coasting Trade Act — C-33.3 8
Function of Agency 8 (1) In relation to an application for a licence, the Agency shall make the determinations referred to in paragraphs 4(1)(a) and (b) and 5(a) and (b). Regulations (2) The Governor in Council may make regulations prescribing the criteria to be applied by the Agency for the making of the determinations referred to in subsection (1).
Coasting Trade Act — C-33.3 9
Information 9 In making a determination referred to in subsection 8(1), the Agency may request from the applicant for the licence to which the determination relates, and from the owner of any Canadian ship or non-duty ship to which the determination relates, such information and documentation as the Agency deems necessary.
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Collection of information 10 In order to carry out its function under this Act the Agency may collect information and keep records concerning the characteristics and uses of Canadian ships and non-duty paid ships.
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Unfair practices 11 (1) Where the Minister of Transport is of the opinion that a government of any country has engaged in unfair, discriminatory or restrictive practices with respect to the use of Canadian ships in commercial activities in waters of that country, the Minister of Transport and the Minister of Foreign Affairs shall seek elimination of those practices through consultations with the government of that country. Idem (2) Where the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister of Transport and the Minister of Foreign Affairs, take such action as the Governor in Council considers appropriate. 1992, c. 31, s. 11; 1995, c. 5, s. 25
Coasting Trade Act — C-33.3 12
Enforcement officers 12 (1) For the purposes of enforcing this Act, the Minister of Transport may designate any person or class of persons as enforcement officers and shall furnish every enforcement officer with a certificate of that designation. Production of certificate of designation (2) In carrying out the duties and functions of an enforcement officer under this Act, an enforcement officer shall, if so requested, produce the certificate of designation referred to in subsection (1) to the person appearing to be in charge of any ship in respect of which the enforcement officer is acting.
Coasting Trade Act — C-33.3 13
Offence 13 (1) Where a ship contravenes subsection 3(1), the ship is guilty of an offence and is liable on summary conviction to a fine not exceeding fifty thousand dollars. Deemed separate offence (2) Where an offence is committed by a ship under subsection (1) on more than one day or is continued by the ship for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
Coasting Trade Act — C-33.3 14
Trial of offences 14 (1) Where a ship is charged with an offence under section 13, any court in Canada that would have had jurisdiction in respect of the offence if that offence had been committed within the limits of the court’s ordinary jurisdiction has jurisdiction to try the offence as if it had been committed in the court’s jurisdiction. Service on ship and appearance at trial (2) Where a ship is charged with an offence under section 13, the summons in relation thereto may be served by leaving it with the master or any officer of the ship or by posting the summons on a conspicuous part of the ship, and the ship may appear by counsel or agent but, if it does not appear, a court may, on proof of service of the summons, proceed ex parte to hold the trial.
Coasting Trade Act — C-33.3 15
Powers of enforcement officer 15 (1) Where an enforcement officer believes on reasonable grounds that a ship has contravened this Act, the enforcement officer may stop and board the ship and, with a warrant, search the ship and seize anything found in or on the ship that the enforcement officer believes on reasonable grounds will afford evidence with respect to any contravention of this Act. Where warrant not necessary (2) An enforcement officer may carry out the powers under subsection (1) without a warrant if by reason of exigent circumstances it would not be practicable to obtain a warrant. Assistance (3) While carrying out any of the powers under this section, an enforcement officer may (a) require the owner, master or any other person who may have possession of the official log book of the ship, or any other document or paper that may provide evidence of the contravention, to produce, for inspection or for the purposes of obtaining copies thereof or extracts therefrom, the log book or other document or paper; and (b) require the master or any other person found on board the ship to give all reasonable assistance in the power of the master or other person, as the case may be, to enable the enforcement officer to carry out the enforcement officer’s duties and functions under this Act.
Coasting Trade Act — C-33.3 16
ts of persons who have obtained an order referred to in subsection (14). Payment of proceeds (18) Where a ship is sold pursuant to this section, any surplus remaining from the proceeds of the sale after deducting (a) the amount of (i) the maximum fine that could have been imposed for the offence, where subsection (8) applies, or (ii) the fine actually imposed, where subsection (9) applies, and (b) the cost of the detention and the sale shall, to the extent of the surplus, be paid in accordance with the interests of persons who have obtained an order referred to in subsection (14), and any surplus remaining thereafter shall be paid to the person registered as the owner of the ship or, in the absence of registration, to the person who owns the ship. Clear title (19) On selling a ship pursuant to this section, the Minister of Transport may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that is in existence at the time of the sale. Registrability not implied (20) Nothing in subsection (19) shall be construed as meaning that the ship may be registered in the name of the purchaser. Not duty paid (21) No ship sold pursuant to this section shall be deemed to have been duty paid under the Customs Tariff by reason only of that sale. Definitions (22) In this section, court means (a) in the Province of Ontario, the Superior Court of Justice, (b) in the Province of Quebec, the Superior Court of the Province, (c) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province, (e) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, and (g) the Federal Court; ( tribunal ) court of appeal means, in the province in which an order referred to in subsection (14) is made, the court of appeal for that province as defined in section 2 of the Criminal Code and includes the Federal Court of Appeal. ( tribunal d’appel ) 1992, c. 31, s. 16; 1996, c. 31, s. 108; 1998, c. 16, s. 31, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 21, c. 31, s. 43; 2002, c. 7, s. 132(E), c. 8, s. 183; 2015, c. 3, s. 36
Coasting Trade Act — C-33.3 (a)
court means (a) in the Province of Ontario, the Superior Court of Justice, (b) in the Province of Quebec, the Superior Court of the Province, (c) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province, (e) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, and (g) the Federal Court; ( tribunal )
Coasting Trade Act — C-33.3
court of appeal means, in the province in which an order referred to in subsection (14) is made, the court of appeal for that province as defined in section 2 of the Criminal Code and includes the Federal Court of Appeal. ( tribunal d’appel )
Coasting Trade Act — C-33.3 17
Obstruction 17 No person shall obstruct or hinder an enforcement officer in the carrying out of the enforcement officer’s duties and functions under this Act.
Coasting Trade Act — C-33.3 18
False statements 18 No person shall knowingly make a false or misleading statement, either orally or in writing, as the case may be, (a) in an application for a licence; (b) to the Agency pursuant to a request under section 9; or (c) to an enforcement officer while the enforcement officer is engaged in carrying out that enforcement officer’s duties and functions under this Act.
Coasting Trade Act — C-33.3 19
Summary conviction offence and punishment 19 Every person who contravenes section 17 or 18 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than fifteen thousand dollars or to imprisonment for a term not exceeding twelve months or to both.
Coasting Trade Act — C-33.3 20
Minister of Transport responsible 20 Except where otherwise provided for in this Act, the Minister of Transport is responsible for the administration of this Act.
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Copies or extracts 21 (1) Subject to subsection (2), a copy or extract of any document or paper made or taken pursuant to subsection 15(3) by an enforcement officer and purporting to be certified under the enforcement officer’s signature as a true copy or extract is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of any evidence to the contrary, has the same probative force as the original document or paper would have if it had been proved in the ordinary way. Notice (2) No copy or extract referred to in subsection (1) shall be received in evidence in any proceedings unless the party intending to produce it has given to the party against whom it is intended to be produced notice of that intention at least seven days prior to the proceedings together with a duplicate of the copy or extract.
Coasting Trade Act — C-33.3 Coming into force
Coming into force * 31 (1) Subject to this section, this Act shall come into force on a day to be fixed by order of the Governor in Council. (2) [Repealed, 2001, c. 26, s. 292] * [Note: Act in force December 1, 1992, see SI/92-175.] 1992, c. 31, s. 31; 2001, c. 26, s. 292
Coasting Trade Act — C-33.3 10
Transitional — proceedings 10 Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
College of Immigration and Citizenship Consultants Act — C-33.6 1
Short title 1 This Act may be cited as the College of Immigration and Citizenship Consultants Act .
College of Immigration and Citizenship Consultants Act — C-33.6 2
Definitions 2 The following definitions apply in this Act. Board means the board of directors referred to in subsection 17 (1). ( conseil ) College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86 . ( Collège ) immigration and citizenship consultant means a person — other than a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act — who, directly or indirectly, represents or advises persons for consideration — or offers to do so — in connection with a proceeding or application under the Citizenship Act , the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act. ( consultant en immigration et en citoyenneté ) licence means a licence issued under this Act. ( permis ) Minister means the federal minister designated under section 3 . ( ministre ) prescribed means prescribed by the regulations. ( Version anglaise seulement ) privileged means subject to a privilege under the law of evidence, litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries. ( protégé ) Registrar means the Registrar of the College appointed under section 30 . ( registraire )
College of Immigration and Citizenship Consultants Act — C-33.6
Board means the board of directors referred to in subsection 17 (1). ( conseil )
College of Immigration and Citizenship Consultants Act — C-33.6
College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86 . ( Collège )
College of Immigration and Citizenship Consultants Act — C-33.6
immigration and citizenship consultant means a person — other than a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act — who, directly or indirectly, represents or advises persons for consideration — or offers to do so — in connection with a proceeding or application under the Citizenship Act , the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act. ( consultant en immigration et en citoyenneté )
College of Immigration and Citizenship Consultants Act — C-33.6
licence means a licence issued under this Act. ( permis )
College of Immigration and Citizenship Consultants Act — C-33.6
Minister means the federal minister designated under section 3 . ( ministre )
College of Immigration and Citizenship Consultants Act — C-33.6
prescribed means prescribed by the regulations. ( Version anglaise seulement )
College of Immigration and Citizenship Consultants Act — C-33.6
privileged means subject to a privilege under the law of evidence, litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries. ( protégé )
College of Immigration and Citizenship Consultants Act — C-33.6
Registrar means the Registrar of the College appointed under section 30 . ( registraire )
College of Immigration and Citizenship Consultants Act — C-33.6 3
Designation of Minister 3 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.
College of Immigration and Citizenship Consultants Act — C-33.6 4
Purpose 4 The purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public, including by (a) establishing and administering qualification standards, standards of practice and continuing education requirements for licensees; (a.1) establishing and providing training and development programs for licensees; (b) ensuring compliance with the code of professional conduct; and (c) undertaking public awareness activities. 2019, c. 29, s. 292 “4” 2023, c. 26, s. 287
College of Immigration and Citizenship Consultants Act — C-33.6 5
Head office 5 The College’s head office is to be at the place in Canada that is designated in the College’s by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 6
Capacity 6 (1) In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person. Extraterritorial capacity (2) For greater certainty, the College may exercise the rights, powers and privileges referred to in subsection (1) in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.
College of Immigration and Citizenship Consultants Act — C-33.6 7
Status 7 The College is not an agent of Her Majesty in right of Canada, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees and agents and mandataries of the College are not part of the federal public administration.
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Canada Not-for-profit Corporations Act 8 The Canada Not-for-profit Corporations Act does not apply to the College.
College of Immigration and Citizenship Consultants Act — C-33.6 9
Official Languages Act 9 The Official Languages Act applies to the College.
College of Immigration and Citizenship Consultants Act — C-33.6 10
Members 10 The members of the College are the licensees.
College of Immigration and Citizenship Consultants Act — C-33.6 11
Annual general meeting 11 The College must hold an annual general meeting of members within six months after the end of each of its fiscal years, at a time and place in Canada fixed by the Board.
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Notice 12 The College must give members notice of the time and place of the annual general meeting in accordance with the by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 13
Compensation fund 13 The College must establish a fund to compensate persons who have been adversely affected by the conduct or activities of a licensee.
College of Immigration and Citizenship Consultants Act — C-33.6 14
Public records 14 (1) The College must prepare and maintain, at its head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that contain (a) its by-laws, and amendments to them; (b) the minutes of the Board’s public meetings; (c) a register of directors; (d) a register of officers; and (e) its audited annual financial statements as approved by the Board. Accounting records and financial statements (2) The College must prepare and maintain adequate accounting records and annual financial statements. Retention period (3) Subject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board.
College of Immigration and Citizenship Consultants Act — C-33.6 15
Annual report 15 (1) The College must submit to the Minister, within 120 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year. Tabling report (2) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it. 2019, c. 29, s. 292 “15” 2023, c. 26, s. 288
College of Immigration and Citizenship Consultants Act — C-33.6 16
Duties and powers of Board 16 (1) The Board must manage, or supervise the management of, the College’s activities and affairs and may, for those purposes, exercise all of the powers conferred on the College under this Act. Delegation (2) The Board may delegate any of the powers, duties and functions conferred on it under this Act, except the powers (a) to amend or repeal regulations; (b) to make by-laws; and (c) to approve audited annual financial statements.
College of Immigration and Citizenship Consultants Act — C-33.6 17
Composition 17 (1) The College has a board of directors composed of at least seven directors, including the Chairperson. Order fixing number of directors (2) The Minister may, by order, fix the number of directors. Appointed directors (3) Subject to subsection (4), the Minister may, by order, fix the number of directors that are to be appointed to the Board and appoint those directors. Maximum number of appointed directors (4) The number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board. Elected directors (5) The remaining directors are to be licensees elected in accordance with the by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 18
Mailing address 18 Each director must provide the College with their mailing address and with notice of any change in that address.
College of Immigration and Citizenship Consultants Act — C-33.6 19
Term 19 (1) Each director is to be appointed or elected for a term of not more than three years, and may be reappointed or — subject to the by-laws — re-elected for subsequent terms of not more than three years each. Determination of term (2) The length of a director’s term is to be (a) set out by the Minister in the order appointing the director, if the director is appointed; or (b) determined in accordance with the by-laws, if the director is elected. Staggered terms (3) For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day. Continuation in office — appointed directors (4) Despite subsection (1) and subject to section 23 , an appointed director continues to hold office until they are reappointed or their successor is appointed.
College of Immigration and Citizenship Consultants Act — C-33.6 20
Ineligibility 20 An individual is not eligible to be appointed or elected as a director if they (a) are less than 18 years of age; (b) are neither a Canadian citizen nor a permanent resident , as defined in subsection 2(1) of the Immigration and Refugee Protection Act ; (c) have the status of bankrupt; (d) in the case of an appointment to the Board, (i) are a licensee, or (ii) are employed in any capacity in the federal public administration; (e) in the case of election to the Board, have a licence that is suspended; or (f) are ineligible under any other criteria set out in the regulations.