GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 26
Additional fiscal equalization offset payments for the 2012-2020 period 26 (1) For any fiscal year between April 1, 2012 and March 31, 2020, the Minister shall make additional fiscal equalization offset payments to the Province, determined in accordance with the formula set out in section 22, if (a) the Province qualified for a fiscal equalization payment in either of the 2010-2011 or 2011-2012 fiscal years; (b) the Province’s per capita debt servicing charges as of March 31, 2012 were not lower than those of at least four other provinces; and (c) the Province receives a fiscal equalization payment for that fiscal year. Determination of per capita debt servicing charge (2) For the purpose of paragraph (1)(b), “per capita debt servicing charges” as of March 31, 2012, means the amount determined by the Minister in accordance with the formula (A - B - C + D) / E where A is the total of a province’s debt servicing charges for the 2011-2012 fiscal year, based on figures published in the fully consolidated audited financial statements presented on a full accrual basis of accounting in the province’s Public Accounts for the 2011-2012 fiscal year, with any necessary adjustments, as required, to include all of the debt charges related to unfunded pension liabilities, post-employment benefits and debt charges of government organizations and entities whose inclusion would be consistent with the accounting principles of full consolidation; B is the portion of A, if any, related to borrowings made by a province on behalf of self-supporting government business enterprises that are not dependent on transfers, grants or other direct funding from the province to fund their day-to-day operations or debt repayments; C is the portion of A, if any, related to borrowings made by a province on behalf of municipalities that are not in default on their interest payment obligations to the province; D is the total of a province’s debt servicing charges for the 2011-2012 fiscal year related to borrowings made by the province on behalf of municipalities that are in default on their interest payment obligations to the province, if these are not already included in A; and E is the total population of a province on July 1, 2011 based on the latest Statistics Canada official estimates available as soon as all provinces have released their Public Accounts for the 2011-2012 fiscal year.
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 27
Restriction 27 For greater certainty, if the Province does not meet the conditions set out in paragraphs 26(1)(a) and (b), it will not receive the additional fiscal equalization offset payment provided for in section 26 for any of the fiscal years between April 1, 2012 and March 31, 2020.
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 28
Transitional payments for the 2012-2020 period 28 (1) If for any fiscal year between April 1, 2012 and March 31, 2020 the Province does not receive an additional fiscal equalization offset payment but it received an additional fiscal equalization offset payment for the previous fiscal year, the Minister shall, for that fiscal year, pay to the Province a transitional payment equal to two thirds of the additional fiscal equalization offset payment it received for the previous fiscal year. Transitional payments for 2012-2020 period (2) If for any fiscal year between April 1, 2012 and March 31, 2020 the Province does not receive an additional fiscal equalization offset payment and did not receive an additional fiscal equalization offset payment for the previous fiscal year, but received an additional fiscal equalization offset payment for the fiscal year two years before that fiscal year, the Minister shall, for that fiscal year, pay to the Province a transitional payment equal to one third of the additional fiscal equalization offset payment it received for the fiscal year two years before that fiscal year.
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 29
Review of the Canada–Newfoundland and Labrador Arrangement 29 On or before March 31, 2019, the Minister, on behalf of the Government of Canada, and the minister designated by the Province for the purpose will review the Canada–Newfoundland and Labrador Arrangement, in accordance with clause 8 of that Arrangement.
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 30
Discussions 30 The Government of Canada shall enter into discussions with the Province if requested to do so by the Province under the terms of clause 9 of the Canada–Newfoundland and Labrador Arrangement.
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 31
Determination 31 A determination, for any fiscal year, of the additional fiscal equalization offset payment for the Province and for any other calculation that is necessary to be made for the purposes of this Part shall be made by the Minister at the same time as the final computation of the amount, if any, of the fiscal equalization payment that is payable to the Province is made for that fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act .
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 32
Appropriation 32 The amounts authorized to be paid under this Act shall be paid out of the Consolidated Revenue Fund by the Minister at the time and in the manner, subject to section 33, that the Minister considers appropriate.
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act — N-27.5 33
Regulations 33 (1) The Governor in Council may make regulations, on the recommendation of the Minister, (a) prescribing the time and manner of making any payments under this Act; (b) respecting the determination of the amount referred to in subsection 12(2); (c) respecting the determination of any matter that under this Act is to be determined by the Minister; and (d) prescribing anything that is required or authorized to be prescribed by this Act. Approval of the minister designated by the Province (2) The Minister may recommend the making of a regulation under paragraph (1)(b) only after receipt by the Minister of the approval of the proposed regulation from the minister designated by the Province for that purpose.
Nuclear Fuel Waste Act — N-27.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Nuclear Fuel Waste Act — N-27.7 1
Short title 1 This Act may be cited as the Nuclear Fuel Waste Act .
Nuclear Fuel Waste Act — N-27.7 2
Definitions 2 The following definitions apply in this Act. economic region means an economic region described by Statistics Canada in its Guide to the Labour Force Survey , published on January 31, 2000. ( région économique ) management , in relation to nuclear fuel waste, means long-term management by means of storage or disposal, including handling, treatment, conditioning or transport for the purpose of storage or disposal. ( gestion ) Minister means the Minister of Natural Resources or such member of the Queen’s Privy Council for Canada as the Governor in Council may designate as the Minister for the purposes of this Act. ( ministre ) nuclear energy corporation means (a) Ontario Power Generation Inc., Hydro-Québec, New Brunswick Power Corporation, and any other body that owns nuclear fuel waste resulting from the production of electricity by means of a commercial nuclear reactor; (b) any successor or assignee of a corporation mentioned in paragraph (a); and (c) any assignee of Atomic Energy of Canada Limited, being the company incorporated or acquired pursuant to subsection 10(2) of the Atomic Energy Control Act , chapter A-19 of the Revised Statutes of Canada, 1970. ( sociétés d’énergie nucléaire ) nuclear fuel waste means irradiated fuel bundles removed from a commercial or research nuclear fission reactor. ( déchets nucléaires ) prime rate means, for any day, the rate of interest charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the day falls. ( taux de base ) waste management organization means the corporation established under section 6, regardless of the actual name of that corporation. ( société de gestion )
Nuclear Fuel Waste Act — N-27.7
economic region means an economic region described by Statistics Canada in its Guide to the Labour Force Survey , published on January 31, 2000. ( région économique )
Nuclear Fuel Waste Act — N-27.7
management , in relation to nuclear fuel waste, means long-term management by means of storage or disposal, including handling, treatment, conditioning or transport for the purpose of storage or disposal. ( gestion )
Nuclear Fuel Waste Act — N-27.7
Minister means the Minister of Natural Resources or such member of the Queen’s Privy Council for Canada as the Governor in Council may designate as the Minister for the purposes of this Act. ( ministre )
Nuclear Fuel Waste Act — N-27.7 (a)
nuclear energy corporation means (a) Ontario Power Generation Inc., Hydro-Québec, New Brunswick Power Corporation, and any other body that owns nuclear fuel waste resulting from the production of electricity by means of a commercial nuclear reactor; (b) any successor or assignee of a corporation mentioned in paragraph (a); and (c) any assignee of Atomic Energy of Canada Limited, being the company incorporated or acquired pursuant to subsection 10(2) of the Atomic Energy Control Act , chapter A-19 of the Revised Statutes of Canada, 1970. ( sociétés d’énergie nucléaire )
Nuclear Fuel Waste Act — N-27.7
nuclear fuel waste means irradiated fuel bundles removed from a commercial or research nuclear fission reactor. ( déchets nucléaires )
Nuclear Fuel Waste Act — N-27.7
prime rate means, for any day, the rate of interest charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the day falls. ( taux de base )
Nuclear Fuel Waste Act — N-27.7
waste management organization means the corporation established under section 6, regardless of the actual name of that corporation. ( société de gestion )
Nuclear Fuel Waste Act — N-27.7 3
Comprehensive, integrated and economically sound approach 3 The purpose of this Act is to provide a framework to enable the Governor in Council to make, from the proposals of the waste management organization, a decision on the management of nuclear fuel waste that is based on a comprehensive, integrated and economically sound approach for Canada.
Nuclear Fuel Waste Act — N-27.7 4
Binding on Her Majesty 4 This Act is binding on Her Majesty in right of Canada or a province.
Nuclear Fuel Waste Act — N-27.7 5
Application to nuclear energy corporations and AECL 5 This Act applies to a nuclear energy corporation and to Atomic Energy of Canada Limited only if it is the owner of nuclear fuel waste.
Nuclear Fuel Waste Act — N-27.7 6
Incorporation and purpose 6 (1) The nuclear energy corporations shall establish a corporation, in this Act referred to as the waste management organization, whose purpose under this Act is to do the following on a non-profit basis: (a) propose to the Government of Canada approaches for the management of nuclear fuel waste; and (b) implement the approach that is selected under section 15 or is approved under subsection 20(5). Participation in waste management organization (2) Once the waste management organization has been established, every nuclear energy corporation shall become and remain a member or shareholder of it. Not an agent of Her Majesty (3) For all purposes the waste management organization is not an agent of Her Majesty in right of Canada.
Nuclear Fuel Waste Act — N-27.7 7
Duty toward other owners of nuclear fuel waste 7 The waste management organization shall offer, without discrimination and at a fee that is reasonable in relation to its costs of managing the nuclear fuel waste of its members or shareholders, to (a) Atomic Energy of Canada Limited, and (b) all owners of nuclear fuel waste produced in Canada that are neither members nor shareholders of the waste management organization its nuclear fuel waste management services that are set out in the approach that the Governor in Council selects under section 15 or approves under subsection 20(5).
Nuclear Fuel Waste Act — N-27.7 8
Advisory Council 8 (1) The waste management organization shall create an Advisory Council, which shall (a) examine the study referred to in subsection 12(1) and the triennial reports referred to in section 18 that are to be submitted to the Minister; and (b) give written comments on that study and those reports to the waste management organization. Representation on Advisory Council (2) The members of the Advisory Council shall be appointed by the governing body of the waste management organization. The governing body shall make all reasonable efforts to ensure that the Advisory Council’s membership (a) reflects a broad range of scientific and technical disciplines related to the management of nuclear fuel waste; (b) reflects expertise, in matters of nuclear energy, (i) in public affairs, and (ii) as needed, in other social sciences; (b.1) reflects expertise in traditional aboriginal knowledge; and (c) includes representatives nominated by local and regional governments and aboriginal organizations that are affected because their economic region is specified for the approach that the Governor in Council selects under section 15 or approves under subsection 20(5).
Nuclear Fuel Waste Act — N-27.7 9
Trust funds 9 (1) Each nuclear energy corporation and Atomic Energy of Canada Limited shall maintain in Canada, either individually or jointly with one or more of the other nuclear energy corporations or Atomic Energy of Canada Limited, one trust fund with a financial institution incorporated or formed by or under an Act of Parliament or of the legislature of a province, except, in the case of a nuclear energy corporation, a financial institution in relation to which the nuclear energy corporation beneficially owns, directly or indirectly, more than ten per cent of the outstanding shares of any given class of shares. Documents relating to trust funds (2) The financial institution that holds a trust fund referred to in this section shall maintain in Canada all documents relating to that trust fund.
Nuclear Fuel Waste Act — N-27.7 10
Initial deposit to trust funds 10 (1) Each body mentioned in this subsection shall, either directly or through a third party, no later than 10 days after the day on which this Act comes into force, deposit to its trust fund maintained under subsection 9(1) the following respective amounts: (a) Ontario Power Generation Inc., $500,000,000; (b) Hydro-Québec, $20,000,000; (c) New Brunswick Power Corporation, $20,000,000; and (d) Atomic Energy of Canada Limited, $10,000,000. Subsequent deposits to trust funds (2) Each body mentioned in this subsection shall in each year, either directly or through a third party, no later than the anniversary of the day on which this Act comes into force, deposit to its trust fund maintained under subsection 9(1) the following respective amounts: (a) Ontario Power Generation Inc., $100,000,000; (b) Hydro-Québec, $4,000,000; (c) New Brunswick Power Corporation, $4,000,000; and (d) Atomic Energy of Canada Limited, $2,000,000. When obligation ceases to apply (3) Subsection (2) ceases to apply on the day on which the Minister approves the amount of the deposit under paragraph 16(3)(a). Calculation of interest (4) Interest accumulates on any portion of a deposit not paid by the day referred to in subsection (1) or (2), at the prime rate plus two per cent, calculated daily from the day referred to in subsection (1) or (2), as the case may be, to the day before the day of the deposit. Latest date for deposit (5) Each body mentioned in subsection (1) or (2) shall, either directly or through a third party, deposit to its trust fund maintained under subsection 9(1), no later than 30 days after the date of the decision of the Governor in Council under section 15, the applicable amount referred to in subsection (1) or (2) plus an amount, if any, equal to the interest.
Nuclear Fuel Waste Act — N-27.7 11
Withdrawals from trust funds 11 (1) Only the waste management organization may withdraw moneys from a trust fund maintained under subsection 9(1). Condition for withdrawals (2) The waste management organization may make withdrawals only for the purpose of implementing the approach that the Governor in Council selects under section 15 or approves under subsection 20(5), including avoiding or minimizing significant socio-economic effects on a community’s way of life or on its social, cultural or economic aspirations. First withdrawal (3) The waste management organization may make the first withdrawal only for an activity in respect of which a construction or operating licence has, after the date of the decision of the Governor in Council under section 15, been issued under section 24 of the Nuclear Safety and Control Act . Ministerial approval (4) If the Minister is of the view that the waste management organization has withdrawn moneys from a trust fund contrary to subsection (2) or (3), the Minister may require the Minister’s prior approval in respect of any future withdrawal from a trust fund by the waste management organization.
Nuclear Fuel Waste Act — N-27.7 12
Study within three years 12 (1) Within three years after the coming into force of this Act, the waste management organization shall submit to the Minister a study setting out (a) its proposed approaches for the management of nuclear fuel waste, along with the comments of the Advisory Council on those approaches; and (b) its recommendation as to which of its proposed approaches should be adopted. Methods to manage nuclear fuel waste (2) Each of the following methods must be the sole basis of at least one approach: (a) deep geological disposal in the Canadian Shield, based on the concept described by Atomic Energy of Canada Limited in the Environmental Impact Statement on the Concept for Disposal of Canada’s Nuclear Fuel Waste and taking into account the views of the environmental assessment panel set out in the Report of the Nuclear Fuel Waste Management and Disposal Concept Environmental Assessment Panel dated February 1998; (b) storage at nuclear reactor sites; and (c) centralized storage, either above or below ground. Technical description, region (3) The study must include a detailed technical description of each proposed approach and must specify an economic region for its implementation. Comparison of risks, etc. (4) Each proposed approach must include a comparison of the benefits, risks and costs of that approach with those of the other approaches, taking into account the economic region in which that approach would be implemented, as well as ethical, social and economic considerations associated with that approach. Services to certain owners of waste (5) Each proposed approach must include a description of the nuclear fuel waste management services to be offered by the waste management organization under section 7. Implementation plan (6) Each proposed approach must include an implementation plan setting out, as a minimum, (a) a description of activities; (b) a timetable for carrying out the approach; (c) the means that the waste management organization plans to use to avoid or minimize significant socio-economic effects on a community’s way of life or on its social, cultural or economic aspirations; and (d) a program for public consultation. Consultation (7) The waste management organization shall consult the general public, and in particular aboriginal peoples, on each of the proposed approaches. The study must include a summary of the comments received by the waste management organization as a result of those consultations.
Nuclear Fuel Waste Act — N-27.7 13
Financial aspects 13 (1) The study must set out, with respect to each proposed approach, a formula to calculate the annual amount required to finance the management of nuclear fuel waste. The report must explain the assumptions behind each term of the formula. The formula must include the following terms: (a) the estimated total cost of management of nuclear fuel waste, which must take into account natural or other events that have a reasonable probability of occurring; (b) the estimated rate of return on the trust funds maintained under subsection 9(1); (c) the life expectancy of the nuclear reactors of each nuclear energy corporation and of Atomic Energy of Canada Limited; and (d) the estimated amounts to be received from owners of nuclear fuel waste, other than nuclear energy corporations and Atomic Energy of Canada Limited, in return for services of management of nuclear fuel waste. Respective percentages (2) The study must set out, with respect to each proposed approach, the respective percentage of the estimated total cost of management of nuclear fuel waste that is to be paid by each nuclear energy corporation and Atomic Energy of Canada Limited, and an explanation of how those respective percentages were determined. Financial guarantees (3) The study must set out the form and amount of any financial guarantees for the management of nuclear fuel waste that have been provided by the nuclear energy corporations and Atomic Energy of Canada Limited under the Nuclear Safety and Control Act .
Nuclear Fuel Waste Act — N-27.7 14
Minister may consult public 14 (1) The Minister may engage in such consultations with the general public on the approaches set out in the study as the Minister considers necessary. Revision of study (2) If the Minister is of the opinion that the study fails in a significant way to meet the requirements of sections 12 and 13, the Minister shall direct the waste management organization to revise the relevant portions of it and submit the revised study to the Minister within the period that the Minister specifies.
Nuclear Fuel Waste Act — N-27.7 15
Decision of Governor in Council 15 The Governor in Council, on the recommendation of the Minister, shall select one of the approaches for the management of nuclear fuel waste from among those set out in the study, and the decision of the Governor in Council shall be published in the Canada Gazette .