GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patented Medicine Prices Review Board Rules of Practice and Procedure — 23
Purpose 23 (1) The parties must appear before the Board at the date, time and place fixed by the Board for a pre-hearing conference for the purpose of (a) identifying or circumscribing the issues; (b) allowing the Board to receive and consider representations referred to in subsection 86(1) of the Act and determine whether the hearing will be held in private; and (c) resolving any other issue that may facilitate the conduct of the hearing. Teleconference or written submissions (2) The Board may direct that issues referred to in subsection (1) be addressed during a teleconference with the parties or in written submissions to be filed with the Secretary in any manner that the Board may determine. Filing and content of written submissions (3) The Board may require any party who participates in the pre-hearing conference to file and serve, at any time before or during the pre-hearing conference and in any manner that the Board may determine, a written submission setting out any information that the Board considers necessary to expedite the proceeding, including a concise statement of any procedural issues or questions on the merits that the party intends to raise at the hearing. Postponement, suspension or adjournment (4) The Board may, if necessary, postpone, suspend or adjourn and may reconvene a pre-hearing conference on any conditions that the Board considers appropriate.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 24
Issuance of subpoena 24 (1) In any proceeding, the Board may, on its own motion or on motion by a party, issue a subpoena for the attendance of witnesses and for the production or inspection of documents. Reasons for subpoena (2) If a party applies to the Board for a subpoena, the party must provide reasons in support of the issuance of the subpoena and must identify the person and documents or information to be named in the subpoena and their relevance to the proceeding. Subpoena signed and issued (3) A subpoena that is issued by the Board must be signed by the Secretary and served by the Board or the party who applied for the subpoena, as the case may be, by personal service in accordance with Rule 11 on the person summoned to appear before the Board, at least five days before the day fixed for that person’s appearance.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 25
Notice of motion 25 (1) Interlocutory matters must be commenced by notice of motion. Content of notice of motion (2) A notice of motion must (a) set out the relief sought, the grounds for the motion and the official language or languages that the moving party wishes to use at the hearing of the motion; (b) be accompanied by an affidavit that sets out the facts on which the motion is based that do not appear on the record of the proceeding; (c) be accompanied by written submissions that set out a summary of the points at issue, a concise statement of submissions, a concise statement of the order sought and a list of authorities to be referred to; and (d) be signed and dated by the moving party. Filing requirements (3) The moving party must file the notice of motion and accompanying memorandum and affidavit with the Board and must serve a copy of each of them on each party in accordance with Rule 10. Hearing date (4) The date fixed for the hearing of a motion must not be earlier than two days after the date of service of the documents referred to in subsection (3).
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Testimony by affidavit 26 (1) Subject to subsection (2), the testimony before the Board on a motion in an interlocutory matter must be by affidavit. Oral testimony and cross-examination (2) The Board, before or during the hearing of a motion on an interlocutory matter, may grant leave for (a) a witness to give testimony orally in relation to any points at issues raised in the motion; and (b) the cross-examination of any person making an affidavit.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 27
Pre-hearing conference 27 (1) If a pre-hearing conference is held under Rule 23, any motion for interlocutory relief must be made at that pre-hearing conference. Motion to be heard by Board (2) If no pre-hearing conference is held, or the pre-hearing conference has ended before the filing of a notice of motion, any motion on an interlocutory matter must be heard by the Board at a date, time and place that is fixed by the Board.
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Location of hearings 28 Hearings must be held at the principal office of the Board.
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Postponement, suspension or adjournment 29 (1) The Board may, if necessary, postpone, suspend or adjourn and reconvene a hearing. Notice of postponement (2) If the Board postpones a hearing, it must give notice of the postponement to the parties as soon as possible.
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Written submissions 30 The Board may direct that written submissions be presented by the parties in addition to or instead of oral representations and may give any directions with respect to time limits relating to those submissions that it considers appropriate.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 31
New hearing 31 The Board may reconvene a hearing in order to receive further evidence relating to the subject-matter of the original hearing or may rehear any matter in whole or in part before giving any direction or making any decision or order relating to the hearing.
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Form of directions, decisions and orders 32 The Board may give directions, issue decisions and make orders in any form that it considers appropriate.
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Written reasons 33 (1) If the Board makes an order under the Act, it must issue written reasons for the order, if possible within 180 days after the completion of the hearing on the merits. Publication (2) Every order of the Board under the Act must be published in the Canada Gazette and may also be published in any other publication that the Chairperson designates.
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Effective date 34 The effective date of any direction, decision or order of the Board is the date on which it is given, issued or made, unless the Board specifies a later date.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 35
Technical irregularities and procedural directions, decisions and orders 35 The Board may (a) vary or rescind any procedural direction, decision or order given, issued or made under these Rules; and (b) correct a technical irregularity in any direction, decision or order given, issued or made by the Board.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 36
Registration 36 These Rules come into force on the day on which they are registered.
Patented Medicine Prices Review Board Rules of Practice and Procedure — (a)
I, ( name ), resident in ( city ), in the ( province/territory ) of ( name of province or territory ) declare that (a) I have been retained by ( name of party/parties ) to provide evidence in the matter ( style of cause ); (b) it is my duty to provide evidence in relation to this proceeding as follows: (i) to provide opinion evidence that is impartial, (ii) to provide opinion evidence that is related only to matters that are within my area of expertise, and (iii) to provide any additional assistance that the Board may reasonably require to determine a matter at issue. (c) I acknowledge that the duties referred to above take precedence over any obligation which I may owe to any party by whom or on whose behalf I am engaged.
Patented Medicine Prices Review Board Rules of Practice and Procedure — (a)
(a) I have been retained by ( name of party/parties ) to provide evidence in the matter ( style of cause );
Patented Medicine Prices Review Board Rules of Practice and Procedure — (b)
(b) it is my duty to provide evidence in relation to this proceeding as follows: (i) to provide opinion evidence that is impartial, (ii) to provide opinion evidence that is related only to matters that are within my area of expertise, and (iii) to provide any additional assistance that the Board may reasonably require to determine a matter at issue.
Patented Medicine Prices Review Board Rules of Practice and Procedure — (i)
(i) to provide opinion evidence that is impartial,
Patented Medicine Prices Review Board Rules of Practice and Procedure — (ii)
(ii) to provide opinion evidence that is related only to matters that are within my area of expertise, and
Patented Medicine Prices Review Board Rules of Practice and Procedure — (iii)
(iii) to provide any additional assistance that the Board may reasonably require to determine a matter at issue.
Patented Medicine Prices Review Board Rules of Practice and Procedure — (c)
(c) I acknowledge that the duties referred to above take precedence over any obligation which I may owe to any party by whom or on whose behalf I am engaged.
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
Dated at ( place and province or territory ) this ( date ) day of ( month ), ( year ).
Allocation Method Order (2013) — Softwood Lumber Products — a
The Minister of Foreign Affairs, pursuant to paragraph 6.3(3)(a) a of the Export and Import Permits Act b , makes the annexed Allocation Method Order (2013) — Softwood Lumber Products . a S.C. 2006, c. 13, s. 111 b R.S., c. E-19
Allocation Method Order (2013) — Softwood Lumber Products — 1
Definitions 1 The following definitions apply in this Order. Act means the Export and Import Permits Act . ( Loi ) exported has the meaning assigned by section 6.4 of the Act. ( exporté ) Manitoba quantity means the quantity of softwood lumber products that may be exported from Manitoba to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour le Manitoba ) Ontario quantity means the quantity of softwood lumber products that may be exported from Ontario to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour l’Ontario ) primary producer means a person who produces softwood lumber products from softwood sawlogs and, in the case of Quebec, includes a person who produces Quebec softwood lumber products from softwood sawlogs. ( entreprise de première transformation ) primary producer’s products means the softwood lumber products that are produced by a primary producer and that are not remanufactured in Canada. ( produits d’une entreprise de première transformation ) Quebec quantity means the quantity of softwood lumber products that may be exported from Quebec to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour le Québec ) Quebec softwood lumber products means the softwood lumber products produced in Quebec that were reported to the Minister of Natural Resources and Wildlife under the Forest Act , R.S.Q., c. F-4.1. ( produits de bois d’œuvre du Québec ) reference period means the period beginning on November 1, 2009 and ending on October 31, 2012. ( période de référence ) remanufacturer means a person who remanufactures — within the meaning of subsection 13(1) of the Softwood Lumber Products Export Charge Act, 2006 — softwood lumber products. ( entreprise de seconde transformation ) remanufacturer’s products means the softwood lumber products that are remanufactured by a remanufacturer and that are not further remanufactured in Canada. ( produits d’une entreprise de seconde transformation ) Saskatchewan quantity means the quantity of softwood lumber products that may be exported from Saskatchewan to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour la Saskatchewan ) softwood lumber products means the products referred to in item 5104 of Group 5 of the schedule to the Export Control List . ( produits de bois d’oeuvre )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
Act means the Export and Import Permits Act . ( Loi )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
exported has the meaning assigned by section 6.4 of the Act. ( exporté )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
Manitoba quantity means the quantity of softwood lumber products that may be exported from Manitoba to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour le Manitoba )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
Ontario quantity means the quantity of softwood lumber products that may be exported from Ontario to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour l’Ontario )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
primary producer means a person who produces softwood lumber products from softwood sawlogs and, in the case of Quebec, includes a person who produces Quebec softwood lumber products from softwood sawlogs. ( entreprise de première transformation )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
primary producer’s products means the softwood lumber products that are produced by a primary producer and that are not remanufactured in Canada. ( produits d’une entreprise de première transformation )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
Quebec quantity means the quantity of softwood lumber products that may be exported from Quebec to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour le Québec )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
Quebec softwood lumber products means the softwood lumber products produced in Quebec that were reported to the Minister of Natural Resources and Wildlife under the Forest Act , R.S.Q., c. F-4.1. ( produits de bois d’œuvre du Québec )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
reference period means the period beginning on November 1, 2009 and ending on October 31, 2012. ( période de référence )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
remanufacturer means a person who remanufactures — within the meaning of subsection 13(1) of the Softwood Lumber Products Export Charge Act, 2006 — softwood lumber products. ( entreprise de seconde transformation )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
remanufacturer’s products means the softwood lumber products that are remanufactured by a remanufacturer and that are not further remanufactured in Canada. ( produits d’une entreprise de seconde transformation )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
Saskatchewan quantity means the quantity of softwood lumber products that may be exported from Saskatchewan to the United States during a month under subsection 6.3(2) of the Act. ( quantité pour la Saskatchewan )
Allocation Method Order (2013) — Softwood Lumber Products — Allocation Method Order (2013) — Softwood Lumber Products
softwood lumber products means the products referred to in item 5104 of Group 5 of the schedule to the Export Control List . ( produits de bois d’oeuvre )
Allocation Method Order (2013) — Softwood Lumber Products — 2
Application 2 This Order establishes the method for allocating the quantity of softwood lumber products that may be exported during a month from each of Ontario, Quebec, Manitoba and Saskatchewan in 2013 for the purpose of paragraph 6.3(3)(a) of the Act.
Allocation Method Order (2013) — Softwood Lumber Products — 3
Relinquishing export allocation 3 For the purposes of this Order, a primary producer or remanufacturer relinquishes its export allocation for 2013 by so informing the Minister in writing by December 10, 2012.
Allocation Method Order (2013) — Softwood Lumber Products — 4
Transfer of export allocation 4 When a primary producer or remanufacturer transfers, with the consent of the Minister under subsection 6.3(4) of the Act, a portion of the export allocation issued to it by the Minister for a month, that portion is deemed to be included in the volume of the primary producer’s or remanufacturer’s products that were exported in that month to the United States under export permits and not in the volume of the transferee, if (a) the portion transferred includes a corresponding volume of products; or (b) the total of the portion that is transferred during the month and that does not include products does not exceed 15% of the volume of the primary producer’s or remanufacturer’s export allocation for that month.
Allocation Method Order (2013) — Softwood Lumber Products — 5
Determination of allocation 5 The allocation of the Ontario quantity to a primary producer or remanufacturer who applies for an export allocation is determined by the formula OQ x [(EO/TEO) × 97%] where OQ is the Ontario quantity; EO is the volume of the primary producer’s or remanufacturer’s products that were exported from Ontario to the United States under export permits during the reference period; and TEO is the total volume of primary producers’ and remanufacturers’ products that were exported from Ontario to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2013.
Allocation Method Order (2013) — Softwood Lumber Products — 6
Allocation of remainder 6 (1) Subject to subsection (2), the allocation of the remainder of the Ontario quantity is based on the order of receipt of applications for an export permit for a share of the remainder, with each applicant receiving the volume applied for until the remainder of the Ontario quantity is fully allocated. Exhaustion of monthly allocation (2) An applicant who has received an allocation of the Ontario quantity for a month must exhaust that allocation before applying for an export permit for a share of the remainder, which is to be dealt with in accordance with subsection (1).
Allocation Method Order (2013) — Softwood Lumber Products — 7
Remanufacturers 7 (1) If some or all of a remanufacturer’s products were exported from Quebec to the United States under export permits during the reference period and the remanufacturer applies for an export allocation, the remanufacturer may only receive the allocation of the Quebec quantity determined by the formula in section 8 (which is based on its historic export volume). Primary producers without export history (2) If none of a primary producer’s products were exported from Quebec to the United States under export permits during the reference period and if the primary producer produced Quebec softwood lumber products during the period beginning on January 1, 2009 and ending on December 31, 2011 and it applies for an export allocation, the primary producer may only receive the allocation of the Quebec quantity determined by the formula in subsection 10(1) (which is based on its historic production volume). Primary producers with export history (3) If some or all of a primary producer’s products were exported from Quebec to the United States under export permits during the reference period and the primary producer applies for an export allocation, the primary producer must choose to receive either an allocation of the Quebec quantity determined by the formula in section 12 (which is based on its historic export volume) or the formula in subsection 10(1) (which is based on its historic production volume).
Allocation Method Order (2013) — Softwood Lumber Products — 8
Allocation to remanufacturers 8 (1) Subject to subsection (2), the allocation of the Quebec quantity to a remanufacturer that is based on its historic export volume is determined by the formula QQ × (RE/TEQ) where QQ is the Quebec quantity; RE is the volume of the remanufacturer’s products that were exported from Quebec to the United States under export permits during the reference period; and TEQ is the total volume of primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2013. Minimum of total allocations (2) The sum of the allocations of the Quebec quantity to remanufacturers must be equal to or greater than 7.5% of the Quebec quantity.
Allocation Method Order (2013) — Softwood Lumber Products — 9
Reserve pool 9 The reserve pool is determined by the formula (QQ × TTPE/TEQ – RMQ) × 4% where QQ is the Quebec quantity; TTPE is the total volume of primary producers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers who relinquish their export allocations for 2013; TEQ is the total volume of primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2013; and RMQ is the amount of additional allocations required to meet the minimum 7.5% threshold referred to in subsection 8(2) if the sum of the allocations to all remanufacturers is less than 7.5% of the Quebec quantity.
Allocation Method Order (2013) — Softwood Lumber Products — 10
Allocation to primary producers — historic production volume 10 (1) The allocation of the Quebec quantity to a primary producer that is based on its historic production volume is determined by the formula RP × (PPPV/TPV) where RP is the reserve pool determined under section 9; PPPV is the volume of Quebec softwood lumber products that the primary producer produced during the period beginning on January 1, 2009 and ending on December 31, 2011; and TPV is the total volume of Quebec softwood lumber products produced during that period by primary producers whose allocations are based on their historic production volume. Maximum allocation (2) The allocation referred to in subsection (1) must not exceed 40% of the primary producer’s average monthly volume of Quebec softwood lumber products produced during the period beginning on January 1, 2009 and ending on December 31, 2011. Records of production volume (3) The volume of Quebec softwood lumber products produced by a primary producer is based on records provided, with the consent of the primary producer, by the Government of Quebec to the Government of Canada.
Allocation Method Order (2013) — Softwood Lumber Products — 11
Residual non-allocated quantity 11 The residual non-allocated quantity of the reserve pool is determined by the formula RP – AP where RP is the reserve pool determined under section 9; and AP is the total volume of softwood lumber products allocated to primary producers determined under section 10.