Sub-chunk long sections so their tails become searchable (Phase 4)
Browse filesThe semantic embedder reads only the first 2000 chars of a chunk
(embed.py _MAX_BODY), so the tail of a long section was invisible to
semantic search -- a real blind spot (max section was ~52,000 chars).
ingest.py now splits any section whose rendered text exceeds 2400 chars
into <=1800-char pieces at subsection/line boundaries (folding stub
remnants), so every part lands inside the embed window. Sections at or
below the threshold are emitted unchanged -- same id, same embedding --
so ~90% of legislation chunks are untouched. Each piece keeps the
section number (citations, section-ref pinning and the eval all still
match) and notes "(part k of n)" in its citation. 895 sections split
into 2745 pieces; legislation chunks 9645 -> 11495.
index.py: same-section pieces (ids '-p<k>') now share a diversity-cap
key, so a multi-part provision can't flood the result set with its own
fragments while distinct sections stay uncapped.
155-question eval: Hit@1 0.81 / Hit@3 0.94 / Hit@5 0.98 / Hit@10 0.99 /
MRR 0.86 -> 0.88 -- best of the session; Hit@1, Hit@3 and MRR each +0.02
vs pre-split, no regression, and a long-standing miss (Khosa) now
passes. The deferred Phase 3 item, now shipped and eval-gated. 52 tests
pass (+1 piece-capping).
Co-Authored-By: Claude Opus 4.7 <noreply@anthropic.com>
- canlex/index.py +12 -1
- canlex/ingest.py +52 -5
- data/processed/A-8.8.json +225 -187
- data/processed/C-1.4.json +0 -0
- data/processed/C-24.5.json +0 -0
- data/processed/C-29.json +0 -0
- data/processed/C-38.8.json +0 -0
- data/processed/C-46.json +0 -0
- data/processed/C-52.6.json +0 -0
- data/processed/C-54.011.json +0 -0
- data/processed/C.R.C.,_c._1041.json +0 -0
- data/processed/C.R.C.,_c._296.json +0 -0
- data/processed/C.R.C.,_c._870.json +0 -0
- data/processed/E-19.json +0 -0
- data/processed/F-11.6.json +0 -0
- data/processed/F-27.json +0 -0
- data/processed/H-3.3.json +0 -0
- data/processed/I-2.5.json +0 -0
- data/processed/L-2.json +0 -0
- data/processed/P-14.8.json +0 -0
- data/processed/P-21.json +0 -0
- data/processed/P-24.501.json +0 -0
- data/processed/P-33.01.json +0 -0
- data/processed/P-33.3.json +0 -0
- data/processed/P-33.35.json +168 -168
- data/processed/P-36.json +0 -0
- data/processed/Q-1.1.json +0 -0
- data/processed/S-15.json +0 -0
- data/processed/S-6.9.json +48 -48
- data/processed/S-8.35.json +0 -0
- data/processed/SOR-2000-217.json +0 -0
- data/processed/SOR-2002-227.json +0 -0
- data/processed/SOR-2002-229.json +0 -0
- data/processed/SOR-2002-359.json +0 -0
- data/processed/SOR-2002-412.json +145 -88
- data/processed/SOR-2012-230.json +116 -116
- data/processed/SOR-2012-256.json +0 -0
- data/processed/SOR-2012-257.json +0 -0
- data/processed/SOR-2018-108.json +0 -0
- data/processed/SOR-2018-144.json +0 -0
- data/processed/SOR-95-212.json +0 -0
- data/processed/SOR-97-229.json +12 -12
- data/processed/SOR-97-234.json +139 -120
- tests/test_index.py +12 -0
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@@ -41,6 +41,9 @@ APPENDIX_CAP = 3 # max referenced appendices co-surfaced into a result set
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PRIMARY_DOC_TYPES = frozenset({"legislation", "agreement", "directive", "delegation"})
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_TOKEN = re.compile(r"[a-z0-9]+")
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_SECTION_REF = re.compile(r"\bs(?:ec(?:tion)?)?s?\.?\s*(\d+(?:\.\d+)?)")
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# A cross-reference to another provision -- "section 34", "subsection 25(1)",
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# "paragraph 36(1)(a)", "s. 34" -- capturing the top-level section number.
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@@ -317,9 +320,17 @@ class LegislationIndex:
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would starve a detailed benefits query. They are not in
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PRIMARY_DOC_TYPES, though -- they are guidance, not governing
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instruments, so _ensure_primary does not pull them in as if they were
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enacted law.
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c = self.chunks[idx]
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doc_type = c.get("doc_type", "legislation")
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if doc_type in PRIMARY_DOC_TYPES or doc_type == "benefits":
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return None
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if doc_type == "memorandum":
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PRIMARY_DOC_TYPES = frozenset({"legislation", "agreement", "directive", "delegation"})
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_TOKEN = re.compile(r"[a-z0-9]+")
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+
# A chunk id ending '-p<k>' marks one embeddable piece of a long section that
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# ingest.py split (see _split_text); same-section pieces are capped together.
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+
_PIECE_ID = re.compile(r"-p\d+$")
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_SECTION_REF = re.compile(r"\bs(?:ec(?:tion)?)?s?\.?\s*(\d+(?:\.\d+)?)")
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# A cross-reference to another provision -- "section 34", "subsection 25(1)",
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# "paragraph 36(1)(a)", "s. 34" -- capturing the top-level section number.
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would starve a detailed benefits query. They are not in
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PRIMARY_DOC_TYPES, though -- they are guidance, not governing
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instruments, so _ensure_primary does not pull them in as if they were
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+
enacted law.
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+
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Exception: the pieces of one long section that was split for embedding
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(ids ending '-p<k>') share a key, so the diversity cap stops a single
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multi-part provision from filling the result set with its own
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fragments. Distinct sections keep distinct keys (the section number is
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in the key), so this caps only same-section pieces, not whole Acts."""
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c = self.chunks[idx]
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doc_type = c.get("doc_type", "legislation")
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+
if doc_type == "legislation" and _PIECE_ID.search(c.get("id", "")):
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+
return ("section-piece", c["act_code"], c["section"])
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if doc_type in PRIMARY_DOC_TYPES or doc_type == "benefits":
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return None
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if doc_type == "memorandum":
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@@ -11,6 +11,40 @@ from .config import SOURCES, RAW_DIR, PROCESSED_DIR
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LIMS = "{http://justice.gc.ca/lims}"
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BLOCK_TAGS = {"Subsection", "Paragraph", "Subparagraph", "Clause", "Definition"}
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def _norm(text):
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"""Collapse all whitespace, including en-spaces and NBSP, to single spaces."""
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@@ -140,8 +174,7 @@ def parse_legislation(xml_path, code):
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in_force = el.get(f"{LIMS}inforce-start-date", "")
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status = "repealed" if el.find("Text/Repealed") is not None else "in force"
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-
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-
"id": chunk_id,
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"act_code": code,
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"act_short": src["short"],
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"act_name": src["name"],
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@@ -150,15 +183,29 @@ def parse_legislation(xml_path, code):
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"part": part,
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"division": division,
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"heading": nearest,
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-
"text": body_text,
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"history": _history(el),
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"last_amended": el.get(f"{LIMS}lastAmendedDate", ""),
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"in_force": in_force,
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"status": status,
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"current_to": current_to,
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-
"citation": citation,
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"source_url": source_url,
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-
}
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return chunks
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LIMS = "{http://justice.gc.ca/lims}"
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BLOCK_TAGS = {"Subsection", "Paragraph", "Subparagraph", "Clause", "Definition"}
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+
# The semantic embedder (embed.py) only reads the first _MAX_BODY=2000 chars of
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+
# a chunk, so the tail of a long section is invisible to semantic search. A
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+
# section whose rendered text exceeds _SPLIT_THRESHOLD is therefore emitted as
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# several piece-chunks, each <= _PIECE_TARGET chars (under the embed window) and
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# split on subsection/line boundaries, so every part is embeddable. Sections at
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# or below the threshold are emitted unchanged -- same id, same embedding --
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# which keeps ~90% of legislation chunks (and their retrieval behaviour) intact.
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_SPLIT_THRESHOLD = 2400
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_PIECE_TARGET = 1800
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+
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def _split_text(text, target=_PIECE_TARGET):
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"""Split rendered section text into <=target pieces at line boundaries,
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folding small leading/trailing remnants into a neighbour so no piece is a
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stub. (Mirrors the splitters in benefits.py / caselaw.py.)"""
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if len(text) <= target:
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return [text]
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pieces, buf, size = [], [], 0
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for line in text.split("\n"):
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if size + len(line) > target and buf:
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pieces.append("\n".join(buf))
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buf, size = [], 0
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buf.append(line)
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size += len(line) + 1
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if buf:
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pieces.append("\n".join(buf))
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if len(pieces) > 1 and len(pieces[-1]) < 200:
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pieces[-2] = pieces[-2] + "\n" + pieces[-1]
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pieces.pop()
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if len(pieces) > 1 and len(pieces[0]) < 200:
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pieces[1] = pieces[0] + "\n" + pieces[1]
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pieces.pop(0)
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return pieces
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+
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def _norm(text):
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"""Collapse all whitespace, including en-spaces and NBSP, to single spaces."""
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in_force = el.get(f"{LIMS}inforce-start-date", "")
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status = "repealed" if el.find("Text/Repealed") is not None else "in force"
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base = {
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"act_code": code,
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"act_short": src["short"],
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"act_name": src["name"],
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"part": part,
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"division": division,
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"heading": nearest,
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"history": _history(el),
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"last_amended": el.get(f"{LIMS}lastAmendedDate", ""),
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"in_force": in_force,
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| 189 |
"status": status,
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| 190 |
"current_to": current_to,
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"source_url": source_url,
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+
}
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+
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# Short sections (the large majority) stay one chunk with their
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| 195 |
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# original id and citation -- unchanged embedding and retrieval. Long
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| 196 |
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# ones are split into embeddable pieces; each piece keeps the section
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| 197 |
+
# number (so citation lookups, section-ref pinning and the eval still
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| 198 |
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# match) and notes its part in the citation.
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| 199 |
+
pieces = (_split_text(body_text)
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| 200 |
+
if len(body_text) > _SPLIT_THRESHOLD else [body_text])
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| 201 |
+
n = len(pieces)
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| 202 |
+
for k, piece in enumerate(pieces, start=1):
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| 203 |
+
if n == 1:
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| 204 |
+
chunks.append({**base, "id": chunk_id, "text": piece,
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| 205 |
+
"citation": citation})
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| 206 |
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else:
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| 207 |
+
chunks.append({**base, "id": f"{chunk_id}-p{k}", "text": piece,
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| 208 |
+
"citation": f"{citation} (part {k} of {n})"})
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| 210 |
return chunks
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|
@@ -1,6 +1,5 @@
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[
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{
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-
"id": "A-8.8-s1",
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"act_code": "A-8.8",
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"act_short": "AAAMPA",
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| 6 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
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@@ -9,17 +8,17 @@
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| 9 |
"part": "",
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| 10 |
"division": "",
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| 11 |
"heading": "Short Title",
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| 12 |
-
"text": "1 This Act may be cited as the Agriculture and Agri-Food Administrative Monetary Penalties Act.",
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| 13 |
"history": "",
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| 14 |
"last_amended": "2002-12-31",
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| 15 |
"in_force": "2002-12-31",
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| 16 |
"status": "in force",
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| 17 |
"current_to": "2022-03-22",
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| 18 |
-
"
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-
"
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},
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{
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-
"id": "A-8.8-s2",
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"act_code": "A-8.8",
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"act_short": "AAAMPA",
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| 25 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
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@@ -28,17 +27,17 @@
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| 28 |
"part": "",
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| 29 |
"division": "",
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| 30 |
"heading": "Interpretation",
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| 31 |
-
"text": "2 In this Act,\nagri-food Act means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act; (loi agroalimentaire)\nMinister means the Minister of Agriculture and Agri-Food, except that\n(a) it means the Minister of Health in relation to a violation involving a contravention of\n(i) the Pest Control Products Act, or\n(ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act, and\n(b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act; (ministre)\npenalty means an administrative monetary penalty imposed under this Act for a violation; (sanction)\nprescribed means prescribed by regulation; (Version anglaise seulement)\nTribunal means the Review Tribunal continued by subsection 27(1); (Commission)",
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| 32 |
"history": "1995, c. 40, s. 2; 1997, c. 21, s. 30; 2002, c. 28, s. 82; 2005, c. 38, ss. 30, 145; 2012, c. 24, s. 98; 2015, c. 2, s. 113",
|
| 33 |
"last_amended": "2019-01-15",
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| 34 |
"in_force": "2015-02-27",
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| 35 |
"status": "in force",
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| 36 |
"current_to": "2022-03-22",
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| 37 |
-
"
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| 38 |
-
"
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| 39 |
},
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| 40 |
{
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| 41 |
-
"id": "A-8.8-s3",
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| 42 |
"act_code": "A-8.8",
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| 43 |
"act_short": "AAAMPA",
|
| 44 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
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@@ -47,17 +46,17 @@
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| 47 |
"part": "",
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| 48 |
"division": "",
|
| 49 |
"heading": "Purpose of Act",
|
| 50 |
-
"text": "3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts.",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2002-12-31",
|
| 53 |
"in_force": "2002-12-31",
|
| 54 |
"status": "in force",
|
| 55 |
"current_to": "2022-03-22",
|
| 56 |
-
"
|
| 57 |
-
"
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| 58 |
},
|
| 59 |
{
|
| 60 |
-
"id": "A-8.8-s4",
|
| 61 |
"act_code": "A-8.8",
|
| 62 |
"act_short": "AAAMPA",
|
| 63 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
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@@ -66,17 +65,36 @@
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|
| 66 |
"part": "",
|
| 67 |
"division": "",
|
| 68 |
"heading": "Powers of Minister",
|
| 69 |
-
"text": "4\n(1) The Minister may make regulations\n(a) designating as a violation that may be proceeded with in accordance with this Act\n(i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act,\n(ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or\n(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;\nif the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;\n(b) classifying each violation as a minor violation, a serious violation or a very serious violation;\n(b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;\n(c) fixing a penalty, or a range of penalties, in respect of each violation;\n(d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1);\n(e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner;\n(f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing;\n(g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served;\n(h) prescribing anything that by this Act is to be prescribed; and\n(i) generally, for carrying out the purposes and provisions of this Act.\n(2) [Maximum penalties] The maximum penalty for a violation is\n(a) in the case of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit, $2,000; and\n(b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.\n(3) [Criteria] Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria:\n(a) the degree of intention or negligence on the part of the person who committed the violation;\n(b) the harm done by the violation; and\n(c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation.",
|
| 70 |
"history": "1995, c. 40, s. 4; 2012, c. 24, s. 99; 2015, c. 2, s. 114; 2016, c. 9, ss. 70, 72",
|
| 71 |
"last_amended": "2019-01-15",
|
| 72 |
"in_force": "2016-12-12",
|
| 73 |
"status": "in force",
|
| 74 |
"current_to": "2022-03-22",
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| 75 |
-
"
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| 76 |
-
"
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},
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| 78 |
{
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| 79 |
-
"id": "A-8.8-s5",
|
| 80 |
"act_code": "A-8.8",
|
| 81 |
"act_short": "AAAMPA",
|
| 82 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
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@@ -85,17 +103,17 @@
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| 85 |
"part": "",
|
| 86 |
"division": "",
|
| 87 |
"heading": "Powers of Minister",
|
| 88 |
-
"text": "5 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2002-12-31",
|
| 91 |
"in_force": "2002-12-31",
|
| 92 |
"status": "in force",
|
| 93 |
"current_to": "2022-03-22",
|
| 94 |
-
"
|
| 95 |
-
"
|
|
|
|
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|
| 96 |
},
|
| 97 |
{
|
| 98 |
-
"id": "A-8.8-s6",
|
| 99 |
"act_code": "A-8.8",
|
| 100 |
"act_short": "AAAMPA",
|
| 101 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -104,17 +122,17 @@
|
|
| 104 |
"part": "",
|
| 105 |
"division": "",
|
| 106 |
"heading": "Powers of Minister",
|
| 107 |
-
"text": "6 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation.",
|
| 108 |
"history": "1995, c. 40, s. 6; 2015, c. 2, s. 115",
|
| 109 |
"last_amended": "2015-02-27",
|
| 110 |
"in_force": "2015-02-27",
|
| 111 |
"status": "in force",
|
| 112 |
"current_to": "2022-03-22",
|
| 113 |
-
"
|
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-
"
|
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|
| 115 |
},
|
| 116 |
{
|
| 117 |
-
"id": "A-8.8-s7",
|
| 118 |
"act_code": "A-8.8",
|
| 119 |
"act_short": "AAAMPA",
|
| 120 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -123,17 +141,17 @@
|
|
| 123 |
"part": "",
|
| 124 |
"division": "",
|
| 125 |
"heading": "Proceedings",
|
| 126 |
-
"text": "7\n(1) Every person who\n(a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act,\n(b) contravenes any order made by the Minister under the Plant Protection Act, or\n(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act\nthe contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act.\n(2) [Issuance of notice of violation] If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and\n(a) contains a warning that the person has committed a violation; or\n(b) sets out\n(i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay,\n(ii) particulars concerning the time for paying and the manner of paying the penalty, and\n(iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.\n(3) [Summary of rights] A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review.",
|
| 127 |
"history": "1995, c. 40, s. 7; 2012, c. 24, s. 100(E); 2015, c. 2, s. 116(E); 2016, c. 9, ss. 71(E), 72(E)",
|
| 128 |
"last_amended": "2019-01-15",
|
| 129 |
"in_force": "2016-12-12",
|
| 130 |
"status": "in force",
|
| 131 |
"current_to": "2022-03-22",
|
| 132 |
-
"
|
| 133 |
-
"
|
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|
| 134 |
},
|
| 135 |
{
|
| 136 |
-
"id": "A-8.8-s8",
|
| 137 |
"act_code": "A-8.8",
|
| 138 |
"act_short": "AAAMPA",
|
| 139 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -142,17 +160,17 @@
|
|
| 142 |
"part": "",
|
| 143 |
"division": "",
|
| 144 |
"heading": "Notices of Violation with Warning",
|
| 145 |
-
"text": "8\n(1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal.\n(2) [Deeming] Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2002-12-31",
|
| 148 |
"in_force": "2002-12-31",
|
| 149 |
"status": "in force",
|
| 150 |
"current_to": "2022-03-22",
|
| 151 |
-
"
|
| 152 |
-
"
|
|
|
|
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|
| 153 |
},
|
| 154 |
{
|
| 155 |
-
"id": "A-8.8-s9",
|
| 156 |
"act_code": "A-8.8",
|
| 157 |
"act_short": "AAAMPA",
|
| 158 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -161,17 +179,36 @@
|
|
| 161 |
"part": "",
|
| 162 |
"division": "",
|
| 163 |
"heading": "Notices of Violation with Penalty",
|
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| 164 |
"text": "9\n(1) Where a notice of violation sets out a penalty and the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in the notice that may be paid in lieu of the penalty,\n(a) the person is deemed to have committed the violation in respect of which the amount is paid;\n(b) the Minister shall accept that amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(2) [Alternatives to payment] Instead of paying the penalty set out in a notice of violation or, where applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner,\n(a) if the penalty is $2,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the agri-food Act or regulation to which the violation relates;\n(b) request a review by the Minister of the facts of the violation; or\n(c) request a review by the Tribunal of the facts of the violation.\n(3) [Deeming] Where a person who is served with a notice of violation that sets out a penalty does not pay the penalty in the prescribed time and manner or, where applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice.",
|
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| 165 |
"history": "",
|
| 166 |
"last_amended": "2002-12-31",
|
| 167 |
"in_force": "2002-12-31",
|
| 168 |
"status": "in force",
|
| 169 |
"current_to": "2022-03-22",
|
| 170 |
-
"
|
| 171 |
-
"
|
|
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|
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|
|
| 172 |
},
|
| 173 |
{
|
| 174 |
-
"id": "A-8.8-s10",
|
| 175 |
"act_code": "A-8.8",
|
| 176 |
"act_short": "AAAMPA",
|
| 177 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -180,17 +217,17 @@
|
|
| 180 |
"part": "",
|
| 181 |
"division": "",
|
| 182 |
"heading": "Compliance Agreements",
|
| 183 |
-
"text": "10\n(1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may\n(a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and\n(b) provide for the reduction, in whole or in part, of the penalty for the violation.\n(2) [Deeming] A person who makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into.\n(3) [Where compliance agreement complied with] Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice,\n(a) the proceedings commenced in respect of the violation under section 7 are ended; and\n(b) any security given under the compliance agreement by the person shall be returned to the person.\n(4) [Where compliance agreement not complied with] Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that\n(a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or\n(b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada.\n(5) [Effect of notice of default] On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and\n(a) the person served is liable to pay the amount set out in the notice; or\n(b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended.\n(6) [Effect of payment] Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,\n(a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2002-12-31",
|
| 186 |
"in_force": "2002-12-31",
|
| 187 |
"status": "in force",
|
| 188 |
"current_to": "2022-03-22",
|
| 189 |
-
"
|
| 190 |
-
"
|
|
|
|
|
|
|
| 191 |
},
|
| 192 |
{
|
| 193 |
-
"id": "A-8.8-s11",
|
| 194 |
"act_code": "A-8.8",
|
| 195 |
"act_short": "AAAMPA",
|
| 196 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -199,17 +236,17 @@
|
|
| 199 |
"part": "",
|
| 200 |
"division": "",
|
| 201 |
"heading": "Compliance Agreements",
|
| 202 |
-
"text": "11\n(1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner,\n(a) pay the amount of the penalty; or\n(b) request a review by the Tribunal of the facts of the violation.\n(2) [Effect of payment] Where a person pays the amount referred to in paragraph (1)(a),\n(a) the person is deemed to have committed the violation in respect of which the payment is made;\n(b) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(3) [Deeming] If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation.",
|
| 203 |
"history": "1995, c. 40, s. 11; 2015, c. 2, s. 117(E)",
|
| 204 |
"last_amended": "2015-02-27",
|
| 205 |
"in_force": "2015-02-27",
|
| 206 |
"status": "in force",
|
| 207 |
"current_to": "2022-03-22",
|
| 208 |
-
"
|
| 209 |
-
"
|
|
|
|
|
|
|
| 210 |
},
|
| 211 |
{
|
| 212 |
-
"id": "A-8.8-s12",
|
| 213 |
"act_code": "A-8.8",
|
| 214 |
"act_short": "AAAMPA",
|
| 215 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -218,17 +255,17 @@
|
|
| 218 |
"part": "",
|
| 219 |
"division": "",
|
| 220 |
"heading": "Review by Minister",
|
| 221 |
-
"text": "12\n(1) After concluding a review requested under section 8, the Minister shall determine whether or not the person committed the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, request a review of the Minister’s decision by the Tribunal.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2002-12-31",
|
| 224 |
"in_force": "2002-12-31",
|
| 225 |
"status": "in force",
|
| 226 |
"current_to": "2022-03-22",
|
| 227 |
-
"
|
| 228 |
-
"
|
|
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|
| 229 |
},
|
| 230 |
{
|
| 231 |
-
"id": "A-8.8-s13",
|
| 232 |
"act_code": "A-8.8",
|
| 233 |
"act_short": "AAAMPA",
|
| 234 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -237,17 +274,17 @@
|
|
| 237 |
"part": "",
|
| 238 |
"division": "",
|
| 239 |
"heading": "Review by Minister",
|
| 240 |
-
"text": "13\n(1) After concluding a review requested under paragraph 9(2)(b), the Minister shall determine whether or not the person requesting the review committed a violation and, where the Minister decides that the person committed a violation but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct the amount of the penalty for the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Payment or right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner,\n(a) pay the amount of the penalty set out in the notice referred to in subsection (1), in which case\n(i) the Minister shall accept the amount as and in complete satisfaction of the penalty, and\n(ii) the proceedings commenced in respect of the violation under section 7 are ended; or\n(b) request a review of the Minister’s decision by the Tribunal.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2002-12-31",
|
| 243 |
"in_force": "2002-12-31",
|
| 244 |
"status": "in force",
|
| 245 |
"current_to": "2022-03-22",
|
| 246 |
-
"
|
| 247 |
-
"
|
|
|
|
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|
|
| 248 |
},
|
| 249 |
{
|
| 250 |
-
"id": "A-8.8-s14",
|
| 251 |
"act_code": "A-8.8",
|
| 252 |
"act_short": "AAAMPA",
|
| 253 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -256,17 +293,17 @@
|
|
| 256 |
"part": "",
|
| 257 |
"division": "",
|
| 258 |
"heading": "Review by Tribunal",
|
| 259 |
-
"text": "14\n(1) After concluding a review requested under this Act, the Tribunal shall, by order, as the case may be,\n(a) confirm, vary or set aside any decision of the Minister under section 12 or 13, or\n(b) determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty,\nand the Tribunal shall cause a notice of any order made under this subsection to be served on the person who requested the review, and on the Minister.\n(2) [Payment] Where the Tribunal decides under subsection (1) that a person has committed a violation, the person is liable for the amount of the penalty as set out in the order of the Tribunal and, on the payment of that amount in the time and manner specified in the order,\n(a) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2002-12-31",
|
| 262 |
"in_force": "2002-12-31",
|
| 263 |
"status": "in force",
|
| 264 |
"current_to": "2022-03-22",
|
| 265 |
-
"
|
| 266 |
-
"
|
|
|
|
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|
| 267 |
},
|
| 268 |
{
|
| 269 |
-
"id": "A-8.8-s15",
|
| 270 |
"act_code": "A-8.8",
|
| 271 |
"act_short": "AAAMPA",
|
| 272 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -275,17 +312,17 @@
|
|
| 275 |
"part": "",
|
| 276 |
"division": "",
|
| 277 |
"heading": "Enforcement",
|
| 278 |
-
"text": "15\n(1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:\n(a) the amount of a penalty, from the time the notice of violation setting out the penalty is served;\n(b) every amount undertaken to be paid pursuant to a compliance agreement entered into with the Minister under subsection 10(1), from the time the compliance agreement is entered into;\n(c) the amount set out in a notice of default referred to in subsection 10(4), from the time the notice is served;\n(d) the amount of a penalty as set out in a decision of the Minister under subsection 13(1), from the time the notice under that subsection is served;\n(e) the amount of a penalty as set out in an order of the Tribunal under subsection 14(1), from the expiration of the time specified in the order for the payment of that amount; and\n(f) the amount of any reasonable expenses incurred pursuant to section 22, from the date they are incurred.\n(2) [Time limit] No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.\n(3) [Debt final] A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14.",
|
| 279 |
"history": "1995, c. 40, s. 15; 2012, c. 24, s. 101; 2015, c. 2, s. 118(F)",
|
| 280 |
"last_amended": "2019-01-15",
|
| 281 |
"in_force": "2015-02-27",
|
| 282 |
"status": "in force",
|
| 283 |
"current_to": "2022-03-22",
|
| 284 |
-
"
|
| 285 |
-
"
|
|
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|
| 286 |
},
|
| 287 |
{
|
| 288 |
-
"id": "A-8.8-s16",
|
| 289 |
"act_code": "A-8.8",
|
| 290 |
"act_short": "AAAMPA",
|
| 291 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -294,17 +331,17 @@
|
|
| 294 |
"part": "",
|
| 295 |
"division": "",
|
| 296 |
"heading": "Enforcement",
|
| 297 |
-
"text": "16\n(1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.\n(2) [Judgments] On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2002-12-31",
|
| 300 |
"in_force": "2002-12-31",
|
| 301 |
"status": "in force",
|
| 302 |
"current_to": "2022-03-22",
|
| 303 |
-
"
|
| 304 |
-
"
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|
| 305 |
},
|
| 306 |
{
|
| 307 |
-
"id": "A-8.8-s17",
|
| 308 |
"act_code": "A-8.8",
|
| 309 |
"act_short": "AAAMPA",
|
| 310 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -313,17 +350,17 @@
|
|
| 313 |
"part": "",
|
| 314 |
"division": "",
|
| 315 |
"heading": "Rules of Law About Violations",
|
| 316 |
-
"text": "17 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2002-12-31",
|
| 319 |
"in_force": "2002-12-31",
|
| 320 |
"status": "in force",
|
| 321 |
"current_to": "2022-03-22",
|
| 322 |
-
"
|
| 323 |
-
"
|
|
|
|
|
|
|
| 324 |
},
|
| 325 |
{
|
| 326 |
-
"id": "A-8.8-s18",
|
| 327 |
"act_code": "A-8.8",
|
| 328 |
"act_short": "AAAMPA",
|
| 329 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -332,17 +369,17 @@
|
|
| 332 |
"part": "",
|
| 333 |
"division": "",
|
| 334 |
"heading": "Rules of Law About Violations",
|
| 335 |
-
"text": "18\n(1) A person named in a notice of violation does not have a defence by reason that the person\n(a) exercised due diligence to prevent the violation; or\n(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.\n(2) [Common law principles] Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under an agri-food Act applies in respect of a violation to the extent that it is not inconsistent with this Act.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2002-12-31",
|
| 338 |
"in_force": "2002-12-31",
|
| 339 |
"status": "in force",
|
| 340 |
"current_to": "2022-03-22",
|
| 341 |
-
"
|
| 342 |
-
"
|
|
|
|
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|
|
| 343 |
},
|
| 344 |
{
|
| 345 |
-
"id": "A-8.8-s19",
|
| 346 |
"act_code": "A-8.8",
|
| 347 |
"act_short": "AAAMPA",
|
| 348 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -351,17 +388,17 @@
|
|
| 351 |
"part": "",
|
| 352 |
"division": "",
|
| 353 |
"heading": "Rules of Law About Violations",
|
| 354 |
-
"text": "19 In every case where the facts of a violation are reviewed by the Minister or by the Tribunal, the Minister must establish, on a balance of probabilities, that the person named in the notice of violation committed the violation identified in the notice.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2002-12-31",
|
| 357 |
"in_force": "2002-12-31",
|
| 358 |
"status": "in force",
|
| 359 |
"current_to": "2022-03-22",
|
| 360 |
-
"
|
| 361 |
-
"
|
|
|
|
|
|
|
| 362 |
},
|
| 363 |
{
|
| 364 |
-
"id": "A-8.8-s20",
|
| 365 |
"act_code": "A-8.8",
|
| 366 |
"act_short": "AAAMPA",
|
| 367 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -370,17 +407,17 @@
|
|
| 370 |
"part": "",
|
| 371 |
"division": "",
|
| 372 |
"heading": "Rules of Law About Violations",
|
| 373 |
-
"text": "20\n(1) The holder of a licence, certificate, letter of accreditation, permit, notice or other document issued under an agri-food Act is liable for a violation that is committed in respect of any matter relating to any activity or requirement under that document, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act.\n(2) [Vicarious liability — acts of employees and agents] A person is liable for a violation that is committed by any employee or agent of the person acting in the course of the employee’s employment or the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2002-12-31",
|
| 376 |
"in_force": "2002-12-31",
|
| 377 |
"status": "in force",
|
| 378 |
"current_to": "2022-03-22",
|
| 379 |
-
"
|
| 380 |
-
"
|
|
|
|
|
|
|
| 381 |
},
|
| 382 |
{
|
| 383 |
-
"id": "A-8.8-s21",
|
| 384 |
"act_code": "A-8.8",
|
| 385 |
"act_short": "AAAMPA",
|
| 386 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -389,17 +426,17 @@
|
|
| 389 |
"part": "",
|
| 390 |
"division": "",
|
| 391 |
"heading": "Rules of Law About Violations",
|
| 392 |
-
"text": "21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2002-12-31",
|
| 395 |
"in_force": "2002-12-31",
|
| 396 |
"status": "in force",
|
| 397 |
"current_to": "2022-03-22",
|
| 398 |
-
"
|
| 399 |
-
"
|
|
|
|
|
|
|
| 400 |
},
|
| 401 |
{
|
| 402 |
-
"id": "A-8.8-s22",
|
| 403 |
"act_code": "A-8.8",
|
| 404 |
"act_short": "AAAMPA",
|
| 405 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -408,17 +445,17 @@
|
|
| 408 |
"part": "",
|
| 409 |
"division": "",
|
| 410 |
"heading": "Rules of Law About Violations",
|
| 411 |
-
"text": "22 Where\n(a) a person is deemed by this Act to have committed a violation, or\n(b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner,\nanything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2002-12-31",
|
| 414 |
"in_force": "2002-12-31",
|
| 415 |
"status": "in force",
|
| 416 |
"current_to": "2022-03-22",
|
| 417 |
-
"
|
| 418 |
-
"
|
|
|
|
|
|
|
| 419 |
},
|
| 420 |
{
|
| 421 |
-
"id": "A-8.8-s23",
|
| 422 |
"act_code": "A-8.8",
|
| 423 |
"act_short": "AAAMPA",
|
| 424 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -427,17 +464,17 @@
|
|
| 427 |
"part": "",
|
| 428 |
"division": "",
|
| 429 |
"heading": "General Provisions",
|
| 430 |
-
"text": "23\n(1) Any notation of a violation shall, on application by the person who committed the violation, be removed from any records that may be kept by the Minister respecting that person after the expiration of five years from\n(a) where the notice of violation contained a warning, the date the notice was served, or\n(b) in any other case, the payment of any debt referred to in subsection 15(1),\nunless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection.\n(2) [Duty to notify] The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1).",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2002-12-31",
|
| 433 |
"in_force": "2002-12-31",
|
| 434 |
"status": "in force",
|
| 435 |
"current_to": "2022-03-22",
|
| 436 |
-
"
|
| 437 |
-
"
|
|
|
|
|
|
|
| 438 |
},
|
| 439 |
{
|
| 440 |
-
"id": "A-8.8-s24",
|
| 441 |
"act_code": "A-8.8",
|
| 442 |
"act_short": "AAAMPA",
|
| 443 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -446,17 +483,17 @@
|
|
| 446 |
"part": "",
|
| 447 |
"division": "",
|
| 448 |
"heading": "General Provisions",
|
| 449 |
-
"text": "24 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2002-12-31",
|
| 452 |
"in_force": "2002-12-31",
|
| 453 |
"status": "in force",
|
| 454 |
"current_to": "2022-03-22",
|
| 455 |
-
"
|
| 456 |
-
"
|
|
|
|
|
|
|
| 457 |
},
|
| 458 |
{
|
| 459 |
-
"id": "A-8.8-s25",
|
| 460 |
"act_code": "A-8.8",
|
| 461 |
"act_short": "AAAMPA",
|
| 462 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -465,17 +502,17 @@
|
|
| 465 |
"part": "",
|
| 466 |
"division": "",
|
| 467 |
"heading": "General Provisions",
|
| 468 |
-
"text": "25 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2002-12-31",
|
| 471 |
"in_force": "2002-12-31",
|
| 472 |
"status": "in force",
|
| 473 |
"current_to": "2022-03-22",
|
| 474 |
-
"
|
| 475 |
-
"
|
|
|
|
|
|
|
| 476 |
},
|
| 477 |
{
|
| 478 |
-
"id": "A-8.8-s26",
|
| 479 |
"act_code": "A-8.8",
|
| 480 |
"act_short": "AAAMPA",
|
| 481 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -484,17 +521,17 @@
|
|
| 484 |
"part": "",
|
| 485 |
"division": "",
|
| 486 |
"heading": "General Provisions",
|
| 487 |
-
"text": "26 No proceedings in respect of a violation may be commenced later than\n(a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or\n(b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation.",
|
| 488 |
"history": "1995, c. 40, s. 26; 2015, c. 2, s. 119",
|
| 489 |
"last_amended": "2015-02-27",
|
| 490 |
"in_force": "2015-02-27",
|
| 491 |
"status": "in force",
|
| 492 |
"current_to": "2022-03-22",
|
| 493 |
-
"
|
| 494 |
-
"
|
|
|
|
|
|
|
| 495 |
},
|
| 496 |
{
|
| 497 |
-
"id": "A-8.8-s27",
|
| 498 |
"act_code": "A-8.8",
|
| 499 |
"act_short": "AAAMPA",
|
| 500 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -503,17 +540,17 @@
|
|
| 503 |
"part": "",
|
| 504 |
"division": "",
|
| 505 |
"heading": "Composition",
|
| 506 |
-
"text": "27\n(1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued.\n(2) [Composition] The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson.",
|
| 507 |
"history": "1995, c. 40, s. 27; 2012, c. 24, s. 102",
|
| 508 |
"last_amended": "2019-01-15",
|
| 509 |
"in_force": "2019-01-15",
|
| 510 |
"status": "in force",
|
| 511 |
"current_to": "2022-03-22",
|
| 512 |
-
"
|
| 513 |
-
"
|
|
|
|
|
|
|
| 514 |
},
|
| 515 |
{
|
| 516 |
-
"id": "A-8.8-s28",
|
| 517 |
"act_code": "A-8.8",
|
| 518 |
"act_short": "AAAMPA",
|
| 519 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -522,17 +559,17 @@
|
|
| 522 |
"part": "",
|
| 523 |
"division": "",
|
| 524 |
"heading": "Composition",
|
| 525 |
-
"text": "28 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.",
|
| 526 |
"history": "1995, c. 40, s. 28; 2012, c. 24, s. 102",
|
| 527 |
"last_amended": "2019-01-15",
|
| 528 |
"in_force": "2019-01-15",
|
| 529 |
"status": "in force",
|
| 530 |
"current_to": "2022-03-22",
|
| 531 |
-
"
|
| 532 |
-
"
|
|
|
|
|
|
|
| 533 |
},
|
| 534 |
{
|
| 535 |
-
"id": "A-8.8-s29",
|
| 536 |
"act_code": "A-8.8",
|
| 537 |
"act_short": "AAAMPA",
|
| 538 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -541,17 +578,17 @@
|
|
| 541 |
"part": "",
|
| 542 |
"division": "",
|
| 543 |
"heading": "Composition",
|
| 544 |
-
"text": "29 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.",
|
| 545 |
"history": "1995, c. 40, s. 29; 2012, c. 24, s. 102",
|
| 546 |
"last_amended": "2019-01-15",
|
| 547 |
"in_force": "2019-01-15",
|
| 548 |
"status": "in force",
|
| 549 |
"current_to": "2022-03-22",
|
| 550 |
-
"
|
| 551 |
-
"
|
|
|
|
|
|
|
| 552 |
},
|
| 553 |
{
|
| 554 |
-
"id": "A-8.8-s30",
|
| 555 |
"act_code": "A-8.8",
|
| 556 |
"act_short": "AAAMPA",
|
| 557 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -560,17 +597,17 @@
|
|
| 560 |
"part": "",
|
| 561 |
"division": "",
|
| 562 |
"heading": "Composition",
|
| 563 |
-
"text": "30\n(1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.\n(2) [Re-appointment] Each member may be re-appointed as a member in the same or another capacity.",
|
| 564 |
"history": "1995, c. 40, s. 30; 2012, c. 24, s. 102",
|
| 565 |
"last_amended": "2019-01-15",
|
| 566 |
"in_force": "2019-01-15",
|
| 567 |
"status": "in force",
|
| 568 |
"current_to": "2022-03-22",
|
| 569 |
-
"
|
| 570 |
-
"
|
|
|
|
|
|
|
| 571 |
},
|
| 572 |
{
|
| 573 |
-
"id": "A-8.8-s31",
|
| 574 |
"act_code": "A-8.8",
|
| 575 |
"act_short": "AAAMPA",
|
| 576 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -579,17 +616,17 @@
|
|
| 579 |
"part": "",
|
| 580 |
"division": "",
|
| 581 |
"heading": "Composition",
|
| 582 |
-
"text": "31 A member must not hold any other office in the federal public administration.",
|
| 583 |
"history": "1995, c. 40, s. 31; 2012, c. 24, s. 102",
|
| 584 |
"last_amended": "2019-01-15",
|
| 585 |
"in_force": "2019-01-15",
|
| 586 |
"status": "in force",
|
| 587 |
"current_to": "2022-03-22",
|
| 588 |
-
"
|
| 589 |
-
"
|
|
|
|
|
|
|
| 590 |
},
|
| 591 |
{
|
| 592 |
-
"id": "A-8.8-s32",
|
| 593 |
"act_code": "A-8.8",
|
| 594 |
"act_short": "AAAMPA",
|
| 595 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -598,17 +635,17 @@
|
|
| 598 |
"part": "",
|
| 599 |
"division": "",
|
| 600 |
"heading": "Composition",
|
| 601 |
-
"text": "32 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.",
|
| 602 |
"history": "1995, c. 40, s. 32; 2012, c. 24, s. 102",
|
| 603 |
"last_amended": "2019-01-15",
|
| 604 |
"in_force": "2019-01-15",
|
| 605 |
"status": "in force",
|
| 606 |
"current_to": "2022-03-22",
|
| 607 |
-
"
|
| 608 |
-
"
|
|
|
|
|
|
|
| 609 |
},
|
| 610 |
{
|
| 611 |
-
"id": "A-8.8-s33",
|
| 612 |
"act_code": "A-8.8",
|
| 613 |
"act_short": "AAAMPA",
|
| 614 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -617,17 +654,17 @@
|
|
| 617 |
"part": "",
|
| 618 |
"division": "",
|
| 619 |
"heading": "Chairperson",
|
| 620 |
-
"text": "33\n(1) The Chairperson apportions work among the Tribunal’s members.\n(2) [Absence or incapacity of Chairperson] If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.",
|
| 621 |
"history": "1995, c. 40, s. 33; 2012, c. 24, s. 102; 2014, c. 20, s. 480",
|
| 622 |
"last_amended": "2019-01-15",
|
| 623 |
"in_force": "2019-01-15",
|
| 624 |
"status": "in force",
|
| 625 |
"current_to": "2022-03-22",
|
| 626 |
-
"
|
| 627 |
-
"
|
|
|
|
|
|
|
| 628 |
},
|
| 629 |
{
|
| 630 |
-
"id": "A-8.8-s34",
|
| 631 |
"act_code": "A-8.8",
|
| 632 |
"act_short": "AAAMPA",
|
| 633 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -636,17 +673,17 @@
|
|
| 636 |
"part": "",
|
| 637 |
"division": "",
|
| 638 |
"heading": "Remuneration and Expenses",
|
| 639 |
-
"text": "34\n(1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.\n(2) [Travel and living expenses] Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.",
|
| 640 |
"history": "1995, c. 40, s. 34; 2012, c. 24, s. 102",
|
| 641 |
"last_amended": "2019-01-15",
|
| 642 |
"in_force": "2019-01-15",
|
| 643 |
"status": "in force",
|
| 644 |
"current_to": "2022-03-22",
|
| 645 |
-
"
|
| 646 |
-
"
|
|
|
|
|
|
|
| 647 |
},
|
| 648 |
{
|
| 649 |
-
"id": "A-8.8-s35",
|
| 650 |
"act_code": "A-8.8",
|
| 651 |
"act_short": "AAAMPA",
|
| 652 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -655,17 +692,17 @@
|
|
| 655 |
"part": "",
|
| 656 |
"division": "",
|
| 657 |
"heading": "Remuneration and Expenses",
|
| 658 |
-
"text": "35 [Repealed, 2014, c. 20, s. 480]",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2019-01-15",
|
| 661 |
"in_force": "2019-01-15",
|
| 662 |
"status": "repealed",
|
| 663 |
"current_to": "2022-03-22",
|
| 664 |
-
"
|
| 665 |
-
"
|
|
|
|
|
|
|
| 666 |
},
|
| 667 |
{
|
| 668 |
-
"id": "A-8.8-s36",
|
| 669 |
"act_code": "A-8.8",
|
| 670 |
"act_short": "AAAMPA",
|
| 671 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -674,17 +711,17 @@
|
|
| 674 |
"part": "",
|
| 675 |
"division": "",
|
| 676 |
"heading": "Remuneration and Expenses",
|
| 677 |
-
"text": "36 [Repealed, 2014, c. 20, s. 480]",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2019-01-15",
|
| 680 |
"in_force": "2019-01-15",
|
| 681 |
"status": "repealed",
|
| 682 |
"current_to": "2022-03-22",
|
| 683 |
-
"
|
| 684 |
-
"
|
|
|
|
|
|
|
| 685 |
},
|
| 686 |
{
|
| 687 |
-
"id": "A-8.8-s37",
|
| 688 |
"act_code": "A-8.8",
|
| 689 |
"act_short": "AAAMPA",
|
| 690 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -693,17 +730,17 @@
|
|
| 693 |
"part": "",
|
| 694 |
"division": "",
|
| 695 |
"heading": "Head Office",
|
| 696 |
-
"text": "37\n(1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.\n(2) [Sittings] The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.",
|
| 697 |
"history": "1995, c. 40, s. 37; 2012, c. 24, s. 102",
|
| 698 |
"last_amended": "2019-01-15",
|
| 699 |
"in_force": "2019-01-15",
|
| 700 |
"status": "in force",
|
| 701 |
"current_to": "2022-03-22",
|
| 702 |
-
"
|
| 703 |
-
"
|
|
|
|
|
|
|
| 704 |
},
|
| 705 |
{
|
| 706 |
-
"id": "A-8.8-s38",
|
| 707 |
"act_code": "A-8.8",
|
| 708 |
"act_short": "AAAMPA",
|
| 709 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -712,17 +749,17 @@
|
|
| 712 |
"part": "",
|
| 713 |
"division": "",
|
| 714 |
"heading": "Jurisdiction",
|
| 715 |
-
"text": "38\n(1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.\n(2) [Review by Federal Court] An order of the Tribunal may only be reviewed under the Federal Courts Act.",
|
| 716 |
"history": "1995, c. 40, s. 38; 2012, c. 24, s. 102",
|
| 717 |
"last_amended": "2019-01-15",
|
| 718 |
"in_force": "2019-01-15",
|
| 719 |
"status": "in force",
|
| 720 |
"current_to": "2022-03-22",
|
| 721 |
-
"
|
| 722 |
-
"
|
|
|
|
|
|
|
| 723 |
},
|
| 724 |
{
|
| 725 |
-
"id": "A-8.8-s39",
|
| 726 |
"act_code": "A-8.8",
|
| 727 |
"act_short": "AAAMPA",
|
| 728 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -731,17 +768,17 @@
|
|
| 731 |
"part": "",
|
| 732 |
"division": "",
|
| 733 |
"heading": "Jurisdiction",
|
| 734 |
-
"text": "39\n(1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:\n(a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and\n(b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.\n(2) [Other legally qualified members] The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.",
|
| 735 |
"history": "1995, c. 40, s. 39; 2012, c. 24, s. 102",
|
| 736 |
"last_amended": "2019-01-15",
|
| 737 |
"in_force": "2019-01-15",
|
| 738 |
"status": "in force",
|
| 739 |
"current_to": "2022-03-22",
|
| 740 |
-
"
|
| 741 |
-
"
|
|
|
|
|
|
|
| 742 |
},
|
| 743 |
{
|
| 744 |
-
"id": "A-8.8-s40",
|
| 745 |
"act_code": "A-8.8",
|
| 746 |
"act_short": "AAAMPA",
|
| 747 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -750,17 +787,17 @@
|
|
| 750 |
"part": "",
|
| 751 |
"division": "",
|
| 752 |
"heading": "Jurisdiction",
|
| 753 |
-
"text": "40 Reviews by the Tribunal are to be heard by a single member.",
|
| 754 |
"history": "1995, c. 40, s. 40; 2012, c. 24, s. 102",
|
| 755 |
"last_amended": "2019-01-15",
|
| 756 |
"in_force": "2019-01-15",
|
| 757 |
"status": "in force",
|
| 758 |
"current_to": "2022-03-22",
|
| 759 |
-
"
|
| 760 |
-
"
|
|
|
|
|
|
|
| 761 |
},
|
| 762 |
{
|
| 763 |
-
"id": "A-8.8-s41",
|
| 764 |
"act_code": "A-8.8",
|
| 765 |
"act_short": "AAAMPA",
|
| 766 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -769,17 +806,17 @@
|
|
| 769 |
"part": "",
|
| 770 |
"division": "",
|
| 771 |
"heading": "Powers",
|
| 772 |
-
"text": "41\n(1) The Tribunal is a court of record with an official seal that must be judicially noticed.\n(2) [Examination of witnesses, etc.] In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may\n(a) issue a summons requiring a person\n(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and\n(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;\n(b) administer oaths and examine any person on oath; and\n(c) during a hearing, receive any evidence that it considers relevant and trustworthy.",
|
| 773 |
"history": "1995, c. 40, s. 41; 2012, c. 24, s. 102",
|
| 774 |
"last_amended": "2019-01-15",
|
| 775 |
"in_force": "2019-01-15",
|
| 776 |
"status": "in force",
|
| 777 |
"current_to": "2022-03-22",
|
| 778 |
-
"
|
| 779 |
-
"
|
|
|
|
|
|
|
| 780 |
},
|
| 781 |
{
|
| 782 |
-
"id": "A-8.8-s42",
|
| 783 |
"act_code": "A-8.8",
|
| 784 |
"act_short": "AAAMPA",
|
| 785 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -788,17 +825,17 @@
|
|
| 788 |
"part": "",
|
| 789 |
"division": "",
|
| 790 |
"heading": "Rules",
|
| 791 |
-
"text": "42 The Tribunal may, with the approval of the Governor in Council, make rules governing\n(a) the practice and procedure in respect of hearings;\n(b) the time and manner in which applications and notices must be made or given; and\n(c) the work of the Tribunal under this or any other Act of Parliament.",
|
| 792 |
"history": "1995, c. 40, s. 42; 2012, c. 24, s. 102",
|
| 793 |
"last_amended": "2019-01-15",
|
| 794 |
"in_force": "2019-01-15",
|
| 795 |
"status": "in force",
|
| 796 |
"current_to": "2022-03-22",
|
| 797 |
-
"
|
| 798 |
-
"
|
|
|
|
|
|
|
| 799 |
},
|
| 800 |
{
|
| 801 |
-
"id": "A-8.8-s43",
|
| 802 |
"act_code": "A-8.8",
|
| 803 |
"act_short": "AAAMPA",
|
| 804 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -807,17 +844,17 @@
|
|
| 807 |
"part": "",
|
| 808 |
"division": "",
|
| 809 |
"heading": "General",
|
| 810 |
-
"text": "43 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.",
|
| 811 |
"history": "1995, c. 40, s. 43; 2012, c. 24, s. 102",
|
| 812 |
"last_amended": "2019-01-15",
|
| 813 |
"in_force": "2019-01-15",
|
| 814 |
"status": "in force",
|
| 815 |
"current_to": "2022-03-22",
|
| 816 |
-
"
|
| 817 |
-
"
|
|
|
|
|
|
|
| 818 |
},
|
| 819 |
{
|
| 820 |
-
"id": "A-8.8-s44",
|
| 821 |
"act_code": "A-8.8",
|
| 822 |
"act_short": "AAAMPA",
|
| 823 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -826,17 +863,17 @@
|
|
| 826 |
"part": "",
|
| 827 |
"division": "",
|
| 828 |
"heading": "General",
|
| 829 |
-
"text": "44 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.",
|
| 830 |
"history": "1995, c. 40, s. 44; 2012, c. 24, s. 102",
|
| 831 |
"last_amended": "2019-01-15",
|
| 832 |
"in_force": "2019-01-15",
|
| 833 |
"status": "in force",
|
| 834 |
"current_to": "2022-03-22",
|
| 835 |
-
"
|
| 836 |
-
"
|
|
|
|
|
|
|
| 837 |
},
|
| 838 |
{
|
| 839 |
-
"id": "A-8.8-s45",
|
| 840 |
"act_code": "A-8.8",
|
| 841 |
"act_short": "AAAMPA",
|
| 842 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -845,17 +882,17 @@
|
|
| 845 |
"part": "",
|
| 846 |
"division": "",
|
| 847 |
"heading": "General",
|
| 848 |
-
"text": "45 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.",
|
| 849 |
"history": "1995, c. 40, s. 45; 2012, c. 24, s. 102",
|
| 850 |
"last_amended": "2019-01-15",
|
| 851 |
"in_force": "2019-01-15",
|
| 852 |
"status": "in force",
|
| 853 |
"current_to": "2022-03-22",
|
| 854 |
-
"
|
| 855 |
-
"
|
|
|
|
|
|
|
| 856 |
},
|
| 857 |
{
|
| 858 |
-
"id": "A-8.8-s46 to 89",
|
| 859 |
"act_code": "A-8.8",
|
| 860 |
"act_short": "AAAMPA",
|
| 861 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -864,17 +901,17 @@
|
|
| 864 |
"part": "",
|
| 865 |
"division": "",
|
| 866 |
"heading": "General",
|
| 867 |
-
"text": "46 to 89 [Repealed, 2012, c. 24, s. 102]",
|
| 868 |
"history": "",
|
| 869 |
"last_amended": "2019-01-15",
|
| 870 |
"in_force": "2019-01-15",
|
| 871 |
"status": "in force",
|
| 872 |
"current_to": "2022-03-22",
|
| 873 |
-
"
|
| 874 |
-
"
|
|
|
|
|
|
|
| 875 |
},
|
| 876 |
{
|
| 877 |
-
"id": "A-8.8-s90",
|
| 878 |
"act_code": "A-8.8",
|
| 879 |
"act_short": "AAAMPA",
|
| 880 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
@@ -883,13 +920,14 @@
|
|
| 883 |
"part": "",
|
| 884 |
"division": "",
|
| 885 |
"heading": "General",
|
| 886 |
-
"text": "90 [Repealed, 2012, c. 24, s. 102]",
|
| 887 |
"history": "",
|
| 888 |
"last_amended": "2019-01-15",
|
| 889 |
"in_force": "2019-01-15",
|
| 890 |
"status": "repealed",
|
| 891 |
"current_to": "2022-03-22",
|
| 892 |
-
"
|
| 893 |
-
"
|
|
|
|
|
|
|
| 894 |
}
|
| 895 |
]
|
|
|
|
| 1 |
[
|
| 2 |
{
|
|
|
|
| 3 |
"act_code": "A-8.8",
|
| 4 |
"act_short": "AAAMPA",
|
| 5 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 8 |
"part": "",
|
| 9 |
"division": "",
|
| 10 |
"heading": "Short Title",
|
|
|
|
| 11 |
"history": "",
|
| 12 |
"last_amended": "2002-12-31",
|
| 13 |
"in_force": "2002-12-31",
|
| 14 |
"status": "in force",
|
| 15 |
"current_to": "2022-03-22",
|
| 16 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-1.html",
|
| 17 |
+
"id": "A-8.8-s1",
|
| 18 |
+
"text": "1 This Act may be cited as the Agriculture and Agri-Food Administrative Monetary Penalties Act.",
|
| 19 |
+
"citation": "AAAMPA, s. 1"
|
| 20 |
},
|
| 21 |
{
|
|
|
|
| 22 |
"act_code": "A-8.8",
|
| 23 |
"act_short": "AAAMPA",
|
| 24 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 27 |
"part": "",
|
| 28 |
"division": "",
|
| 29 |
"heading": "Interpretation",
|
|
|
|
| 30 |
"history": "1995, c. 40, s. 2; 1997, c. 21, s. 30; 2002, c. 28, s. 82; 2005, c. 38, ss. 30, 145; 2012, c. 24, s. 98; 2015, c. 2, s. 113",
|
| 31 |
"last_amended": "2019-01-15",
|
| 32 |
"in_force": "2015-02-27",
|
| 33 |
"status": "in force",
|
| 34 |
"current_to": "2022-03-22",
|
| 35 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-2.html",
|
| 36 |
+
"id": "A-8.8-s2",
|
| 37 |
+
"text": "2 In this Act,\nagri-food Act means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act; (loi agroalimentaire)\nMinister means the Minister of Agriculture and Agri-Food, except that\n(a) it means the Minister of Health in relation to a violation involving a contravention of\n(i) the Pest Control Products Act, or\n(ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act, and\n(b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act; (ministre)\npenalty means an administrative monetary penalty imposed under this Act for a violation; (sanction)\nprescribed means prescribed by regulation; (Version anglaise seulement)\nTribunal means the Review Tribunal continued by subsection 27(1); (Commission)",
|
| 38 |
+
"citation": "AAAMPA, s. 2"
|
| 39 |
},
|
| 40 |
{
|
|
|
|
| 41 |
"act_code": "A-8.8",
|
| 42 |
"act_short": "AAAMPA",
|
| 43 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 46 |
"part": "",
|
| 47 |
"division": "",
|
| 48 |
"heading": "Purpose of Act",
|
|
|
|
| 49 |
"history": "",
|
| 50 |
"last_amended": "2002-12-31",
|
| 51 |
"in_force": "2002-12-31",
|
| 52 |
"status": "in force",
|
| 53 |
"current_to": "2022-03-22",
|
| 54 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-3.html",
|
| 55 |
+
"id": "A-8.8-s3",
|
| 56 |
+
"text": "3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts.",
|
| 57 |
+
"citation": "AAAMPA, s. 3"
|
| 58 |
},
|
| 59 |
{
|
|
|
|
| 60 |
"act_code": "A-8.8",
|
| 61 |
"act_short": "AAAMPA",
|
| 62 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 65 |
"part": "",
|
| 66 |
"division": "",
|
| 67 |
"heading": "Powers of Minister",
|
|
|
|
| 68 |
"history": "1995, c. 40, s. 4; 2012, c. 24, s. 99; 2015, c. 2, s. 114; 2016, c. 9, ss. 70, 72",
|
| 69 |
"last_amended": "2019-01-15",
|
| 70 |
"in_force": "2016-12-12",
|
| 71 |
"status": "in force",
|
| 72 |
"current_to": "2022-03-22",
|
| 73 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-4.html",
|
| 74 |
+
"id": "A-8.8-s4-p1",
|
| 75 |
+
"text": "4\n(1) The Minister may make regulations\n(a) designating as a violation that may be proceeded with in accordance with this Act\n(i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act,\n(ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or\n(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;\nif the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;\n(b) classifying each violation as a minor violation, a serious violation or a very serious violation;\n(b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;\n(c) fixing a penalty, or a range of penalties, in respect of each violation;\n(d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1);\n(e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner;\n(f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing;",
|
| 76 |
+
"citation": "AAAMPA, s. 4 (part 1 of 2)"
|
| 77 |
+
},
|
| 78 |
+
{
|
| 79 |
+
"act_code": "A-8.8",
|
| 80 |
+
"act_short": "AAAMPA",
|
| 81 |
+
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
| 82 |
+
"section": "4",
|
| 83 |
+
"marginal_note": "Regulations",
|
| 84 |
+
"part": "",
|
| 85 |
+
"division": "",
|
| 86 |
+
"heading": "Powers of Minister",
|
| 87 |
+
"history": "1995, c. 40, s. 4; 2012, c. 24, s. 99; 2015, c. 2, s. 114; 2016, c. 9, ss. 70, 72",
|
| 88 |
+
"last_amended": "2019-01-15",
|
| 89 |
+
"in_force": "2016-12-12",
|
| 90 |
+
"status": "in force",
|
| 91 |
+
"current_to": "2022-03-22",
|
| 92 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-4.html",
|
| 93 |
+
"id": "A-8.8-s4-p2",
|
| 94 |
+
"text": "(g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served;\n(h) prescribing anything that by this Act is to be prescribed; and\n(i) generally, for carrying out the purposes and provisions of this Act.\n(2) [Maximum penalties] The maximum penalty for a violation is\n(a) in the case of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit, $2,000; and\n(b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.\n(3) [Criteria] Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria:\n(a) the degree of intention or negligence on the part of the person who committed the violation;\n(b) the harm done by the violation; and\n(c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation.",
|
| 95 |
+
"citation": "AAAMPA, s. 4 (part 2 of 2)"
|
| 96 |
},
|
| 97 |
{
|
|
|
|
| 98 |
"act_code": "A-8.8",
|
| 99 |
"act_short": "AAAMPA",
|
| 100 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 103 |
"part": "",
|
| 104 |
"division": "",
|
| 105 |
"heading": "Powers of Minister",
|
|
|
|
| 106 |
"history": "",
|
| 107 |
"last_amended": "2002-12-31",
|
| 108 |
"in_force": "2002-12-31",
|
| 109 |
"status": "in force",
|
| 110 |
"current_to": "2022-03-22",
|
| 111 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-5.html",
|
| 112 |
+
"id": "A-8.8-s5",
|
| 113 |
+
"text": "5 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.",
|
| 114 |
+
"citation": "AAAMPA, s. 5"
|
| 115 |
},
|
| 116 |
{
|
|
|
|
| 117 |
"act_code": "A-8.8",
|
| 118 |
"act_short": "AAAMPA",
|
| 119 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 122 |
"part": "",
|
| 123 |
"division": "",
|
| 124 |
"heading": "Powers of Minister",
|
|
|
|
| 125 |
"history": "1995, c. 40, s. 6; 2015, c. 2, s. 115",
|
| 126 |
"last_amended": "2015-02-27",
|
| 127 |
"in_force": "2015-02-27",
|
| 128 |
"status": "in force",
|
| 129 |
"current_to": "2022-03-22",
|
| 130 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-6.html",
|
| 131 |
+
"id": "A-8.8-s6",
|
| 132 |
+
"text": "6 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation.",
|
| 133 |
+
"citation": "AAAMPA, s. 6"
|
| 134 |
},
|
| 135 |
{
|
|
|
|
| 136 |
"act_code": "A-8.8",
|
| 137 |
"act_short": "AAAMPA",
|
| 138 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 141 |
"part": "",
|
| 142 |
"division": "",
|
| 143 |
"heading": "Proceedings",
|
|
|
|
| 144 |
"history": "1995, c. 40, s. 7; 2012, c. 24, s. 100(E); 2015, c. 2, s. 116(E); 2016, c. 9, ss. 71(E), 72(E)",
|
| 145 |
"last_amended": "2019-01-15",
|
| 146 |
"in_force": "2016-12-12",
|
| 147 |
"status": "in force",
|
| 148 |
"current_to": "2022-03-22",
|
| 149 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-7.html",
|
| 150 |
+
"id": "A-8.8-s7",
|
| 151 |
+
"text": "7\n(1) Every person who\n(a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act,\n(b) contravenes any order made by the Minister under the Plant Protection Act, or\n(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act\nthe contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act.\n(2) [Issuance of notice of violation] If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and\n(a) contains a warning that the person has committed a violation; or\n(b) sets out\n(i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay,\n(ii) particulars concerning the time for paying and the manner of paying the penalty, and\n(iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.\n(3) [Summary of rights] A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review.",
|
| 152 |
+
"citation": "AAAMPA, s. 7"
|
| 153 |
},
|
| 154 |
{
|
|
|
|
| 155 |
"act_code": "A-8.8",
|
| 156 |
"act_short": "AAAMPA",
|
| 157 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 160 |
"part": "",
|
| 161 |
"division": "",
|
| 162 |
"heading": "Notices of Violation with Warning",
|
|
|
|
| 163 |
"history": "",
|
| 164 |
"last_amended": "2002-12-31",
|
| 165 |
"in_force": "2002-12-31",
|
| 166 |
"status": "in force",
|
| 167 |
"current_to": "2022-03-22",
|
| 168 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-8.html",
|
| 169 |
+
"id": "A-8.8-s8",
|
| 170 |
+
"text": "8\n(1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal.\n(2) [Deeming] Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation.",
|
| 171 |
+
"citation": "AAAMPA, s. 8"
|
| 172 |
},
|
| 173 |
{
|
|
|
|
| 174 |
"act_code": "A-8.8",
|
| 175 |
"act_short": "AAAMPA",
|
| 176 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 179 |
"part": "",
|
| 180 |
"division": "",
|
| 181 |
"heading": "Notices of Violation with Penalty",
|
| 182 |
+
"history": "",
|
| 183 |
+
"last_amended": "2002-12-31",
|
| 184 |
+
"in_force": "2002-12-31",
|
| 185 |
+
"status": "in force",
|
| 186 |
+
"current_to": "2022-03-22",
|
| 187 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-9.html",
|
| 188 |
+
"id": "A-8.8-s9",
|
| 189 |
"text": "9\n(1) Where a notice of violation sets out a penalty and the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in the notice that may be paid in lieu of the penalty,\n(a) the person is deemed to have committed the violation in respect of which the amount is paid;\n(b) the Minister shall accept that amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(2) [Alternatives to payment] Instead of paying the penalty set out in a notice of violation or, where applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner,\n(a) if the penalty is $2,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the agri-food Act or regulation to which the violation relates;\n(b) request a review by the Minister of the facts of the violation; or\n(c) request a review by the Tribunal of the facts of the violation.\n(3) [Deeming] Where a person who is served with a notice of violation that sets out a penalty does not pay the penalty in the prescribed time and manner or, where applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice.",
|
| 190 |
+
"citation": "AAAMPA, s. 9"
|
| 191 |
+
},
|
| 192 |
+
{
|
| 193 |
+
"act_code": "A-8.8",
|
| 194 |
+
"act_short": "AAAMPA",
|
| 195 |
+
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
| 196 |
+
"section": "10",
|
| 197 |
+
"marginal_note": "Compliance agreements",
|
| 198 |
+
"part": "",
|
| 199 |
+
"division": "",
|
| 200 |
+
"heading": "Compliance Agreements",
|
| 201 |
"history": "",
|
| 202 |
"last_amended": "2002-12-31",
|
| 203 |
"in_force": "2002-12-31",
|
| 204 |
"status": "in force",
|
| 205 |
"current_to": "2022-03-22",
|
| 206 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-10.html",
|
| 207 |
+
"id": "A-8.8-s10-p1",
|
| 208 |
+
"text": "10\n(1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may\n(a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and\n(b) provide for the reduction, in whole or in part, of the penalty for the violation.\n(2) [Deeming] A person who makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into.\n(3) [Where compliance agreement complied with] Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice,\n(a) the proceedings commenced in respect of the violation under section 7 are ended; and\n(b) any security given under the compliance agreement by the person shall be returned to the person.\n(4) [Where compliance agreement not complied with] Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that",
|
| 209 |
+
"citation": "AAAMPA, s. 10 (part 1 of 2)"
|
| 210 |
},
|
| 211 |
{
|
|
|
|
| 212 |
"act_code": "A-8.8",
|
| 213 |
"act_short": "AAAMPA",
|
| 214 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 217 |
"part": "",
|
| 218 |
"division": "",
|
| 219 |
"heading": "Compliance Agreements",
|
|
|
|
| 220 |
"history": "",
|
| 221 |
"last_amended": "2002-12-31",
|
| 222 |
"in_force": "2002-12-31",
|
| 223 |
"status": "in force",
|
| 224 |
"current_to": "2022-03-22",
|
| 225 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-10.html",
|
| 226 |
+
"id": "A-8.8-s10-p2",
|
| 227 |
+
"text": "(a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or\n(b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada.\n(5) [Effect of notice of default] On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and\n(a) the person served is liable to pay the amount set out in the notice; or\n(b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended.\n(6) [Effect of payment] Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,\n(a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
|
| 228 |
+
"citation": "AAAMPA, s. 10 (part 2 of 2)"
|
| 229 |
},
|
| 230 |
{
|
|
|
|
| 231 |
"act_code": "A-8.8",
|
| 232 |
"act_short": "AAAMPA",
|
| 233 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 236 |
"part": "",
|
| 237 |
"division": "",
|
| 238 |
"heading": "Compliance Agreements",
|
|
|
|
| 239 |
"history": "1995, c. 40, s. 11; 2015, c. 2, s. 117(E)",
|
| 240 |
"last_amended": "2015-02-27",
|
| 241 |
"in_force": "2015-02-27",
|
| 242 |
"status": "in force",
|
| 243 |
"current_to": "2022-03-22",
|
| 244 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-11.html",
|
| 245 |
+
"id": "A-8.8-s11",
|
| 246 |
+
"text": "11\n(1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner,\n(a) pay the amount of the penalty; or\n(b) request a review by the Tribunal of the facts of the violation.\n(2) [Effect of payment] Where a person pays the amount referred to in paragraph (1)(a),\n(a) the person is deemed to have committed the violation in respect of which the payment is made;\n(b) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(3) [Deeming] If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation.",
|
| 247 |
+
"citation": "AAAMPA, s. 11"
|
| 248 |
},
|
| 249 |
{
|
|
|
|
| 250 |
"act_code": "A-8.8",
|
| 251 |
"act_short": "AAAMPA",
|
| 252 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 255 |
"part": "",
|
| 256 |
"division": "",
|
| 257 |
"heading": "Review by Minister",
|
|
|
|
| 258 |
"history": "",
|
| 259 |
"last_amended": "2002-12-31",
|
| 260 |
"in_force": "2002-12-31",
|
| 261 |
"status": "in force",
|
| 262 |
"current_to": "2022-03-22",
|
| 263 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-12.html",
|
| 264 |
+
"id": "A-8.8-s12",
|
| 265 |
+
"text": "12\n(1) After concluding a review requested under section 8, the Minister shall determine whether or not the person committed the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, request a review of the Minister’s decision by the Tribunal.",
|
| 266 |
+
"citation": "AAAMPA, s. 12"
|
| 267 |
},
|
| 268 |
{
|
|
|
|
| 269 |
"act_code": "A-8.8",
|
| 270 |
"act_short": "AAAMPA",
|
| 271 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 274 |
"part": "",
|
| 275 |
"division": "",
|
| 276 |
"heading": "Review by Minister",
|
|
|
|
| 277 |
"history": "",
|
| 278 |
"last_amended": "2002-12-31",
|
| 279 |
"in_force": "2002-12-31",
|
| 280 |
"status": "in force",
|
| 281 |
"current_to": "2022-03-22",
|
| 282 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-13.html",
|
| 283 |
+
"id": "A-8.8-s13",
|
| 284 |
+
"text": "13\n(1) After concluding a review requested under paragraph 9(2)(b), the Minister shall determine whether or not the person requesting the review committed a violation and, where the Minister decides that the person committed a violation but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct the amount of the penalty for the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Payment or right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner,\n(a) pay the amount of the penalty set out in the notice referred to in subsection (1), in which case\n(i) the Minister shall accept the amount as and in complete satisfaction of the penalty, and\n(ii) the proceedings commenced in respect of the violation under section 7 are ended; or\n(b) request a review of the Minister’s decision by the Tribunal.",
|
| 285 |
+
"citation": "AAAMPA, s. 13"
|
| 286 |
},
|
| 287 |
{
|
|
|
|
| 288 |
"act_code": "A-8.8",
|
| 289 |
"act_short": "AAAMPA",
|
| 290 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 293 |
"part": "",
|
| 294 |
"division": "",
|
| 295 |
"heading": "Review by Tribunal",
|
|
|
|
| 296 |
"history": "",
|
| 297 |
"last_amended": "2002-12-31",
|
| 298 |
"in_force": "2002-12-31",
|
| 299 |
"status": "in force",
|
| 300 |
"current_to": "2022-03-22",
|
| 301 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-14.html",
|
| 302 |
+
"id": "A-8.8-s14",
|
| 303 |
+
"text": "14\n(1) After concluding a review requested under this Act, the Tribunal shall, by order, as the case may be,\n(a) confirm, vary or set aside any decision of the Minister under section 12 or 13, or\n(b) determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty,\nand the Tribunal shall cause a notice of any order made under this subsection to be served on the person who requested the review, and on the Minister.\n(2) [Payment] Where the Tribunal decides under subsection (1) that a person has committed a violation, the person is liable for the amount of the penalty as set out in the order of the Tribunal and, on the payment of that amount in the time and manner specified in the order,\n(a) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
|
| 304 |
+
"citation": "AAAMPA, s. 14"
|
| 305 |
},
|
| 306 |
{
|
|
|
|
| 307 |
"act_code": "A-8.8",
|
| 308 |
"act_short": "AAAMPA",
|
| 309 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 312 |
"part": "",
|
| 313 |
"division": "",
|
| 314 |
"heading": "Enforcement",
|
|
|
|
| 315 |
"history": "1995, c. 40, s. 15; 2012, c. 24, s. 101; 2015, c. 2, s. 118(F)",
|
| 316 |
"last_amended": "2019-01-15",
|
| 317 |
"in_force": "2015-02-27",
|
| 318 |
"status": "in force",
|
| 319 |
"current_to": "2022-03-22",
|
| 320 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-15.html",
|
| 321 |
+
"id": "A-8.8-s15",
|
| 322 |
+
"text": "15\n(1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:\n(a) the amount of a penalty, from the time the notice of violation setting out the penalty is served;\n(b) every amount undertaken to be paid pursuant to a compliance agreement entered into with the Minister under subsection 10(1), from the time the compliance agreement is entered into;\n(c) the amount set out in a notice of default referred to in subsection 10(4), from the time the notice is served;\n(d) the amount of a penalty as set out in a decision of the Minister under subsection 13(1), from the time the notice under that subsection is served;\n(e) the amount of a penalty as set out in an order of the Tribunal under subsection 14(1), from the expiration of the time specified in the order for the payment of that amount; and\n(f) the amount of any reasonable expenses incurred pursuant to section 22, from the date they are incurred.\n(2) [Time limit] No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.\n(3) [Debt final] A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14.",
|
| 323 |
+
"citation": "AAAMPA, s. 15"
|
| 324 |
},
|
| 325 |
{
|
|
|
|
| 326 |
"act_code": "A-8.8",
|
| 327 |
"act_short": "AAAMPA",
|
| 328 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 331 |
"part": "",
|
| 332 |
"division": "",
|
| 333 |
"heading": "Enforcement",
|
|
|
|
| 334 |
"history": "",
|
| 335 |
"last_amended": "2002-12-31",
|
| 336 |
"in_force": "2002-12-31",
|
| 337 |
"status": "in force",
|
| 338 |
"current_to": "2022-03-22",
|
| 339 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-16.html",
|
| 340 |
+
"id": "A-8.8-s16",
|
| 341 |
+
"text": "16\n(1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.\n(2) [Judgments] On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.",
|
| 342 |
+
"citation": "AAAMPA, s. 16"
|
| 343 |
},
|
| 344 |
{
|
|
|
|
| 345 |
"act_code": "A-8.8",
|
| 346 |
"act_short": "AAAMPA",
|
| 347 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 350 |
"part": "",
|
| 351 |
"division": "",
|
| 352 |
"heading": "Rules of Law About Violations",
|
|
|
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2002-12-31",
|
| 355 |
"in_force": "2002-12-31",
|
| 356 |
"status": "in force",
|
| 357 |
"current_to": "2022-03-22",
|
| 358 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-17.html",
|
| 359 |
+
"id": "A-8.8-s17",
|
| 360 |
+
"text": "17 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.",
|
| 361 |
+
"citation": "AAAMPA, s. 17"
|
| 362 |
},
|
| 363 |
{
|
|
|
|
| 364 |
"act_code": "A-8.8",
|
| 365 |
"act_short": "AAAMPA",
|
| 366 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 369 |
"part": "",
|
| 370 |
"division": "",
|
| 371 |
"heading": "Rules of Law About Violations",
|
|
|
|
| 372 |
"history": "",
|
| 373 |
"last_amended": "2002-12-31",
|
| 374 |
"in_force": "2002-12-31",
|
| 375 |
"status": "in force",
|
| 376 |
"current_to": "2022-03-22",
|
| 377 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-18.html",
|
| 378 |
+
"id": "A-8.8-s18",
|
| 379 |
+
"text": "18\n(1) A person named in a notice of violation does not have a defence by reason that the person\n(a) exercised due diligence to prevent the violation; or\n(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.\n(2) [Common law principles] Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under an agri-food Act applies in respect of a violation to the extent that it is not inconsistent with this Act.",
|
| 380 |
+
"citation": "AAAMPA, s. 18"
|
| 381 |
},
|
| 382 |
{
|
|
|
|
| 383 |
"act_code": "A-8.8",
|
| 384 |
"act_short": "AAAMPA",
|
| 385 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 388 |
"part": "",
|
| 389 |
"division": "",
|
| 390 |
"heading": "Rules of Law About Violations",
|
|
|
|
| 391 |
"history": "",
|
| 392 |
"last_amended": "2002-12-31",
|
| 393 |
"in_force": "2002-12-31",
|
| 394 |
"status": "in force",
|
| 395 |
"current_to": "2022-03-22",
|
| 396 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-19.html",
|
| 397 |
+
"id": "A-8.8-s19",
|
| 398 |
+
"text": "19 In every case where the facts of a violation are reviewed by the Minister or by the Tribunal, the Minister must establish, on a balance of probabilities, that the person named in the notice of violation committed the violation identified in the notice.",
|
| 399 |
+
"citation": "AAAMPA, s. 19"
|
| 400 |
},
|
| 401 |
{
|
|
|
|
| 402 |
"act_code": "A-8.8",
|
| 403 |
"act_short": "AAAMPA",
|
| 404 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 407 |
"part": "",
|
| 408 |
"division": "",
|
| 409 |
"heading": "Rules of Law About Violations",
|
|
|
|
| 410 |
"history": "",
|
| 411 |
"last_amended": "2002-12-31",
|
| 412 |
"in_force": "2002-12-31",
|
| 413 |
"status": "in force",
|
| 414 |
"current_to": "2022-03-22",
|
| 415 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-20.html",
|
| 416 |
+
"id": "A-8.8-s20",
|
| 417 |
+
"text": "20\n(1) The holder of a licence, certificate, letter of accreditation, permit, notice or other document issued under an agri-food Act is liable for a violation that is committed in respect of any matter relating to any activity or requirement under that document, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act.\n(2) [Vicarious liability — acts of employees and agents] A person is liable for a violation that is committed by any employee or agent of the person acting in the course of the employee’s employment or the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.",
|
| 418 |
+
"citation": "AAAMPA, s. 20"
|
| 419 |
},
|
| 420 |
{
|
|
|
|
| 421 |
"act_code": "A-8.8",
|
| 422 |
"act_short": "AAAMPA",
|
| 423 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 426 |
"part": "",
|
| 427 |
"division": "",
|
| 428 |
"heading": "Rules of Law About Violations",
|
|
|
|
| 429 |
"history": "",
|
| 430 |
"last_amended": "2002-12-31",
|
| 431 |
"in_force": "2002-12-31",
|
| 432 |
"status": "in force",
|
| 433 |
"current_to": "2022-03-22",
|
| 434 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-21.html",
|
| 435 |
+
"id": "A-8.8-s21",
|
| 436 |
+
"text": "21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.",
|
| 437 |
+
"citation": "AAAMPA, s. 21"
|
| 438 |
},
|
| 439 |
{
|
|
|
|
| 440 |
"act_code": "A-8.8",
|
| 441 |
"act_short": "AAAMPA",
|
| 442 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 445 |
"part": "",
|
| 446 |
"division": "",
|
| 447 |
"heading": "Rules of Law About Violations",
|
|
|
|
| 448 |
"history": "",
|
| 449 |
"last_amended": "2002-12-31",
|
| 450 |
"in_force": "2002-12-31",
|
| 451 |
"status": "in force",
|
| 452 |
"current_to": "2022-03-22",
|
| 453 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-22.html",
|
| 454 |
+
"id": "A-8.8-s22",
|
| 455 |
+
"text": "22 Where\n(a) a person is deemed by this Act to have committed a violation, or\n(b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner,\nanything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise.",
|
| 456 |
+
"citation": "AAAMPA, s. 22"
|
| 457 |
},
|
| 458 |
{
|
|
|
|
| 459 |
"act_code": "A-8.8",
|
| 460 |
"act_short": "AAAMPA",
|
| 461 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 464 |
"part": "",
|
| 465 |
"division": "",
|
| 466 |
"heading": "General Provisions",
|
|
|
|
| 467 |
"history": "",
|
| 468 |
"last_amended": "2002-12-31",
|
| 469 |
"in_force": "2002-12-31",
|
| 470 |
"status": "in force",
|
| 471 |
"current_to": "2022-03-22",
|
| 472 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-23.html",
|
| 473 |
+
"id": "A-8.8-s23",
|
| 474 |
+
"text": "23\n(1) Any notation of a violation shall, on application by the person who committed the violation, be removed from any records that may be kept by the Minister respecting that person after the expiration of five years from\n(a) where the notice of violation contained a warning, the date the notice was served, or\n(b) in any other case, the payment of any debt referred to in subsection 15(1),\nunless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection.\n(2) [Duty to notify] The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1).",
|
| 475 |
+
"citation": "AAAMPA, s. 23"
|
| 476 |
},
|
| 477 |
{
|
|
|
|
| 478 |
"act_code": "A-8.8",
|
| 479 |
"act_short": "AAAMPA",
|
| 480 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 483 |
"part": "",
|
| 484 |
"division": "",
|
| 485 |
"heading": "General Provisions",
|
|
|
|
| 486 |
"history": "",
|
| 487 |
"last_amended": "2002-12-31",
|
| 488 |
"in_force": "2002-12-31",
|
| 489 |
"status": "in force",
|
| 490 |
"current_to": "2022-03-22",
|
| 491 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-24.html",
|
| 492 |
+
"id": "A-8.8-s24",
|
| 493 |
+
"text": "24 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations.",
|
| 494 |
+
"citation": "AAAMPA, s. 24"
|
| 495 |
},
|
| 496 |
{
|
|
|
|
| 497 |
"act_code": "A-8.8",
|
| 498 |
"act_short": "AAAMPA",
|
| 499 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 502 |
"part": "",
|
| 503 |
"division": "",
|
| 504 |
"heading": "General Provisions",
|
|
|
|
| 505 |
"history": "",
|
| 506 |
"last_amended": "2002-12-31",
|
| 507 |
"in_force": "2002-12-31",
|
| 508 |
"status": "in force",
|
| 509 |
"current_to": "2022-03-22",
|
| 510 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-25.html",
|
| 511 |
+
"id": "A-8.8-s25",
|
| 512 |
+
"text": "25 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.",
|
| 513 |
+
"citation": "AAAMPA, s. 25"
|
| 514 |
},
|
| 515 |
{
|
|
|
|
| 516 |
"act_code": "A-8.8",
|
| 517 |
"act_short": "AAAMPA",
|
| 518 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 521 |
"part": "",
|
| 522 |
"division": "",
|
| 523 |
"heading": "General Provisions",
|
|
|
|
| 524 |
"history": "1995, c. 40, s. 26; 2015, c. 2, s. 119",
|
| 525 |
"last_amended": "2015-02-27",
|
| 526 |
"in_force": "2015-02-27",
|
| 527 |
"status": "in force",
|
| 528 |
"current_to": "2022-03-22",
|
| 529 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-26.html",
|
| 530 |
+
"id": "A-8.8-s26",
|
| 531 |
+
"text": "26 No proceedings in respect of a violation may be commenced later than\n(a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or\n(b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation.",
|
| 532 |
+
"citation": "AAAMPA, s. 26"
|
| 533 |
},
|
| 534 |
{
|
|
|
|
| 535 |
"act_code": "A-8.8",
|
| 536 |
"act_short": "AAAMPA",
|
| 537 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 540 |
"part": "",
|
| 541 |
"division": "",
|
| 542 |
"heading": "Composition",
|
|
|
|
| 543 |
"history": "1995, c. 40, s. 27; 2012, c. 24, s. 102",
|
| 544 |
"last_amended": "2019-01-15",
|
| 545 |
"in_force": "2019-01-15",
|
| 546 |
"status": "in force",
|
| 547 |
"current_to": "2022-03-22",
|
| 548 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-27.html",
|
| 549 |
+
"id": "A-8.8-s27",
|
| 550 |
+
"text": "27\n(1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued.\n(2) [Composition] The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson.",
|
| 551 |
+
"citation": "AAAMPA, s. 27"
|
| 552 |
},
|
| 553 |
{
|
|
|
|
| 554 |
"act_code": "A-8.8",
|
| 555 |
"act_short": "AAAMPA",
|
| 556 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 559 |
"part": "",
|
| 560 |
"division": "",
|
| 561 |
"heading": "Composition",
|
|
|
|
| 562 |
"history": "1995, c. 40, s. 28; 2012, c. 24, s. 102",
|
| 563 |
"last_amended": "2019-01-15",
|
| 564 |
"in_force": "2019-01-15",
|
| 565 |
"status": "in force",
|
| 566 |
"current_to": "2022-03-22",
|
| 567 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-28.html",
|
| 568 |
+
"id": "A-8.8-s28",
|
| 569 |
+
"text": "28 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.",
|
| 570 |
+
"citation": "AAAMPA, s. 28"
|
| 571 |
},
|
| 572 |
{
|
|
|
|
| 573 |
"act_code": "A-8.8",
|
| 574 |
"act_short": "AAAMPA",
|
| 575 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 578 |
"part": "",
|
| 579 |
"division": "",
|
| 580 |
"heading": "Composition",
|
|
|
|
| 581 |
"history": "1995, c. 40, s. 29; 2012, c. 24, s. 102",
|
| 582 |
"last_amended": "2019-01-15",
|
| 583 |
"in_force": "2019-01-15",
|
| 584 |
"status": "in force",
|
| 585 |
"current_to": "2022-03-22",
|
| 586 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-29.html",
|
| 587 |
+
"id": "A-8.8-s29",
|
| 588 |
+
"text": "29 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.",
|
| 589 |
+
"citation": "AAAMPA, s. 29"
|
| 590 |
},
|
| 591 |
{
|
|
|
|
| 592 |
"act_code": "A-8.8",
|
| 593 |
"act_short": "AAAMPA",
|
| 594 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 597 |
"part": "",
|
| 598 |
"division": "",
|
| 599 |
"heading": "Composition",
|
|
|
|
| 600 |
"history": "1995, c. 40, s. 30; 2012, c. 24, s. 102",
|
| 601 |
"last_amended": "2019-01-15",
|
| 602 |
"in_force": "2019-01-15",
|
| 603 |
"status": "in force",
|
| 604 |
"current_to": "2022-03-22",
|
| 605 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-30.html",
|
| 606 |
+
"id": "A-8.8-s30",
|
| 607 |
+
"text": "30\n(1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.\n(2) [Re-appointment] Each member may be re-appointed as a member in the same or another capacity.",
|
| 608 |
+
"citation": "AAAMPA, s. 30"
|
| 609 |
},
|
| 610 |
{
|
|
|
|
| 611 |
"act_code": "A-8.8",
|
| 612 |
"act_short": "AAAMPA",
|
| 613 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 616 |
"part": "",
|
| 617 |
"division": "",
|
| 618 |
"heading": "Composition",
|
|
|
|
| 619 |
"history": "1995, c. 40, s. 31; 2012, c. 24, s. 102",
|
| 620 |
"last_amended": "2019-01-15",
|
| 621 |
"in_force": "2019-01-15",
|
| 622 |
"status": "in force",
|
| 623 |
"current_to": "2022-03-22",
|
| 624 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-31.html",
|
| 625 |
+
"id": "A-8.8-s31",
|
| 626 |
+
"text": "31 A member must not hold any other office in the federal public administration.",
|
| 627 |
+
"citation": "AAAMPA, s. 31"
|
| 628 |
},
|
| 629 |
{
|
|
|
|
| 630 |
"act_code": "A-8.8",
|
| 631 |
"act_short": "AAAMPA",
|
| 632 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 635 |
"part": "",
|
| 636 |
"division": "",
|
| 637 |
"heading": "Composition",
|
|
|
|
| 638 |
"history": "1995, c. 40, s. 32; 2012, c. 24, s. 102",
|
| 639 |
"last_amended": "2019-01-15",
|
| 640 |
"in_force": "2019-01-15",
|
| 641 |
"status": "in force",
|
| 642 |
"current_to": "2022-03-22",
|
| 643 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-32.html",
|
| 644 |
+
"id": "A-8.8-s32",
|
| 645 |
+
"text": "32 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.",
|
| 646 |
+
"citation": "AAAMPA, s. 32"
|
| 647 |
},
|
| 648 |
{
|
|
|
|
| 649 |
"act_code": "A-8.8",
|
| 650 |
"act_short": "AAAMPA",
|
| 651 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 654 |
"part": "",
|
| 655 |
"division": "",
|
| 656 |
"heading": "Chairperson",
|
|
|
|
| 657 |
"history": "1995, c. 40, s. 33; 2012, c. 24, s. 102; 2014, c. 20, s. 480",
|
| 658 |
"last_amended": "2019-01-15",
|
| 659 |
"in_force": "2019-01-15",
|
| 660 |
"status": "in force",
|
| 661 |
"current_to": "2022-03-22",
|
| 662 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-33.html",
|
| 663 |
+
"id": "A-8.8-s33",
|
| 664 |
+
"text": "33\n(1) The Chairperson apportions work among the Tribunal’s members.\n(2) [Absence or incapacity of Chairperson] If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.",
|
| 665 |
+
"citation": "AAAMPA, s. 33"
|
| 666 |
},
|
| 667 |
{
|
|
|
|
| 668 |
"act_code": "A-8.8",
|
| 669 |
"act_short": "AAAMPA",
|
| 670 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 673 |
"part": "",
|
| 674 |
"division": "",
|
| 675 |
"heading": "Remuneration and Expenses",
|
|
|
|
| 676 |
"history": "1995, c. 40, s. 34; 2012, c. 24, s. 102",
|
| 677 |
"last_amended": "2019-01-15",
|
| 678 |
"in_force": "2019-01-15",
|
| 679 |
"status": "in force",
|
| 680 |
"current_to": "2022-03-22",
|
| 681 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-34.html",
|
| 682 |
+
"id": "A-8.8-s34",
|
| 683 |
+
"text": "34\n(1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.\n(2) [Travel and living expenses] Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.",
|
| 684 |
+
"citation": "AAAMPA, s. 34"
|
| 685 |
},
|
| 686 |
{
|
|
|
|
| 687 |
"act_code": "A-8.8",
|
| 688 |
"act_short": "AAAMPA",
|
| 689 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 692 |
"part": "",
|
| 693 |
"division": "",
|
| 694 |
"heading": "Remuneration and Expenses",
|
|
|
|
| 695 |
"history": "",
|
| 696 |
"last_amended": "2019-01-15",
|
| 697 |
"in_force": "2019-01-15",
|
| 698 |
"status": "repealed",
|
| 699 |
"current_to": "2022-03-22",
|
| 700 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-35.html",
|
| 701 |
+
"id": "A-8.8-s35",
|
| 702 |
+
"text": "35 [Repealed, 2014, c. 20, s. 480]",
|
| 703 |
+
"citation": "AAAMPA, s. 35"
|
| 704 |
},
|
| 705 |
{
|
|
|
|
| 706 |
"act_code": "A-8.8",
|
| 707 |
"act_short": "AAAMPA",
|
| 708 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 711 |
"part": "",
|
| 712 |
"division": "",
|
| 713 |
"heading": "Remuneration and Expenses",
|
|
|
|
| 714 |
"history": "",
|
| 715 |
"last_amended": "2019-01-15",
|
| 716 |
"in_force": "2019-01-15",
|
| 717 |
"status": "repealed",
|
| 718 |
"current_to": "2022-03-22",
|
| 719 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-36.html",
|
| 720 |
+
"id": "A-8.8-s36",
|
| 721 |
+
"text": "36 [Repealed, 2014, c. 20, s. 480]",
|
| 722 |
+
"citation": "AAAMPA, s. 36"
|
| 723 |
},
|
| 724 |
{
|
|
|
|
| 725 |
"act_code": "A-8.8",
|
| 726 |
"act_short": "AAAMPA",
|
| 727 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 730 |
"part": "",
|
| 731 |
"division": "",
|
| 732 |
"heading": "Head Office",
|
|
|
|
| 733 |
"history": "1995, c. 40, s. 37; 2012, c. 24, s. 102",
|
| 734 |
"last_amended": "2019-01-15",
|
| 735 |
"in_force": "2019-01-15",
|
| 736 |
"status": "in force",
|
| 737 |
"current_to": "2022-03-22",
|
| 738 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-37.html",
|
| 739 |
+
"id": "A-8.8-s37",
|
| 740 |
+
"text": "37\n(1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.\n(2) [Sittings] The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.",
|
| 741 |
+
"citation": "AAAMPA, s. 37"
|
| 742 |
},
|
| 743 |
{
|
|
|
|
| 744 |
"act_code": "A-8.8",
|
| 745 |
"act_short": "AAAMPA",
|
| 746 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 749 |
"part": "",
|
| 750 |
"division": "",
|
| 751 |
"heading": "Jurisdiction",
|
|
|
|
| 752 |
"history": "1995, c. 40, s. 38; 2012, c. 24, s. 102",
|
| 753 |
"last_amended": "2019-01-15",
|
| 754 |
"in_force": "2019-01-15",
|
| 755 |
"status": "in force",
|
| 756 |
"current_to": "2022-03-22",
|
| 757 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-38.html",
|
| 758 |
+
"id": "A-8.8-s38",
|
| 759 |
+
"text": "38\n(1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.\n(2) [Review by Federal Court] An order of the Tribunal may only be reviewed under the Federal Courts Act.",
|
| 760 |
+
"citation": "AAAMPA, s. 38"
|
| 761 |
},
|
| 762 |
{
|
|
|
|
| 763 |
"act_code": "A-8.8",
|
| 764 |
"act_short": "AAAMPA",
|
| 765 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 768 |
"part": "",
|
| 769 |
"division": "",
|
| 770 |
"heading": "Jurisdiction",
|
|
|
|
| 771 |
"history": "1995, c. 40, s. 39; 2012, c. 24, s. 102",
|
| 772 |
"last_amended": "2019-01-15",
|
| 773 |
"in_force": "2019-01-15",
|
| 774 |
"status": "in force",
|
| 775 |
"current_to": "2022-03-22",
|
| 776 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-39.html",
|
| 777 |
+
"id": "A-8.8-s39",
|
| 778 |
+
"text": "39\n(1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:\n(a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and\n(b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.\n(2) [Other legally qualified members] The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.",
|
| 779 |
+
"citation": "AAAMPA, s. 39"
|
| 780 |
},
|
| 781 |
{
|
|
|
|
| 782 |
"act_code": "A-8.8",
|
| 783 |
"act_short": "AAAMPA",
|
| 784 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 787 |
"part": "",
|
| 788 |
"division": "",
|
| 789 |
"heading": "Jurisdiction",
|
|
|
|
| 790 |
"history": "1995, c. 40, s. 40; 2012, c. 24, s. 102",
|
| 791 |
"last_amended": "2019-01-15",
|
| 792 |
"in_force": "2019-01-15",
|
| 793 |
"status": "in force",
|
| 794 |
"current_to": "2022-03-22",
|
| 795 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-40.html",
|
| 796 |
+
"id": "A-8.8-s40",
|
| 797 |
+
"text": "40 Reviews by the Tribunal are to be heard by a single member.",
|
| 798 |
+
"citation": "AAAMPA, s. 40"
|
| 799 |
},
|
| 800 |
{
|
|
|
|
| 801 |
"act_code": "A-8.8",
|
| 802 |
"act_short": "AAAMPA",
|
| 803 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 806 |
"part": "",
|
| 807 |
"division": "",
|
| 808 |
"heading": "Powers",
|
|
|
|
| 809 |
"history": "1995, c. 40, s. 41; 2012, c. 24, s. 102",
|
| 810 |
"last_amended": "2019-01-15",
|
| 811 |
"in_force": "2019-01-15",
|
| 812 |
"status": "in force",
|
| 813 |
"current_to": "2022-03-22",
|
| 814 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-41.html",
|
| 815 |
+
"id": "A-8.8-s41",
|
| 816 |
+
"text": "41\n(1) The Tribunal is a court of record with an official seal that must be judicially noticed.\n(2) [Examination of witnesses, etc.] In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may\n(a) issue a summons requiring a person\n(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and\n(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;\n(b) administer oaths and examine any person on oath; and\n(c) during a hearing, receive any evidence that it considers relevant and trustworthy.",
|
| 817 |
+
"citation": "AAAMPA, s. 41"
|
| 818 |
},
|
| 819 |
{
|
|
|
|
| 820 |
"act_code": "A-8.8",
|
| 821 |
"act_short": "AAAMPA",
|
| 822 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 825 |
"part": "",
|
| 826 |
"division": "",
|
| 827 |
"heading": "Rules",
|
|
|
|
| 828 |
"history": "1995, c. 40, s. 42; 2012, c. 24, s. 102",
|
| 829 |
"last_amended": "2019-01-15",
|
| 830 |
"in_force": "2019-01-15",
|
| 831 |
"status": "in force",
|
| 832 |
"current_to": "2022-03-22",
|
| 833 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-42.html",
|
| 834 |
+
"id": "A-8.8-s42",
|
| 835 |
+
"text": "42 The Tribunal may, with the approval of the Governor in Council, make rules governing\n(a) the practice and procedure in respect of hearings;\n(b) the time and manner in which applications and notices must be made or given; and\n(c) the work of the Tribunal under this or any other Act of Parliament.",
|
| 836 |
+
"citation": "AAAMPA, s. 42"
|
| 837 |
},
|
| 838 |
{
|
|
|
|
| 839 |
"act_code": "A-8.8",
|
| 840 |
"act_short": "AAAMPA",
|
| 841 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 844 |
"part": "",
|
| 845 |
"division": "",
|
| 846 |
"heading": "General",
|
|
|
|
| 847 |
"history": "1995, c. 40, s. 43; 2012, c. 24, s. 102",
|
| 848 |
"last_amended": "2019-01-15",
|
| 849 |
"in_force": "2019-01-15",
|
| 850 |
"status": "in force",
|
| 851 |
"current_to": "2022-03-22",
|
| 852 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-43.html",
|
| 853 |
+
"id": "A-8.8-s43",
|
| 854 |
+
"text": "43 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.",
|
| 855 |
+
"citation": "AAAMPA, s. 43"
|
| 856 |
},
|
| 857 |
{
|
|
|
|
| 858 |
"act_code": "A-8.8",
|
| 859 |
"act_short": "AAAMPA",
|
| 860 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 863 |
"part": "",
|
| 864 |
"division": "",
|
| 865 |
"heading": "General",
|
|
|
|
| 866 |
"history": "1995, c. 40, s. 44; 2012, c. 24, s. 102",
|
| 867 |
"last_amended": "2019-01-15",
|
| 868 |
"in_force": "2019-01-15",
|
| 869 |
"status": "in force",
|
| 870 |
"current_to": "2022-03-22",
|
| 871 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-44.html",
|
| 872 |
+
"id": "A-8.8-s44",
|
| 873 |
+
"text": "44 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.",
|
| 874 |
+
"citation": "AAAMPA, s. 44"
|
| 875 |
},
|
| 876 |
{
|
|
|
|
| 877 |
"act_code": "A-8.8",
|
| 878 |
"act_short": "AAAMPA",
|
| 879 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 882 |
"part": "",
|
| 883 |
"division": "",
|
| 884 |
"heading": "General",
|
|
|
|
| 885 |
"history": "1995, c. 40, s. 45; 2012, c. 24, s. 102",
|
| 886 |
"last_amended": "2019-01-15",
|
| 887 |
"in_force": "2019-01-15",
|
| 888 |
"status": "in force",
|
| 889 |
"current_to": "2022-03-22",
|
| 890 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-45.html",
|
| 891 |
+
"id": "A-8.8-s45",
|
| 892 |
+
"text": "45 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.",
|
| 893 |
+
"citation": "AAAMPA, s. 45"
|
| 894 |
},
|
| 895 |
{
|
|
|
|
| 896 |
"act_code": "A-8.8",
|
| 897 |
"act_short": "AAAMPA",
|
| 898 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 901 |
"part": "",
|
| 902 |
"division": "",
|
| 903 |
"heading": "General",
|
|
|
|
| 904 |
"history": "",
|
| 905 |
"last_amended": "2019-01-15",
|
| 906 |
"in_force": "2019-01-15",
|
| 907 |
"status": "in force",
|
| 908 |
"current_to": "2022-03-22",
|
| 909 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-46 to 89.html",
|
| 910 |
+
"id": "A-8.8-s46 to 89",
|
| 911 |
+
"text": "46 to 89 [Repealed, 2012, c. 24, s. 102]",
|
| 912 |
+
"citation": "AAAMPA, s. 46 to 89"
|
| 913 |
},
|
| 914 |
{
|
|
|
|
| 915 |
"act_code": "A-8.8",
|
| 916 |
"act_short": "AAAMPA",
|
| 917 |
"act_name": "Agriculture and Agri-Food Administrative Monetary Penalties Act",
|
|
|
|
| 920 |
"part": "",
|
| 921 |
"division": "",
|
| 922 |
"heading": "General",
|
|
|
|
| 923 |
"history": "",
|
| 924 |
"last_amended": "2019-01-15",
|
| 925 |
"in_force": "2019-01-15",
|
| 926 |
"status": "repealed",
|
| 927 |
"current_to": "2022-03-22",
|
| 928 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-90.html",
|
| 929 |
+
"id": "A-8.8-s90",
|
| 930 |
+
"text": "90 [Repealed, 2012, c. 24, s. 102]",
|
| 931 |
+
"citation": "AAAMPA, s. 90"
|
| 932 |
}
|
| 933 |
]
|
|
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|
@@ -1,6 +1,5 @@
|
|
| 1 |
[
|
| 2 |
{
|
| 3 |
-
"id": "P-33.35-s1",
|
| 4 |
"act_code": "P-33.35",
|
| 5 |
"act_short": "FPSLREB Act",
|
| 6 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -9,17 +8,17 @@
|
|
| 9 |
"part": "",
|
| 10 |
"division": "",
|
| 11 |
"heading": "Short Title",
|
| 12 |
-
"text": "1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act.",
|
| 13 |
"history": "2013, c. 40, s. 365 “1”; 2017, c. 9, s. 36",
|
| 14 |
"last_amended": "2017-06-19",
|
| 15 |
"in_force": "2017-06-19",
|
| 16 |
"status": "in force",
|
| 17 |
"current_to": "2026-05-26",
|
| 18 |
-
"
|
| 19 |
-
"
|
|
|
|
|
|
|
| 20 |
},
|
| 21 |
{
|
| 22 |
-
"id": "P-33.35-s2",
|
| 23 |
"act_code": "P-33.35",
|
| 24 |
"act_short": "FPSLREB Act",
|
| 25 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -28,17 +27,17 @@
|
|
| 28 |
"part": "",
|
| 29 |
"division": "",
|
| 30 |
"heading": "Interpretation",
|
| 31 |
-
"text": "2 The following definitions apply in this Act.\nbargaining agent has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (agent négociateur)\nemployer has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (employeur)\nMinister means the Minister who is designated under section 3. (ministre)",
|
| 32 |
"history": "2013, c. 40, s. 365 “2”; 2017, c. 9, s. 55",
|
| 33 |
"last_amended": "2017-06-19",
|
| 34 |
"in_force": "2017-06-19",
|
| 35 |
"status": "in force",
|
| 36 |
"current_to": "2026-05-26",
|
| 37 |
-
"
|
| 38 |
-
"
|
|
|
|
|
|
|
| 39 |
},
|
| 40 |
{
|
| 41 |
-
"id": "P-33.35-s3",
|
| 42 |
"act_code": "P-33.35",
|
| 43 |
"act_short": "FPSLREB Act",
|
| 44 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -47,17 +46,17 @@
|
|
| 47 |
"part": "",
|
| 48 |
"division": "",
|
| 49 |
"heading": "Designation of Minister",
|
| 50 |
-
"text": "3 The Governor in Council may, by order, designate any federal minister, other than a member of the Treasury Board, to be the Minister referred to in this Act.",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2014-11-01",
|
| 53 |
"in_force": "2014-11-01",
|
| 54 |
"status": "in force",
|
| 55 |
"current_to": "2026-05-26",
|
| 56 |
-
"
|
| 57 |
-
"
|
|
|
|
|
|
|
| 58 |
},
|
| 59 |
{
|
| 60 |
-
"id": "P-33.35-s4",
|
| 61 |
"act_code": "P-33.35",
|
| 62 |
"act_short": "FPSLREB Act",
|
| 63 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -66,17 +65,17 @@
|
|
| 66 |
"part": "",
|
| 67 |
"division": "",
|
| 68 |
"heading": "Continuance and Composition",
|
| 69 |
-
"text": "4\n(1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board.\n(2) [Board’s composition] The Board is composed of\n(a) a Chairperson, who is to hold office on a full-time basis;\n(b) not more than two Vice-chairpersons, who are to hold office on a full-time basis;\n(c) not more than 12 other members who are to hold office on a full-time basis; and\n(d) any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions.",
|
| 70 |
"history": "2013, c. 40, s. 365 “4”; 2017, c. 9, s. 38",
|
| 71 |
"last_amended": "2017-06-19",
|
| 72 |
"in_force": "2017-06-19",
|
| 73 |
"status": "in force",
|
| 74 |
"current_to": "2026-05-26",
|
| 75 |
-
"
|
| 76 |
-
"
|
|
|
|
|
|
|
| 77 |
},
|
| 78 |
{
|
| 79 |
-
"id": "P-33.35-s5",
|
| 80 |
"act_code": "P-33.35",
|
| 81 |
"act_short": "FPSLREB Act",
|
| 82 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -85,17 +84,17 @@
|
|
| 85 |
"part": "",
|
| 86 |
"division": "",
|
| 87 |
"heading": "Appointment of Members",
|
| 88 |
-
"text": "5\n(1) To be eligible to hold office as a member, a person must\n(a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;\n(b) not hold any other office or employment under the employer;\n(c) not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is certified as a bargaining agent; and\n(d) not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions.\n(2) [Exception] Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board.",
|
| 89 |
"history": "2013, c. 40, s. 365 “5”; 2017, c. 9, s. 55",
|
| 90 |
"last_amended": "2017-06-19",
|
| 91 |
"in_force": "2017-06-19",
|
| 92 |
"status": "in force",
|
| 93 |
"current_to": "2026-05-26",
|
| 94 |
-
"
|
| 95 |
-
"
|
|
|
|
|
|
|
| 96 |
},
|
| 97 |
{
|
| 98 |
-
"id": "P-33.35-s6",
|
| 99 |
"act_code": "P-33.35",
|
| 100 |
"act_short": "FPSLREB Act",
|
| 101 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -104,17 +103,17 @@
|
|
| 104 |
"part": "",
|
| 105 |
"division": "",
|
| 106 |
"heading": "Appointment of Members",
|
| 107 |
-
"text": "6\n(1) Every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.\n(1.1) [Knowledge of police organizations] In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.\n(2) [Contents] The Chairperson must set out on the list\n(a) the names of all eligible persons who are recommended by the employer;\n(b) the names of all eligible persons who are recommended by the bargaining agents; and\n(c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.\n(3) [Equal numbers] The appointment of members, other than the Chairperson and the Vice-chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.\n(4) [Non-representative Board] Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions.",
|
| 108 |
"history": "2013, c. 40, s. 365 “6”; 2017, c. 9, s. 39",
|
| 109 |
"last_amended": "2017-06-19",
|
| 110 |
"in_force": "2017-06-19",
|
| 111 |
"status": "in force",
|
| 112 |
"current_to": "2026-05-26",
|
| 113 |
-
"
|
| 114 |
-
"
|
|
|
|
|
|
|
| 115 |
},
|
| 116 |
{
|
| 117 |
-
"id": "P-33.35-s7",
|
| 118 |
"act_code": "P-33.35",
|
| 119 |
"act_short": "FPSLREB Act",
|
| 120 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -123,17 +122,17 @@
|
|
| 123 |
"part": "",
|
| 124 |
"division": "",
|
| 125 |
"heading": "Appointment of Members",
|
| 126 |
-
"text": "7 A full-time member must reside in the National Capital Region as it is described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2014-11-01",
|
| 129 |
"in_force": "2014-11-01",
|
| 130 |
"status": "in force",
|
| 131 |
"current_to": "2026-05-26",
|
| 132 |
-
"
|
| 133 |
-
"
|
|
|
|
|
|
|
| 134 |
},
|
| 135 |
{
|
| 136 |
-
"id": "P-33.35-s8",
|
| 137 |
"act_code": "P-33.35",
|
| 138 |
"act_short": "FPSLREB Act",
|
| 139 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -142,17 +141,17 @@
|
|
| 142 |
"part": "",
|
| 143 |
"division": "",
|
| 144 |
"heading": "Appointment of Members",
|
| 145 |
-
"text": "8\n(1) Each member is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office during good behaviour and may be removed by the Governor in Council for cause.\n(2) [Term of office] A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years.\n(3) [Reappointment] A member is eligible for reappointment on the expiry of any term of office.\n(4) [Completion of duties and functions] A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2014-11-01",
|
| 148 |
"in_force": "2014-11-01",
|
| 149 |
"status": "in force",
|
| 150 |
"current_to": "2026-05-26",
|
| 151 |
-
"
|
| 152 |
-
"
|
|
|
|
|
|
|
| 153 |
},
|
| 154 |
{
|
| 155 |
-
"id": "P-33.35-s9",
|
| 156 |
"act_code": "P-33.35",
|
| 157 |
"act_short": "FPSLREB Act",
|
| 158 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -161,17 +160,17 @@
|
|
| 161 |
"part": "",
|
| 162 |
"division": "",
|
| 163 |
"heading": "Appointment of Members",
|
| 164 |
-
"text": "9 Before beginning their duties or functions, a person who is appointed as a member of the Board must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:\nI, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or Chairperson or Vice-chairperson) of the Federal Public Sector Labour Relations and Employment Board.",
|
| 165 |
"history": "2013, c. 40, s. 365 “9”; 2017, c. 9, s. 57",
|
| 166 |
"last_amended": "2017-06-19",
|
| 167 |
"in_force": "2017-06-19",
|
| 168 |
"status": "in force",
|
| 169 |
"current_to": "2026-05-26",
|
| 170 |
-
"
|
| 171 |
-
"
|
|
|
|
|
|
|
| 172 |
},
|
| 173 |
{
|
| 174 |
-
"id": "P-33.35-s10",
|
| 175 |
"act_code": "P-33.35",
|
| 176 |
"act_short": "FPSLREB Act",
|
| 177 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -180,17 +179,17 @@
|
|
| 180 |
"part": "",
|
| 181 |
"division": "",
|
| 182 |
"heading": "Remuneration",
|
| 183 |
-
"text": "10 Every member and former member referred to in subsection 8(4)\n(a) is to be paid the remuneration that may be determined by the Governor in Council; and\n(b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2014-11-01",
|
| 186 |
"in_force": "2014-11-01",
|
| 187 |
"status": "in force",
|
| 188 |
"current_to": "2026-05-26",
|
| 189 |
-
"
|
| 190 |
-
"
|
|
|
|
|
|
|
| 191 |
},
|
| 192 |
{
|
| 193 |
-
"id": "P-33.35-s11",
|
| 194 |
"act_code": "P-33.35",
|
| 195 |
"act_short": "FPSLREB Act",
|
| 196 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -199,17 +198,17 @@
|
|
| 199 |
"part": "",
|
| 200 |
"division": "",
|
| 201 |
"heading": "Application of Other Acts",
|
| 202 |
-
"text": "11 A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2014-11-01",
|
| 205 |
"in_force": "2014-11-01",
|
| 206 |
"status": "in force",
|
| 207 |
"current_to": "2026-05-26",
|
| 208 |
-
"
|
| 209 |
-
"
|
|
|
|
|
|
|
| 210 |
},
|
| 211 |
{
|
| 212 |
-
"id": "P-33.35-s12",
|
| 213 |
"act_code": "P-33.35",
|
| 214 |
"act_short": "FPSLREB Act",
|
| 215 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -218,17 +217,17 @@
|
|
| 218 |
"part": "",
|
| 219 |
"division": "",
|
| 220 |
"heading": "Application of Other Acts",
|
| 221 |
-
"text": "12 A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2014-11-01",
|
| 224 |
"in_force": "2014-11-01",
|
| 225 |
"status": "in force",
|
| 226 |
"current_to": "2026-05-26",
|
| 227 |
-
"
|
| 228 |
-
"
|
|
|
|
|
|
|
| 229 |
},
|
| 230 |
{
|
| 231 |
-
"id": "P-33.35-s13",
|
| 232 |
"act_code": "P-33.35",
|
| 233 |
"act_short": "FPSLREB Act",
|
| 234 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -237,17 +236,17 @@
|
|
| 237 |
"part": "",
|
| 238 |
"division": "",
|
| 239 |
"heading": "Head Office and Meetings",
|
| 240 |
-
"text": "13 The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act.",
|
| 241 |
"history": "2013, c. 40, s. 365 “13”; 2014, c. 20, s. 471",
|
| 242 |
"last_amended": "2014-11-01",
|
| 243 |
"in_force": "2014-11-01",
|
| 244 |
"status": "in force",
|
| 245 |
"current_to": "2026-05-26",
|
| 246 |
-
"
|
| 247 |
-
"
|
|
|
|
|
|
|
| 248 |
},
|
| 249 |
{
|
| 250 |
-
"id": "P-33.35-s14",
|
| 251 |
"act_code": "P-33.35",
|
| 252 |
"act_short": "FPSLREB Act",
|
| 253 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -256,17 +255,17 @@
|
|
| 256 |
"part": "",
|
| 257 |
"division": "",
|
| 258 |
"heading": "Head Office and Meetings",
|
| 259 |
-
"text": "14 In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2014-11-01",
|
| 262 |
"in_force": "2014-11-01",
|
| 263 |
"status": "in force",
|
| 264 |
"current_to": "2026-05-26",
|
| 265 |
-
"
|
| 266 |
-
"
|
|
|
|
|
|
|
| 267 |
},
|
| 268 |
{
|
| 269 |
-
"id": "P-33.35-s15",
|
| 270 |
"act_code": "P-33.35",
|
| 271 |
"act_short": "FPSLREB Act",
|
| 272 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -275,17 +274,17 @@
|
|
| 275 |
"part": "",
|
| 276 |
"division": "",
|
| 277 |
"heading": "Head Office and Meetings",
|
| 278 |
-
"text": "15\n(1) Meetings of the Board are to be held at any date, time and place that the Chairperson considers appropriate for the conduct of the Board’s business.\n(2) [Off-site participation] A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2014-11-01",
|
| 281 |
"in_force": "2014-11-01",
|
| 282 |
"status": "in force",
|
| 283 |
"current_to": "2026-05-26",
|
| 284 |
-
"
|
| 285 |
-
"
|
|
|
|
|
|
|
| 286 |
},
|
| 287 |
{
|
| 288 |
-
"id": "P-33.35-s16",
|
| 289 |
"act_code": "P-33.35",
|
| 290 |
"act_short": "FPSLREB Act",
|
| 291 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -294,17 +293,17 @@
|
|
| 294 |
"part": "",
|
| 295 |
"division": "",
|
| 296 |
"heading": "Head Office and Meetings",
|
| 297 |
-
"text": "16 The Chairperson, one Vice-chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2014-11-01",
|
| 300 |
"in_force": "2014-11-01",
|
| 301 |
"status": "in force",
|
| 302 |
"current_to": "2026-05-26",
|
| 303 |
-
"
|
| 304 |
-
"
|
|
|
|
|
|
|
| 305 |
},
|
| 306 |
{
|
| 307 |
-
"id": "P-33.35-s17",
|
| 308 |
"act_code": "P-33.35",
|
| 309 |
"act_short": "FPSLREB Act",
|
| 310 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -313,17 +312,17 @@
|
|
| 313 |
"part": "",
|
| 314 |
"division": "",
|
| 315 |
"heading": "Head Office and Meetings",
|
| 316 |
-
"text": "17 A part-time member is not entitled to attend a meeting of the Board, but may attend at the Chairperson’s invitation.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2014-11-01",
|
| 319 |
"in_force": "2014-11-01",
|
| 320 |
"status": "in force",
|
| 321 |
"current_to": "2026-05-26",
|
| 322 |
-
"
|
| 323 |
-
"
|
|
|
|
|
|
|
| 324 |
},
|
| 325 |
{
|
| 326 |
-
"id": "P-33.35-s18",
|
| 327 |
"act_code": "P-33.35",
|
| 328 |
"act_short": "FPSLREB Act",
|
| 329 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -332,17 +331,17 @@
|
|
| 332 |
"part": "",
|
| 333 |
"division": "",
|
| 334 |
"heading": "Head Office and Meetings",
|
| 335 |
-
"text": "18 A decision of a majority of the Board’s members who are present at a meeting of the Board is a decision of the Board.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2014-11-01",
|
| 338 |
"in_force": "2014-11-01",
|
| 339 |
"status": "in force",
|
| 340 |
"current_to": "2026-05-26",
|
| 341 |
-
"
|
| 342 |
-
"
|
|
|
|
|
|
|
| 343 |
},
|
| 344 |
{
|
| 345 |
-
"id": "P-33.35-s19",
|
| 346 |
"act_code": "P-33.35",
|
| 347 |
"act_short": "FPSLREB Act",
|
| 348 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -351,17 +350,17 @@
|
|
| 351 |
"part": "",
|
| 352 |
"division": "",
|
| 353 |
"heading": "Board’s Powers, Duties and Functions",
|
| 354 |
-
"text": "19 The Board is to exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act or any other Act of Parliament.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2014-11-01",
|
| 357 |
"in_force": "2014-11-01",
|
| 358 |
"status": "in force",
|
| 359 |
"current_to": "2026-05-26",
|
| 360 |
-
"
|
| 361 |
-
"
|
|
|
|
|
|
|
| 362 |
},
|
| 363 |
{
|
| 364 |
-
"id": "P-33.35-s20",
|
| 365 |
"act_code": "P-33.35",
|
| 366 |
"act_short": "FPSLREB Act",
|
| 367 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -370,17 +369,17 @@
|
|
| 370 |
"part": "",
|
| 371 |
"division": "",
|
| 372 |
"heading": "Board’s Powers, Duties and Functions",
|
| 373 |
-
"text": "20 The Board has, in relation to any matter before it, the power to\n(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record;\n(b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and determine the date, time and place of the hearings for those procedures;\n(c) order that a pre-hearing conference or a hearing be conducted using any means of telecommunication that permits all persons who are participating to communicate adequately with each other;\n(d) administer oaths and solemn affirmations;\n(e) accept any evidence, whether admissible in a court of law or not; and\n(f) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant.",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2014-11-01",
|
| 376 |
"in_force": "2014-11-01",
|
| 377 |
"status": "in force",
|
| 378 |
"current_to": "2026-05-26",
|
| 379 |
-
"
|
| 380 |
-
"
|
|
|
|
|
|
|
| 381 |
},
|
| 382 |
{
|
| 383 |
-
"id": "P-33.35-s21",
|
| 384 |
"act_code": "P-33.35",
|
| 385 |
"act_short": "FPSLREB Act",
|
| 386 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -389,17 +388,17 @@
|
|
| 389 |
"part": "",
|
| 390 |
"division": "",
|
| 391 |
"heading": "Board’s Powers, Duties and Functions",
|
| 392 |
-
"text": "21 The Board may dismiss summarily any matter that in its opinion is trivial, frivolous, vexatious or was made in bad faith.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2014-11-01",
|
| 395 |
"in_force": "2014-11-01",
|
| 396 |
"status": "in force",
|
| 397 |
"current_to": "2026-05-26",
|
| 398 |
-
"
|
| 399 |
-
"
|
|
|
|
|
|
|
| 400 |
},
|
| 401 |
{
|
| 402 |
-
"id": "P-33.35-s22",
|
| 403 |
"act_code": "P-33.35",
|
| 404 |
"act_short": "FPSLREB Act",
|
| 405 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -408,17 +407,17 @@
|
|
| 408 |
"part": "",
|
| 409 |
"division": "",
|
| 410 |
"heading": "Board’s Powers, Duties and Functions",
|
| 411 |
-
"text": "22 The Board may decide any matter before it without holding an oral hearing.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2014-11-01",
|
| 414 |
"in_force": "2014-11-01",
|
| 415 |
"status": "in force",
|
| 416 |
"current_to": "2026-05-26",
|
| 417 |
-
"
|
| 418 |
-
"
|
|
|
|
|
|
|
| 419 |
},
|
| 420 |
{
|
| 421 |
-
"id": "P-33.35-s23",
|
| 422 |
"act_code": "P-33.35",
|
| 423 |
"act_short": "FPSLREB Act",
|
| 424 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -427,17 +426,17 @@
|
|
| 427 |
"part": "",
|
| 428 |
"division": "",
|
| 429 |
"heading": "Board’s Powers, Duties and Functions",
|
| 430 |
-
"text": "23 The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.",
|
| 431 |
"history": "2013, c. 40, s. 365 “23”; 2014, c. 20, s. 471",
|
| 432 |
"last_amended": "2014-11-01",
|
| 433 |
"in_force": "2014-11-01",
|
| 434 |
"status": "in force",
|
| 435 |
"current_to": "2026-05-26",
|
| 436 |
-
"
|
| 437 |
-
"
|
|
|
|
|
|
|
| 438 |
},
|
| 439 |
{
|
| 440 |
-
"id": "P-33.35-s24",
|
| 441 |
"act_code": "P-33.35",
|
| 442 |
"act_short": "FPSLREB Act",
|
| 443 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -446,17 +445,17 @@
|
|
| 446 |
"part": "",
|
| 447 |
"division": "",
|
| 448 |
"heading": "Board’s Powers, Duties and Functions",
|
| 449 |
-
"text": "24 The Board may\n(a) authorize the Chairperson to exercise any of its powers or perform any of its duties or functions, other than the power to make regulations; and\n(b) authorize any person to exercise any of its powers under paragraphs 20(d) to (f) and require the person to report to it on what the person has done.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2014-11-01",
|
| 452 |
"in_force": "2014-11-01",
|
| 453 |
"status": "in force",
|
| 454 |
"current_to": "2026-05-26",
|
| 455 |
-
"
|
| 456 |
-
"
|
|
|
|
|
|
|
| 457 |
},
|
| 458 |
{
|
| 459 |
-
"id": "P-33.35-s25",
|
| 460 |
"act_code": "P-33.35",
|
| 461 |
"act_short": "FPSLREB Act",
|
| 462 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -465,17 +464,17 @@
|
|
| 465 |
"part": "",
|
| 466 |
"division": "",
|
| 467 |
"heading": "Chairperson",
|
| 468 |
-
"text": "25 The Chairperson has supervision over and direction of the Board’s work, including\n(a) the assignment and reassignment of matters that the Board is seized of to panels;\n(b) the composition of panels; and\n(c) the determination of the date, time and place of hearings.",
|
| 469 |
"history": "2013, c. 40, s. 365 “25”; 2014, c. 20, s. 471",
|
| 470 |
"last_amended": "2014-11-01",
|
| 471 |
"in_force": "2014-11-01",
|
| 472 |
"status": "in force",
|
| 473 |
"current_to": "2026-05-26",
|
| 474 |
-
"
|
| 475 |
-
"
|
|
|
|
|
|
|
| 476 |
},
|
| 477 |
{
|
| 478 |
-
"id": "P-33.35-s26",
|
| 479 |
"act_code": "P-33.35",
|
| 480 |
"act_short": "FPSLREB Act",
|
| 481 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -484,17 +483,17 @@
|
|
| 484 |
"part": "",
|
| 485 |
"division": "",
|
| 486 |
"heading": "Chairperson",
|
| 487 |
-
"text": "26 The Chairperson may authorize a Vice-chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s duties or functions, including powers, duties or functions delegated to the Chairperson by the Board.",
|
| 488 |
"history": "",
|
| 489 |
"last_amended": "2014-11-01",
|
| 490 |
"in_force": "2014-11-01",
|
| 491 |
"status": "in force",
|
| 492 |
"current_to": "2026-05-26",
|
| 493 |
-
"
|
| 494 |
-
"
|
|
|
|
|
|
|
| 495 |
},
|
| 496 |
{
|
| 497 |
-
"id": "P-33.35-s27",
|
| 498 |
"act_code": "P-33.35",
|
| 499 |
"act_short": "FPSLREB Act",
|
| 500 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -503,17 +502,17 @@
|
|
| 503 |
"part": "",
|
| 504 |
"division": "",
|
| 505 |
"heading": "Chairperson",
|
| 506 |
-
"text": "27\n(1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-chairperson designated by the Minister is to act as Chairperson.\n(2) [Absence of Chairperson and Vice-chairpersons] If the Chairperson and the Vice-chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Chairperson for more than 90 days without the Governor in Council’s approval.",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2014-11-01",
|
| 509 |
"in_force": "2014-11-01",
|
| 510 |
"status": "in force",
|
| 511 |
"current_to": "2026-05-26",
|
| 512 |
-
"
|
| 513 |
-
"
|
|
|
|
|
|
|
| 514 |
},
|
| 515 |
{
|
| 516 |
-
"id": "P-33.35-s28",
|
| 517 |
"act_code": "P-33.35",
|
| 518 |
"act_short": "FPSLREB Act",
|
| 519 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -522,17 +521,17 @@
|
|
| 522 |
"part": "",
|
| 523 |
"division": "",
|
| 524 |
"heading": "Chairperson",
|
| 525 |
-
"text": "28 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2014-11-01",
|
| 528 |
"in_force": "2014-11-01",
|
| 529 |
"status": "repealed",
|
| 530 |
"current_to": "2026-05-26",
|
| 531 |
-
"
|
| 532 |
-
"
|
|
|
|
|
|
|
| 533 |
},
|
| 534 |
{
|
| 535 |
-
"id": "P-33.35-s29",
|
| 536 |
"act_code": "P-33.35",
|
| 537 |
"act_short": "FPSLREB Act",
|
| 538 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -541,17 +540,17 @@
|
|
| 541 |
"part": "",
|
| 542 |
"division": "",
|
| 543 |
"heading": "Chairperson",
|
| 544 |
-
"text": "29 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2014-11-01",
|
| 547 |
"in_force": "2014-11-01",
|
| 548 |
"status": "repealed",
|
| 549 |
"current_to": "2026-05-26",
|
| 550 |
-
"
|
| 551 |
-
"
|
|
|
|
|
|
|
| 552 |
},
|
| 553 |
{
|
| 554 |
-
"id": "P-33.35-s30",
|
| 555 |
"act_code": "P-33.35",
|
| 556 |
"act_short": "FPSLREB Act",
|
| 557 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -560,17 +559,17 @@
|
|
| 560 |
"part": "",
|
| 561 |
"division": "",
|
| 562 |
"heading": "Experts",
|
| 563 |
-
"text": "30 The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.",
|
| 564 |
"history": "2013, c. 40, s. 365 “30”; 2014, c. 20, s. 471",
|
| 565 |
"last_amended": "2014-11-01",
|
| 566 |
"in_force": "2014-11-01",
|
| 567 |
"status": "in force",
|
| 568 |
"current_to": "2026-05-26",
|
| 569 |
-
"
|
| 570 |
-
"
|
|
|
|
|
|
|
| 571 |
},
|
| 572 |
{
|
| 573 |
-
"id": "P-33.35-s31",
|
| 574 |
"act_code": "P-33.35",
|
| 575 |
"act_short": "FPSLREB Act",
|
| 576 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -579,17 +578,17 @@
|
|
| 579 |
"part": "",
|
| 580 |
"division": "",
|
| 581 |
"heading": "Protection",
|
| 582 |
-
"text": "31\n(1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.\n(2) [Chief Administrator and employees not compellable] The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.",
|
| 583 |
"history": "2013, c. 40, s. 365 “31”; 2014, c. 20, s. 471",
|
| 584 |
"last_amended": "2014-11-01",
|
| 585 |
"in_force": "2014-11-01",
|
| 586 |
"status": "in force",
|
| 587 |
"current_to": "2026-05-26",
|
| 588 |
-
"
|
| 589 |
-
"
|
|
|
|
|
|
|
| 590 |
},
|
| 591 |
{
|
| 592 |
-
"id": "P-33.35-s32",
|
| 593 |
"act_code": "P-33.35",
|
| 594 |
"act_short": "FPSLREB Act",
|
| 595 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -598,17 +597,17 @@
|
|
| 598 |
"part": "",
|
| 599 |
"division": "",
|
| 600 |
"heading": "Protection",
|
| 601 |
-
"text": "32 Notes or draft orders or decisions of the Board or of any of its members are not to be disclosed without the consent of the person who made them.",
|
| 602 |
"history": "",
|
| 603 |
"last_amended": "2014-11-01",
|
| 604 |
"in_force": "2014-11-01",
|
| 605 |
"status": "in force",
|
| 606 |
"current_to": "2026-05-26",
|
| 607 |
-
"
|
| 608 |
-
"
|
|
|
|
|
|
|
| 609 |
},
|
| 610 |
{
|
| 611 |
-
"id": "P-33.35-s33",
|
| 612 |
"act_code": "P-33.35",
|
| 613 |
"act_short": "FPSLREB Act",
|
| 614 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -617,17 +616,17 @@
|
|
| 617 |
"part": "",
|
| 618 |
"division": "",
|
| 619 |
"heading": "Protection",
|
| 620 |
-
"text": "33\n(1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.\n(2) [Immunity from proceedings — Chief Administrator and employees] No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done — or omitted to be done — or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board.",
|
| 621 |
"history": "2013, c. 40, s. 365 “33”; 2014, c. 20, s. 471",
|
| 622 |
"last_amended": "2014-11-01",
|
| 623 |
"in_force": "2014-11-01",
|
| 624 |
"status": "in force",
|
| 625 |
"current_to": "2026-05-26",
|
| 626 |
-
"
|
| 627 |
-
"
|
|
|
|
|
|
|
| 628 |
},
|
| 629 |
{
|
| 630 |
-
"id": "P-33.35-s34",
|
| 631 |
"act_code": "P-33.35",
|
| 632 |
"act_short": "FPSLREB Act",
|
| 633 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -636,17 +635,17 @@
|
|
| 636 |
"part": "",
|
| 637 |
"division": "",
|
| 638 |
"heading": "Review and Enforcement of Orders and Decisions",
|
| 639 |
-
"text": "34\n(1) Every order or decision of the Board is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.\n(2) [Standing of Board] The Board has standing to appear in proceedings under subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to its orders or decisions and its jurisdiction, policies and procedures.\n(3) [No review by certiorari, etc.] Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under any Act of Parliament may, on any ground, including the ground that the order, decision or proceeding is beyond the Board’s jurisdiction to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,\n(a) be questioned, reviewed, prohibited or restrained; or\n(b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.",
|
| 640 |
"history": "",
|
| 641 |
"last_amended": "2014-11-01",
|
| 642 |
"in_force": "2014-11-01",
|
| 643 |
"status": "in force",
|
| 644 |
"current_to": "2026-05-26",
|
| 645 |
-
"
|
| 646 |
-
"
|
|
|
|
|
|
|
| 647 |
},
|
| 648 |
{
|
| 649 |
-
"id": "P-33.35-s35",
|
| 650 |
"act_code": "P-33.35",
|
| 651 |
"act_short": "FPSLREB Act",
|
| 652 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -655,17 +654,17 @@
|
|
| 655 |
"part": "",
|
| 656 |
"division": "",
|
| 657 |
"heading": "Review and Enforcement of Orders and Decisions",
|
| 658 |
-
"text": "35\n(1) The Board must, on the written request of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the Board’s opinion,\n(a) there is no indication, or likelihood, of failure to comply with the order; or\n(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.\n(2) [Effect of filing] An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2014-11-01",
|
| 661 |
"in_force": "2014-11-01",
|
| 662 |
"status": "in force",
|
| 663 |
"current_to": "2026-05-26",
|
| 664 |
-
"
|
| 665 |
-
"
|
|
|
|
|
|
|
| 666 |
},
|
| 667 |
{
|
| 668 |
-
"id": "P-33.35-s36",
|
| 669 |
"act_code": "P-33.35",
|
| 670 |
"act_short": "FPSLREB Act",
|
| 671 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -674,17 +673,17 @@
|
|
| 674 |
"part": "",
|
| 675 |
"division": "",
|
| 676 |
"heading": "Regulations",
|
| 677 |
-
"text": "36 The Board may make regulations respecting\n(a) the practice and procedure for hearings and pre-hearing proceedings of the Board;\n(b) the use of any means of telecommunication in the conduct of its activities;\n(c) the hearing or determination of any application, complaint, question or dispute that may be made to, referred to or otherwise come before the Board;\n(d) the establishment of an expeditious procedure and matters that may be determined under that procedure;\n(e) the forms to be used in respect of any proceeding that may come before the Board;\n(f) the manner in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;\n(g) the time within which and the persons to whom notices, other than those referred to in subsections 130(1) and (2) of the Public Service Labour Relations Act, and other documents must be sent or given, and when the notices are deemed to have been sent, given or received; and\n(h) any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions.",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2014-11-01",
|
| 680 |
"in_force": "2014-11-01",
|
| 681 |
"status": "in force",
|
| 682 |
"current_to": "2026-05-26",
|
| 683 |
-
"
|
| 684 |
-
"
|
|
|
|
|
|
|
| 685 |
},
|
| 686 |
{
|
| 687 |
-
"id": "P-33.35-s37",
|
| 688 |
"act_code": "P-33.35",
|
| 689 |
"act_short": "FPSLREB Act",
|
| 690 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -693,17 +692,17 @@
|
|
| 693 |
"part": "",
|
| 694 |
"division": "",
|
| 695 |
"heading": "Panels",
|
| 696 |
-
"text": "37\n(1) Subject to subsection (2), matters of which the Board is seized are to be heard by a panel consisting of one member.\n(2) [Three-member panels] If the Chairperson considers that the complexity of a matter requires it, he or she may assign the matter to a panel consisting of three members.\n(3) [Chairperson of three-member panel] If the Chairperson is a member of a three-person panel, he or she is to be its chairperson; otherwise, he or she must designate a member of it to be its chairperson.",
|
| 697 |
"history": "",
|
| 698 |
"last_amended": "2014-11-01",
|
| 699 |
"in_force": "2014-11-01",
|
| 700 |
"status": "in force",
|
| 701 |
"current_to": "2026-05-26",
|
| 702 |
-
"
|
| 703 |
-
"
|
|
|
|
|
|
|
| 704 |
},
|
| 705 |
{
|
| 706 |
-
"id": "P-33.35-s38",
|
| 707 |
"act_code": "P-33.35",
|
| 708 |
"act_short": "FPSLREB Act",
|
| 709 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -712,17 +711,17 @@
|
|
| 712 |
"part": "",
|
| 713 |
"division": "",
|
| 714 |
"heading": "Panels",
|
| 715 |
-
"text": "38\n(1) In the event of the death or incapacity of a member of a three-member panel, other than the death or incapacity of the chairperson of the panel, the chairperson of the panel may determine any matter that was before the panel and his or her decision is deemed to be the panel’s decision.\n(2) [Chairperson’s death or incapacity] In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of one member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.",
|
| 716 |
"history": "",
|
| 717 |
"last_amended": "2014-11-01",
|
| 718 |
"in_force": "2014-11-01",
|
| 719 |
"status": "in force",
|
| 720 |
"current_to": "2026-05-26",
|
| 721 |
-
"
|
| 722 |
-
"
|
|
|
|
|
|
|
| 723 |
},
|
| 724 |
{
|
| 725 |
-
"id": "P-33.35-s39",
|
| 726 |
"act_code": "P-33.35",
|
| 727 |
"act_short": "FPSLREB Act",
|
| 728 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -731,17 +730,17 @@
|
|
| 731 |
"part": "",
|
| 732 |
"division": "",
|
| 733 |
"heading": "Panels",
|
| 734 |
-
"text": "39 A panel has all of the Board’s powers, rights and privileges with respect to any matter assigned to the panel.",
|
| 735 |
"history": "",
|
| 736 |
"last_amended": "2014-11-01",
|
| 737 |
"in_force": "2014-11-01",
|
| 738 |
"status": "in force",
|
| 739 |
"current_to": "2026-05-26",
|
| 740 |
-
"
|
| 741 |
-
"
|
|
|
|
|
|
|
| 742 |
},
|
| 743 |
{
|
| 744 |
-
"id": "P-33.35-s40",
|
| 745 |
"act_code": "P-33.35",
|
| 746 |
"act_short": "FPSLREB Act",
|
| 747 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -750,17 +749,17 @@
|
|
| 750 |
"part": "",
|
| 751 |
"division": "",
|
| 752 |
"heading": "Panels",
|
| 753 |
-
"text": "40\n(1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority, the decision of the chairperson of the panel is the decision of the panel.\n(2) [Board’s decision] A decision of a panel is a decision of the Board.",
|
| 754 |
"history": "",
|
| 755 |
"last_amended": "2014-11-01",
|
| 756 |
"in_force": "2014-11-01",
|
| 757 |
"status": "in force",
|
| 758 |
"current_to": "2026-05-26",
|
| 759 |
-
"
|
| 760 |
-
"
|
|
|
|
|
|
|
| 761 |
},
|
| 762 |
{
|
| 763 |
-
"id": "P-33.35-s41",
|
| 764 |
"act_code": "P-33.35",
|
| 765 |
"act_short": "FPSLREB Act",
|
| 766 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -769,17 +768,17 @@
|
|
| 769 |
"part": "",
|
| 770 |
"division": "",
|
| 771 |
"heading": "Witness Fees",
|
| 772 |
-
"text": "41 A person who is summoned by the Board to attend as a witness at any of its proceedings is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if they were summoned to attend before the Federal Court.",
|
| 773 |
"history": "",
|
| 774 |
"last_amended": "2014-11-01",
|
| 775 |
"in_force": "2014-11-01",
|
| 776 |
"status": "in force",
|
| 777 |
"current_to": "2026-05-26",
|
| 778 |
-
"
|
| 779 |
-
"
|
|
|
|
|
|
|
| 780 |
},
|
| 781 |
{
|
| 782 |
-
"id": "P-33.35-s42",
|
| 783 |
"act_code": "P-33.35",
|
| 784 |
"act_short": "FPSLREB Act",
|
| 785 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
@@ -788,13 +787,14 @@
|
|
| 788 |
"part": "",
|
| 789 |
"division": "",
|
| 790 |
"heading": "Annual Report",
|
| 791 |
-
"text": "42\n(1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act.\n(2) [Tabling in Parliament] The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives it.",
|
| 792 |
"history": "",
|
| 793 |
"last_amended": "2014-11-01",
|
| 794 |
"in_force": "2014-11-01",
|
| 795 |
"status": "in force",
|
| 796 |
"current_to": "2026-05-26",
|
| 797 |
-
"
|
| 798 |
-
"
|
|
|
|
|
|
|
| 799 |
}
|
| 800 |
]
|
|
|
|
| 1 |
[
|
| 2 |
{
|
|
|
|
| 3 |
"act_code": "P-33.35",
|
| 4 |
"act_short": "FPSLREB Act",
|
| 5 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 8 |
"part": "",
|
| 9 |
"division": "",
|
| 10 |
"heading": "Short Title",
|
|
|
|
| 11 |
"history": "2013, c. 40, s. 365 “1”; 2017, c. 9, s. 36",
|
| 12 |
"last_amended": "2017-06-19",
|
| 13 |
"in_force": "2017-06-19",
|
| 14 |
"status": "in force",
|
| 15 |
"current_to": "2026-05-26",
|
| 16 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-1.html",
|
| 17 |
+
"id": "P-33.35-s1",
|
| 18 |
+
"text": "1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act.",
|
| 19 |
+
"citation": "FPSLREB Act, s. 1"
|
| 20 |
},
|
| 21 |
{
|
|
|
|
| 22 |
"act_code": "P-33.35",
|
| 23 |
"act_short": "FPSLREB Act",
|
| 24 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 27 |
"part": "",
|
| 28 |
"division": "",
|
| 29 |
"heading": "Interpretation",
|
|
|
|
| 30 |
"history": "2013, c. 40, s. 365 “2”; 2017, c. 9, s. 55",
|
| 31 |
"last_amended": "2017-06-19",
|
| 32 |
"in_force": "2017-06-19",
|
| 33 |
"status": "in force",
|
| 34 |
"current_to": "2026-05-26",
|
| 35 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-2.html",
|
| 36 |
+
"id": "P-33.35-s2",
|
| 37 |
+
"text": "2 The following definitions apply in this Act.\nbargaining agent has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (agent négociateur)\nemployer has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (employeur)\nMinister means the Minister who is designated under section 3. (ministre)",
|
| 38 |
+
"citation": "FPSLREB Act, s. 2"
|
| 39 |
},
|
| 40 |
{
|
|
|
|
| 41 |
"act_code": "P-33.35",
|
| 42 |
"act_short": "FPSLREB Act",
|
| 43 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 46 |
"part": "",
|
| 47 |
"division": "",
|
| 48 |
"heading": "Designation of Minister",
|
|
|
|
| 49 |
"history": "",
|
| 50 |
"last_amended": "2014-11-01",
|
| 51 |
"in_force": "2014-11-01",
|
| 52 |
"status": "in force",
|
| 53 |
"current_to": "2026-05-26",
|
| 54 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-3.html",
|
| 55 |
+
"id": "P-33.35-s3",
|
| 56 |
+
"text": "3 The Governor in Council may, by order, designate any federal minister, other than a member of the Treasury Board, to be the Minister referred to in this Act.",
|
| 57 |
+
"citation": "FPSLREB Act, s. 3"
|
| 58 |
},
|
| 59 |
{
|
|
|
|
| 60 |
"act_code": "P-33.35",
|
| 61 |
"act_short": "FPSLREB Act",
|
| 62 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 65 |
"part": "",
|
| 66 |
"division": "",
|
| 67 |
"heading": "Continuance and Composition",
|
|
|
|
| 68 |
"history": "2013, c. 40, s. 365 “4”; 2017, c. 9, s. 38",
|
| 69 |
"last_amended": "2017-06-19",
|
| 70 |
"in_force": "2017-06-19",
|
| 71 |
"status": "in force",
|
| 72 |
"current_to": "2026-05-26",
|
| 73 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-4.html",
|
| 74 |
+
"id": "P-33.35-s4",
|
| 75 |
+
"text": "4\n(1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board.\n(2) [Board’s composition] The Board is composed of\n(a) a Chairperson, who is to hold office on a full-time basis;\n(b) not more than two Vice-chairpersons, who are to hold office on a full-time basis;\n(c) not more than 12 other members who are to hold office on a full-time basis; and\n(d) any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions.",
|
| 76 |
+
"citation": "FPSLREB Act, s. 4"
|
| 77 |
},
|
| 78 |
{
|
|
|
|
| 79 |
"act_code": "P-33.35",
|
| 80 |
"act_short": "FPSLREB Act",
|
| 81 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 84 |
"part": "",
|
| 85 |
"division": "",
|
| 86 |
"heading": "Appointment of Members",
|
|
|
|
| 87 |
"history": "2013, c. 40, s. 365 “5”; 2017, c. 9, s. 55",
|
| 88 |
"last_amended": "2017-06-19",
|
| 89 |
"in_force": "2017-06-19",
|
| 90 |
"status": "in force",
|
| 91 |
"current_to": "2026-05-26",
|
| 92 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-5.html",
|
| 93 |
+
"id": "P-33.35-s5",
|
| 94 |
+
"text": "5\n(1) To be eligible to hold office as a member, a person must\n(a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;\n(b) not hold any other office or employment under the employer;\n(c) not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is certified as a bargaining agent; and\n(d) not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions.\n(2) [Exception] Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board.",
|
| 95 |
+
"citation": "FPSLREB Act, s. 5"
|
| 96 |
},
|
| 97 |
{
|
|
|
|
| 98 |
"act_code": "P-33.35",
|
| 99 |
"act_short": "FPSLREB Act",
|
| 100 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 103 |
"part": "",
|
| 104 |
"division": "",
|
| 105 |
"heading": "Appointment of Members",
|
|
|
|
| 106 |
"history": "2013, c. 40, s. 365 “6”; 2017, c. 9, s. 39",
|
| 107 |
"last_amended": "2017-06-19",
|
| 108 |
"in_force": "2017-06-19",
|
| 109 |
"status": "in force",
|
| 110 |
"current_to": "2026-05-26",
|
| 111 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-6.html",
|
| 112 |
+
"id": "P-33.35-s6",
|
| 113 |
+
"text": "6\n(1) Every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.\n(1.1) [Knowledge of police organizations] In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.\n(2) [Contents] The Chairperson must set out on the list\n(a) the names of all eligible persons who are recommended by the employer;\n(b) the names of all eligible persons who are recommended by the bargaining agents; and\n(c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.\n(3) [Equal numbers] The appointment of members, other than the Chairperson and the Vice-chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.\n(4) [Non-representative Board] Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions.",
|
| 114 |
+
"citation": "FPSLREB Act, s. 6"
|
| 115 |
},
|
| 116 |
{
|
|
|
|
| 117 |
"act_code": "P-33.35",
|
| 118 |
"act_short": "FPSLREB Act",
|
| 119 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 122 |
"part": "",
|
| 123 |
"division": "",
|
| 124 |
"heading": "Appointment of Members",
|
|
|
|
| 125 |
"history": "",
|
| 126 |
"last_amended": "2014-11-01",
|
| 127 |
"in_force": "2014-11-01",
|
| 128 |
"status": "in force",
|
| 129 |
"current_to": "2026-05-26",
|
| 130 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-7.html",
|
| 131 |
+
"id": "P-33.35-s7",
|
| 132 |
+
"text": "7 A full-time member must reside in the National Capital Region as it is described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.",
|
| 133 |
+
"citation": "FPSLREB Act, s. 7"
|
| 134 |
},
|
| 135 |
{
|
|
|
|
| 136 |
"act_code": "P-33.35",
|
| 137 |
"act_short": "FPSLREB Act",
|
| 138 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 141 |
"part": "",
|
| 142 |
"division": "",
|
| 143 |
"heading": "Appointment of Members",
|
|
|
|
| 144 |
"history": "",
|
| 145 |
"last_amended": "2014-11-01",
|
| 146 |
"in_force": "2014-11-01",
|
| 147 |
"status": "in force",
|
| 148 |
"current_to": "2026-05-26",
|
| 149 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-8.html",
|
| 150 |
+
"id": "P-33.35-s8",
|
| 151 |
+
"text": "8\n(1) Each member is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office during good behaviour and may be removed by the Governor in Council for cause.\n(2) [Term of office] A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years.\n(3) [Reappointment] A member is eligible for reappointment on the expiry of any term of office.\n(4) [Completion of duties and functions] A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.",
|
| 152 |
+
"citation": "FPSLREB Act, s. 8"
|
| 153 |
},
|
| 154 |
{
|
|
|
|
| 155 |
"act_code": "P-33.35",
|
| 156 |
"act_short": "FPSLREB Act",
|
| 157 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 160 |
"part": "",
|
| 161 |
"division": "",
|
| 162 |
"heading": "Appointment of Members",
|
|
|
|
| 163 |
"history": "2013, c. 40, s. 365 “9”; 2017, c. 9, s. 57",
|
| 164 |
"last_amended": "2017-06-19",
|
| 165 |
"in_force": "2017-06-19",
|
| 166 |
"status": "in force",
|
| 167 |
"current_to": "2026-05-26",
|
| 168 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-9.html",
|
| 169 |
+
"id": "P-33.35-s9",
|
| 170 |
+
"text": "9 Before beginning their duties or functions, a person who is appointed as a member of the Board must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:\nI, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or Chairperson or Vice-chairperson) of the Federal Public Sector Labour Relations and Employment Board.",
|
| 171 |
+
"citation": "FPSLREB Act, s. 9"
|
| 172 |
},
|
| 173 |
{
|
|
|
|
| 174 |
"act_code": "P-33.35",
|
| 175 |
"act_short": "FPSLREB Act",
|
| 176 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 179 |
"part": "",
|
| 180 |
"division": "",
|
| 181 |
"heading": "Remuneration",
|
|
|
|
| 182 |
"history": "",
|
| 183 |
"last_amended": "2014-11-01",
|
| 184 |
"in_force": "2014-11-01",
|
| 185 |
"status": "in force",
|
| 186 |
"current_to": "2026-05-26",
|
| 187 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-10.html",
|
| 188 |
+
"id": "P-33.35-s10",
|
| 189 |
+
"text": "10 Every member and former member referred to in subsection 8(4)\n(a) is to be paid the remuneration that may be determined by the Governor in Council; and\n(b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.",
|
| 190 |
+
"citation": "FPSLREB Act, s. 10"
|
| 191 |
},
|
| 192 |
{
|
|
|
|
| 193 |
"act_code": "P-33.35",
|
| 194 |
"act_short": "FPSLREB Act",
|
| 195 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 198 |
"part": "",
|
| 199 |
"division": "",
|
| 200 |
"heading": "Application of Other Acts",
|
|
|
|
| 201 |
"history": "",
|
| 202 |
"last_amended": "2014-11-01",
|
| 203 |
"in_force": "2014-11-01",
|
| 204 |
"status": "in force",
|
| 205 |
"current_to": "2026-05-26",
|
| 206 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-11.html",
|
| 207 |
+
"id": "P-33.35-s11",
|
| 208 |
+
"text": "11 A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.",
|
| 209 |
+
"citation": "FPSLREB Act, s. 11"
|
| 210 |
},
|
| 211 |
{
|
|
|
|
| 212 |
"act_code": "P-33.35",
|
| 213 |
"act_short": "FPSLREB Act",
|
| 214 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 217 |
"part": "",
|
| 218 |
"division": "",
|
| 219 |
"heading": "Application of Other Acts",
|
|
|
|
| 220 |
"history": "",
|
| 221 |
"last_amended": "2014-11-01",
|
| 222 |
"in_force": "2014-11-01",
|
| 223 |
"status": "in force",
|
| 224 |
"current_to": "2026-05-26",
|
| 225 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-12.html",
|
| 226 |
+
"id": "P-33.35-s12",
|
| 227 |
+
"text": "12 A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.",
|
| 228 |
+
"citation": "FPSLREB Act, s. 12"
|
| 229 |
},
|
| 230 |
{
|
|
|
|
| 231 |
"act_code": "P-33.35",
|
| 232 |
"act_short": "FPSLREB Act",
|
| 233 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 236 |
"part": "",
|
| 237 |
"division": "",
|
| 238 |
"heading": "Head Office and Meetings",
|
|
|
|
| 239 |
"history": "2013, c. 40, s. 365 “13”; 2014, c. 20, s. 471",
|
| 240 |
"last_amended": "2014-11-01",
|
| 241 |
"in_force": "2014-11-01",
|
| 242 |
"status": "in force",
|
| 243 |
"current_to": "2026-05-26",
|
| 244 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-13.html",
|
| 245 |
+
"id": "P-33.35-s13",
|
| 246 |
+
"text": "13 The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act.",
|
| 247 |
+
"citation": "FPSLREB Act, s. 13"
|
| 248 |
},
|
| 249 |
{
|
|
|
|
| 250 |
"act_code": "P-33.35",
|
| 251 |
"act_short": "FPSLREB Act",
|
| 252 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 255 |
"part": "",
|
| 256 |
"division": "",
|
| 257 |
"heading": "Head Office and Meetings",
|
|
|
|
| 258 |
"history": "",
|
| 259 |
"last_amended": "2014-11-01",
|
| 260 |
"in_force": "2014-11-01",
|
| 261 |
"status": "in force",
|
| 262 |
"current_to": "2026-05-26",
|
| 263 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-14.html",
|
| 264 |
+
"id": "P-33.35-s14",
|
| 265 |
+
"text": "14 In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation.",
|
| 266 |
+
"citation": "FPSLREB Act, s. 14"
|
| 267 |
},
|
| 268 |
{
|
|
|
|
| 269 |
"act_code": "P-33.35",
|
| 270 |
"act_short": "FPSLREB Act",
|
| 271 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 274 |
"part": "",
|
| 275 |
"division": "",
|
| 276 |
"heading": "Head Office and Meetings",
|
|
|
|
| 277 |
"history": "",
|
| 278 |
"last_amended": "2014-11-01",
|
| 279 |
"in_force": "2014-11-01",
|
| 280 |
"status": "in force",
|
| 281 |
"current_to": "2026-05-26",
|
| 282 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-15.html",
|
| 283 |
+
"id": "P-33.35-s15",
|
| 284 |
+
"text": "15\n(1) Meetings of the Board are to be held at any date, time and place that the Chairperson considers appropriate for the conduct of the Board’s business.\n(2) [Off-site participation] A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.",
|
| 285 |
+
"citation": "FPSLREB Act, s. 15"
|
| 286 |
},
|
| 287 |
{
|
|
|
|
| 288 |
"act_code": "P-33.35",
|
| 289 |
"act_short": "FPSLREB Act",
|
| 290 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 293 |
"part": "",
|
| 294 |
"division": "",
|
| 295 |
"heading": "Head Office and Meetings",
|
|
|
|
| 296 |
"history": "",
|
| 297 |
"last_amended": "2014-11-01",
|
| 298 |
"in_force": "2014-11-01",
|
| 299 |
"status": "in force",
|
| 300 |
"current_to": "2026-05-26",
|
| 301 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-16.html",
|
| 302 |
+
"id": "P-33.35-s16",
|
| 303 |
+
"text": "16 The Chairperson, one Vice-chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board.",
|
| 304 |
+
"citation": "FPSLREB Act, s. 16"
|
| 305 |
},
|
| 306 |
{
|
|
|
|
| 307 |
"act_code": "P-33.35",
|
| 308 |
"act_short": "FPSLREB Act",
|
| 309 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 312 |
"part": "",
|
| 313 |
"division": "",
|
| 314 |
"heading": "Head Office and Meetings",
|
|
|
|
| 315 |
"history": "",
|
| 316 |
"last_amended": "2014-11-01",
|
| 317 |
"in_force": "2014-11-01",
|
| 318 |
"status": "in force",
|
| 319 |
"current_to": "2026-05-26",
|
| 320 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-17.html",
|
| 321 |
+
"id": "P-33.35-s17",
|
| 322 |
+
"text": "17 A part-time member is not entitled to attend a meeting of the Board, but may attend at the Chairperson’s invitation.",
|
| 323 |
+
"citation": "FPSLREB Act, s. 17"
|
| 324 |
},
|
| 325 |
{
|
|
|
|
| 326 |
"act_code": "P-33.35",
|
| 327 |
"act_short": "FPSLREB Act",
|
| 328 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 331 |
"part": "",
|
| 332 |
"division": "",
|
| 333 |
"heading": "Head Office and Meetings",
|
|
|
|
| 334 |
"history": "",
|
| 335 |
"last_amended": "2014-11-01",
|
| 336 |
"in_force": "2014-11-01",
|
| 337 |
"status": "in force",
|
| 338 |
"current_to": "2026-05-26",
|
| 339 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-18.html",
|
| 340 |
+
"id": "P-33.35-s18",
|
| 341 |
+
"text": "18 A decision of a majority of the Board’s members who are present at a meeting of the Board is a decision of the Board.",
|
| 342 |
+
"citation": "FPSLREB Act, s. 18"
|
| 343 |
},
|
| 344 |
{
|
|
|
|
| 345 |
"act_code": "P-33.35",
|
| 346 |
"act_short": "FPSLREB Act",
|
| 347 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 350 |
"part": "",
|
| 351 |
"division": "",
|
| 352 |
"heading": "Board’s Powers, Duties and Functions",
|
|
|
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2014-11-01",
|
| 355 |
"in_force": "2014-11-01",
|
| 356 |
"status": "in force",
|
| 357 |
"current_to": "2026-05-26",
|
| 358 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-19.html",
|
| 359 |
+
"id": "P-33.35-s19",
|
| 360 |
+
"text": "19 The Board is to exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act or any other Act of Parliament.",
|
| 361 |
+
"citation": "FPSLREB Act, s. 19"
|
| 362 |
},
|
| 363 |
{
|
|
|
|
| 364 |
"act_code": "P-33.35",
|
| 365 |
"act_short": "FPSLREB Act",
|
| 366 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 369 |
"part": "",
|
| 370 |
"division": "",
|
| 371 |
"heading": "Board’s Powers, Duties and Functions",
|
|
|
|
| 372 |
"history": "",
|
| 373 |
"last_amended": "2014-11-01",
|
| 374 |
"in_force": "2014-11-01",
|
| 375 |
"status": "in force",
|
| 376 |
"current_to": "2026-05-26",
|
| 377 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-20.html",
|
| 378 |
+
"id": "P-33.35-s20",
|
| 379 |
+
"text": "20 The Board has, in relation to any matter before it, the power to\n(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record;\n(b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and determine the date, time and place of the hearings for those procedures;\n(c) order that a pre-hearing conference or a hearing be conducted using any means of telecommunication that permits all persons who are participating to communicate adequately with each other;\n(d) administer oaths and solemn affirmations;\n(e) accept any evidence, whether admissible in a court of law or not; and\n(f) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant.",
|
| 380 |
+
"citation": "FPSLREB Act, s. 20"
|
| 381 |
},
|
| 382 |
{
|
|
|
|
| 383 |
"act_code": "P-33.35",
|
| 384 |
"act_short": "FPSLREB Act",
|
| 385 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 388 |
"part": "",
|
| 389 |
"division": "",
|
| 390 |
"heading": "Board’s Powers, Duties and Functions",
|
|
|
|
| 391 |
"history": "",
|
| 392 |
"last_amended": "2014-11-01",
|
| 393 |
"in_force": "2014-11-01",
|
| 394 |
"status": "in force",
|
| 395 |
"current_to": "2026-05-26",
|
| 396 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-21.html",
|
| 397 |
+
"id": "P-33.35-s21",
|
| 398 |
+
"text": "21 The Board may dismiss summarily any matter that in its opinion is trivial, frivolous, vexatious or was made in bad faith.",
|
| 399 |
+
"citation": "FPSLREB Act, s. 21"
|
| 400 |
},
|
| 401 |
{
|
|
|
|
| 402 |
"act_code": "P-33.35",
|
| 403 |
"act_short": "FPSLREB Act",
|
| 404 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 407 |
"part": "",
|
| 408 |
"division": "",
|
| 409 |
"heading": "Board’s Powers, Duties and Functions",
|
|
|
|
| 410 |
"history": "",
|
| 411 |
"last_amended": "2014-11-01",
|
| 412 |
"in_force": "2014-11-01",
|
| 413 |
"status": "in force",
|
| 414 |
"current_to": "2026-05-26",
|
| 415 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-22.html",
|
| 416 |
+
"id": "P-33.35-s22",
|
| 417 |
+
"text": "22 The Board may decide any matter before it without holding an oral hearing.",
|
| 418 |
+
"citation": "FPSLREB Act, s. 22"
|
| 419 |
},
|
| 420 |
{
|
|
|
|
| 421 |
"act_code": "P-33.35",
|
| 422 |
"act_short": "FPSLREB Act",
|
| 423 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 426 |
"part": "",
|
| 427 |
"division": "",
|
| 428 |
"heading": "Board’s Powers, Duties and Functions",
|
|
|
|
| 429 |
"history": "2013, c. 40, s. 365 “23”; 2014, c. 20, s. 471",
|
| 430 |
"last_amended": "2014-11-01",
|
| 431 |
"in_force": "2014-11-01",
|
| 432 |
"status": "in force",
|
| 433 |
"current_to": "2026-05-26",
|
| 434 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-23.html",
|
| 435 |
+
"id": "P-33.35-s23",
|
| 436 |
+
"text": "23 The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.",
|
| 437 |
+
"citation": "FPSLREB Act, s. 23"
|
| 438 |
},
|
| 439 |
{
|
|
|
|
| 440 |
"act_code": "P-33.35",
|
| 441 |
"act_short": "FPSLREB Act",
|
| 442 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 445 |
"part": "",
|
| 446 |
"division": "",
|
| 447 |
"heading": "Board’s Powers, Duties and Functions",
|
|
|
|
| 448 |
"history": "",
|
| 449 |
"last_amended": "2014-11-01",
|
| 450 |
"in_force": "2014-11-01",
|
| 451 |
"status": "in force",
|
| 452 |
"current_to": "2026-05-26",
|
| 453 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-24.html",
|
| 454 |
+
"id": "P-33.35-s24",
|
| 455 |
+
"text": "24 The Board may\n(a) authorize the Chairperson to exercise any of its powers or perform any of its duties or functions, other than the power to make regulations; and\n(b) authorize any person to exercise any of its powers under paragraphs 20(d) to (f) and require the person to report to it on what the person has done.",
|
| 456 |
+
"citation": "FPSLREB Act, s. 24"
|
| 457 |
},
|
| 458 |
{
|
|
|
|
| 459 |
"act_code": "P-33.35",
|
| 460 |
"act_short": "FPSLREB Act",
|
| 461 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 464 |
"part": "",
|
| 465 |
"division": "",
|
| 466 |
"heading": "Chairperson",
|
|
|
|
| 467 |
"history": "2013, c. 40, s. 365 “25”; 2014, c. 20, s. 471",
|
| 468 |
"last_amended": "2014-11-01",
|
| 469 |
"in_force": "2014-11-01",
|
| 470 |
"status": "in force",
|
| 471 |
"current_to": "2026-05-26",
|
| 472 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-25.html",
|
| 473 |
+
"id": "P-33.35-s25",
|
| 474 |
+
"text": "25 The Chairperson has supervision over and direction of the Board’s work, including\n(a) the assignment and reassignment of matters that the Board is seized of to panels;\n(b) the composition of panels; and\n(c) the determination of the date, time and place of hearings.",
|
| 475 |
+
"citation": "FPSLREB Act, s. 25"
|
| 476 |
},
|
| 477 |
{
|
|
|
|
| 478 |
"act_code": "P-33.35",
|
| 479 |
"act_short": "FPSLREB Act",
|
| 480 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 483 |
"part": "",
|
| 484 |
"division": "",
|
| 485 |
"heading": "Chairperson",
|
|
|
|
| 486 |
"history": "",
|
| 487 |
"last_amended": "2014-11-01",
|
| 488 |
"in_force": "2014-11-01",
|
| 489 |
"status": "in force",
|
| 490 |
"current_to": "2026-05-26",
|
| 491 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-26.html",
|
| 492 |
+
"id": "P-33.35-s26",
|
| 493 |
+
"text": "26 The Chairperson may authorize a Vice-chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s duties or functions, including powers, duties or functions delegated to the Chairperson by the Board.",
|
| 494 |
+
"citation": "FPSLREB Act, s. 26"
|
| 495 |
},
|
| 496 |
{
|
|
|
|
| 497 |
"act_code": "P-33.35",
|
| 498 |
"act_short": "FPSLREB Act",
|
| 499 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 502 |
"part": "",
|
| 503 |
"division": "",
|
| 504 |
"heading": "Chairperson",
|
|
|
|
| 505 |
"history": "",
|
| 506 |
"last_amended": "2014-11-01",
|
| 507 |
"in_force": "2014-11-01",
|
| 508 |
"status": "in force",
|
| 509 |
"current_to": "2026-05-26",
|
| 510 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-27.html",
|
| 511 |
+
"id": "P-33.35-s27",
|
| 512 |
+
"text": "27\n(1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-chairperson designated by the Minister is to act as Chairperson.\n(2) [Absence of Chairperson and Vice-chairpersons] If the Chairperson and the Vice-chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Chairperson for more than 90 days without the Governor in Council’s approval.",
|
| 513 |
+
"citation": "FPSLREB Act, s. 27"
|
| 514 |
},
|
| 515 |
{
|
|
|
|
| 516 |
"act_code": "P-33.35",
|
| 517 |
"act_short": "FPSLREB Act",
|
| 518 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 521 |
"part": "",
|
| 522 |
"division": "",
|
| 523 |
"heading": "Chairperson",
|
|
|
|
| 524 |
"history": "",
|
| 525 |
"last_amended": "2014-11-01",
|
| 526 |
"in_force": "2014-11-01",
|
| 527 |
"status": "repealed",
|
| 528 |
"current_to": "2026-05-26",
|
| 529 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-28.html",
|
| 530 |
+
"id": "P-33.35-s28",
|
| 531 |
+
"text": "28 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 532 |
+
"citation": "FPSLREB Act, s. 28"
|
| 533 |
},
|
| 534 |
{
|
|
|
|
| 535 |
"act_code": "P-33.35",
|
| 536 |
"act_short": "FPSLREB Act",
|
| 537 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 540 |
"part": "",
|
| 541 |
"division": "",
|
| 542 |
"heading": "Chairperson",
|
|
|
|
| 543 |
"history": "",
|
| 544 |
"last_amended": "2014-11-01",
|
| 545 |
"in_force": "2014-11-01",
|
| 546 |
"status": "repealed",
|
| 547 |
"current_to": "2026-05-26",
|
| 548 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-29.html",
|
| 549 |
+
"id": "P-33.35-s29",
|
| 550 |
+
"text": "29 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 551 |
+
"citation": "FPSLREB Act, s. 29"
|
| 552 |
},
|
| 553 |
{
|
|
|
|
| 554 |
"act_code": "P-33.35",
|
| 555 |
"act_short": "FPSLREB Act",
|
| 556 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 559 |
"part": "",
|
| 560 |
"division": "",
|
| 561 |
"heading": "Experts",
|
|
|
|
| 562 |
"history": "2013, c. 40, s. 365 “30”; 2014, c. 20, s. 471",
|
| 563 |
"last_amended": "2014-11-01",
|
| 564 |
"in_force": "2014-11-01",
|
| 565 |
"status": "in force",
|
| 566 |
"current_to": "2026-05-26",
|
| 567 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-30.html",
|
| 568 |
+
"id": "P-33.35-s30",
|
| 569 |
+
"text": "30 The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.",
|
| 570 |
+
"citation": "FPSLREB Act, s. 30"
|
| 571 |
},
|
| 572 |
{
|
|
|
|
| 573 |
"act_code": "P-33.35",
|
| 574 |
"act_short": "FPSLREB Act",
|
| 575 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 578 |
"part": "",
|
| 579 |
"division": "",
|
| 580 |
"heading": "Protection",
|
|
|
|
| 581 |
"history": "2013, c. 40, s. 365 “31”; 2014, c. 20, s. 471",
|
| 582 |
"last_amended": "2014-11-01",
|
| 583 |
"in_force": "2014-11-01",
|
| 584 |
"status": "in force",
|
| 585 |
"current_to": "2026-05-26",
|
| 586 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-31.html",
|
| 587 |
+
"id": "P-33.35-s31",
|
| 588 |
+
"text": "31\n(1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.\n(2) [Chief Administrator and employees not compellable] The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.",
|
| 589 |
+
"citation": "FPSLREB Act, s. 31"
|
| 590 |
},
|
| 591 |
{
|
|
|
|
| 592 |
"act_code": "P-33.35",
|
| 593 |
"act_short": "FPSLREB Act",
|
| 594 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 597 |
"part": "",
|
| 598 |
"division": "",
|
| 599 |
"heading": "Protection",
|
|
|
|
| 600 |
"history": "",
|
| 601 |
"last_amended": "2014-11-01",
|
| 602 |
"in_force": "2014-11-01",
|
| 603 |
"status": "in force",
|
| 604 |
"current_to": "2026-05-26",
|
| 605 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-32.html",
|
| 606 |
+
"id": "P-33.35-s32",
|
| 607 |
+
"text": "32 Notes or draft orders or decisions of the Board or of any of its members are not to be disclosed without the consent of the person who made them.",
|
| 608 |
+
"citation": "FPSLREB Act, s. 32"
|
| 609 |
},
|
| 610 |
{
|
|
|
|
| 611 |
"act_code": "P-33.35",
|
| 612 |
"act_short": "FPSLREB Act",
|
| 613 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 616 |
"part": "",
|
| 617 |
"division": "",
|
| 618 |
"heading": "Protection",
|
|
|
|
| 619 |
"history": "2013, c. 40, s. 365 “33”; 2014, c. 20, s. 471",
|
| 620 |
"last_amended": "2014-11-01",
|
| 621 |
"in_force": "2014-11-01",
|
| 622 |
"status": "in force",
|
| 623 |
"current_to": "2026-05-26",
|
| 624 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-33.html",
|
| 625 |
+
"id": "P-33.35-s33",
|
| 626 |
+
"text": "33\n(1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.\n(2) [Immunity from proceedings — Chief Administrator and employees] No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done — or omitted to be done — or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board.",
|
| 627 |
+
"citation": "FPSLREB Act, s. 33"
|
| 628 |
},
|
| 629 |
{
|
|
|
|
| 630 |
"act_code": "P-33.35",
|
| 631 |
"act_short": "FPSLREB Act",
|
| 632 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 635 |
"part": "",
|
| 636 |
"division": "",
|
| 637 |
"heading": "Review and Enforcement of Orders and Decisions",
|
|
|
|
| 638 |
"history": "",
|
| 639 |
"last_amended": "2014-11-01",
|
| 640 |
"in_force": "2014-11-01",
|
| 641 |
"status": "in force",
|
| 642 |
"current_to": "2026-05-26",
|
| 643 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-34.html",
|
| 644 |
+
"id": "P-33.35-s34",
|
| 645 |
+
"text": "34\n(1) Every order or decision of the Board is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.\n(2) [Standing of Board] The Board has standing to appear in proceedings under subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to its orders or decisions and its jurisdiction, policies and procedures.\n(3) [No review by certiorari, etc.] Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under any Act of Parliament may, on any ground, including the ground that the order, decision or proceeding is beyond the Board’s jurisdiction to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,\n(a) be questioned, reviewed, prohibited or restrained; or\n(b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.",
|
| 646 |
+
"citation": "FPSLREB Act, s. 34"
|
| 647 |
},
|
| 648 |
{
|
|
|
|
| 649 |
"act_code": "P-33.35",
|
| 650 |
"act_short": "FPSLREB Act",
|
| 651 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 654 |
"part": "",
|
| 655 |
"division": "",
|
| 656 |
"heading": "Review and Enforcement of Orders and Decisions",
|
|
|
|
| 657 |
"history": "",
|
| 658 |
"last_amended": "2014-11-01",
|
| 659 |
"in_force": "2014-11-01",
|
| 660 |
"status": "in force",
|
| 661 |
"current_to": "2026-05-26",
|
| 662 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-35.html",
|
| 663 |
+
"id": "P-33.35-s35",
|
| 664 |
+
"text": "35\n(1) The Board must, on the written request of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the Board’s opinion,\n(a) there is no indication, or likelihood, of failure to comply with the order; or\n(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.\n(2) [Effect of filing] An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.",
|
| 665 |
+
"citation": "FPSLREB Act, s. 35"
|
| 666 |
},
|
| 667 |
{
|
|
|
|
| 668 |
"act_code": "P-33.35",
|
| 669 |
"act_short": "FPSLREB Act",
|
| 670 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 673 |
"part": "",
|
| 674 |
"division": "",
|
| 675 |
"heading": "Regulations",
|
|
|
|
| 676 |
"history": "",
|
| 677 |
"last_amended": "2014-11-01",
|
| 678 |
"in_force": "2014-11-01",
|
| 679 |
"status": "in force",
|
| 680 |
"current_to": "2026-05-26",
|
| 681 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-36.html",
|
| 682 |
+
"id": "P-33.35-s36",
|
| 683 |
+
"text": "36 The Board may make regulations respecting\n(a) the practice and procedure for hearings and pre-hearing proceedings of the Board;\n(b) the use of any means of telecommunication in the conduct of its activities;\n(c) the hearing or determination of any application, complaint, question or dispute that may be made to, referred to or otherwise come before the Board;\n(d) the establishment of an expeditious procedure and matters that may be determined under that procedure;\n(e) the forms to be used in respect of any proceeding that may come before the Board;\n(f) the manner in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;\n(g) the time within which and the persons to whom notices, other than those referred to in subsections 130(1) and (2) of the Public Service Labour Relations Act, and other documents must be sent or given, and when the notices are deemed to have been sent, given or received; and\n(h) any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions.",
|
| 684 |
+
"citation": "FPSLREB Act, s. 36"
|
| 685 |
},
|
| 686 |
{
|
|
|
|
| 687 |
"act_code": "P-33.35",
|
| 688 |
"act_short": "FPSLREB Act",
|
| 689 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 692 |
"part": "",
|
| 693 |
"division": "",
|
| 694 |
"heading": "Panels",
|
|
|
|
| 695 |
"history": "",
|
| 696 |
"last_amended": "2014-11-01",
|
| 697 |
"in_force": "2014-11-01",
|
| 698 |
"status": "in force",
|
| 699 |
"current_to": "2026-05-26",
|
| 700 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-37.html",
|
| 701 |
+
"id": "P-33.35-s37",
|
| 702 |
+
"text": "37\n(1) Subject to subsection (2), matters of which the Board is seized are to be heard by a panel consisting of one member.\n(2) [Three-member panels] If the Chairperson considers that the complexity of a matter requires it, he or she may assign the matter to a panel consisting of three members.\n(3) [Chairperson of three-member panel] If the Chairperson is a member of a three-person panel, he or she is to be its chairperson; otherwise, he or she must designate a member of it to be its chairperson.",
|
| 703 |
+
"citation": "FPSLREB Act, s. 37"
|
| 704 |
},
|
| 705 |
{
|
|
|
|
| 706 |
"act_code": "P-33.35",
|
| 707 |
"act_short": "FPSLREB Act",
|
| 708 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 711 |
"part": "",
|
| 712 |
"division": "",
|
| 713 |
"heading": "Panels",
|
|
|
|
| 714 |
"history": "",
|
| 715 |
"last_amended": "2014-11-01",
|
| 716 |
"in_force": "2014-11-01",
|
| 717 |
"status": "in force",
|
| 718 |
"current_to": "2026-05-26",
|
| 719 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-38.html",
|
| 720 |
+
"id": "P-33.35-s38",
|
| 721 |
+
"text": "38\n(1) In the event of the death or incapacity of a member of a three-member panel, other than the death or incapacity of the chairperson of the panel, the chairperson of the panel may determine any matter that was before the panel and his or her decision is deemed to be the panel’s decision.\n(2) [Chairperson’s death or incapacity] In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of one member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.",
|
| 722 |
+
"citation": "FPSLREB Act, s. 38"
|
| 723 |
},
|
| 724 |
{
|
|
|
|
| 725 |
"act_code": "P-33.35",
|
| 726 |
"act_short": "FPSLREB Act",
|
| 727 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 730 |
"part": "",
|
| 731 |
"division": "",
|
| 732 |
"heading": "Panels",
|
|
|
|
| 733 |
"history": "",
|
| 734 |
"last_amended": "2014-11-01",
|
| 735 |
"in_force": "2014-11-01",
|
| 736 |
"status": "in force",
|
| 737 |
"current_to": "2026-05-26",
|
| 738 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-39.html",
|
| 739 |
+
"id": "P-33.35-s39",
|
| 740 |
+
"text": "39 A panel has all of the Board’s powers, rights and privileges with respect to any matter assigned to the panel.",
|
| 741 |
+
"citation": "FPSLREB Act, s. 39"
|
| 742 |
},
|
| 743 |
{
|
|
|
|
| 744 |
"act_code": "P-33.35",
|
| 745 |
"act_short": "FPSLREB Act",
|
| 746 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 749 |
"part": "",
|
| 750 |
"division": "",
|
| 751 |
"heading": "Panels",
|
|
|
|
| 752 |
"history": "",
|
| 753 |
"last_amended": "2014-11-01",
|
| 754 |
"in_force": "2014-11-01",
|
| 755 |
"status": "in force",
|
| 756 |
"current_to": "2026-05-26",
|
| 757 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-40.html",
|
| 758 |
+
"id": "P-33.35-s40",
|
| 759 |
+
"text": "40\n(1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority, the decision of the chairperson of the panel is the decision of the panel.\n(2) [Board’s decision] A decision of a panel is a decision of the Board.",
|
| 760 |
+
"citation": "FPSLREB Act, s. 40"
|
| 761 |
},
|
| 762 |
{
|
|
|
|
| 763 |
"act_code": "P-33.35",
|
| 764 |
"act_short": "FPSLREB Act",
|
| 765 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 768 |
"part": "",
|
| 769 |
"division": "",
|
| 770 |
"heading": "Witness Fees",
|
|
|
|
| 771 |
"history": "",
|
| 772 |
"last_amended": "2014-11-01",
|
| 773 |
"in_force": "2014-11-01",
|
| 774 |
"status": "in force",
|
| 775 |
"current_to": "2026-05-26",
|
| 776 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-41.html",
|
| 777 |
+
"id": "P-33.35-s41",
|
| 778 |
+
"text": "41 A person who is summoned by the Board to attend as a witness at any of its proceedings is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if they were summoned to attend before the Federal Court.",
|
| 779 |
+
"citation": "FPSLREB Act, s. 41"
|
| 780 |
},
|
| 781 |
{
|
|
|
|
| 782 |
"act_code": "P-33.35",
|
| 783 |
"act_short": "FPSLREB Act",
|
| 784 |
"act_name": "Federal Public Sector Labour Relations and Employment Board Act",
|
|
|
|
| 787 |
"part": "",
|
| 788 |
"division": "",
|
| 789 |
"heading": "Annual Report",
|
|
|
|
| 790 |
"history": "",
|
| 791 |
"last_amended": "2014-11-01",
|
| 792 |
"in_force": "2014-11-01",
|
| 793 |
"status": "in force",
|
| 794 |
"current_to": "2026-05-26",
|
| 795 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-42.html",
|
| 796 |
+
"id": "P-33.35-s42",
|
| 797 |
+
"text": "42\n(1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act.\n(2) [Tabling in Parliament] The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives it.",
|
| 798 |
+
"citation": "FPSLREB Act, s. 42"
|
| 799 |
}
|
| 800 |
]
|
|
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|
|
|
@@ -1,6 +1,5 @@
|
|
| 1 |
[
|
| 2 |
{
|
| 3 |
-
"id": "S-6.9-s1",
|
| 4 |
"act_code": "S-6.9",
|
| 5 |
"act_short": "SCIDA",
|
| 6 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -9,17 +8,17 @@
|
|
| 9 |
"part": "",
|
| 10 |
"division": "",
|
| 11 |
"heading": "Short Title",
|
| 12 |
-
"text": "1 This Act may be cited as the Security of Canada Information Disclosure Act.",
|
| 13 |
"history": "2015, c. 20, s. 2 “1”; 2019, c. 13, s. 114(E)",
|
| 14 |
"last_amended": "2019-06-21",
|
| 15 |
"in_force": "2019-06-21",
|
| 16 |
"status": "in force",
|
| 17 |
"current_to": "2023-12-15",
|
| 18 |
-
"
|
| 19 |
-
"
|
|
|
|
|
|
|
| 20 |
},
|
| 21 |
{
|
| 22 |
-
"id": "S-6.9-s2",
|
| 23 |
"act_code": "S-6.9",
|
| 24 |
"act_short": "SCIDA",
|
| 25 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -28,17 +27,17 @@
|
|
| 28 |
"part": "",
|
| 29 |
"division": "",
|
| 30 |
"heading": "Interpretation",
|
| 31 |
-
"text": "2\n(1) The following definitions apply in this Act.\nactivity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes\n(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;\n(b) changing or unduly influencing a government in Canada by force or unlawful means;\n(c) espionage, sabotage or covert foreign-influenced activities;\n(d) terrorism;\n(e) proliferation of nuclear, chemical, radiological or biological weapons;\n(f) significant or widespread interference with critical infrastructure;\n(g) significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and\n(h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)\n(i) [Repealed, 2019, c. 13, s. 115]\nGovernment of Canada institution means\n(a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or\n(b) an institution that is listed in Schedule 2. (institution fédérale)\npeople of Canada[Repealed, 2019, c. 13, s. 115]\n(2) [Exception] For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.",
|
| 32 |
"history": "2015, c. 20, s. 2 “2”; 2019, c. 13, s. 89; 2019, c. 13, s. 115",
|
| 33 |
"last_amended": "2019-08-01",
|
| 34 |
"in_force": "2015-08-01",
|
| 35 |
"status": "in force",
|
| 36 |
"current_to": "2023-12-15",
|
| 37 |
-
"
|
| 38 |
-
"
|
|
|
|
|
|
|
| 39 |
},
|
| 40 |
{
|
| 41 |
-
"id": "S-6.9-s3",
|
| 42 |
"act_code": "S-6.9",
|
| 43 |
"act_short": "SCIDA",
|
| 44 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -47,17 +46,17 @@
|
|
| 47 |
"part": "",
|
| 48 |
"division": "",
|
| 49 |
"heading": "Purpose and Principles",
|
| 50 |
-
"text": "3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.",
|
| 51 |
"history": "2015, c. 20, s. 2 “3”; 2019, c. 13, s. 116(E)",
|
| 52 |
"last_amended": "2019-06-21",
|
| 53 |
"in_force": "2019-06-21",
|
| 54 |
"status": "in force",
|
| 55 |
"current_to": "2023-12-15",
|
| 56 |
-
"
|
| 57 |
-
"
|
|
|
|
|
|
|
| 58 |
},
|
| 59 |
{
|
| 60 |
-
"id": "S-6.9-s4",
|
| 61 |
"act_code": "S-6.9",
|
| 62 |
"act_short": "SCIDA",
|
| 63 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -66,17 +65,17 @@
|
|
| 66 |
"part": "",
|
| 67 |
"division": "",
|
| 68 |
"heading": "Purpose and Principles",
|
| 69 |
-
"text": "4 The disclosure of information under this Act is to be guided by the following principles:\n(a) effective and responsible disclosure of information protects Canada and Canadians;\n(b) respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;\n(c) entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;\n(d) the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and\n(e) only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act.",
|
| 70 |
"history": "2015, c. 20, s. 2 “4”; 2019, c. 13, s. 117",
|
| 71 |
"last_amended": "2019-06-21",
|
| 72 |
"in_force": "2015-08-01",
|
| 73 |
"status": "in force",
|
| 74 |
"current_to": "2023-12-15",
|
| 75 |
-
"
|
| 76 |
-
"
|
|
|
|
|
|
|
| 77 |
},
|
| 78 |
{
|
| 79 |
-
"id": "S-6.9-s5",
|
| 80 |
"act_code": "S-6.9",
|
| 81 |
"act_short": "SCIDA",
|
| 82 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -85,17 +84,17 @@
|
|
| 85 |
"part": "",
|
| 86 |
"division": "",
|
| 87 |
"heading": "Disclosure of Information",
|
| 88 |
-
"text": "5\n(1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that\n(a) the disclosure will contribute to the exercise of the recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and\n(b) the disclosure will not affect any person’s privacy interest more than is reasonably necessary in the circumstances.\n(2) [Statement regarding accuracy and reliability] An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.",
|
| 89 |
"history": "2015, c. 20, s. 2 “5”; 2019, c. 13, s. 118",
|
| 90 |
"last_amended": "2019-06-21",
|
| 91 |
"in_force": "2019-06-21",
|
| 92 |
"status": "in force",
|
| 93 |
"current_to": "2023-12-15",
|
| 94 |
-
"
|
| 95 |
-
"
|
|
|
|
|
|
|
| 96 |
},
|
| 97 |
{
|
| 98 |
-
"id": "S-6.9-s5.1",
|
| 99 |
"act_code": "S-6.9",
|
| 100 |
"act_short": "SCIDA",
|
| 101 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -104,17 +103,17 @@
|
|
| 104 |
"part": "",
|
| 105 |
"division": "",
|
| 106 |
"heading": "Disclosure of Information",
|
| 107 |
-
"text": "5.1\n(1) A Government of Canada institution must, as soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada.\n(2) [Exception] Subsection (1) does not apply if the retention of the information is required by law.\n(3) [Canadian Security Intelligence Service Act] Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.",
|
| 108 |
"history": "2019, c. 13, s. 118",
|
| 109 |
"last_amended": "2019-06-21",
|
| 110 |
"in_force": "2019-06-21",
|
| 111 |
"status": "in force",
|
| 112 |
"current_to": "2023-12-15",
|
| 113 |
-
"
|
| 114 |
-
"
|
|
|
|
|
|
|
| 115 |
},
|
| 116 |
{
|
| 117 |
-
"id": "S-6.9-s6",
|
| 118 |
"act_code": "S-6.9",
|
| 119 |
"act_short": "SCIDA",
|
| 120 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -123,17 +122,17 @@
|
|
| 123 |
"part": "",
|
| 124 |
"division": "",
|
| 125 |
"heading": "Disclosure of Information",
|
| 126 |
-
"text": "6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.",
|
| 127 |
"history": "2015, c. 20, s. 2 “6”; 2019, c. 13, s. 118",
|
| 128 |
"last_amended": "2019-06-21",
|
| 129 |
"in_force": "2019-06-21",
|
| 130 |
"status": "in force",
|
| 131 |
"current_to": "2023-12-15",
|
| 132 |
-
"
|
| 133 |
-
"
|
|
|
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|
| 134 |
},
|
| 135 |
{
|
| 136 |
-
"id": "S-6.9-s7",
|
| 137 |
"act_code": "S-6.9",
|
| 138 |
"act_short": "SCIDA",
|
| 139 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -142,17 +141,17 @@
|
|
| 142 |
"part": "",
|
| 143 |
"division": "",
|
| 144 |
"heading": "Disclosure of Information",
|
| 145 |
-
"text": "7 The act of disclosing information under this Act does not create a presumption\n(a) that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or\n(b) that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2015-08-01",
|
| 148 |
"in_force": "2015-08-01",
|
| 149 |
"status": "in force",
|
| 150 |
"current_to": "2023-12-15",
|
| 151 |
-
"
|
| 152 |
-
"
|
|
|
|
|
|
|
| 153 |
},
|
| 154 |
{
|
| 155 |
-
"id": "S-6.9-s7.1",
|
| 156 |
"act_code": "S-6.9",
|
| 157 |
"act_short": "SCIDA",
|
| 158 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -161,17 +160,17 @@
|
|
| 161 |
"part": "",
|
| 162 |
"division": "",
|
| 163 |
"heading": "Disclosure of Information",
|
| 164 |
-
"text": "7.1 For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.",
|
| 165 |
"history": "2019, c. 13, s. 118.1",
|
| 166 |
"last_amended": "2019-06-21",
|
| 167 |
"in_force": "2019-06-21",
|
| 168 |
"status": "in force",
|
| 169 |
"current_to": "2023-12-15",
|
| 170 |
-
"
|
| 171 |
-
"
|
|
|
|
|
|
|
| 172 |
},
|
| 173 |
{
|
| 174 |
-
"id": "S-6.9-s8",
|
| 175 |
"act_code": "S-6.9",
|
| 176 |
"act_short": "SCIDA",
|
| 177 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -180,17 +179,17 @@
|
|
| 180 |
"part": "",
|
| 181 |
"division": "",
|
| 182 |
"heading": "Disclosure of Information",
|
| 183 |
-
"text": "8 Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2015-08-01",
|
| 186 |
"in_force": "2015-08-01",
|
| 187 |
"status": "in force",
|
| 188 |
"current_to": "2023-12-15",
|
| 189 |
-
"
|
| 190 |
-
"
|
|
|
|
|
|
|
| 191 |
},
|
| 192 |
{
|
| 193 |
-
"id": "S-6.9-s9",
|
| 194 |
"act_code": "S-6.9",
|
| 195 |
"act_short": "SCIDA",
|
| 196 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -199,17 +198,17 @@
|
|
| 199 |
"part": "",
|
| 200 |
"division": "",
|
| 201 |
"heading": "Record Keeping",
|
| 202 |
-
"text": "9\n(1) Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the individual who authorized its disclosure;\n(c) the name of the recipient Government of Canada institution;\n(d) the date on which it was disclosed;\n(e) a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and\n(f) any other information specified by the regulations.\n(2) [Obligation — recipient institution] Every Government of Canada institution that receives information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the institution that disclosed it;\n(c) the name or position of the head of the recipient institution — or of the person designated by the head — who received the information;\n(d) the date on which it was received by the recipient institution;\n(e) whether the information has been destroyed or returned under subsection 5.1(1);\n(f) if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed;\n(g) if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and\n(h) any other information specified by the regulations.\n(3) [Copy to National Security and Intelligence Review Agency] Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information.",
|
| 203 |
"history": "2015, c. 20, s. 2 “9”; 2019, c. 13, s. 119",
|
| 204 |
"last_amended": "2019-07-12",
|
| 205 |
"in_force": "2019-06-21",
|
| 206 |
"status": "in force",
|
| 207 |
"current_to": "2023-12-15",
|
| 208 |
-
"
|
| 209 |
-
"
|
|
|
|
|
|
|
| 210 |
},
|
| 211 |
{
|
| 212 |
-
"id": "S-6.9-s10",
|
| 213 |
"act_code": "S-6.9",
|
| 214 |
"act_short": "SCIDA",
|
| 215 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
@@ -218,13 +217,14 @@
|
|
| 218 |
"part": "",
|
| 219 |
"division": "",
|
| 220 |
"heading": "Powers of Governor in Council",
|
| 221 |
-
"text": "10\n(1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations\n(a) respecting the manner of disclosure under section 5;\n(b) specifying information for the purposes of paragraph 9(1)(f) or (2)(f); and\n(c) respecting the manner in which records that are required by subsection 9(1) or (2) are to be prepared and kept and specifying the period during which they are to be kept.\n(2) [Amendments to Schedules 1 and 2] The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.\n(3) [Amendments to Schedule 3] The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.",
|
| 222 |
"history": "2015, c. 20, s. 2 “10”; 2019, c. 13, s. 120",
|
| 223 |
"last_amended": "2019-07-12",
|
| 224 |
"in_force": "2015-08-01",
|
| 225 |
"status": "in force",
|
| 226 |
"current_to": "2023-12-15",
|
| 227 |
-
"
|
| 228 |
-
"
|
|
|
|
|
|
|
| 229 |
}
|
| 230 |
]
|
|
|
|
| 1 |
[
|
| 2 |
{
|
|
|
|
| 3 |
"act_code": "S-6.9",
|
| 4 |
"act_short": "SCIDA",
|
| 5 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 8 |
"part": "",
|
| 9 |
"division": "",
|
| 10 |
"heading": "Short Title",
|
|
|
|
| 11 |
"history": "2015, c. 20, s. 2 “1”; 2019, c. 13, s. 114(E)",
|
| 12 |
"last_amended": "2019-06-21",
|
| 13 |
"in_force": "2019-06-21",
|
| 14 |
"status": "in force",
|
| 15 |
"current_to": "2023-12-15",
|
| 16 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-1.html",
|
| 17 |
+
"id": "S-6.9-s1",
|
| 18 |
+
"text": "1 This Act may be cited as the Security of Canada Information Disclosure Act.",
|
| 19 |
+
"citation": "SCIDA, s. 1"
|
| 20 |
},
|
| 21 |
{
|
|
|
|
| 22 |
"act_code": "S-6.9",
|
| 23 |
"act_short": "SCIDA",
|
| 24 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 27 |
"part": "",
|
| 28 |
"division": "",
|
| 29 |
"heading": "Interpretation",
|
|
|
|
| 30 |
"history": "2015, c. 20, s. 2 “2”; 2019, c. 13, s. 89; 2019, c. 13, s. 115",
|
| 31 |
"last_amended": "2019-08-01",
|
| 32 |
"in_force": "2015-08-01",
|
| 33 |
"status": "in force",
|
| 34 |
"current_to": "2023-12-15",
|
| 35 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-2.html",
|
| 36 |
+
"id": "S-6.9-s2",
|
| 37 |
+
"text": "2\n(1) The following definitions apply in this Act.\nactivity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes\n(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;\n(b) changing or unduly influencing a government in Canada by force or unlawful means;\n(c) espionage, sabotage or covert foreign-influenced activities;\n(d) terrorism;\n(e) proliferation of nuclear, chemical, radiological or biological weapons;\n(f) significant or widespread interference with critical infrastructure;\n(g) significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and\n(h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)\n(i) [Repealed, 2019, c. 13, s. 115]\nGovernment of Canada institution means\n(a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or\n(b) an institution that is listed in Schedule 2. (institution fédérale)\npeople of Canada[Repealed, 2019, c. 13, s. 115]\n(2) [Exception] For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.",
|
| 38 |
+
"citation": "SCIDA, s. 2"
|
| 39 |
},
|
| 40 |
{
|
|
|
|
| 41 |
"act_code": "S-6.9",
|
| 42 |
"act_short": "SCIDA",
|
| 43 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 46 |
"part": "",
|
| 47 |
"division": "",
|
| 48 |
"heading": "Purpose and Principles",
|
|
|
|
| 49 |
"history": "2015, c. 20, s. 2 “3”; 2019, c. 13, s. 116(E)",
|
| 50 |
"last_amended": "2019-06-21",
|
| 51 |
"in_force": "2019-06-21",
|
| 52 |
"status": "in force",
|
| 53 |
"current_to": "2023-12-15",
|
| 54 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-3.html",
|
| 55 |
+
"id": "S-6.9-s3",
|
| 56 |
+
"text": "3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.",
|
| 57 |
+
"citation": "SCIDA, s. 3"
|
| 58 |
},
|
| 59 |
{
|
|
|
|
| 60 |
"act_code": "S-6.9",
|
| 61 |
"act_short": "SCIDA",
|
| 62 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 65 |
"part": "",
|
| 66 |
"division": "",
|
| 67 |
"heading": "Purpose and Principles",
|
|
|
|
| 68 |
"history": "2015, c. 20, s. 2 “4”; 2019, c. 13, s. 117",
|
| 69 |
"last_amended": "2019-06-21",
|
| 70 |
"in_force": "2015-08-01",
|
| 71 |
"status": "in force",
|
| 72 |
"current_to": "2023-12-15",
|
| 73 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-4.html",
|
| 74 |
+
"id": "S-6.9-s4",
|
| 75 |
+
"text": "4 The disclosure of information under this Act is to be guided by the following principles:\n(a) effective and responsible disclosure of information protects Canada and Canadians;\n(b) respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;\n(c) entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;\n(d) the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and\n(e) only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act.",
|
| 76 |
+
"citation": "SCIDA, s. 4"
|
| 77 |
},
|
| 78 |
{
|
|
|
|
| 79 |
"act_code": "S-6.9",
|
| 80 |
"act_short": "SCIDA",
|
| 81 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 84 |
"part": "",
|
| 85 |
"division": "",
|
| 86 |
"heading": "Disclosure of Information",
|
|
|
|
| 87 |
"history": "2015, c. 20, s. 2 “5”; 2019, c. 13, s. 118",
|
| 88 |
"last_amended": "2019-06-21",
|
| 89 |
"in_force": "2019-06-21",
|
| 90 |
"status": "in force",
|
| 91 |
"current_to": "2023-12-15",
|
| 92 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-5.html",
|
| 93 |
+
"id": "S-6.9-s5",
|
| 94 |
+
"text": "5\n(1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that\n(a) the disclosure will contribute to the exercise of the recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and\n(b) the disclosure will not affect any person’s privacy interest more than is reasonably necessary in the circumstances.\n(2) [Statement regarding accuracy and reliability] An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.",
|
| 95 |
+
"citation": "SCIDA, s. 5"
|
| 96 |
},
|
| 97 |
{
|
|
|
|
| 98 |
"act_code": "S-6.9",
|
| 99 |
"act_short": "SCIDA",
|
| 100 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 103 |
"part": "",
|
| 104 |
"division": "",
|
| 105 |
"heading": "Disclosure of Information",
|
|
|
|
| 106 |
"history": "2019, c. 13, s. 118",
|
| 107 |
"last_amended": "2019-06-21",
|
| 108 |
"in_force": "2019-06-21",
|
| 109 |
"status": "in force",
|
| 110 |
"current_to": "2023-12-15",
|
| 111 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-5.1.html",
|
| 112 |
+
"id": "S-6.9-s5.1",
|
| 113 |
+
"text": "5.1\n(1) A Government of Canada institution must, as soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada.\n(2) [Exception] Subsection (1) does not apply if the retention of the information is required by law.\n(3) [Canadian Security Intelligence Service Act] Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.",
|
| 114 |
+
"citation": "SCIDA, s. 5.1"
|
| 115 |
},
|
| 116 |
{
|
|
|
|
| 117 |
"act_code": "S-6.9",
|
| 118 |
"act_short": "SCIDA",
|
| 119 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 122 |
"part": "",
|
| 123 |
"division": "",
|
| 124 |
"heading": "Disclosure of Information",
|
|
|
|
| 125 |
"history": "2015, c. 20, s. 2 “6”; 2019, c. 13, s. 118",
|
| 126 |
"last_amended": "2019-06-21",
|
| 127 |
"in_force": "2019-06-21",
|
| 128 |
"status": "in force",
|
| 129 |
"current_to": "2023-12-15",
|
| 130 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-6.html",
|
| 131 |
+
"id": "S-6.9-s6",
|
| 132 |
+
"text": "6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.",
|
| 133 |
+
"citation": "SCIDA, s. 6"
|
| 134 |
},
|
| 135 |
{
|
|
|
|
| 136 |
"act_code": "S-6.9",
|
| 137 |
"act_short": "SCIDA",
|
| 138 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 141 |
"part": "",
|
| 142 |
"division": "",
|
| 143 |
"heading": "Disclosure of Information",
|
|
|
|
| 144 |
"history": "",
|
| 145 |
"last_amended": "2015-08-01",
|
| 146 |
"in_force": "2015-08-01",
|
| 147 |
"status": "in force",
|
| 148 |
"current_to": "2023-12-15",
|
| 149 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-7.html",
|
| 150 |
+
"id": "S-6.9-s7",
|
| 151 |
+
"text": "7 The act of disclosing information under this Act does not create a presumption\n(a) that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or\n(b) that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution.",
|
| 152 |
+
"citation": "SCIDA, s. 7"
|
| 153 |
},
|
| 154 |
{
|
|
|
|
| 155 |
"act_code": "S-6.9",
|
| 156 |
"act_short": "SCIDA",
|
| 157 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 160 |
"part": "",
|
| 161 |
"division": "",
|
| 162 |
"heading": "Disclosure of Information",
|
|
|
|
| 163 |
"history": "2019, c. 13, s. 118.1",
|
| 164 |
"last_amended": "2019-06-21",
|
| 165 |
"in_force": "2019-06-21",
|
| 166 |
"status": "in force",
|
| 167 |
"current_to": "2023-12-15",
|
| 168 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-7.1.html",
|
| 169 |
+
"id": "S-6.9-s7.1",
|
| 170 |
+
"text": "7.1 For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.",
|
| 171 |
+
"citation": "SCIDA, s. 7.1"
|
| 172 |
},
|
| 173 |
{
|
|
|
|
| 174 |
"act_code": "S-6.9",
|
| 175 |
"act_short": "SCIDA",
|
| 176 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
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|
| 179 |
"part": "",
|
| 180 |
"division": "",
|
| 181 |
"heading": "Disclosure of Information",
|
|
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| 182 |
"history": "",
|
| 183 |
"last_amended": "2015-08-01",
|
| 184 |
"in_force": "2015-08-01",
|
| 185 |
"status": "in force",
|
| 186 |
"current_to": "2023-12-15",
|
| 187 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-8.html",
|
| 188 |
+
"id": "S-6.9-s8",
|
| 189 |
+
"text": "8 Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.",
|
| 190 |
+
"citation": "SCIDA, s. 8"
|
| 191 |
},
|
| 192 |
{
|
|
|
|
| 193 |
"act_code": "S-6.9",
|
| 194 |
"act_short": "SCIDA",
|
| 195 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 198 |
"part": "",
|
| 199 |
"division": "",
|
| 200 |
"heading": "Record Keeping",
|
|
|
|
| 201 |
"history": "2015, c. 20, s. 2 “9”; 2019, c. 13, s. 119",
|
| 202 |
"last_amended": "2019-07-12",
|
| 203 |
"in_force": "2019-06-21",
|
| 204 |
"status": "in force",
|
| 205 |
"current_to": "2023-12-15",
|
| 206 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-9.html",
|
| 207 |
+
"id": "S-6.9-s9",
|
| 208 |
+
"text": "9\n(1) Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the individual who authorized its disclosure;\n(c) the name of the recipient Government of Canada institution;\n(d) the date on which it was disclosed;\n(e) a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and\n(f) any other information specified by the regulations.\n(2) [Obligation — recipient institution] Every Government of Canada institution that receives information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the institution that disclosed it;\n(c) the name or position of the head of the recipient institution — or of the person designated by the head — who received the information;\n(d) the date on which it was received by the recipient institution;\n(e) whether the information has been destroyed or returned under subsection 5.1(1);\n(f) if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed;\n(g) if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and\n(h) any other information specified by the regulations.\n(3) [Copy to National Security and Intelligence Review Agency] Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information.",
|
| 209 |
+
"citation": "SCIDA, s. 9"
|
| 210 |
},
|
| 211 |
{
|
|
|
|
| 212 |
"act_code": "S-6.9",
|
| 213 |
"act_short": "SCIDA",
|
| 214 |
"act_name": "Security of Canada Information Disclosure Act",
|
|
|
|
| 217 |
"part": "",
|
| 218 |
"division": "",
|
| 219 |
"heading": "Powers of Governor in Council",
|
|
|
|
| 220 |
"history": "2015, c. 20, s. 2 “10”; 2019, c. 13, s. 120",
|
| 221 |
"last_amended": "2019-07-12",
|
| 222 |
"in_force": "2015-08-01",
|
| 223 |
"status": "in force",
|
| 224 |
"current_to": "2023-12-15",
|
| 225 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-10.html",
|
| 226 |
+
"id": "S-6.9-s10",
|
| 227 |
+
"text": "10\n(1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations\n(a) respecting the manner of disclosure under section 5;\n(b) specifying information for the purposes of paragraph 9(1)(f) or (2)(f); and\n(c) respecting the manner in which records that are required by subsection 9(1) or (2) are to be prepared and kept and specifying the period during which they are to be kept.\n(2) [Amendments to Schedules 1 and 2] The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.\n(3) [Amendments to Schedule 3] The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.",
|
| 228 |
+
"citation": "SCIDA, s. 10"
|
| 229 |
}
|
| 230 |
]
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@@ -1,6 +1,5 @@
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[
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| 2 |
{
|
| 3 |
-
"id": "SOR-2002-412-s1",
|
| 4 |
"act_code": "SOR-2002-412",
|
| 5 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 6 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -9,17 +8,36 @@
|
|
| 9 |
"part": "",
|
| 10 |
"division": "",
|
| 11 |
"heading": "Interpretation",
|
| 12 |
-
"text": "1\n(1) The following definitions apply in the Act and these Regulations.\ncourier means a commercial carrier that is engaged in scheduled international transportation of shipments of goods other than goods imported or exported as mail. (messager)\nmonetary instruments means the following instruments in bearer form or in such other form as title to them passes on delivery, namely,\n(a) securities, including stocks, bonds, debentures and treasury bills; and\n(b) negotiable instruments, including bank drafts, cheques, promissory notes, travellers’ cheques and money orders, other than warehouse receipts or bills of lading.\nFor greater certainty, this definition does not apply to securities or negotiable instruments that bear restrictive endorsements or a stamp for the purposes of clearing. (effets)\n(2) The following definitions apply in these Regulations.\nAct means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. (Loi)\ncargo ship means a commercial vessel that is engaged in international transportation of shipments of goods other than goods imported or exported as mail. (navire de charge)\ncommercial passenger conveyance means a conveyance that is used to carry passengers who have paid for passage. (moyen de transport commercial de passagers)\nconveyance means any vehicle, aircraft or water-borne craft, or other contrivance that is used to move persons, goods, currency or monetary instruments. (moyen de transport)\ncruise ship means a commercial vessel that has sleeping facilities for over 70 persons who are not crew members but does not include a vessel engaged in passenger or cargo ferry service. (navire de croisière)\ncurrency means coins referred to in section 7 of the Currency Act, notes issued by the Bank of Canada under the Bank of Canada Act that are intended for circulation in Canada or coins or bank notes of countries other than Canada. (espèces)\nemergency means a medical emergency, fire, flood or other disaster that threatens life, property or the environment. (urgence)\nnon-commercial passenger conveyance means a conveyance that does not have aboard any person who has paid for passage and includes corporate aircraft, private aircraft and marine pleasure craft. (moyen de transport non commercial de passagers)\ntransfer agent means a person or entity appointed by a corporation to maintain records of stock, debenture and bond owners, to cancel and issue certificates and to send out dividend cheques. (agent de transfert)",
|
| 13 |
"history": "SOR/2003-358, s. 25; SOR/2019-240, s. 50; 2024, c. 17, s. 348",
|
| 14 |
"last_amended": "2024-07-01",
|
| 15 |
"in_force": "2006-03-22",
|
| 16 |
"status": "in force",
|
| 17 |
"current_to": "2024-07-23",
|
| 18 |
-
"
|
| 19 |
-
"
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| 20 |
},
|
| 21 |
{
|
| 22 |
-
"id": "SOR-2002-412-s2",
|
| 23 |
"act_code": "SOR-2002-412",
|
| 24 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 25 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -28,17 +46,17 @@
|
|
| 28 |
"part": "",
|
| 29 |
"division": "",
|
| 30 |
"heading": "Minimum Value of Currency or Monetary Instruments",
|
| 31 |
-
"text": "2\n(1) For the purposes of subsection 12(1) of the Act, the prescribed amount is $10,000.\n(2) The amount is in Canadian dollars, or in its equivalent in a foreign currency using\n(a) the exchange rate that is published by the Bank of Canada for that foreign currency and that is in effect at the time of the importation or exportation; or\n(b) if no exchange rate is published by the Bank of Canada for that foreign currency, the exchange rate that the person or entity would use in the ordinary course of business at the time of the importation or exportation.",
|
| 32 |
"history": "SOR/2019-240, s. 51",
|
| 33 |
"last_amended": "2020-06-01",
|
| 34 |
"in_force": "2020-06-01",
|
| 35 |
"status": "in force",
|
| 36 |
"current_to": "2024-07-23",
|
| 37 |
-
"
|
| 38 |
-
"
|
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| 39 |
},
|
| 40 |
{
|
| 41 |
-
"id": "SOR-2002-412-s3",
|
| 42 |
"act_code": "SOR-2002-412",
|
| 43 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 44 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -47,17 +65,17 @@
|
|
| 47 |
"part": "",
|
| 48 |
"division": "",
|
| 49 |
"heading": "Manner of Reporting",
|
| 50 |
-
"text": "3 Subject to subsections 4(3) and (3.1) and section 8, a report with respect to the importation or exportation of currency or monetary instruments shall\n(a) be made in writing;\n(b) contain the information referred to\n(i) in Schedule 1, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is not transporting on behalf of an entity or other person,\n(ii) in Schedule 2, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is transporting on behalf of an entity or other person,\n(iii) in Schedule 2, in the case of a report made by the person or entity described in paragraph 12(3)(b), (c) or (e) of the Act, and\n(iv) in Schedule 3, in the case of a report made by the person described in paragraph 12(3)(d) of the Act;\n(c) contain a declaration that the statements made in the report are true, accurate and complete; and\n(d) be signed and dated by the person or entity described in paragraph 12(3)(a), (b), (c), (d) or (e) of the Act, as applicable.",
|
| 51 |
"history": "SOR/2002-412, s. 19; SOR/2019-240, s. 53",
|
| 52 |
"last_amended": "2020-06-01",
|
| 53 |
"in_force": "2006-03-22",
|
| 54 |
"status": "in force",
|
| 55 |
"current_to": "2024-07-23",
|
| 56 |
-
"
|
| 57 |
-
"
|
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|
| 58 |
},
|
| 59 |
{
|
| 60 |
-
"id": "SOR-2002-412-s3.1",
|
| 61 |
"act_code": "SOR-2002-412",
|
| 62 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 63 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -66,17 +84,17 @@
|
|
| 66 |
"part": "",
|
| 67 |
"division": "",
|
| 68 |
"heading": "Manner of Reporting",
|
| 69 |
-
"text": "3.1 For greater certainty, although items in Schedules 1 to 3 are described in the singular, a person or entity shall report all known information that falls within an item.",
|
| 70 |
"history": "SOR/2019-240, s. 54",
|
| 71 |
"last_amended": "2020-06-01",
|
| 72 |
"in_force": "2020-06-01",
|
| 73 |
"status": "in force",
|
| 74 |
"current_to": "2024-07-23",
|
| 75 |
-
"
|
| 76 |
-
"
|
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|
| 77 |
},
|
| 78 |
{
|
| 79 |
-
"id": "SOR-2002-412-s4",
|
| 80 |
"act_code": "SOR-2002-412",
|
| 81 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 82 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -85,17 +103,55 @@
|
|
| 85 |
"part": "",
|
| 86 |
"division": "",
|
| 87 |
"heading": "Importation Reporting",
|
| 88 |
-
"text": "4\n(1) Subject to subsections (2) to (5) and section 9, a report with respect to currency or monetary instruments transported by a person arriving in Canada shall be submitted without delay by the person at the customs office located at the place of importation or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time.\n(2) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination another place in Canada at which there is a customs office may be submitted without delay by the person at that customs office or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time, on condition that\n(a) the person does not disembark from the conveyance at the place of arrival in Canada and the currency or monetary instruments are not removed from the conveyance at that place, other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the other place in Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area, other than to board or to be loaded on board a commercial passenger conveyance for departure to the other place in Canada.\n(3) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance at a customs office where, under the Customs Act, customs reporting may be done by radio or telephone may be submitted by radio or telephone to an officer by that person or the person in charge of the conveyance at that location, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments at the time and place specified by the officer.\n(3.1) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance, at a customs office where the person is authorized in accordance with the Presentation of Persons (2003) Regulations to present in an alternative manner, may be submitted to an officer by telephone, by that person or the person in charge of the conveyance before arriving in Canada, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments on arrival in Canada at the time and place specified by the officer.\n(4) A report with respect to currency or monetary instruments transported by a freight train crew member arriving in Canada on board the freight train shall be submitted without delay by the crew member at the customs office specified by the officer when the crew member presents himself or herself in accordance with section 11 of the Customs Act.\n(5) A report with respect to currency or monetary instruments that are transported by courier into Canada on board an aircraft and that have as their destination another place in Canada at which there is a customs office, shall be submitted at the customs office located at the airport of destination shown on the air waybill, on condition that\n(a) the currency or monetary instruments are not removed from the aircraft at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board an aircraft for departure to the other place in Canada.",
|
| 89 |
"history": "SOR/2002-412, s. 20",
|
| 90 |
"last_amended": "2006-03-22",
|
| 91 |
"in_force": "2006-03-22",
|
| 92 |
"status": "in force",
|
| 93 |
"current_to": "2024-07-23",
|
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-
"
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-
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| 96 |
},
|
| 97 |
{
|
| 98 |
-
"id": "SOR-2002-412-s5",
|
| 99 |
"act_code": "SOR-2002-412",
|
| 100 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 101 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -104,17 +160,17 @@
|
|
| 104 |
"part": "",
|
| 105 |
"division": "",
|
| 106 |
"heading": "Importation Reporting",
|
| 107 |
-
"text": "5 Subject to section 10, a report made by an exporter with respect to the importation of currency or monetary instruments by mail shall be made by\n(a) including inside the mail item an importation report with respect to the currency or monetary instruments; and\n(b) affixing the customs declaration form required by the Universal Postal Convention, as amended from time to time, to the outside of the mail item and indicating that it contains currency or monetary instruments.",
|
| 108 |
"history": "",
|
| 109 |
"last_amended": "2006-03-22",
|
| 110 |
"in_force": "2006-03-22",
|
| 111 |
"status": "in force",
|
| 112 |
"current_to": "2024-07-23",
|
| 113 |
-
"
|
| 114 |
-
"
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| 115 |
},
|
| 116 |
{
|
| 117 |
-
"id": "SOR-2002-412-s6",
|
| 118 |
"act_code": "SOR-2002-412",
|
| 119 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 120 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -123,17 +179,17 @@
|
|
| 123 |
"part": "",
|
| 124 |
"division": "",
|
| 125 |
"heading": "Importation Reporting",
|
| 126 |
-
"text": "6 A report made with respect to the importation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2006-03-22",
|
| 129 |
"in_force": "2006-03-22",
|
| 130 |
"status": "in force",
|
| 131 |
"current_to": "2024-07-23",
|
| 132 |
-
"
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-
"
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| 134 |
},
|
| 135 |
{
|
| 136 |
-
"id": "SOR-2002-412-s7",
|
| 137 |
"act_code": "SOR-2002-412",
|
| 138 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 139 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -142,17 +198,17 @@
|
|
| 142 |
"part": "",
|
| 143 |
"division": "",
|
| 144 |
"heading": "Importation Reporting",
|
| 145 |
-
"text": "7 A report with respect to the importation of currency or monetary instruments, other than one referred to in sections 4 to 6, shall be submitted without delay at the customs office that is open for business at the time of the importation and that is nearest to the place of importation.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2006-03-22",
|
| 148 |
"in_force": "2006-03-22",
|
| 149 |
"status": "in force",
|
| 150 |
"current_to": "2024-07-23",
|
| 151 |
-
"
|
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-
"
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| 153 |
},
|
| 154 |
{
|
| 155 |
-
"id": "SOR-2002-412-s8",
|
| 156 |
"act_code": "SOR-2002-412",
|
| 157 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 158 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -161,17 +217,17 @@
|
|
| 161 |
"part": "",
|
| 162 |
"division": "",
|
| 163 |
"heading": "Importation Reporting",
|
| 164 |
-
"text": "8 In an emergency, the person in charge of a conveyance who must unload currency or monetary instruments from the conveyance before being able to make or submit an importation report in accordance with these Regulations may submit the importation report by telephone or other expedient means and, as soon as possible after that, shall make or submit a report in accordance with these Regulations.",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2006-03-22",
|
| 167 |
"in_force": "2006-03-22",
|
| 168 |
"status": "in force",
|
| 169 |
"current_to": "2024-07-23",
|
| 170 |
-
"
|
| 171 |
-
"
|
|
|
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|
| 172 |
},
|
| 173 |
{
|
| 174 |
-
"id": "SOR-2002-412-s9",
|
| 175 |
"act_code": "SOR-2002-412",
|
| 176 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 177 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -180,17 +236,17 @@
|
|
| 180 |
"part": "",
|
| 181 |
"division": "",
|
| 182 |
"heading": "Exceptions to Importation Reporting",
|
| 183 |
-
"text": "9\n(1) Subject to subsections (2) and (3), currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the person does not disembark from the conveyance in Canada and the currency or monetary instruments are not removed from the conveyance in Canada other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the place outside Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area other than to board or be loaded on board a commercial passenger conveyance for departure to the place outside Canada.\n(2) Subject to subsection (3), currency or monetary instruments that are transported by courier into Canada on board a conveyance and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the currency or monetary instruments are not removed from the conveyance at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board a conveyance for departure to the place outside of Canada.\n(3) Currency or monetary instruments that are transported into Canada on board a cruise ship or cargo ship and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that the currency or monetary instruments are not removed from the cruise ship or cargo ship while it is in Canada.",
|
| 184 |
"history": "SOR/2003-358, s. 26",
|
| 185 |
"last_amended": "2006-03-22",
|
| 186 |
"in_force": "2006-03-22",
|
| 187 |
"status": "in force",
|
| 188 |
"current_to": "2024-07-23",
|
| 189 |
-
"
|
| 190 |
-
"
|
|
|
|
|
|
|
| 191 |
},
|
| 192 |
{
|
| 193 |
-
"id": "SOR-2002-412-s10",
|
| 194 |
"act_code": "SOR-2002-412",
|
| 195 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 196 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -199,17 +255,17 @@
|
|
| 199 |
"part": "",
|
| 200 |
"division": "",
|
| 201 |
"heading": "Exceptions to Importation Reporting",
|
| 202 |
-
"text": "10 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation of currency or monetary instruments that are mailed from a location outside Canada to a destination outside Canada but that transit through Canada in the course of post, on condition that they will not leave the course of post until after they have left Canada.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2006-03-22",
|
| 205 |
"in_force": "2006-03-22",
|
| 206 |
"status": "in force",
|
| 207 |
"current_to": "2024-07-23",
|
| 208 |
-
"
|
| 209 |
-
"
|
|
|
|
|
|
|
| 210 |
},
|
| 211 |
{
|
| 212 |
-
"id": "SOR-2002-412-s11",
|
| 213 |
"act_code": "SOR-2002-412",
|
| 214 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 215 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -218,17 +274,17 @@
|
|
| 218 |
"part": "",
|
| 219 |
"division": "",
|
| 220 |
"heading": "Exportation Reporting",
|
| 221 |
-
"text": "11 A report with respect to currency or monetary instruments transported by a person departing from Canada shall be submitted without delay by the person at the customs office located at the place of exportation or, if it is not open for business at the time of exportation, at the nearest customs office that is open for business at that time.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2006-03-22",
|
| 224 |
"in_force": "2006-03-22",
|
| 225 |
"status": "in force",
|
| 226 |
"current_to": "2024-07-23",
|
| 227 |
-
"
|
| 228 |
-
"
|
|
|
|
|
|
|
| 229 |
},
|
| 230 |
{
|
| 231 |
-
"id": "SOR-2002-412-s12",
|
| 232 |
"act_code": "SOR-2002-412",
|
| 233 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 234 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -237,17 +293,17 @@
|
|
| 237 |
"part": "",
|
| 238 |
"division": "",
|
| 239 |
"heading": "Exportation Reporting",
|
| 240 |
-
"text": "12 A report required to be made by an exporter with respect to the exportation by mail of currency or monetary instruments shall be made by\n(a) including an exportation report inside the mail item; and\n(b) mailing or submitting, at or before the time when the currency or monetary instruments are mailed, a copy of the exportation report to the customs office that is located nearest to the point at which the item was mailed.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2006-03-22",
|
| 243 |
"in_force": "2006-03-22",
|
| 244 |
"status": "in force",
|
| 245 |
"current_to": "2024-07-23",
|
| 246 |
-
"
|
| 247 |
-
"
|
|
|
|
|
|
|
| 248 |
},
|
| 249 |
{
|
| 250 |
-
"id": "SOR-2002-412-s13",
|
| 251 |
"act_code": "SOR-2002-412",
|
| 252 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 253 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -256,17 +312,17 @@
|
|
| 256 |
"part": "",
|
| 257 |
"division": "",
|
| 258 |
"heading": "Exportation Reporting",
|
| 259 |
-
"text": "13 A report made with respect to the exportation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2006-03-22",
|
| 262 |
"in_force": "2006-03-22",
|
| 263 |
"status": "in force",
|
| 264 |
"current_to": "2024-07-23",
|
| 265 |
-
"
|
| 266 |
-
"
|
|
|
|
|
|
|
| 267 |
},
|
| 268 |
{
|
| 269 |
-
"id": "SOR-2002-412-s14",
|
| 270 |
"act_code": "SOR-2002-412",
|
| 271 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 272 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -275,17 +331,17 @@
|
|
| 275 |
"part": "",
|
| 276 |
"division": "",
|
| 277 |
"heading": "Exportation Reporting",
|
| 278 |
-
"text": "14 A report with respect to the exportation of currency or monetary instruments, other than one referred to in sections 11 to 13, shall be submitted without delay at the customs office that is open for business at the time of exportation and that is nearest to the place of exportation.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2006-03-22",
|
| 281 |
"in_force": "2006-03-22",
|
| 282 |
"status": "in force",
|
| 283 |
"current_to": "2024-07-23",
|
| 284 |
-
"
|
| 285 |
-
"
|
|
|
|
|
|
|
| 286 |
},
|
| 287 |
{
|
| 288 |
-
"id": "SOR-2002-412-s15",
|
| 289 |
"act_code": "SOR-2002-412",
|
| 290 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 291 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -294,17 +350,17 @@
|
|
| 294 |
"part": "",
|
| 295 |
"division": "",
|
| 296 |
"heading": "Exception Applicable to the Bank of Canada",
|
| 297 |
-
"text": "15 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation or exportation of currency by or on behalf of the Bank of Canada for the purposes of the distribution, processing, or testing of banknotes intended for circulation in Canada.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2006-03-22",
|
| 300 |
"in_force": "2006-03-22",
|
| 301 |
"status": "in force",
|
| 302 |
"current_to": "2024-07-23",
|
| 303 |
-
"
|
| 304 |
-
"
|
|
|
|
|
|
|
| 305 |
},
|
| 306 |
{
|
| 307 |
-
"id": "SOR-2002-412-s15.1",
|
| 308 |
"act_code": "SOR-2002-412",
|
| 309 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 310 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -313,17 +369,17 @@
|
|
| 313 |
"part": "",
|
| 314 |
"division": "",
|
| 315 |
"heading": "Exemption Applicable to Imported Shares",
|
| 316 |
-
"text": "15.1 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to stocks, bonds and debentures imported into Canada by courier or as mail if the importer is a financial entity or a securities dealer as defined in subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations or a transfer agent.",
|
| 317 |
"history": "SOR/2003-358, s. 27",
|
| 318 |
"last_amended": "2006-03-22",
|
| 319 |
"in_force": "2006-03-22",
|
| 320 |
"status": "in force",
|
| 321 |
"current_to": "2024-07-23",
|
| 322 |
-
"
|
| 323 |
-
"
|
|
|
|
|
|
|
| 324 |
},
|
| 325 |
{
|
| 326 |
-
"id": "SOR-2002-412-s16",
|
| 327 |
"act_code": "SOR-2002-412",
|
| 328 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 329 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -332,17 +388,17 @@
|
|
| 332 |
"part": "",
|
| 333 |
"division": "",
|
| 334 |
"heading": "Retention",
|
| 335 |
-
"text": "16\n(1) For the purposes of subsection 14(1) of the Act, an officer shall give the person or entity written notice in person or, if the person is not present, shall send the notice by registered mail to the person’s latest known address.\n(2) For the purposes of subsection 14(2) of the Act, the notice is to be given within 60 days after the day on which the currency or monetary instruments are imported or exported, as the case may be.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2006-03-22",
|
| 338 |
"in_force": "2006-03-22",
|
| 339 |
"status": "in force",
|
| 340 |
"current_to": "2024-07-23",
|
| 341 |
-
"
|
| 342 |
-
"
|
|
|
|
|
|
|
| 343 |
},
|
| 344 |
{
|
| 345 |
-
"id": "SOR-2002-412-s17",
|
| 346 |
"act_code": "SOR-2002-412",
|
| 347 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 348 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -351,17 +407,17 @@
|
|
| 351 |
"part": "",
|
| 352 |
"division": "",
|
| 353 |
"heading": "Retention",
|
| 354 |
-
"text": "17 The prescribed retention period, for the purposes of subsection 14(1) of Act, is\n(a) in the case of importation or exportation by courier or as mail, 30 days after the day on which the retention notice is given or sent; and\n(b) in any other case, seven days after the day on which the retention notice is given or sent.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2006-03-22",
|
| 357 |
"in_force": "2006-03-22",
|
| 358 |
"status": "in force",
|
| 359 |
"current_to": "2024-07-23",
|
| 360 |
-
"
|
| 361 |
-
"
|
|
|
|
|
|
|
| 362 |
},
|
| 363 |
{
|
| 364 |
-
"id": "SOR-2002-412-s18",
|
| 365 |
"act_code": "SOR-2002-412",
|
| 366 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 367 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -370,17 +426,17 @@
|
|
| 370 |
"part": "",
|
| 371 |
"division": "",
|
| 372 |
"heading": "Penalties",
|
| 373 |
-
"text": "18 For the purposes of subsection 18(2) of the Act, the prescribed amount of the penalty is equal to\n(a) 5% of the value of the seized currency or monetary instruments, up to a maximum of $2,500, in the case of a person or entity who\n(i) has not concealed the currency or monetary instruments,\n(ii) has made a full disclosure of the facts concerning the currency or monetary instruments on their discovery, and\n(iii) has no previous seizures under the Act;\n(b) 25% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments, other than by means of using a false compartment in a conveyance, or who has made a false statement with respect to the currency or monetary instruments, or\n(ii) has a previous seizure under the Act, other than in respect of any type of concealment or for making false statements with respect to the currency or monetary instruments; and\n(c) 50% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments by using a false compartment in a conveyance, or\n(ii) has a previous seizure under the Act for any type of concealment or for making a false statement with respect to the currency or monetary instruments.",
|
| 374 |
"history": "SOR/2023-193, s. 35",
|
| 375 |
"last_amended": "2023-09-26",
|
| 376 |
"in_force": "2006-03-22",
|
| 377 |
"status": "in force",
|
| 378 |
"current_to": "2024-07-23",
|
| 379 |
-
"
|
| 380 |
-
"
|
|
|
|
|
|
|
| 381 |
},
|
| 382 |
{
|
| 383 |
-
"id": "SOR-2002-412-s19 to 23",
|
| 384 |
"act_code": "SOR-2002-412",
|
| 385 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 386 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -389,17 +445,17 @@
|
|
| 389 |
"part": "",
|
| 390 |
"division": "",
|
| 391 |
"heading": "Penalties",
|
| 392 |
-
"text": "19 to 23 [Amendments]",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2006-03-22",
|
| 395 |
"in_force": "2006-03-22",
|
| 396 |
"status": "in force",
|
| 397 |
"current_to": "2024-07-23",
|
| 398 |
-
"
|
| 399 |
-
"
|
|
|
|
|
|
|
| 400 |
},
|
| 401 |
{
|
| 402 |
-
"id": "SOR-2002-412-s24",
|
| 403 |
"act_code": "SOR-2002-412",
|
| 404 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 405 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
@@ -408,13 +464,14 @@
|
|
| 408 |
"part": "",
|
| 409 |
"division": "",
|
| 410 |
"heading": "Coming into Force",
|
| 411 |
-
"text": "24\n(1) Subject to subsection (2), these Regulations come into force on January 6, 2003.\n(2) Sections 19 to 23 come into force on the day on which the Presentation of Persons (2003) Regulations come into force.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2006-03-22",
|
| 414 |
"in_force": "2006-03-22",
|
| 415 |
"status": "in force",
|
| 416 |
"current_to": "2024-07-23",
|
| 417 |
-
"
|
| 418 |
-
"
|
|
|
|
|
|
|
| 419 |
}
|
| 420 |
]
|
|
|
|
| 1 |
[
|
| 2 |
{
|
|
|
|
| 3 |
"act_code": "SOR-2002-412",
|
| 4 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 5 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 8 |
"part": "",
|
| 9 |
"division": "",
|
| 10 |
"heading": "Interpretation",
|
|
|
|
| 11 |
"history": "SOR/2003-358, s. 25; SOR/2019-240, s. 50; 2024, c. 17, s. 348",
|
| 12 |
"last_amended": "2024-07-01",
|
| 13 |
"in_force": "2006-03-22",
|
| 14 |
"status": "in force",
|
| 15 |
"current_to": "2024-07-23",
|
| 16 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-1.html",
|
| 17 |
+
"id": "SOR-2002-412-s1-p1",
|
| 18 |
+
"text": "1\n(1) The following definitions apply in the Act and these Regulations.\ncourier means a commercial carrier that is engaged in scheduled international transportation of shipments of goods other than goods imported or exported as mail. (messager)\nmonetary instruments means the following instruments in bearer form or in such other form as title to them passes on delivery, namely,\n(a) securities, including stocks, bonds, debentures and treasury bills; and\n(b) negotiable instruments, including bank drafts, cheques, promissory notes, travellers’ cheques and money orders, other than warehouse receipts or bills of lading.\nFor greater certainty, this definition does not apply to securities or negotiable instruments that bear restrictive endorsements or a stamp for the purposes of clearing. (effets)\n(2) The following definitions apply in these Regulations.\nAct means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. (Loi)\ncargo ship means a commercial vessel that is engaged in international transportation of shipments of goods other than goods imported or exported as mail. (navire de charge)\ncommercial passenger conveyance means a conveyance that is used to carry passengers who have paid for passage. (moyen de transport commercial de passagers)\nconveyance means any vehicle, aircraft or water-borne craft, or other contrivance that is used to move persons, goods, currency or monetary instruments. (moyen de transport)\ncruise ship means a commercial vessel that has sleeping facilities for over 70 persons who are not crew members but does not include a vessel engaged in passenger or cargo ferry service. (navire de croisière)",
|
| 19 |
+
"citation": "Cross-border Currency Reporting Regs, s. 1 (part 1 of 2)"
|
| 20 |
+
},
|
| 21 |
+
{
|
| 22 |
+
"act_code": "SOR-2002-412",
|
| 23 |
+
"act_short": "Cross-border Currency Reporting Regs",
|
| 24 |
+
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
| 25 |
+
"section": "1",
|
| 26 |
+
"marginal_note": "",
|
| 27 |
+
"part": "",
|
| 28 |
+
"division": "",
|
| 29 |
+
"heading": "Interpretation",
|
| 30 |
+
"history": "SOR/2003-358, s. 25; SOR/2019-240, s. 50; 2024, c. 17, s. 348",
|
| 31 |
+
"last_amended": "2024-07-01",
|
| 32 |
+
"in_force": "2006-03-22",
|
| 33 |
+
"status": "in force",
|
| 34 |
+
"current_to": "2024-07-23",
|
| 35 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-1.html",
|
| 36 |
+
"id": "SOR-2002-412-s1-p2",
|
| 37 |
+
"text": "currency means coins referred to in section 7 of the Currency Act, notes issued by the Bank of Canada under the Bank of Canada Act that are intended for circulation in Canada or coins or bank notes of countries other than Canada. (espèces)\nemergency means a medical emergency, fire, flood or other disaster that threatens life, property or the environment. (urgence)\nnon-commercial passenger conveyance means a conveyance that does not have aboard any person who has paid for passage and includes corporate aircraft, private aircraft and marine pleasure craft. (moyen de transport non commercial de passagers)\ntransfer agent means a person or entity appointed by a corporation to maintain records of stock, debenture and bond owners, to cancel and issue certificates and to send out dividend cheques. (agent de transfert)",
|
| 38 |
+
"citation": "Cross-border Currency Reporting Regs, s. 1 (part 2 of 2)"
|
| 39 |
},
|
| 40 |
{
|
|
|
|
| 41 |
"act_code": "SOR-2002-412",
|
| 42 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 43 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 46 |
"part": "",
|
| 47 |
"division": "",
|
| 48 |
"heading": "Minimum Value of Currency or Monetary Instruments",
|
|
|
|
| 49 |
"history": "SOR/2019-240, s. 51",
|
| 50 |
"last_amended": "2020-06-01",
|
| 51 |
"in_force": "2020-06-01",
|
| 52 |
"status": "in force",
|
| 53 |
"current_to": "2024-07-23",
|
| 54 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-2.html",
|
| 55 |
+
"id": "SOR-2002-412-s2",
|
| 56 |
+
"text": "2\n(1) For the purposes of subsection 12(1) of the Act, the prescribed amount is $10,000.\n(2) The amount is in Canadian dollars, or in its equivalent in a foreign currency using\n(a) the exchange rate that is published by the Bank of Canada for that foreign currency and that is in effect at the time of the importation or exportation; or\n(b) if no exchange rate is published by the Bank of Canada for that foreign currency, the exchange rate that the person or entity would use in the ordinary course of business at the time of the importation or exportation.",
|
| 57 |
+
"citation": "Cross-border Currency Reporting Regs, s. 2"
|
| 58 |
},
|
| 59 |
{
|
|
|
|
| 60 |
"act_code": "SOR-2002-412",
|
| 61 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 62 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 65 |
"part": "",
|
| 66 |
"division": "",
|
| 67 |
"heading": "Manner of Reporting",
|
|
|
|
| 68 |
"history": "SOR/2002-412, s. 19; SOR/2019-240, s. 53",
|
| 69 |
"last_amended": "2020-06-01",
|
| 70 |
"in_force": "2006-03-22",
|
| 71 |
"status": "in force",
|
| 72 |
"current_to": "2024-07-23",
|
| 73 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-3.html",
|
| 74 |
+
"id": "SOR-2002-412-s3",
|
| 75 |
+
"text": "3 Subject to subsections 4(3) and (3.1) and section 8, a report with respect to the importation or exportation of currency or monetary instruments shall\n(a) be made in writing;\n(b) contain the information referred to\n(i) in Schedule 1, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is not transporting on behalf of an entity or other person,\n(ii) in Schedule 2, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is transporting on behalf of an entity or other person,\n(iii) in Schedule 2, in the case of a report made by the person or entity described in paragraph 12(3)(b), (c) or (e) of the Act, and\n(iv) in Schedule 3, in the case of a report made by the person described in paragraph 12(3)(d) of the Act;\n(c) contain a declaration that the statements made in the report are true, accurate and complete; and\n(d) be signed and dated by the person or entity described in paragraph 12(3)(a), (b), (c), (d) or (e) of the Act, as applicable.",
|
| 76 |
+
"citation": "Cross-border Currency Reporting Regs, s. 3"
|
| 77 |
},
|
| 78 |
{
|
|
|
|
| 79 |
"act_code": "SOR-2002-412",
|
| 80 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 81 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 84 |
"part": "",
|
| 85 |
"division": "",
|
| 86 |
"heading": "Manner of Reporting",
|
|
|
|
| 87 |
"history": "SOR/2019-240, s. 54",
|
| 88 |
"last_amended": "2020-06-01",
|
| 89 |
"in_force": "2020-06-01",
|
| 90 |
"status": "in force",
|
| 91 |
"current_to": "2024-07-23",
|
| 92 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-3.1.html",
|
| 93 |
+
"id": "SOR-2002-412-s3.1",
|
| 94 |
+
"text": "3.1 For greater certainty, although items in Schedules 1 to 3 are described in the singular, a person or entity shall report all known information that falls within an item.",
|
| 95 |
+
"citation": "Cross-border Currency Reporting Regs, s. 3.1"
|
| 96 |
},
|
| 97 |
{
|
|
|
|
| 98 |
"act_code": "SOR-2002-412",
|
| 99 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 100 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 103 |
"part": "",
|
| 104 |
"division": "",
|
| 105 |
"heading": "Importation Reporting",
|
|
|
|
| 106 |
"history": "SOR/2002-412, s. 20",
|
| 107 |
"last_amended": "2006-03-22",
|
| 108 |
"in_force": "2006-03-22",
|
| 109 |
"status": "in force",
|
| 110 |
"current_to": "2024-07-23",
|
| 111 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-4.html",
|
| 112 |
+
"id": "SOR-2002-412-s4-p1",
|
| 113 |
+
"text": "4\n(1) Subject to subsections (2) to (5) and section 9, a report with respect to currency or monetary instruments transported by a person arriving in Canada shall be submitted without delay by the person at the customs office located at the place of importation or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time.\n(2) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination another place in Canada at which there is a customs office may be submitted without delay by the person at that customs office or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time, on condition that\n(a) the person does not disembark from the conveyance at the place of arrival in Canada and the currency or monetary instruments are not removed from the conveyance at that place, other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the other place in Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area, other than to board or to be loaded on board a commercial passenger conveyance for departure to the other place in Canada.",
|
| 114 |
+
"citation": "Cross-border Currency Reporting Regs, s. 4 (part 1 of 3)"
|
| 115 |
+
},
|
| 116 |
+
{
|
| 117 |
+
"act_code": "SOR-2002-412",
|
| 118 |
+
"act_short": "Cross-border Currency Reporting Regs",
|
| 119 |
+
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
| 120 |
+
"section": "4",
|
| 121 |
+
"marginal_note": "",
|
| 122 |
+
"part": "",
|
| 123 |
+
"division": "",
|
| 124 |
+
"heading": "Importation Reporting",
|
| 125 |
+
"history": "SOR/2002-412, s. 20",
|
| 126 |
+
"last_amended": "2006-03-22",
|
| 127 |
+
"in_force": "2006-03-22",
|
| 128 |
+
"status": "in force",
|
| 129 |
+
"current_to": "2024-07-23",
|
| 130 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-4.html",
|
| 131 |
+
"id": "SOR-2002-412-s4-p2",
|
| 132 |
+
"text": "(3) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance at a customs office where, under the Customs Act, customs reporting may be done by radio or telephone may be submitted by radio or telephone to an officer by that person or the person in charge of the conveyance at that location, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments at the time and place specified by the officer.\n(3.1) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance, at a customs office where the person is authorized in accordance with the Presentation of Persons (2003) Regulations to present in an alternative manner, may be submitted to an officer by telephone, by that person or the person in charge of the conveyance before arriving in Canada, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments on arrival in Canada at the time and place specified by the officer.",
|
| 133 |
+
"citation": "Cross-border Currency Reporting Regs, s. 4 (part 2 of 3)"
|
| 134 |
+
},
|
| 135 |
+
{
|
| 136 |
+
"act_code": "SOR-2002-412",
|
| 137 |
+
"act_short": "Cross-border Currency Reporting Regs",
|
| 138 |
+
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
| 139 |
+
"section": "4",
|
| 140 |
+
"marginal_note": "",
|
| 141 |
+
"part": "",
|
| 142 |
+
"division": "",
|
| 143 |
+
"heading": "Importation Reporting",
|
| 144 |
+
"history": "SOR/2002-412, s. 20",
|
| 145 |
+
"last_amended": "2006-03-22",
|
| 146 |
+
"in_force": "2006-03-22",
|
| 147 |
+
"status": "in force",
|
| 148 |
+
"current_to": "2024-07-23",
|
| 149 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-4.html",
|
| 150 |
+
"id": "SOR-2002-412-s4-p3",
|
| 151 |
+
"text": "(4) A report with respect to currency or monetary instruments transported by a freight train crew member arriving in Canada on board the freight train shall be submitted without delay by the crew member at the customs office specified by the officer when the crew member presents himself or herself in accordance with section 11 of the Customs Act.\n(5) A report with respect to currency or monetary instruments that are transported by courier into Canada on board an aircraft and that have as their destination another place in Canada at which there is a customs office, shall be submitted at the customs office located at the airport of destination shown on the air waybill, on condition that\n(a) the currency or monetary instruments are not removed from the aircraft at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board an aircraft for departure to the other place in Canada.",
|
| 152 |
+
"citation": "Cross-border Currency Reporting Regs, s. 4 (part 3 of 3)"
|
| 153 |
},
|
| 154 |
{
|
|
|
|
| 155 |
"act_code": "SOR-2002-412",
|
| 156 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 157 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 160 |
"part": "",
|
| 161 |
"division": "",
|
| 162 |
"heading": "Importation Reporting",
|
|
|
|
| 163 |
"history": "",
|
| 164 |
"last_amended": "2006-03-22",
|
| 165 |
"in_force": "2006-03-22",
|
| 166 |
"status": "in force",
|
| 167 |
"current_to": "2024-07-23",
|
| 168 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-5.html",
|
| 169 |
+
"id": "SOR-2002-412-s5",
|
| 170 |
+
"text": "5 Subject to section 10, a report made by an exporter with respect to the importation of currency or monetary instruments by mail shall be made by\n(a) including inside the mail item an importation report with respect to the currency or monetary instruments; and\n(b) affixing the customs declaration form required by the Universal Postal Convention, as amended from time to time, to the outside of the mail item and indicating that it contains currency or monetary instruments.",
|
| 171 |
+
"citation": "Cross-border Currency Reporting Regs, s. 5"
|
| 172 |
},
|
| 173 |
{
|
|
|
|
| 174 |
"act_code": "SOR-2002-412",
|
| 175 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 176 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 179 |
"part": "",
|
| 180 |
"division": "",
|
| 181 |
"heading": "Importation Reporting",
|
|
|
|
| 182 |
"history": "",
|
| 183 |
"last_amended": "2006-03-22",
|
| 184 |
"in_force": "2006-03-22",
|
| 185 |
"status": "in force",
|
| 186 |
"current_to": "2024-07-23",
|
| 187 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-6.html",
|
| 188 |
+
"id": "SOR-2002-412-s6",
|
| 189 |
+
"text": "6 A report made with respect to the importation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 190 |
+
"citation": "Cross-border Currency Reporting Regs, s. 6"
|
| 191 |
},
|
| 192 |
{
|
|
|
|
| 193 |
"act_code": "SOR-2002-412",
|
| 194 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 195 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 198 |
"part": "",
|
| 199 |
"division": "",
|
| 200 |
"heading": "Importation Reporting",
|
|
|
|
| 201 |
"history": "",
|
| 202 |
"last_amended": "2006-03-22",
|
| 203 |
"in_force": "2006-03-22",
|
| 204 |
"status": "in force",
|
| 205 |
"current_to": "2024-07-23",
|
| 206 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-7.html",
|
| 207 |
+
"id": "SOR-2002-412-s7",
|
| 208 |
+
"text": "7 A report with respect to the importation of currency or monetary instruments, other than one referred to in sections 4 to 6, shall be submitted without delay at the customs office that is open for business at the time of the importation and that is nearest to the place of importation.",
|
| 209 |
+
"citation": "Cross-border Currency Reporting Regs, s. 7"
|
| 210 |
},
|
| 211 |
{
|
|
|
|
| 212 |
"act_code": "SOR-2002-412",
|
| 213 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 214 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 217 |
"part": "",
|
| 218 |
"division": "",
|
| 219 |
"heading": "Importation Reporting",
|
|
|
|
| 220 |
"history": "",
|
| 221 |
"last_amended": "2006-03-22",
|
| 222 |
"in_force": "2006-03-22",
|
| 223 |
"status": "in force",
|
| 224 |
"current_to": "2024-07-23",
|
| 225 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-8.html",
|
| 226 |
+
"id": "SOR-2002-412-s8",
|
| 227 |
+
"text": "8 In an emergency, the person in charge of a conveyance who must unload currency or monetary instruments from the conveyance before being able to make or submit an importation report in accordance with these Regulations may submit the importation report by telephone or other expedient means and, as soon as possible after that, shall make or submit a report in accordance with these Regulations.",
|
| 228 |
+
"citation": "Cross-border Currency Reporting Regs, s. 8"
|
| 229 |
},
|
| 230 |
{
|
|
|
|
| 231 |
"act_code": "SOR-2002-412",
|
| 232 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 233 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 236 |
"part": "",
|
| 237 |
"division": "",
|
| 238 |
"heading": "Exceptions to Importation Reporting",
|
|
|
|
| 239 |
"history": "SOR/2003-358, s. 26",
|
| 240 |
"last_amended": "2006-03-22",
|
| 241 |
"in_force": "2006-03-22",
|
| 242 |
"status": "in force",
|
| 243 |
"current_to": "2024-07-23",
|
| 244 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-9.html",
|
| 245 |
+
"id": "SOR-2002-412-s9",
|
| 246 |
+
"text": "9\n(1) Subject to subsections (2) and (3), currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the person does not disembark from the conveyance in Canada and the currency or monetary instruments are not removed from the conveyance in Canada other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the place outside Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area other than to board or be loaded on board a commercial passenger conveyance for departure to the place outside Canada.\n(2) Subject to subsection (3), currency or monetary instruments that are transported by courier into Canada on board a conveyance and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the currency or monetary instruments are not removed from the conveyance at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board a conveyance for departure to the place outside of Canada.\n(3) Currency or monetary instruments that are transported into Canada on board a cruise ship or cargo ship and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that the currency or monetary instruments are not removed from the cruise ship or cargo ship while it is in Canada.",
|
| 247 |
+
"citation": "Cross-border Currency Reporting Regs, s. 9"
|
| 248 |
},
|
| 249 |
{
|
|
|
|
| 250 |
"act_code": "SOR-2002-412",
|
| 251 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 252 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 255 |
"part": "",
|
| 256 |
"division": "",
|
| 257 |
"heading": "Exceptions to Importation Reporting",
|
|
|
|
| 258 |
"history": "",
|
| 259 |
"last_amended": "2006-03-22",
|
| 260 |
"in_force": "2006-03-22",
|
| 261 |
"status": "in force",
|
| 262 |
"current_to": "2024-07-23",
|
| 263 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-10.html",
|
| 264 |
+
"id": "SOR-2002-412-s10",
|
| 265 |
+
"text": "10 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation of currency or monetary instruments that are mailed from a location outside Canada to a destination outside Canada but that transit through Canada in the course of post, on condition that they will not leave the course of post until after they have left Canada.",
|
| 266 |
+
"citation": "Cross-border Currency Reporting Regs, s. 10"
|
| 267 |
},
|
| 268 |
{
|
|
|
|
| 269 |
"act_code": "SOR-2002-412",
|
| 270 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 271 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 274 |
"part": "",
|
| 275 |
"division": "",
|
| 276 |
"heading": "Exportation Reporting",
|
|
|
|
| 277 |
"history": "",
|
| 278 |
"last_amended": "2006-03-22",
|
| 279 |
"in_force": "2006-03-22",
|
| 280 |
"status": "in force",
|
| 281 |
"current_to": "2024-07-23",
|
| 282 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-11.html",
|
| 283 |
+
"id": "SOR-2002-412-s11",
|
| 284 |
+
"text": "11 A report with respect to currency or monetary instruments transported by a person departing from Canada shall be submitted without delay by the person at the customs office located at the place of exportation or, if it is not open for business at the time of exportation, at the nearest customs office that is open for business at that time.",
|
| 285 |
+
"citation": "Cross-border Currency Reporting Regs, s. 11"
|
| 286 |
},
|
| 287 |
{
|
|
|
|
| 288 |
"act_code": "SOR-2002-412",
|
| 289 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 290 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 293 |
"part": "",
|
| 294 |
"division": "",
|
| 295 |
"heading": "Exportation Reporting",
|
|
|
|
| 296 |
"history": "",
|
| 297 |
"last_amended": "2006-03-22",
|
| 298 |
"in_force": "2006-03-22",
|
| 299 |
"status": "in force",
|
| 300 |
"current_to": "2024-07-23",
|
| 301 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-12.html",
|
| 302 |
+
"id": "SOR-2002-412-s12",
|
| 303 |
+
"text": "12 A report required to be made by an exporter with respect to the exportation by mail of currency or monetary instruments shall be made by\n(a) including an exportation report inside the mail item; and\n(b) mailing or submitting, at or before the time when the currency or monetary instruments are mailed, a copy of the exportation report to the customs office that is located nearest to the point at which the item was mailed.",
|
| 304 |
+
"citation": "Cross-border Currency Reporting Regs, s. 12"
|
| 305 |
},
|
| 306 |
{
|
|
|
|
| 307 |
"act_code": "SOR-2002-412",
|
| 308 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 309 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 312 |
"part": "",
|
| 313 |
"division": "",
|
| 314 |
"heading": "Exportation Reporting",
|
|
|
|
| 315 |
"history": "",
|
| 316 |
"last_amended": "2006-03-22",
|
| 317 |
"in_force": "2006-03-22",
|
| 318 |
"status": "in force",
|
| 319 |
"current_to": "2024-07-23",
|
| 320 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-13.html",
|
| 321 |
+
"id": "SOR-2002-412-s13",
|
| 322 |
+
"text": "13 A report made with respect to the exportation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 323 |
+
"citation": "Cross-border Currency Reporting Regs, s. 13"
|
| 324 |
},
|
| 325 |
{
|
|
|
|
| 326 |
"act_code": "SOR-2002-412",
|
| 327 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 328 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 331 |
"part": "",
|
| 332 |
"division": "",
|
| 333 |
"heading": "Exportation Reporting",
|
|
|
|
| 334 |
"history": "",
|
| 335 |
"last_amended": "2006-03-22",
|
| 336 |
"in_force": "2006-03-22",
|
| 337 |
"status": "in force",
|
| 338 |
"current_to": "2024-07-23",
|
| 339 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-14.html",
|
| 340 |
+
"id": "SOR-2002-412-s14",
|
| 341 |
+
"text": "14 A report with respect to the exportation of currency or monetary instruments, other than one referred to in sections 11 to 13, shall be submitted without delay at the customs office that is open for business at the time of exportation and that is nearest to the place of exportation.",
|
| 342 |
+
"citation": "Cross-border Currency Reporting Regs, s. 14"
|
| 343 |
},
|
| 344 |
{
|
|
|
|
| 345 |
"act_code": "SOR-2002-412",
|
| 346 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 347 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 350 |
"part": "",
|
| 351 |
"division": "",
|
| 352 |
"heading": "Exception Applicable to the Bank of Canada",
|
|
|
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2006-03-22",
|
| 355 |
"in_force": "2006-03-22",
|
| 356 |
"status": "in force",
|
| 357 |
"current_to": "2024-07-23",
|
| 358 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-15.html",
|
| 359 |
+
"id": "SOR-2002-412-s15",
|
| 360 |
+
"text": "15 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation or exportation of currency by or on behalf of the Bank of Canada for the purposes of the distribution, processing, or testing of banknotes intended for circulation in Canada.",
|
| 361 |
+
"citation": "Cross-border Currency Reporting Regs, s. 15"
|
| 362 |
},
|
| 363 |
{
|
|
|
|
| 364 |
"act_code": "SOR-2002-412",
|
| 365 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 366 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 369 |
"part": "",
|
| 370 |
"division": "",
|
| 371 |
"heading": "Exemption Applicable to Imported Shares",
|
|
|
|
| 372 |
"history": "SOR/2003-358, s. 27",
|
| 373 |
"last_amended": "2006-03-22",
|
| 374 |
"in_force": "2006-03-22",
|
| 375 |
"status": "in force",
|
| 376 |
"current_to": "2024-07-23",
|
| 377 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-15.1.html",
|
| 378 |
+
"id": "SOR-2002-412-s15.1",
|
| 379 |
+
"text": "15.1 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to stocks, bonds and debentures imported into Canada by courier or as mail if the importer is a financial entity or a securities dealer as defined in subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations or a transfer agent.",
|
| 380 |
+
"citation": "Cross-border Currency Reporting Regs, s. 15.1"
|
| 381 |
},
|
| 382 |
{
|
|
|
|
| 383 |
"act_code": "SOR-2002-412",
|
| 384 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 385 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 388 |
"part": "",
|
| 389 |
"division": "",
|
| 390 |
"heading": "Retention",
|
|
|
|
| 391 |
"history": "",
|
| 392 |
"last_amended": "2006-03-22",
|
| 393 |
"in_force": "2006-03-22",
|
| 394 |
"status": "in force",
|
| 395 |
"current_to": "2024-07-23",
|
| 396 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-16.html",
|
| 397 |
+
"id": "SOR-2002-412-s16",
|
| 398 |
+
"text": "16\n(1) For the purposes of subsection 14(1) of the Act, an officer shall give the person or entity written notice in person or, if the person is not present, shall send the notice by registered mail to the person’s latest known address.\n(2) For the purposes of subsection 14(2) of the Act, the notice is to be given within 60 days after the day on which the currency or monetary instruments are imported or exported, as the case may be.",
|
| 399 |
+
"citation": "Cross-border Currency Reporting Regs, s. 16"
|
| 400 |
},
|
| 401 |
{
|
|
|
|
| 402 |
"act_code": "SOR-2002-412",
|
| 403 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 404 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 407 |
"part": "",
|
| 408 |
"division": "",
|
| 409 |
"heading": "Retention",
|
|
|
|
| 410 |
"history": "",
|
| 411 |
"last_amended": "2006-03-22",
|
| 412 |
"in_force": "2006-03-22",
|
| 413 |
"status": "in force",
|
| 414 |
"current_to": "2024-07-23",
|
| 415 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-17.html",
|
| 416 |
+
"id": "SOR-2002-412-s17",
|
| 417 |
+
"text": "17 The prescribed retention period, for the purposes of subsection 14(1) of Act, is\n(a) in the case of importation or exportation by courier or as mail, 30 days after the day on which the retention notice is given or sent; and\n(b) in any other case, seven days after the day on which the retention notice is given or sent.",
|
| 418 |
+
"citation": "Cross-border Currency Reporting Regs, s. 17"
|
| 419 |
},
|
| 420 |
{
|
|
|
|
| 421 |
"act_code": "SOR-2002-412",
|
| 422 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 423 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 426 |
"part": "",
|
| 427 |
"division": "",
|
| 428 |
"heading": "Penalties",
|
|
|
|
| 429 |
"history": "SOR/2023-193, s. 35",
|
| 430 |
"last_amended": "2023-09-26",
|
| 431 |
"in_force": "2006-03-22",
|
| 432 |
"status": "in force",
|
| 433 |
"current_to": "2024-07-23",
|
| 434 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-18.html",
|
| 435 |
+
"id": "SOR-2002-412-s18",
|
| 436 |
+
"text": "18 For the purposes of subsection 18(2) of the Act, the prescribed amount of the penalty is equal to\n(a) 5% of the value of the seized currency or monetary instruments, up to a maximum of $2,500, in the case of a person or entity who\n(i) has not concealed the currency or monetary instruments,\n(ii) has made a full disclosure of the facts concerning the currency or monetary instruments on their discovery, and\n(iii) has no previous seizures under the Act;\n(b) 25% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments, other than by means of using a false compartment in a conveyance, or who has made a false statement with respect to the currency or monetary instruments, or\n(ii) has a previous seizure under the Act, other than in respect of any type of concealment or for making false statements with respect to the currency or monetary instruments; and\n(c) 50% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments by using a false compartment in a conveyance, or\n(ii) has a previous seizure under the Act for any type of concealment or for making a false statement with respect to the currency or monetary instruments.",
|
| 437 |
+
"citation": "Cross-border Currency Reporting Regs, s. 18"
|
| 438 |
},
|
| 439 |
{
|
|
|
|
| 440 |
"act_code": "SOR-2002-412",
|
| 441 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 442 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 445 |
"part": "",
|
| 446 |
"division": "",
|
| 447 |
"heading": "Penalties",
|
|
|
|
| 448 |
"history": "",
|
| 449 |
"last_amended": "2006-03-22",
|
| 450 |
"in_force": "2006-03-22",
|
| 451 |
"status": "in force",
|
| 452 |
"current_to": "2024-07-23",
|
| 453 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-19 to 23.html",
|
| 454 |
+
"id": "SOR-2002-412-s19 to 23",
|
| 455 |
+
"text": "19 to 23 [Amendments]",
|
| 456 |
+
"citation": "Cross-border Currency Reporting Regs, s. 19 to 23"
|
| 457 |
},
|
| 458 |
{
|
|
|
|
| 459 |
"act_code": "SOR-2002-412",
|
| 460 |
"act_short": "Cross-border Currency Reporting Regs",
|
| 461 |
"act_name": "Cross-border Currency and Monetary Instruments Reporting Regulations",
|
|
|
|
| 464 |
"part": "",
|
| 465 |
"division": "",
|
| 466 |
"heading": "Coming into Force",
|
|
|
|
| 467 |
"history": "",
|
| 468 |
"last_amended": "2006-03-22",
|
| 469 |
"in_force": "2006-03-22",
|
| 470 |
"status": "in force",
|
| 471 |
"current_to": "2024-07-23",
|
| 472 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-24.html",
|
| 473 |
+
"id": "SOR-2002-412-s24",
|
| 474 |
+
"text": "24\n(1) Subject to subsection (2), these Regulations come into force on January 6, 2003.\n(2) Sections 19 to 23 come into force on the day on which the Presentation of Persons (2003) Regulations come into force.",
|
| 475 |
+
"citation": "Cross-border Currency Reporting Regs, s. 24"
|
| 476 |
}
|
| 477 |
]
|
|
@@ -1,6 +1,5 @@
|
|
| 1 |
[
|
| 2 |
{
|
| 3 |
-
"id": "SOR-2012-230-s1",
|
| 4 |
"act_code": "SOR-2012-230",
|
| 5 |
"act_short": "New Classes of Practitioners Regs",
|
| 6 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -9,17 +8,17 @@
|
|
| 9 |
"part": "",
|
| 10 |
"division": "",
|
| 11 |
"heading": "Interpretation",
|
| 12 |
-
"text": "1 The following definitions apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nlisted substance means a substance set out in Schedule 1 to the Benzodiazepines and Other Targeted Substances Regulations, the schedule to Part G of the Food and Drug Regulations or the schedule to the Narcotic Control Regulations, and includes anything that contains the substance. (substance inscrite)\nmidwife means a person who is registered and entitled under the laws of a province to practise midwifery and who is practising midwifery in that province. (sage-femme)\nnurse practitioner means a person who is registered and entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and who is practising as a nurse practitioner or an equivalent designation in that province. For the purpose of this definition, a designation is equivalent when it designates a person who\n(a) is a registered nurse;\n(b) possesses additional educational preparation and experience related to health care;\n(c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and\n(d) is practising their profession in accordance with, for example, the following provincial laws, as amended from time to time:\n(i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act of Manitoba, C.C.S.M., c. R40,\n(ii) Ontario Regulation 275/94, made under the Nursing Act, 1991 of Ontario, S.O. 1991, c. 32, or\n(iii) the Regulation respecting Ordre des infirmières et infirmiers du Québec classes of specialities related to the performance of acts contemplated in section 36.1 of the Nurses Act, R.R.Q., c. I-8, r. 8, made under the Nurses Act of Quebec, R.S.Q., c. I-8. (infirmier praticien)\npodiatrist means a person who is registered and entitled under the laws of a province to practise podiatry or chiropody and who is practising podiatry or chiropody in that province. (podiatre)",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2012-11-21",
|
| 15 |
"in_force": "2012-11-21",
|
| 16 |
"status": "in force",
|
| 17 |
"current_to": "2025-12-02",
|
| 18 |
-
"
|
| 19 |
-
"
|
|
|
|
|
|
|
| 20 |
},
|
| 21 |
{
|
| 22 |
-
"id": "SOR-2012-230-s2",
|
| 23 |
"act_code": "SOR-2012-230",
|
| 24 |
"act_short": "New Classes of Practitioners Regs",
|
| 25 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -28,17 +27,17 @@
|
|
| 28 |
"part": "",
|
| 29 |
"division": "",
|
| 30 |
"heading": "New Classes of Practitioners Prescribed",
|
| 31 |
-
"text": "2 For the purpose of the definition practitioner in subsection 2(1) of the Act, the following classes of persons are prescribed:\n(a) midwives;\n(b) nurse practitioners; and\n(c) podiatrists.",
|
| 32 |
"history": "",
|
| 33 |
"last_amended": "2012-11-21",
|
| 34 |
"in_force": "2012-11-21",
|
| 35 |
"status": "in force",
|
| 36 |
"current_to": "2025-12-02",
|
| 37 |
-
"
|
| 38 |
-
"
|
|
|
|
|
|
|
| 39 |
},
|
| 40 |
{
|
| 41 |
-
"id": "SOR-2012-230-s3",
|
| 42 |
"act_code": "SOR-2012-230",
|
| 43 |
"act_short": "New Classes of Practitioners Regs",
|
| 44 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -47,17 +46,17 @@
|
|
| 47 |
"part": "",
|
| 48 |
"division": "",
|
| 49 |
"heading": "Permitted Activities and Exclusions",
|
| 50 |
-
"text": "3 Subject to section 4, a midwife, nurse practitioner or podiatrist, as a practitioner, may prescribe or possess a listed substance, or conduct an activity with a listed substance, in accordance with the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations if they are permitted to prescribe, in their practice under the laws of the province in which they are registered and entitled to practise, that substance.",
|
| 51 |
"history": "SOR/2013-119, s. 251; SOR/2016-230, s. 280; SOR/2018-147, s. 31",
|
| 52 |
"last_amended": "2018-10-17",
|
| 53 |
"in_force": "2018-10-17",
|
| 54 |
"status": "in force",
|
| 55 |
"current_to": "2025-12-02",
|
| 56 |
-
"
|
| 57 |
-
"
|
|
|
|
|
|
|
| 58 |
},
|
| 59 |
{
|
| 60 |
-
"id": "SOR-2012-230-s4",
|
| 61 |
"act_code": "SOR-2012-230",
|
| 62 |
"act_short": "New Classes of Practitioners Regs",
|
| 63 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -66,17 +65,17 @@
|
|
| 66 |
"part": "",
|
| 67 |
"division": "",
|
| 68 |
"heading": "Permitted Activities and Exclusions",
|
| 69 |
-
"text": "4\n(1) In respect of a midwife or podiatrist, a listed substance excludes a substance set out in\n(a) the definition designated drug in subsection G.04.001(1) of the Food and Drug Regulations;\n(b) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations; and\n(c) any of subitems 1(1) and (10), 2(1), 5(4) and 10(1) of the schedule to the Narcotic Control Regulations.\n(2) [Exclusions — nurse practitioner] In respect of a nurse practitioner, a listed substance excludes a substance set out in\n(a) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations, except for subitem (40); and\n(b) subitem 1(1) or 2(1) of the schedule to the Narcotic Control Regulations.",
|
| 70 |
"history": "SOR/2013-119, s. 252; SOR/2013-172, s. 10; SOR/2016-239, s. 9; SOR/2018-37, s. 8; SOR/2018-147, s. 32",
|
| 71 |
"last_amended": "2018-10-17",
|
| 72 |
"in_force": "2018-10-17",
|
| 73 |
"status": "in force",
|
| 74 |
"current_to": "2025-12-02",
|
| 75 |
-
"
|
| 76 |
-
"
|
|
|
|
|
|
|
| 77 |
},
|
| 78 |
{
|
| 79 |
-
"id": "SOR-2012-230-s5",
|
| 80 |
"act_code": "SOR-2012-230",
|
| 81 |
"act_short": "New Classes of Practitioners Regs",
|
| 82 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -85,17 +84,17 @@
|
|
| 85 |
"part": "",
|
| 86 |
"division": "",
|
| 87 |
"heading": "Inconsistency with other Regulations",
|
| 88 |
-
"text": "5 In the event of any inconsistency between these Regulations and the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations, these Regulations prevail to the extent of the inconsistency.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2012-11-21",
|
| 91 |
"in_force": "2012-11-21",
|
| 92 |
"status": "in force",
|
| 93 |
"current_to": "2025-12-02",
|
| 94 |
-
"
|
| 95 |
-
"
|
|
|
|
|
|
|
| 96 |
},
|
| 97 |
{
|
| 98 |
-
"id": "SOR-2012-230-s6",
|
| 99 |
"act_code": "SOR-2012-230",
|
| 100 |
"act_short": "New Classes of Practitioners Regs",
|
| 101 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -104,17 +103,17 @@
|
|
| 104 |
"part": "",
|
| 105 |
"division": "",
|
| 106 |
"heading": "Food and Drug Regulations",
|
| 107 |
-
"text": "6 [Amendments]",
|
| 108 |
"history": "",
|
| 109 |
"last_amended": "2012-11-21",
|
| 110 |
"in_force": "2012-11-21",
|
| 111 |
"status": "in force",
|
| 112 |
"current_to": "2025-12-02",
|
| 113 |
-
"
|
| 114 |
-
"
|
|
|
|
|
|
|
| 115 |
},
|
| 116 |
{
|
| 117 |
-
"id": "SOR-2012-230-s7",
|
| 118 |
"act_code": "SOR-2012-230",
|
| 119 |
"act_short": "New Classes of Practitioners Regs",
|
| 120 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -123,17 +122,17 @@
|
|
| 123 |
"part": "",
|
| 124 |
"division": "",
|
| 125 |
"heading": "Food and Drug Regulations",
|
| 126 |
-
"text": "7 [Amendment]",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2012-11-21",
|
| 129 |
"in_force": "2012-11-21",
|
| 130 |
"status": "in force",
|
| 131 |
"current_to": "2025-12-02",
|
| 132 |
-
"
|
| 133 |
-
"
|
|
|
|
|
|
|
| 134 |
},
|
| 135 |
{
|
| 136 |
-
"id": "SOR-2012-230-s8",
|
| 137 |
"act_code": "SOR-2012-230",
|
| 138 |
"act_short": "New Classes of Practitioners Regs",
|
| 139 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -142,17 +141,17 @@
|
|
| 142 |
"part": "",
|
| 143 |
"division": "",
|
| 144 |
"heading": "Food and Drug Regulations",
|
| 145 |
-
"text": "8 [Amendment]",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2012-11-21",
|
| 148 |
"in_force": "2012-11-21",
|
| 149 |
"status": "in force",
|
| 150 |
"current_to": "2025-12-02",
|
| 151 |
-
"
|
| 152 |
-
"
|
|
|
|
|
|
|
| 153 |
},
|
| 154 |
{
|
| 155 |
-
"id": "SOR-2012-230-s9",
|
| 156 |
"act_code": "SOR-2012-230",
|
| 157 |
"act_short": "New Classes of Practitioners Regs",
|
| 158 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -161,17 +160,17 @@
|
|
| 161 |
"part": "",
|
| 162 |
"division": "",
|
| 163 |
"heading": "Food and Drug Regulations",
|
| 164 |
-
"text": "9 [Amendment]",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2012-11-21",
|
| 167 |
"in_force": "2012-11-21",
|
| 168 |
"status": "in force",
|
| 169 |
"current_to": "2025-12-02",
|
| 170 |
-
"
|
| 171 |
-
"
|
|
|
|
|
|
|
| 172 |
},
|
| 173 |
{
|
| 174 |
-
"id": "SOR-2012-230-s10",
|
| 175 |
"act_code": "SOR-2012-230",
|
| 176 |
"act_short": "New Classes of Practitioners Regs",
|
| 177 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -180,17 +179,17 @@
|
|
| 180 |
"part": "",
|
| 181 |
"division": "",
|
| 182 |
"heading": "Food and Drug Regulations",
|
| 183 |
-
"text": "10 [Amendments]",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2012-11-21",
|
| 186 |
"in_force": "2012-11-21",
|
| 187 |
"status": "in force",
|
| 188 |
"current_to": "2025-12-02",
|
| 189 |
-
"
|
| 190 |
-
"
|
|
|
|
|
|
|
| 191 |
},
|
| 192 |
{
|
| 193 |
-
"id": "SOR-2012-230-s11",
|
| 194 |
"act_code": "SOR-2012-230",
|
| 195 |
"act_short": "New Classes of Practitioners Regs",
|
| 196 |
"act_name": "New Classes of Practitioners Regulations",
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@@ -199,17 +198,17 @@
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"part": "",
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"division": "",
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"heading": "Food and Drug Regulations",
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-
"text": "11 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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"id": "SOR-2012-230-s12",
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"act_code": "SOR-2012-230",
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"act_short": "New Classes of Practitioners Regs",
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"act_name": "New Classes of Practitioners Regulations",
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@@ -218,17 +217,17 @@
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"part": "",
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"division": "",
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"heading": "Food and Drug Regulations",
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-
"text": "12 [Amendments]",
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"history": "",
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"last_amended": "2012-11-21",
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"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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"id": "SOR-2012-230-s13",
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"act_code": "SOR-2012-230",
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"act_short": "New Classes of Practitioners Regs",
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"act_name": "New Classes of Practitioners Regulations",
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@@ -237,17 +236,17 @@
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"part": "",
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"division": "",
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"heading": "Food and Drug Regulations",
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-
"text": "13 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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-
"id": "SOR-2012-230-s14",
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"act_code": "SOR-2012-230",
|
| 252 |
"act_short": "New Classes of Practitioners Regs",
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"act_name": "New Classes of Practitioners Regulations",
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@@ -256,17 +255,17 @@
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"part": "",
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"division": "",
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"heading": "Narcotic Control Regulations",
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-
"text": "14 [Amendments]",
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"history": "",
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"last_amended": "2012-11-21",
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"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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-
"id": "SOR-2012-230-s15",
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"act_code": "SOR-2012-230",
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"act_short": "New Classes of Practitioners Regs",
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"act_name": "New Classes of Practitioners Regulations",
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@@ -275,17 +274,17 @@
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"part": "",
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"division": "",
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"heading": "Narcotic Control Regulations",
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-
"text": "15 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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-
"id": "SOR-2012-230-s16",
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| 289 |
"act_code": "SOR-2012-230",
|
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"act_short": "New Classes of Practitioners Regs",
|
| 291 |
"act_name": "New Classes of Practitioners Regulations",
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@@ -294,17 +293,17 @@
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"part": "",
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"division": "",
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"heading": "Narcotic Control Regulations",
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-
"text": "16 [Amendment]",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2012-11-21",
|
| 300 |
"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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-
"id": "SOR-2012-230-s17",
|
| 308 |
"act_code": "SOR-2012-230",
|
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"act_short": "New Classes of Practitioners Regs",
|
| 310 |
"act_name": "New Classes of Practitioners Regulations",
|
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@@ -313,17 +312,17 @@
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| 313 |
"part": "",
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"division": "",
|
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"heading": "Narcotic Control Regulations",
|
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-
"text": "17 [Amendment]",
|
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"history": "",
|
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"last_amended": "2012-11-21",
|
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"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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-
"id": "SOR-2012-230-s18",
|
| 327 |
"act_code": "SOR-2012-230",
|
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"act_short": "New Classes of Practitioners Regs",
|
| 329 |
"act_name": "New Classes of Practitioners Regulations",
|
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@@ -332,17 +331,17 @@
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"part": "",
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"division": "",
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"heading": "Narcotic Control Regulations",
|
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-
"text": "18 [Amendments]",
|
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"history": "",
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"last_amended": "2012-11-21",
|
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"in_force": "2012-11-21",
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"status": "in force",
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"current_to": "2025-12-02",
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},
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{
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-
"id": "SOR-2012-230-s19",
|
| 346 |
"act_code": "SOR-2012-230",
|
| 347 |
"act_short": "New Classes of Practitioners Regs",
|
| 348 |
"act_name": "New Classes of Practitioners Regulations",
|
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@@ -351,17 +350,17 @@
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"part": "",
|
| 352 |
"division": "",
|
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"heading": "Narcotic Control Regulations",
|
| 354 |
-
"text": "19 [Amendment]",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2012-11-21",
|
| 357 |
"in_force": "2012-11-21",
|
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"status": "in force",
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"current_to": "2025-12-02",
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-
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},
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{
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-
"id": "SOR-2012-230-s20",
|
| 365 |
"act_code": "SOR-2012-230",
|
| 366 |
"act_short": "New Classes of Practitioners Regs",
|
| 367 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -370,17 +369,17 @@
|
|
| 370 |
"part": "",
|
| 371 |
"division": "",
|
| 372 |
"heading": "Narcotic Control Regulations",
|
| 373 |
-
"text": "20 [Amendments]",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2012-11-21",
|
| 376 |
"in_force": "2012-11-21",
|
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"status": "in force",
|
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"current_to": "2025-12-02",
|
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-
"
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-
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},
|
| 382 |
{
|
| 383 |
-
"id": "SOR-2012-230-s21",
|
| 384 |
"act_code": "SOR-2012-230",
|
| 385 |
"act_short": "New Classes of Practitioners Regs",
|
| 386 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -389,17 +388,17 @@
|
|
| 389 |
"part": "",
|
| 390 |
"division": "",
|
| 391 |
"heading": "Narcotic Control Regulations",
|
| 392 |
-
"text": "21 [Amendment]",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2012-11-21",
|
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"in_force": "2012-11-21",
|
| 396 |
"status": "in force",
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"current_to": "2025-12-02",
|
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-
"
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-
"
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},
|
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{
|
| 402 |
-
"id": "SOR-2012-230-s22",
|
| 403 |
"act_code": "SOR-2012-230",
|
| 404 |
"act_short": "New Classes of Practitioners Regs",
|
| 405 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -408,17 +407,17 @@
|
|
| 408 |
"part": "",
|
| 409 |
"division": "",
|
| 410 |
"heading": "Narcotic Control Regulations",
|
| 411 |
-
"text": "22 [Amendment]",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2012-11-21",
|
| 414 |
"in_force": "2012-11-21",
|
| 415 |
"status": "in force",
|
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"current_to": "2025-12-02",
|
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-
"
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-
"
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|
| 419 |
},
|
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{
|
| 421 |
-
"id": "SOR-2012-230-s23",
|
| 422 |
"act_code": "SOR-2012-230",
|
| 423 |
"act_short": "New Classes of Practitioners Regs",
|
| 424 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -427,17 +426,17 @@
|
|
| 427 |
"part": "",
|
| 428 |
"division": "",
|
| 429 |
"heading": "Narcotic Control Regulations",
|
| 430 |
-
"text": "23 [Amendment]",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2012-11-21",
|
| 433 |
"in_force": "2012-11-21",
|
| 434 |
"status": "in force",
|
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"current_to": "2025-12-02",
|
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-
"
|
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-
"
|
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|
| 438 |
},
|
| 439 |
{
|
| 440 |
-
"id": "SOR-2012-230-s24",
|
| 441 |
"act_code": "SOR-2012-230",
|
| 442 |
"act_short": "New Classes of Practitioners Regs",
|
| 443 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -446,17 +445,17 @@
|
|
| 446 |
"part": "",
|
| 447 |
"division": "",
|
| 448 |
"heading": "Narcotic Control Regulations",
|
| 449 |
-
"text": "24 [Amendment]",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2012-11-21",
|
| 452 |
"in_force": "2012-11-21",
|
| 453 |
"status": "in force",
|
| 454 |
"current_to": "2025-12-02",
|
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-
"
|
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-
"
|
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},
|
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{
|
| 459 |
-
"id": "SOR-2012-230-s25",
|
| 460 |
"act_code": "SOR-2012-230",
|
| 461 |
"act_short": "New Classes of Practitioners Regs",
|
| 462 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -465,17 +464,17 @@
|
|
| 465 |
"part": "",
|
| 466 |
"division": "",
|
| 467 |
"heading": "Benzodiazepines and Other Targeted Substances Regulations",
|
| 468 |
-
"text": "25 [Amendments]",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2012-11-21",
|
| 471 |
"in_force": "2012-11-21",
|
| 472 |
"status": "in force",
|
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"current_to": "2025-12-02",
|
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-
"
|
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-
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},
|
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{
|
| 478 |
-
"id": "SOR-2012-230-s26",
|
| 479 |
"act_code": "SOR-2012-230",
|
| 480 |
"act_short": "New Classes of Practitioners Regs",
|
| 481 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -484,17 +483,17 @@
|
|
| 484 |
"part": "",
|
| 485 |
"division": "",
|
| 486 |
"heading": "Benzodiazepines and Other Targeted Substances Regulations",
|
| 487 |
-
"text": "26 [Amendment]",
|
| 488 |
"history": "",
|
| 489 |
"last_amended": "2012-11-21",
|
| 490 |
"in_force": "2012-11-21",
|
| 491 |
"status": "in force",
|
| 492 |
"current_to": "2025-12-02",
|
| 493 |
-
"
|
| 494 |
-
"
|
|
|
|
|
|
|
| 495 |
},
|
| 496 |
{
|
| 497 |
-
"id": "SOR-2012-230-s27",
|
| 498 |
"act_code": "SOR-2012-230",
|
| 499 |
"act_short": "New Classes of Practitioners Regs",
|
| 500 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -503,17 +502,17 @@
|
|
| 503 |
"part": "",
|
| 504 |
"division": "",
|
| 505 |
"heading": "Benzodiazepines and Other Targeted Substances Regulations",
|
| 506 |
-
"text": "27 [Amendment]",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2012-11-21",
|
| 509 |
"in_force": "2012-11-21",
|
| 510 |
"status": "in force",
|
| 511 |
"current_to": "2025-12-02",
|
| 512 |
-
"
|
| 513 |
-
"
|
|
|
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|
|
| 514 |
},
|
| 515 |
{
|
| 516 |
-
"id": "SOR-2012-230-s28",
|
| 517 |
"act_code": "SOR-2012-230",
|
| 518 |
"act_short": "New Classes of Practitioners Regs",
|
| 519 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -522,17 +521,17 @@
|
|
| 522 |
"part": "",
|
| 523 |
"division": "",
|
| 524 |
"heading": "Transitional Provisions",
|
| 525 |
-
"text": "28 [Transitional Provisions]",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2012-11-21",
|
| 528 |
"in_force": "2012-11-21",
|
| 529 |
"status": "in force",
|
| 530 |
"current_to": "2025-12-02",
|
| 531 |
-
"
|
| 532 |
-
"
|
|
|
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|
|
| 533 |
},
|
| 534 |
{
|
| 535 |
-
"id": "SOR-2012-230-s*29",
|
| 536 |
"act_code": "SOR-2012-230",
|
| 537 |
"act_short": "New Classes of Practitioners Regs",
|
| 538 |
"act_name": "New Classes of Practitioners Regulations",
|
|
@@ -541,13 +540,14 @@
|
|
| 541 |
"part": "",
|
| 542 |
"division": "",
|
| 543 |
"heading": "Coming into Force",
|
| 544 |
-
"text": "*29 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.\n* [Note: Regulations in force November 21, 2012.]",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2012-11-01",
|
| 547 |
"in_force": "2012-11-01",
|
| 548 |
"status": "in force",
|
| 549 |
"current_to": "2025-12-02",
|
| 550 |
-
"
|
| 551 |
-
"
|
|
|
|
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|
|
| 552 |
}
|
| 553 |
]
|
|
|
|
| 1 |
[
|
| 2 |
{
|
|
|
|
| 3 |
"act_code": "SOR-2012-230",
|
| 4 |
"act_short": "New Classes of Practitioners Regs",
|
| 5 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 8 |
"part": "",
|
| 9 |
"division": "",
|
| 10 |
"heading": "Interpretation",
|
|
|
|
| 11 |
"history": "",
|
| 12 |
"last_amended": "2012-11-21",
|
| 13 |
"in_force": "2012-11-21",
|
| 14 |
"status": "in force",
|
| 15 |
"current_to": "2025-12-02",
|
| 16 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-1.html",
|
| 17 |
+
"id": "SOR-2012-230-s1",
|
| 18 |
+
"text": "1 The following definitions apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nlisted substance means a substance set out in Schedule 1 to the Benzodiazepines and Other Targeted Substances Regulations, the schedule to Part G of the Food and Drug Regulations or the schedule to the Narcotic Control Regulations, and includes anything that contains the substance. (substance inscrite)\nmidwife means a person who is registered and entitled under the laws of a province to practise midwifery and who is practising midwifery in that province. (sage-femme)\nnurse practitioner means a person who is registered and entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and who is practising as a nurse practitioner or an equivalent designation in that province. For the purpose of this definition, a designation is equivalent when it designates a person who\n(a) is a registered nurse;\n(b) possesses additional educational preparation and experience related to health care;\n(c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and\n(d) is practising their profession in accordance with, for example, the following provincial laws, as amended from time to time:\n(i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act of Manitoba, C.C.S.M., c. R40,\n(ii) Ontario Regulation 275/94, made under the Nursing Act, 1991 of Ontario, S.O. 1991, c. 32, or\n(iii) the Regulation respecting Ordre des infirmières et infirmiers du Québec classes of specialities related to the performance of acts contemplated in section 36.1 of the Nurses Act, R.R.Q., c. I-8, r. 8, made under the Nurses Act of Quebec, R.S.Q., c. I-8. (infirmier praticien)\npodiatrist means a person who is registered and entitled under the laws of a province to practise podiatry or chiropody and who is practising podiatry or chiropody in that province. (podiatre)",
|
| 19 |
+
"citation": "New Classes of Practitioners Regs, s. 1"
|
| 20 |
},
|
| 21 |
{
|
|
|
|
| 22 |
"act_code": "SOR-2012-230",
|
| 23 |
"act_short": "New Classes of Practitioners Regs",
|
| 24 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 27 |
"part": "",
|
| 28 |
"division": "",
|
| 29 |
"heading": "New Classes of Practitioners Prescribed",
|
|
|
|
| 30 |
"history": "",
|
| 31 |
"last_amended": "2012-11-21",
|
| 32 |
"in_force": "2012-11-21",
|
| 33 |
"status": "in force",
|
| 34 |
"current_to": "2025-12-02",
|
| 35 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-2.html",
|
| 36 |
+
"id": "SOR-2012-230-s2",
|
| 37 |
+
"text": "2 For the purpose of the definition practitioner in subsection 2(1) of the Act, the following classes of persons are prescribed:\n(a) midwives;\n(b) nurse practitioners; and\n(c) podiatrists.",
|
| 38 |
+
"citation": "New Classes of Practitioners Regs, s. 2"
|
| 39 |
},
|
| 40 |
{
|
|
|
|
| 41 |
"act_code": "SOR-2012-230",
|
| 42 |
"act_short": "New Classes of Practitioners Regs",
|
| 43 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 46 |
"part": "",
|
| 47 |
"division": "",
|
| 48 |
"heading": "Permitted Activities and Exclusions",
|
|
|
|
| 49 |
"history": "SOR/2013-119, s. 251; SOR/2016-230, s. 280; SOR/2018-147, s. 31",
|
| 50 |
"last_amended": "2018-10-17",
|
| 51 |
"in_force": "2018-10-17",
|
| 52 |
"status": "in force",
|
| 53 |
"current_to": "2025-12-02",
|
| 54 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-3.html",
|
| 55 |
+
"id": "SOR-2012-230-s3",
|
| 56 |
+
"text": "3 Subject to section 4, a midwife, nurse practitioner or podiatrist, as a practitioner, may prescribe or possess a listed substance, or conduct an activity with a listed substance, in accordance with the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations if they are permitted to prescribe, in their practice under the laws of the province in which they are registered and entitled to practise, that substance.",
|
| 57 |
+
"citation": "New Classes of Practitioners Regs, s. 3"
|
| 58 |
},
|
| 59 |
{
|
|
|
|
| 60 |
"act_code": "SOR-2012-230",
|
| 61 |
"act_short": "New Classes of Practitioners Regs",
|
| 62 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 65 |
"part": "",
|
| 66 |
"division": "",
|
| 67 |
"heading": "Permitted Activities and Exclusions",
|
|
|
|
| 68 |
"history": "SOR/2013-119, s. 252; SOR/2013-172, s. 10; SOR/2016-239, s. 9; SOR/2018-37, s. 8; SOR/2018-147, s. 32",
|
| 69 |
"last_amended": "2018-10-17",
|
| 70 |
"in_force": "2018-10-17",
|
| 71 |
"status": "in force",
|
| 72 |
"current_to": "2025-12-02",
|
| 73 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-4.html",
|
| 74 |
+
"id": "SOR-2012-230-s4",
|
| 75 |
+
"text": "4\n(1) In respect of a midwife or podiatrist, a listed substance excludes a substance set out in\n(a) the definition designated drug in subsection G.04.001(1) of the Food and Drug Regulations;\n(b) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations; and\n(c) any of subitems 1(1) and (10), 2(1), 5(4) and 10(1) of the schedule to the Narcotic Control Regulations.\n(2) [Exclusions — nurse practitioner] In respect of a nurse practitioner, a listed substance excludes a substance set out in\n(a) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations, except for subitem (40); and\n(b) subitem 1(1) or 2(1) of the schedule to the Narcotic Control Regulations.",
|
| 76 |
+
"citation": "New Classes of Practitioners Regs, s. 4"
|
| 77 |
},
|
| 78 |
{
|
|
|
|
| 79 |
"act_code": "SOR-2012-230",
|
| 80 |
"act_short": "New Classes of Practitioners Regs",
|
| 81 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 84 |
"part": "",
|
| 85 |
"division": "",
|
| 86 |
"heading": "Inconsistency with other Regulations",
|
|
|
|
| 87 |
"history": "",
|
| 88 |
"last_amended": "2012-11-21",
|
| 89 |
"in_force": "2012-11-21",
|
| 90 |
"status": "in force",
|
| 91 |
"current_to": "2025-12-02",
|
| 92 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-5.html",
|
| 93 |
+
"id": "SOR-2012-230-s5",
|
| 94 |
+
"text": "5 In the event of any inconsistency between these Regulations and the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations, these Regulations prevail to the extent of the inconsistency.",
|
| 95 |
+
"citation": "New Classes of Practitioners Regs, s. 5"
|
| 96 |
},
|
| 97 |
{
|
|
|
|
| 98 |
"act_code": "SOR-2012-230",
|
| 99 |
"act_short": "New Classes of Practitioners Regs",
|
| 100 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 103 |
"part": "",
|
| 104 |
"division": "",
|
| 105 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 106 |
"history": "",
|
| 107 |
"last_amended": "2012-11-21",
|
| 108 |
"in_force": "2012-11-21",
|
| 109 |
"status": "in force",
|
| 110 |
"current_to": "2025-12-02",
|
| 111 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-6.html",
|
| 112 |
+
"id": "SOR-2012-230-s6",
|
| 113 |
+
"text": "6 [Amendments]",
|
| 114 |
+
"citation": "New Classes of Practitioners Regs, s. 6"
|
| 115 |
},
|
| 116 |
{
|
|
|
|
| 117 |
"act_code": "SOR-2012-230",
|
| 118 |
"act_short": "New Classes of Practitioners Regs",
|
| 119 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 122 |
"part": "",
|
| 123 |
"division": "",
|
| 124 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 125 |
"history": "",
|
| 126 |
"last_amended": "2012-11-21",
|
| 127 |
"in_force": "2012-11-21",
|
| 128 |
"status": "in force",
|
| 129 |
"current_to": "2025-12-02",
|
| 130 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-7.html",
|
| 131 |
+
"id": "SOR-2012-230-s7",
|
| 132 |
+
"text": "7 [Amendment]",
|
| 133 |
+
"citation": "New Classes of Practitioners Regs, s. 7"
|
| 134 |
},
|
| 135 |
{
|
|
|
|
| 136 |
"act_code": "SOR-2012-230",
|
| 137 |
"act_short": "New Classes of Practitioners Regs",
|
| 138 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 141 |
"part": "",
|
| 142 |
"division": "",
|
| 143 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 144 |
"history": "",
|
| 145 |
"last_amended": "2012-11-21",
|
| 146 |
"in_force": "2012-11-21",
|
| 147 |
"status": "in force",
|
| 148 |
"current_to": "2025-12-02",
|
| 149 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-8.html",
|
| 150 |
+
"id": "SOR-2012-230-s8",
|
| 151 |
+
"text": "8 [Amendment]",
|
| 152 |
+
"citation": "New Classes of Practitioners Regs, s. 8"
|
| 153 |
},
|
| 154 |
{
|
|
|
|
| 155 |
"act_code": "SOR-2012-230",
|
| 156 |
"act_short": "New Classes of Practitioners Regs",
|
| 157 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 160 |
"part": "",
|
| 161 |
"division": "",
|
| 162 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 163 |
"history": "",
|
| 164 |
"last_amended": "2012-11-21",
|
| 165 |
"in_force": "2012-11-21",
|
| 166 |
"status": "in force",
|
| 167 |
"current_to": "2025-12-02",
|
| 168 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-9.html",
|
| 169 |
+
"id": "SOR-2012-230-s9",
|
| 170 |
+
"text": "9 [Amendment]",
|
| 171 |
+
"citation": "New Classes of Practitioners Regs, s. 9"
|
| 172 |
},
|
| 173 |
{
|
|
|
|
| 174 |
"act_code": "SOR-2012-230",
|
| 175 |
"act_short": "New Classes of Practitioners Regs",
|
| 176 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 179 |
"part": "",
|
| 180 |
"division": "",
|
| 181 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 182 |
"history": "",
|
| 183 |
"last_amended": "2012-11-21",
|
| 184 |
"in_force": "2012-11-21",
|
| 185 |
"status": "in force",
|
| 186 |
"current_to": "2025-12-02",
|
| 187 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-10.html",
|
| 188 |
+
"id": "SOR-2012-230-s10",
|
| 189 |
+
"text": "10 [Amendments]",
|
| 190 |
+
"citation": "New Classes of Practitioners Regs, s. 10"
|
| 191 |
},
|
| 192 |
{
|
|
|
|
| 193 |
"act_code": "SOR-2012-230",
|
| 194 |
"act_short": "New Classes of Practitioners Regs",
|
| 195 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 198 |
"part": "",
|
| 199 |
"division": "",
|
| 200 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 201 |
"history": "",
|
| 202 |
"last_amended": "2012-11-21",
|
| 203 |
"in_force": "2012-11-21",
|
| 204 |
"status": "in force",
|
| 205 |
"current_to": "2025-12-02",
|
| 206 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-11.html",
|
| 207 |
+
"id": "SOR-2012-230-s11",
|
| 208 |
+
"text": "11 [Amendment]",
|
| 209 |
+
"citation": "New Classes of Practitioners Regs, s. 11"
|
| 210 |
},
|
| 211 |
{
|
|
|
|
| 212 |
"act_code": "SOR-2012-230",
|
| 213 |
"act_short": "New Classes of Practitioners Regs",
|
| 214 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 217 |
"part": "",
|
| 218 |
"division": "",
|
| 219 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 220 |
"history": "",
|
| 221 |
"last_amended": "2012-11-21",
|
| 222 |
"in_force": "2012-11-21",
|
| 223 |
"status": "in force",
|
| 224 |
"current_to": "2025-12-02",
|
| 225 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-12.html",
|
| 226 |
+
"id": "SOR-2012-230-s12",
|
| 227 |
+
"text": "12 [Amendments]",
|
| 228 |
+
"citation": "New Classes of Practitioners Regs, s. 12"
|
| 229 |
},
|
| 230 |
{
|
|
|
|
| 231 |
"act_code": "SOR-2012-230",
|
| 232 |
"act_short": "New Classes of Practitioners Regs",
|
| 233 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 236 |
"part": "",
|
| 237 |
"division": "",
|
| 238 |
"heading": "Food and Drug Regulations",
|
|
|
|
| 239 |
"history": "",
|
| 240 |
"last_amended": "2012-11-21",
|
| 241 |
"in_force": "2012-11-21",
|
| 242 |
"status": "in force",
|
| 243 |
"current_to": "2025-12-02",
|
| 244 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-13.html",
|
| 245 |
+
"id": "SOR-2012-230-s13",
|
| 246 |
+
"text": "13 [Amendment]",
|
| 247 |
+
"citation": "New Classes of Practitioners Regs, s. 13"
|
| 248 |
},
|
| 249 |
{
|
|
|
|
| 250 |
"act_code": "SOR-2012-230",
|
| 251 |
"act_short": "New Classes of Practitioners Regs",
|
| 252 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 255 |
"part": "",
|
| 256 |
"division": "",
|
| 257 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 258 |
"history": "",
|
| 259 |
"last_amended": "2012-11-21",
|
| 260 |
"in_force": "2012-11-21",
|
| 261 |
"status": "in force",
|
| 262 |
"current_to": "2025-12-02",
|
| 263 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-14.html",
|
| 264 |
+
"id": "SOR-2012-230-s14",
|
| 265 |
+
"text": "14 [Amendments]",
|
| 266 |
+
"citation": "New Classes of Practitioners Regs, s. 14"
|
| 267 |
},
|
| 268 |
{
|
|
|
|
| 269 |
"act_code": "SOR-2012-230",
|
| 270 |
"act_short": "New Classes of Practitioners Regs",
|
| 271 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 274 |
"part": "",
|
| 275 |
"division": "",
|
| 276 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 277 |
"history": "",
|
| 278 |
"last_amended": "2012-11-21",
|
| 279 |
"in_force": "2012-11-21",
|
| 280 |
"status": "in force",
|
| 281 |
"current_to": "2025-12-02",
|
| 282 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-15.html",
|
| 283 |
+
"id": "SOR-2012-230-s15",
|
| 284 |
+
"text": "15 [Amendment]",
|
| 285 |
+
"citation": "New Classes of Practitioners Regs, s. 15"
|
| 286 |
},
|
| 287 |
{
|
|
|
|
| 288 |
"act_code": "SOR-2012-230",
|
| 289 |
"act_short": "New Classes of Practitioners Regs",
|
| 290 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 293 |
"part": "",
|
| 294 |
"division": "",
|
| 295 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 296 |
"history": "",
|
| 297 |
"last_amended": "2012-11-21",
|
| 298 |
"in_force": "2012-11-21",
|
| 299 |
"status": "in force",
|
| 300 |
"current_to": "2025-12-02",
|
| 301 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-16.html",
|
| 302 |
+
"id": "SOR-2012-230-s16",
|
| 303 |
+
"text": "16 [Amendment]",
|
| 304 |
+
"citation": "New Classes of Practitioners Regs, s. 16"
|
| 305 |
},
|
| 306 |
{
|
|
|
|
| 307 |
"act_code": "SOR-2012-230",
|
| 308 |
"act_short": "New Classes of Practitioners Regs",
|
| 309 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 312 |
"part": "",
|
| 313 |
"division": "",
|
| 314 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 315 |
"history": "",
|
| 316 |
"last_amended": "2012-11-21",
|
| 317 |
"in_force": "2012-11-21",
|
| 318 |
"status": "in force",
|
| 319 |
"current_to": "2025-12-02",
|
| 320 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-17.html",
|
| 321 |
+
"id": "SOR-2012-230-s17",
|
| 322 |
+
"text": "17 [Amendment]",
|
| 323 |
+
"citation": "New Classes of Practitioners Regs, s. 17"
|
| 324 |
},
|
| 325 |
{
|
|
|
|
| 326 |
"act_code": "SOR-2012-230",
|
| 327 |
"act_short": "New Classes of Practitioners Regs",
|
| 328 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 331 |
"part": "",
|
| 332 |
"division": "",
|
| 333 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 334 |
"history": "",
|
| 335 |
"last_amended": "2012-11-21",
|
| 336 |
"in_force": "2012-11-21",
|
| 337 |
"status": "in force",
|
| 338 |
"current_to": "2025-12-02",
|
| 339 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-18.html",
|
| 340 |
+
"id": "SOR-2012-230-s18",
|
| 341 |
+
"text": "18 [Amendments]",
|
| 342 |
+
"citation": "New Classes of Practitioners Regs, s. 18"
|
| 343 |
},
|
| 344 |
{
|
|
|
|
| 345 |
"act_code": "SOR-2012-230",
|
| 346 |
"act_short": "New Classes of Practitioners Regs",
|
| 347 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 350 |
"part": "",
|
| 351 |
"division": "",
|
| 352 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2012-11-21",
|
| 355 |
"in_force": "2012-11-21",
|
| 356 |
"status": "in force",
|
| 357 |
"current_to": "2025-12-02",
|
| 358 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-19.html",
|
| 359 |
+
"id": "SOR-2012-230-s19",
|
| 360 |
+
"text": "19 [Amendment]",
|
| 361 |
+
"citation": "New Classes of Practitioners Regs, s. 19"
|
| 362 |
},
|
| 363 |
{
|
|
|
|
| 364 |
"act_code": "SOR-2012-230",
|
| 365 |
"act_short": "New Classes of Practitioners Regs",
|
| 366 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 369 |
"part": "",
|
| 370 |
"division": "",
|
| 371 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 372 |
"history": "",
|
| 373 |
"last_amended": "2012-11-21",
|
| 374 |
"in_force": "2012-11-21",
|
| 375 |
"status": "in force",
|
| 376 |
"current_to": "2025-12-02",
|
| 377 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-20.html",
|
| 378 |
+
"id": "SOR-2012-230-s20",
|
| 379 |
+
"text": "20 [Amendments]",
|
| 380 |
+
"citation": "New Classes of Practitioners Regs, s. 20"
|
| 381 |
},
|
| 382 |
{
|
|
|
|
| 383 |
"act_code": "SOR-2012-230",
|
| 384 |
"act_short": "New Classes of Practitioners Regs",
|
| 385 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 388 |
"part": "",
|
| 389 |
"division": "",
|
| 390 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 391 |
"history": "",
|
| 392 |
"last_amended": "2012-11-21",
|
| 393 |
"in_force": "2012-11-21",
|
| 394 |
"status": "in force",
|
| 395 |
"current_to": "2025-12-02",
|
| 396 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-21.html",
|
| 397 |
+
"id": "SOR-2012-230-s21",
|
| 398 |
+
"text": "21 [Amendment]",
|
| 399 |
+
"citation": "New Classes of Practitioners Regs, s. 21"
|
| 400 |
},
|
| 401 |
{
|
|
|
|
| 402 |
"act_code": "SOR-2012-230",
|
| 403 |
"act_short": "New Classes of Practitioners Regs",
|
| 404 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 407 |
"part": "",
|
| 408 |
"division": "",
|
| 409 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 410 |
"history": "",
|
| 411 |
"last_amended": "2012-11-21",
|
| 412 |
"in_force": "2012-11-21",
|
| 413 |
"status": "in force",
|
| 414 |
"current_to": "2025-12-02",
|
| 415 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-22.html",
|
| 416 |
+
"id": "SOR-2012-230-s22",
|
| 417 |
+
"text": "22 [Amendment]",
|
| 418 |
+
"citation": "New Classes of Practitioners Regs, s. 22"
|
| 419 |
},
|
| 420 |
{
|
|
|
|
| 421 |
"act_code": "SOR-2012-230",
|
| 422 |
"act_short": "New Classes of Practitioners Regs",
|
| 423 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 426 |
"part": "",
|
| 427 |
"division": "",
|
| 428 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 429 |
"history": "",
|
| 430 |
"last_amended": "2012-11-21",
|
| 431 |
"in_force": "2012-11-21",
|
| 432 |
"status": "in force",
|
| 433 |
"current_to": "2025-12-02",
|
| 434 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-23.html",
|
| 435 |
+
"id": "SOR-2012-230-s23",
|
| 436 |
+
"text": "23 [Amendment]",
|
| 437 |
+
"citation": "New Classes of Practitioners Regs, s. 23"
|
| 438 |
},
|
| 439 |
{
|
|
|
|
| 440 |
"act_code": "SOR-2012-230",
|
| 441 |
"act_short": "New Classes of Practitioners Regs",
|
| 442 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 445 |
"part": "",
|
| 446 |
"division": "",
|
| 447 |
"heading": "Narcotic Control Regulations",
|
|
|
|
| 448 |
"history": "",
|
| 449 |
"last_amended": "2012-11-21",
|
| 450 |
"in_force": "2012-11-21",
|
| 451 |
"status": "in force",
|
| 452 |
"current_to": "2025-12-02",
|
| 453 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-24.html",
|
| 454 |
+
"id": "SOR-2012-230-s24",
|
| 455 |
+
"text": "24 [Amendment]",
|
| 456 |
+
"citation": "New Classes of Practitioners Regs, s. 24"
|
| 457 |
},
|
| 458 |
{
|
|
|
|
| 459 |
"act_code": "SOR-2012-230",
|
| 460 |
"act_short": "New Classes of Practitioners Regs",
|
| 461 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 464 |
"part": "",
|
| 465 |
"division": "",
|
| 466 |
"heading": "Benzodiazepines and Other Targeted Substances Regulations",
|
|
|
|
| 467 |
"history": "",
|
| 468 |
"last_amended": "2012-11-21",
|
| 469 |
"in_force": "2012-11-21",
|
| 470 |
"status": "in force",
|
| 471 |
"current_to": "2025-12-02",
|
| 472 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-25.html",
|
| 473 |
+
"id": "SOR-2012-230-s25",
|
| 474 |
+
"text": "25 [Amendments]",
|
| 475 |
+
"citation": "New Classes of Practitioners Regs, s. 25"
|
| 476 |
},
|
| 477 |
{
|
|
|
|
| 478 |
"act_code": "SOR-2012-230",
|
| 479 |
"act_short": "New Classes of Practitioners Regs",
|
| 480 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 483 |
"part": "",
|
| 484 |
"division": "",
|
| 485 |
"heading": "Benzodiazepines and Other Targeted Substances Regulations",
|
|
|
|
| 486 |
"history": "",
|
| 487 |
"last_amended": "2012-11-21",
|
| 488 |
"in_force": "2012-11-21",
|
| 489 |
"status": "in force",
|
| 490 |
"current_to": "2025-12-02",
|
| 491 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-26.html",
|
| 492 |
+
"id": "SOR-2012-230-s26",
|
| 493 |
+
"text": "26 [Amendment]",
|
| 494 |
+
"citation": "New Classes of Practitioners Regs, s. 26"
|
| 495 |
},
|
| 496 |
{
|
|
|
|
| 497 |
"act_code": "SOR-2012-230",
|
| 498 |
"act_short": "New Classes of Practitioners Regs",
|
| 499 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 502 |
"part": "",
|
| 503 |
"division": "",
|
| 504 |
"heading": "Benzodiazepines and Other Targeted Substances Regulations",
|
|
|
|
| 505 |
"history": "",
|
| 506 |
"last_amended": "2012-11-21",
|
| 507 |
"in_force": "2012-11-21",
|
| 508 |
"status": "in force",
|
| 509 |
"current_to": "2025-12-02",
|
| 510 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-27.html",
|
| 511 |
+
"id": "SOR-2012-230-s27",
|
| 512 |
+
"text": "27 [Amendment]",
|
| 513 |
+
"citation": "New Classes of Practitioners Regs, s. 27"
|
| 514 |
},
|
| 515 |
{
|
|
|
|
| 516 |
"act_code": "SOR-2012-230",
|
| 517 |
"act_short": "New Classes of Practitioners Regs",
|
| 518 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 521 |
"part": "",
|
| 522 |
"division": "",
|
| 523 |
"heading": "Transitional Provisions",
|
|
|
|
| 524 |
"history": "",
|
| 525 |
"last_amended": "2012-11-21",
|
| 526 |
"in_force": "2012-11-21",
|
| 527 |
"status": "in force",
|
| 528 |
"current_to": "2025-12-02",
|
| 529 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-28.html",
|
| 530 |
+
"id": "SOR-2012-230-s28",
|
| 531 |
+
"text": "28 [Transitional Provisions]",
|
| 532 |
+
"citation": "New Classes of Practitioners Regs, s. 28"
|
| 533 |
},
|
| 534 |
{
|
|
|
|
| 535 |
"act_code": "SOR-2012-230",
|
| 536 |
"act_short": "New Classes of Practitioners Regs",
|
| 537 |
"act_name": "New Classes of Practitioners Regulations",
|
|
|
|
| 540 |
"part": "",
|
| 541 |
"division": "",
|
| 542 |
"heading": "Coming into Force",
|
|
|
|
| 543 |
"history": "",
|
| 544 |
"last_amended": "2012-11-01",
|
| 545 |
"in_force": "2012-11-01",
|
| 546 |
"status": "in force",
|
| 547 |
"current_to": "2025-12-02",
|
| 548 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-*29.html",
|
| 549 |
+
"id": "SOR-2012-230-s*29",
|
| 550 |
+
"text": "*29 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.\n* [Note: Regulations in force November 21, 2012.]",
|
| 551 |
+
"citation": "New Classes of Practitioners Regs, s. *29"
|
| 552 |
}
|
| 553 |
]
|
|
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|
@@ -1,6 +1,5 @@
|
|
| 1 |
[
|
| 2 |
{
|
| 3 |
-
"id": "SOR-97-229-s1",
|
| 4 |
"act_code": "SOR-97-229",
|
| 5 |
"act_short": "Precursor & Substance Exemption Regs",
|
| 6 |
"act_name": "Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act",
|
|
@@ -9,17 +8,17 @@
|
|
| 9 |
"part": "",
|
| 10 |
"division": "",
|
| 11 |
"heading": "Exemptions",
|
| 12 |
-
"text": "1 The substances set out in Schedule I are exempt from the application of the Controlled Drugs and Substances Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2006-03-22",
|
| 15 |
"in_force": "2006-03-22",
|
| 16 |
"status": "in force",
|
| 17 |
"current_to": "2025-12-02",
|
| 18 |
-
"
|
| 19 |
-
"
|
|
|
|
|
|
|
| 20 |
},
|
| 21 |
{
|
| 22 |
-
"id": "SOR-97-229-s2 and 3",
|
| 23 |
"act_code": "SOR-97-229",
|
| 24 |
"act_short": "Precursor & Substance Exemption Regs",
|
| 25 |
"act_name": "Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act",
|
|
@@ -28,17 +27,17 @@
|
|
| 28 |
"part": "",
|
| 29 |
"division": "",
|
| 30 |
"heading": "Exemptions",
|
| 31 |
-
"text": "2 and 3 [Repealed, SOR/97-514, s. 2]",
|
| 32 |
"history": "",
|
| 33 |
"last_amended": "2006-03-22",
|
| 34 |
"in_force": "2006-03-22",
|
| 35 |
"status": "repealed",
|
| 36 |
"current_to": "2025-12-02",
|
| 37 |
-
"
|
| 38 |
-
"
|
|
|
|
|
|
|
| 39 |
},
|
| 40 |
{
|
| 41 |
-
"id": "SOR-97-229-s*4",
|
| 42 |
"act_code": "SOR-97-229",
|
| 43 |
"act_short": "Precursor & Substance Exemption Regs",
|
| 44 |
"act_name": "Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act",
|
|
@@ -47,13 +46,14 @@
|
|
| 47 |
"part": "",
|
| 48 |
"division": "",
|
| 49 |
"heading": "Coming into Force",
|
| 50 |
-
"text": "*4 These Regulations come into force on the day which the Controlled Drugs and Substances Act, chapter 19 of the Statutes of Canada, 1996, comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2006-03-22",
|
| 53 |
"in_force": "2006-03-22",
|
| 54 |
"status": "in force",
|
| 55 |
"current_to": "2025-12-02",
|
| 56 |
-
"
|
| 57 |
-
"
|
|
|
|
|
|
|
| 58 |
}
|
| 59 |
]
|
|
|
|
| 1 |
[
|
| 2 |
{
|
|
|
|
| 3 |
"act_code": "SOR-97-229",
|
| 4 |
"act_short": "Precursor & Substance Exemption Regs",
|
| 5 |
"act_name": "Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act",
|
|
|
|
| 8 |
"part": "",
|
| 9 |
"division": "",
|
| 10 |
"heading": "Exemptions",
|
|
|
|
| 11 |
"history": "",
|
| 12 |
"last_amended": "2006-03-22",
|
| 13 |
"in_force": "2006-03-22",
|
| 14 |
"status": "in force",
|
| 15 |
"current_to": "2025-12-02",
|
| 16 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-1.html",
|
| 17 |
+
"id": "SOR-97-229-s1",
|
| 18 |
+
"text": "1 The substances set out in Schedule I are exempt from the application of the Controlled Drugs and Substances Act.",
|
| 19 |
+
"citation": "Precursor & Substance Exemption Regs, s. 1"
|
| 20 |
},
|
| 21 |
{
|
|
|
|
| 22 |
"act_code": "SOR-97-229",
|
| 23 |
"act_short": "Precursor & Substance Exemption Regs",
|
| 24 |
"act_name": "Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act",
|
|
|
|
| 27 |
"part": "",
|
| 28 |
"division": "",
|
| 29 |
"heading": "Exemptions",
|
|
|
|
| 30 |
"history": "",
|
| 31 |
"last_amended": "2006-03-22",
|
| 32 |
"in_force": "2006-03-22",
|
| 33 |
"status": "repealed",
|
| 34 |
"current_to": "2025-12-02",
|
| 35 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-2 and 3.html",
|
| 36 |
+
"id": "SOR-97-229-s2 and 3",
|
| 37 |
+
"text": "2 and 3 [Repealed, SOR/97-514, s. 2]",
|
| 38 |
+
"citation": "Precursor & Substance Exemption Regs, s. 2 and 3"
|
| 39 |
},
|
| 40 |
{
|
|
|
|
| 41 |
"act_code": "SOR-97-229",
|
| 42 |
"act_short": "Precursor & Substance Exemption Regs",
|
| 43 |
"act_name": "Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act",
|
|
|
|
| 46 |
"part": "",
|
| 47 |
"division": "",
|
| 48 |
"heading": "Coming into Force",
|
|
|
|
| 49 |
"history": "",
|
| 50 |
"last_amended": "2006-03-22",
|
| 51 |
"in_force": "2006-03-22",
|
| 52 |
"status": "in force",
|
| 53 |
"current_to": "2025-12-02",
|
| 54 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-*4.html",
|
| 55 |
+
"id": "SOR-97-229-s*4",
|
| 56 |
+
"text": "*4 These Regulations come into force on the day which the Controlled Drugs and Substances Act, chapter 19 of the Statutes of Canada, 1996, comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 57 |
+
"citation": "Precursor & Substance Exemption Regs, s. *4"
|
| 58 |
}
|
| 59 |
]
|
|
@@ -1,6 +1,5 @@
|
|
| 1 |
[
|
| 2 |
{
|
| 3 |
-
"id": "SOR-97-234-s1",
|
| 4 |
"act_code": "SOR-97-234",
|
| 5 |
"act_short": "CDSA Police Enforcement Regs",
|
| 6 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -9,17 +8,17 @@
|
|
| 9 |
"part": "",
|
| 10 |
"division": "",
|
| 11 |
"heading": "Interpretation",
|
| 12 |
-
"text": "1 The definitions in this section apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nappropriate police officer means\n(a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement; and\n(b) in the case of any other police force, the member of the police force who is the most senior officer responsible for operations. (agent de police compétent)\nchief means, in respect of a police force other than the RCMP, the senior police officer in charge of the police force. (chef)\nparticular investigation means a primary investigation conducted under the Act or any other Act of Parliament and includes any investigation that arises from the primary investigation. (enquête particulière). (enquête particulière)\npolice force means a police force that is designated pursuant to section 2. (corps policier)\nproceeding means a preliminary inquiry, trial or other proceeding under the Act or any other Act of Parliament. (procédure)\nprovincial minister means the provincial minister responsible for policing in a province. (ministre provincial)\nRCMP means the Royal Canadian Mounted Police. (GRC)",
|
| 13 |
"history": "SOR/2005-72, ss. 1, 16(F)",
|
| 14 |
"last_amended": "2006-03-22",
|
| 15 |
"in_force": "2006-03-22",
|
| 16 |
"status": "in force",
|
| 17 |
"current_to": "2026-03-31",
|
| 18 |
-
"
|
| 19 |
-
"
|
|
|
|
|
|
|
| 20 |
},
|
| 21 |
{
|
| 22 |
-
"id": "SOR-97-234-s2",
|
| 23 |
"act_code": "SOR-97-234",
|
| 24 |
"act_short": "CDSA Police Enforcement Regs",
|
| 25 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -28,17 +27,17 @@
|
|
| 28 |
"part": "",
|
| 29 |
"division": "",
|
| 30 |
"heading": "Designations of Police Forces",
|
| 31 |
-
"text": "2 The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of that Minister or the provincial minister for the purposes of these Regulations or any of its provisions.",
|
| 32 |
"history": "SOR/2022-174, s. 1",
|
| 33 |
"last_amended": "2022-07-15",
|
| 34 |
"in_force": "2022-07-15",
|
| 35 |
"status": "in force",
|
| 36 |
"current_to": "2026-03-31",
|
| 37 |
-
"
|
| 38 |
-
"
|
|
|
|
|
|
|
| 39 |
},
|
| 40 |
{
|
| 41 |
-
"id": "SOR-97-234-s3",
|
| 42 |
"act_code": "SOR-97-234",
|
| 43 |
"act_short": "CDSA Police Enforcement Regs",
|
| 44 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -47,17 +46,17 @@
|
|
| 47 |
"part": "",
|
| 48 |
"division": "",
|
| 49 |
"heading": "Sections 5 to 7.1 of the Act",
|
| 50 |
-
"text": "3 A member of a police force is exempt from the application of any of sections 5 to 7.1 of the Act if the member engages or attempts to engage in conduct referred to in any of those sections that involves a substance other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the member has come into possession during a particular investigation, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation.",
|
| 51 |
"history": "SOR/2005-72, s. 17(F); SOR/2022-174, s. 3",
|
| 52 |
"last_amended": "2022-07-15",
|
| 53 |
"in_force": "2006-03-22",
|
| 54 |
"status": "in force",
|
| 55 |
"current_to": "2026-03-31",
|
| 56 |
-
"
|
| 57 |
-
"
|
|
|
|
|
|
|
| 58 |
},
|
| 59 |
{
|
| 60 |
-
"id": "SOR-97-234-s4",
|
| 61 |
"act_code": "SOR-97-234",
|
| 62 |
"act_short": "CDSA Police Enforcement Regs",
|
| 63 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -66,17 +65,17 @@
|
|
| 66 |
"part": "",
|
| 67 |
"division": "",
|
| 68 |
"heading": "Sections 5 to 7.1 of the Act",
|
| 69 |
-
"text": "4 A person is exempt from the application of any of section 5 to 7.1 of the Act if the person engages or attempts to engage in conduct referred to in any of those sections that involves a substance, other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the person has come into possession, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 3(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 70 |
"history": "SOR/2005-72, s. 2; SOR/2022-174, s. 4",
|
| 71 |
"last_amended": "2022-07-15",
|
| 72 |
"in_force": "2006-03-22",
|
| 73 |
"status": "in force",
|
| 74 |
"current_to": "2026-03-31",
|
| 75 |
-
"
|
| 76 |
-
"
|
|
|
|
|
|
|
| 77 |
},
|
| 78 |
{
|
| 79 |
-
"id": "SOR-97-234-s5",
|
| 80 |
"act_code": "SOR-97-234",
|
| 81 |
"act_short": "CDSA Police Enforcement Regs",
|
| 82 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -85,17 +84,17 @@
|
|
| 85 |
"part": "",
|
| 86 |
"division": "",
|
| 87 |
"heading": "Sections 5 to 7.1 of the Act",
|
| 88 |
-
"text": "5 A member who is exempt, under section 3 of these Regulations, from the application of section 6 of the Act shall notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of a substance by the member in accordance with section 3 of these Regulations, or by a person under the member's direction or control pursuant to section 4 of these Regulations, before the substance is imported or exported or, if it is not practicable to do so before the substance is imported or exported, as soon as practicable after that time.",
|
| 89 |
"history": "SOR/2005-72, s. 3",
|
| 90 |
"last_amended": "2006-03-22",
|
| 91 |
"in_force": "2006-03-22",
|
| 92 |
"status": "in force",
|
| 93 |
"current_to": "2026-03-31",
|
| 94 |
-
"
|
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-
"
|
|
|
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| 96 |
},
|
| 97 |
{
|
| 98 |
-
"id": "SOR-97-234-s5.1",
|
| 99 |
"act_code": "SOR-97-234",
|
| 100 |
"act_short": "CDSA Police Enforcement Regs",
|
| 101 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -104,17 +103,17 @@
|
|
| 104 |
"part": "",
|
| 105 |
"division": "",
|
| 106 |
"heading": "Section 5 of the Act — Holding Out",
|
| 107 |
-
"text": "5.1 A member of a police force who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 108 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 109 |
"last_amended": "2026-03-26",
|
| 110 |
"in_force": "2006-03-22",
|
| 111 |
"status": "in force",
|
| 112 |
"current_to": "2026-03-31",
|
| 113 |
-
"
|
| 114 |
-
"
|
|
|
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},
|
| 116 |
{
|
| 117 |
-
"id": "SOR-97-234-s5.2",
|
| 118 |
"act_code": "SOR-97-234",
|
| 119 |
"act_short": "CDSA Police Enforcement Regs",
|
| 120 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -123,17 +122,17 @@
|
|
| 123 |
"part": "",
|
| 124 |
"division": "",
|
| 125 |
"heading": "Section 5 of the Act — Holding Out",
|
| 126 |
-
"text": "5.2 A person who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 5.1(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 127 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 128 |
"last_amended": "2026-03-26",
|
| 129 |
"in_force": "2006-03-22",
|
| 130 |
"status": "in force",
|
| 131 |
"current_to": "2026-03-31",
|
| 132 |
-
"
|
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-
"
|
|
|
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|
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},
|
| 135 |
{
|
| 136 |
-
"id": "SOR-97-234-s6",
|
| 137 |
"act_code": "SOR-97-234",
|
| 138 |
"act_short": "CDSA Police Enforcement Regs",
|
| 139 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -142,17 +141,17 @@
|
|
| 142 |
"part": "",
|
| 143 |
"division": "",
|
| 144 |
"heading": "Subsection 4(2) of the Act",
|
| 145 |
-
"text": "6 A member of a police force is exempt from the application of subsection 4(2) of the Act where the member engages or attempts to engage in conduct referred to in that subsection, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 146 |
"history": "SOR/2005-72, s. 17(F)",
|
| 147 |
"last_amended": "2006-03-22",
|
| 148 |
"in_force": "2006-03-22",
|
| 149 |
"status": "in force",
|
| 150 |
"current_to": "2026-03-31",
|
| 151 |
-
"
|
| 152 |
-
"
|
|
|
|
|
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|
| 153 |
},
|
| 154 |
{
|
| 155 |
-
"id": "SOR-97-234-s7",
|
| 156 |
"act_code": "SOR-97-234",
|
| 157 |
"act_short": "CDSA Police Enforcement Regs",
|
| 158 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -161,17 +160,17 @@
|
|
| 161 |
"part": "",
|
| 162 |
"division": "",
|
| 163 |
"heading": "Subsection 4(2) of the Act",
|
| 164 |
-
"text": "7 A person is exempt from the application of subsection 4(2) of the Act where the person engages or attempts to engage in conduct referred to in that subsection, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 6(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 165 |
"history": "SOR/2005-72, s. 4",
|
| 166 |
"last_amended": "2006-03-22",
|
| 167 |
"in_force": "2006-03-22",
|
| 168 |
"status": "in force",
|
| 169 |
"current_to": "2026-03-31",
|
| 170 |
-
"
|
| 171 |
-
"
|
|
|
|
|
|
|
| 172 |
},
|
| 173 |
{
|
| 174 |
-
"id": "SOR-97-234-s7.1",
|
| 175 |
"act_code": "SOR-97-234",
|
| 176 |
"act_short": "CDSA Police Enforcement Regs",
|
| 177 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -180,17 +179,17 @@
|
|
| 180 |
"part": "",
|
| 181 |
"division": "",
|
| 182 |
"heading": "Provisions of the Precursor Control Regulations",
|
| 183 |
-
"text": "7.1 A member of a police force is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the member engages or attempts to engage in conduct referred to in any of those provisions and\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 184 |
"history": "SOR/2005-72, s. 5",
|
| 185 |
"last_amended": "2006-03-22",
|
| 186 |
"in_force": "2006-03-22",
|
| 187 |
"status": "in force",
|
| 188 |
"current_to": "2026-03-31",
|
| 189 |
-
"
|
| 190 |
-
"
|
|
|
|
|
|
|
| 191 |
},
|
| 192 |
{
|
| 193 |
-
"id": "SOR-97-234-s7.2",
|
| 194 |
"act_code": "SOR-97-234",
|
| 195 |
"act_short": "CDSA Police Enforcement Regs",
|
| 196 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -199,17 +198,17 @@
|
|
| 199 |
"part": "",
|
| 200 |
"division": "",
|
| 201 |
"heading": "Provisions of the Precursor Control Regulations",
|
| 202 |
-
"text": "7.2 A person is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the person engages or attempts to engage in conduct referred to in any of those provisions and the person acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 7.1(a) and (b).",
|
| 203 |
"history": "SOR/2005-72, s. 5",
|
| 204 |
"last_amended": "2006-03-22",
|
| 205 |
"in_force": "2006-03-22",
|
| 206 |
"status": "in force",
|
| 207 |
"current_to": "2026-03-31",
|
| 208 |
-
"
|
| 209 |
-
"
|
|
|
|
|
|
|
| 210 |
},
|
| 211 |
{
|
| 212 |
-
"id": "SOR-97-234-s8",
|
| 213 |
"act_code": "SOR-97-234",
|
| 214 |
"act_short": "CDSA Police Enforcement Regs",
|
| 215 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -218,17 +217,17 @@
|
|
| 218 |
"part": "",
|
| 219 |
"division": "",
|
| 220 |
"heading": "Section 5 of the Act — Trafficking",
|
| 221 |
-
"text": "8\n(1) Subject to section 15, a member of a police force is exempt from the application of section 5 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding six months for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 222 |
"history": "SOR/2005-72, s. 17(F)",
|
| 223 |
"last_amended": "2006-03-22",
|
| 224 |
"in_force": "2006-03-22",
|
| 225 |
"status": "in force",
|
| 226 |
"current_to": "2026-03-31",
|
| 227 |
-
"
|
| 228 |
-
"
|
|
|
|
|
|
|
| 229 |
},
|
| 230 |
{
|
| 231 |
-
"id": "SOR-97-234-s9",
|
| 232 |
"act_code": "SOR-97-234",
|
| 233 |
"act_short": "CDSA Police Enforcement Regs",
|
| 234 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -237,17 +236,17 @@
|
|
| 237 |
"part": "",
|
| 238 |
"division": "",
|
| 239 |
"heading": "Section 5 of the Act — Trafficking",
|
| 240 |
-
"text": "9 Subject to section 16, a person is exempt from the application of section 5 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 8(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 241 |
"history": "SOR/2005-72, s. 6",
|
| 242 |
"last_amended": "2006-03-22",
|
| 243 |
"in_force": "2006-03-22",
|
| 244 |
"status": "in force",
|
| 245 |
"current_to": "2026-03-31",
|
| 246 |
-
"
|
| 247 |
-
"
|
|
|
|
|
|
|
| 248 |
},
|
| 249 |
{
|
| 250 |
-
"id": "SOR-97-234-s10",
|
| 251 |
"act_code": "SOR-97-234",
|
| 252 |
"act_short": "CDSA Police Enforcement Regs",
|
| 253 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -256,17 +255,17 @@
|
|
| 256 |
"part": "",
|
| 257 |
"division": "",
|
| 258 |
"heading": "Section 6 of the Act — Importation or Exportation",
|
| 259 |
-
"text": "10 For the purposes of subsection 11(1) and section 12, a substance requested of and obtained directly from a foreign state does not include a substance that has, for the purpose of identifying any person involved in the commission of an offence under the Act or any other Act of Parliament or a conspiracy to commit such an offence, been allowed to pass out of or through a foreign state, with the knowledge and under the supervision of that state's competent authorities.",
|
| 260 |
"history": "SOR/2005-72, s. 7",
|
| 261 |
"last_amended": "2006-03-22",
|
| 262 |
"in_force": "2006-03-22",
|
| 263 |
"status": "in force",
|
| 264 |
"current_to": "2026-03-31",
|
| 265 |
-
"
|
| 266 |
-
"
|
|
|
|
|
|
|
| 267 |
},
|
| 268 |
{
|
| 269 |
-
"id": "SOR-97-234-s11",
|
| 270 |
"act_code": "SOR-97-234",
|
| 271 |
"act_short": "CDSA Police Enforcement Regs",
|
| 272 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -275,17 +274,17 @@
|
|
| 275 |
"part": "",
|
| 276 |
"division": "",
|
| 277 |
"heading": "Section 6 of the Act — Importation or Exportation",
|
| 278 |
-
"text": "11\n(1) A member of a police force is exempt from the application of section 6 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The Assistant Commissioner of the RCMP in charge of drug enforcement may issue a certificate for a period not exceeding six months for the purposes of subsection (1) where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation in which the RCMP participates.",
|
| 279 |
"history": "SOR/2005-72, ss. 16(F), 17(F)",
|
| 280 |
"last_amended": "2006-03-22",
|
| 281 |
"in_force": "2006-03-22",
|
| 282 |
"status": "in force",
|
| 283 |
"current_to": "2026-03-31",
|
| 284 |
-
"
|
| 285 |
-
"
|
|
|
|
|
|
|
| 286 |
},
|
| 287 |
{
|
| 288 |
-
"id": "SOR-97-234-s12",
|
| 289 |
"act_code": "SOR-97-234",
|
| 290 |
"act_short": "CDSA Police Enforcement Regs",
|
| 291 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -294,17 +293,17 @@
|
|
| 294 |
"part": "",
|
| 295 |
"division": "",
|
| 296 |
"heading": "Section 6 of the Act — Importation or Exportation",
|
| 297 |
-
"text": "12 A person is exempt from the application of section 6 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 11(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 298 |
"history": "SOR/2005-72, s. 8",
|
| 299 |
"last_amended": "2006-03-22",
|
| 300 |
"in_force": "2006-03-22",
|
| 301 |
"status": "in force",
|
| 302 |
"current_to": "2026-03-31",
|
| 303 |
-
"
|
| 304 |
-
"
|
|
|
|
|
|
|
| 305 |
},
|
| 306 |
{
|
| 307 |
-
"id": "SOR-97-234-s13",
|
| 308 |
"act_code": "SOR-97-234",
|
| 309 |
"act_short": "CDSA Police Enforcement Regs",
|
| 310 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -313,17 +312,17 @@
|
|
| 313 |
"part": "",
|
| 314 |
"division": "",
|
| 315 |
"heading": "Section 7 of the Act — Production",
|
| 316 |
-
"text": "13\n(1) Subject to section 15, a member of a police force is exempt from the application of section 7 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding one year for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 317 |
"history": "SOR/2005-72, s. 17(F)",
|
| 318 |
"last_amended": "2006-03-22",
|
| 319 |
"in_force": "2006-03-22",
|
| 320 |
"status": "in force",
|
| 321 |
"current_to": "2026-03-31",
|
| 322 |
-
"
|
| 323 |
-
"
|
|
|
|
|
|
|
| 324 |
},
|
| 325 |
{
|
| 326 |
-
"id": "SOR-97-234-s14",
|
| 327 |
"act_code": "SOR-97-234",
|
| 328 |
"act_short": "CDSA Police Enforcement Regs",
|
| 329 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -332,17 +331,17 @@
|
|
| 332 |
"part": "",
|
| 333 |
"division": "",
|
| 334 |
"heading": "Section 7 of the Act — Production",
|
| 335 |
-
"text": "14 Subject to section 16, a person is exempt from the application of section 7 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 13(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 336 |
"history": "SOR/2007-228, s. 1",
|
| 337 |
"last_amended": "2007-10-25",
|
| 338 |
"in_force": "2007-10-25",
|
| 339 |
"status": "in force",
|
| 340 |
"current_to": "2026-03-31",
|
| 341 |
-
"
|
| 342 |
-
"
|
|
|
|
|
|
|
| 343 |
},
|
| 344 |
{
|
| 345 |
-
"id": "SOR-97-234-s15",
|
| 346 |
"act_code": "SOR-97-234",
|
| 347 |
"act_short": "CDSA Police Enforcement Regs",
|
| 348 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -351,17 +350,17 @@
|
|
| 351 |
"part": "",
|
| 352 |
"division": "",
|
| 353 |
"heading": "Section 5 or 7 of the Act in Respect of Offering to Engage",
|
| 354 |
-
"text": "15 A member of a police force who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 355 |
"history": "SOR/2005-72, ss. 9(F), 17(F)",
|
| 356 |
"last_amended": "2006-03-22",
|
| 357 |
"in_force": "2006-03-22",
|
| 358 |
"status": "in force",
|
| 359 |
"current_to": "2026-03-31",
|
| 360 |
-
"
|
| 361 |
-
"
|
|
|
|
|
|
|
| 362 |
},
|
| 363 |
{
|
| 364 |
-
"id": "SOR-97-234-s16",
|
| 365 |
"act_code": "SOR-97-234",
|
| 366 |
"act_short": "CDSA Police Enforcement Regs",
|
| 367 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -370,17 +369,17 @@
|
|
| 370 |
"part": "",
|
| 371 |
"division": "",
|
| 372 |
"heading": "Section 5 or 7 of the Act in Respect of Offering to Engage",
|
| 373 |
-
"text": "16 A person who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 15(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 374 |
"history": "SOR/2005-72, s. 10",
|
| 375 |
"last_amended": "2006-03-22",
|
| 376 |
"in_force": "2006-03-22",
|
| 377 |
"status": "in force",
|
| 378 |
"current_to": "2026-03-31",
|
| 379 |
-
"
|
| 380 |
-
"
|
|
|
|
|
|
|
| 381 |
},
|
| 382 |
{
|
| 383 |
-
"id": "SOR-97-234-s17",
|
| 384 |
"act_code": "SOR-97-234",
|
| 385 |
"act_short": "CDSA Police Enforcement Regs",
|
| 386 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -389,17 +388,17 @@
|
|
| 389 |
"part": "",
|
| 390 |
"division": "",
|
| 391 |
"heading": "Certificate",
|
| 392 |
-
"text": "17 A certificate issued under section 8, 11 or 13 shall identify the member of the police force to which it applies, the duration of the exemption and the particular investigation to which it relates.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2006-03-22",
|
| 395 |
"in_force": "2006-03-22",
|
| 396 |
"status": "in force",
|
| 397 |
"current_to": "2026-03-31",
|
| 398 |
-
"
|
| 399 |
-
"
|
|
|
|
|
|
|
| 400 |
},
|
| 401 |
{
|
| 402 |
-
"id": "SOR-97-234-s18",
|
| 403 |
"act_code": "SOR-97-234",
|
| 404 |
"act_short": "CDSA Police Enforcement Regs",
|
| 405 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -408,17 +407,17 @@
|
|
| 408 |
"part": "",
|
| 409 |
"division": "",
|
| 410 |
"heading": "Revocation of Certificate",
|
| 411 |
-
"text": "18\n(1) A certificate issued under section 8, 11 or 13 is revoked on the earliest of\n(a) the date on which the appropriate police officer who issued the certificate revokes it,\n(b) the date on which the member to whom it was issued is no longer an active member of the police force,\n(c) the date on which the member to whom it was issued is no longer acting in the course of the member’s responsibilities for the purposes of the particular investigation to which the certificate relates,\n(d) the date on which the particular investigation to which the certificate relates has been completed, or\n(e) the date on which the certificate expires.\n(2) [Notice] The appropriate police officer shall notify the member to whom a certificate was issued of the revocation on the day on which the certificate is revoked pursuant to paragraph (1)(a), (c) or (d).",
|
| 412 |
"history": "SOR/2005-72, s. 17(F)",
|
| 413 |
"last_amended": "2006-03-22",
|
| 414 |
"in_force": "2006-03-22",
|
| 415 |
"status": "in force",
|
| 416 |
"current_to": "2026-03-31",
|
| 417 |
-
"
|
| 418 |
-
"
|
|
|
|
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|
| 419 |
},
|
| 420 |
{
|
| 421 |
-
"id": "SOR-97-234-s18.1 and 18.2",
|
| 422 |
"act_code": "SOR-97-234",
|
| 423 |
"act_short": "CDSA Police Enforcement Regs",
|
| 424 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -427,17 +426,17 @@
|
|
| 427 |
"part": "",
|
| 428 |
"division": "",
|
| 429 |
"heading": "Other General Exemptions",
|
| 430 |
-
"text": "18.1 and 18.2 [Repealed, SOR/2005-72, s. 11]",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2006-03-22",
|
| 433 |
"in_force": "2006-03-22",
|
| 434 |
"status": "repealed",
|
| 435 |
"current_to": "2026-03-31",
|
| 436 |
-
"
|
| 437 |
-
"
|
|
|
|
|
|
|
| 438 |
},
|
| 439 |
{
|
| 440 |
-
"id": "SOR-97-234-s19",
|
| 441 |
"act_code": "SOR-97-234",
|
| 442 |
"act_short": "CDSA Police Enforcement Regs",
|
| 443 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -446,17 +445,17 @@
|
|
| 446 |
"part": "",
|
| 447 |
"division": "",
|
| 448 |
"heading": "Other General Exemptions",
|
| 449 |
-
"text": "19 A member of a police force is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the member\n(a) is an active member of the police force;\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 450 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 12, 17(F)",
|
| 451 |
"last_amended": "2006-03-22",
|
| 452 |
"in_force": "2006-03-22",
|
| 453 |
"status": "in force",
|
| 454 |
"current_to": "2026-03-31",
|
| 455 |
-
"
|
| 456 |
-
"
|
|
|
|
|
|
|
| 457 |
},
|
| 458 |
{
|
| 459 |
-
"id": "SOR-97-234-s20",
|
| 460 |
"act_code": "SOR-97-234",
|
| 461 |
"act_short": "CDSA Police Enforcement Regs",
|
| 462 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -465,17 +464,17 @@
|
|
| 465 |
"part": "",
|
| 466 |
"division": "",
|
| 467 |
"heading": "Other General Exemptions",
|
| 468 |
-
"text": "20 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the person\n(a) acts under the direction and control of a member of a police force who\n(i) is an active member of the police force, and\n(ii) is acting in the course of the member’s responsibilities for the purposes of a particular investigation;\n(b) acts to assist the member in the course of the particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 469 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 13, 17(F)",
|
| 470 |
"last_amended": "2006-03-22",
|
| 471 |
"in_force": "2006-03-22",
|
| 472 |
"status": "in force",
|
| 473 |
"current_to": "2026-03-31",
|
| 474 |
-
"
|
| 475 |
-
"
|
|
|
|
|
|
|
| 476 |
},
|
| 477 |
{
|
| 478 |
-
"id": "SOR-97-234-s21",
|
| 479 |
"act_code": "SOR-97-234",
|
| 480 |
"act_short": "CDSA Police Enforcement Regs",
|
| 481 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -484,17 +483,36 @@
|
|
| 484 |
"part": "",
|
| 485 |
"division": "",
|
| 486 |
"heading": "Detention of Forfeited Substances",
|
| 487 |
-
"text": "21\n(1) The chief or appropriate officer shall, as soon as practicable but not later than 60 days after a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized, where the controlled substance or precursor is required for the purposes of conducting investigations under the Act or any other Act of Parliament, inform the Minister in writing of that requirement.\n(2) [Secure location] Every controlled substance or precursor referred to in subsection (1) shall be kept in a secure location while not being used for the purposes of conducting investigations under the Act or any other Act of Parliament.\n(3) [Transfer] The chief or appropriate police officer of a police force is exempt from the application of section 5 of the Act if that person transfers any controlled substance or precursor referred to in subsection (1) to the chief or appropriate police officer of another police force and if the chief or appropriate police officer of that other police force requests the transfer for the purposes of a particular investigation.\n(4) [Inform Minister] Where a transfer is conducted pursuant to subsection (3), the chief or appropriate police officer who\n(a) makes the transfer shall inform the Minister of the transfer, as soon as practicable after the request for the transfer has been received; and\n(b) receives the controlled substance or precursor shall inform the Minister of its receipt, as soon as practicable after the receipt.\n(5) [Directions] If a controlled substance or precursor referred to in subsection (1) is no longer required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall seek the directions of the Minister and dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.\n(6) [Substances not required] If a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized and is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall, as soon as practicable,\n(a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the controlled substance or precursor, unless the Minister has previously given such directions; and\n(b) dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.",
|
| 488 |
"history": "SOR/2005-72, s. 14",
|
| 489 |
"last_amended": "2006-03-22",
|
| 490 |
"in_force": "2006-03-22",
|
| 491 |
"status": "in force",
|
| 492 |
"current_to": "2026-03-31",
|
| 493 |
-
"
|
| 494 |
-
"
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 495 |
},
|
| 496 |
{
|
| 497 |
-
"id": "SOR-97-234-s22",
|
| 498 |
"act_code": "SOR-97-234",
|
| 499 |
"act_short": "CDSA Police Enforcement Regs",
|
| 500 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -503,17 +521,17 @@
|
|
| 503 |
"part": "",
|
| 504 |
"division": "",
|
| 505 |
"heading": "Reports",
|
| 506 |
-
"text": "22\n(1) The chief or appropriate police officer shall submit to the Minister of Public Safety and Emergency Preparedness and to the Minister, within three months after the end of every calendar year, a report in written or electronic format containing the information set out in subsection (3), in respect of each of the following controlled substances or precursors that came into the possession of the police force in the course of a particular investigation completed during the calendar year, namely,\n(a) a controlled substance or precursor imported or exported in accordance with section 11;\n(b) a controlled substance produced in accordance with section 13; and\n(c) a forfeited controlled substance or precursor referred to in section 21.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall indicate the name and total quantity of each controlled substance or precursor and the quantity, in respect of each controlled substance or precursor, that was forfeited, imported, exported, produced or destroyed, as applicable.\n(4) [Additional report] The chief or appropriate police officer of a police force shall also submit, on request, a report in written or electronic format to the Minister respecting the controlled substances or precursors referred to in subsection (1) as required for the following purposes:\n(a) to ensure the protection of the public against potential public health risks caused by the potential misuse or diversion of those substances;\n(b) to collect data required for studies and research;\n(c) to meet international obligations of the Government of Canada; and\n(d) for compliance with these Regulations.",
|
| 507 |
"history": "SOR/2022-174, s. 5",
|
| 508 |
"last_amended": "2022-07-15",
|
| 509 |
"in_force": "2006-03-22",
|
| 510 |
"status": "in force",
|
| 511 |
"current_to": "2026-03-31",
|
| 512 |
-
"
|
| 513 |
-
"
|
|
|
|
|
|
|
| 514 |
},
|
| 515 |
{
|
| 516 |
-
"id": "SOR-97-234-s23",
|
| 517 |
"act_code": "SOR-97-234",
|
| 518 |
"act_short": "CDSA Police Enforcement Regs",
|
| 519 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -522,17 +540,17 @@
|
|
| 522 |
"part": "",
|
| 523 |
"division": "",
|
| 524 |
"heading": "Reports",
|
| 525 |
-
"text": "23\n(1) The chief or appropriate police officer shall submit a report in written or electronic format to the Minister of Public Safety and Emergency Preparedness and the Minister containing the information required by subsection (3), respecting every controlled substance or precursor referred to in subsection 21(1) that is lost, stolen or otherwise no longer in the possession of the police force, as soon as practicable after the substance is lost, stolen or no longer in the possession of the police force.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall include the following information:\n(a) the name and quantity of each controlled substance or precursor;\n(b) the date of forfeiture, importation or exportation of each controlled substance or precursor, or the production of each controlled substance, as applicable; and\n(c) the date on which and an explanation of the circumstances in which the controlled substance or precursor was lost or stolen or ceased to be in the possession of the police force.",
|
| 526 |
"history": "SOR/2005-72, s. 15; SOR/2022-174, s. 5",
|
| 527 |
"last_amended": "2022-07-15",
|
| 528 |
"in_force": "2006-03-22",
|
| 529 |
"status": "in force",
|
| 530 |
"current_to": "2026-03-31",
|
| 531 |
-
"
|
| 532 |
-
"
|
|
|
|
|
|
|
| 533 |
},
|
| 534 |
{
|
| 535 |
-
"id": "SOR-97-234-s24",
|
| 536 |
"act_code": "SOR-97-234",
|
| 537 |
"act_short": "CDSA Police Enforcement Regs",
|
| 538 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -541,17 +559,17 @@
|
|
| 541 |
"part": "",
|
| 542 |
"division": "",
|
| 543 |
"heading": "Transitional Provision",
|
| 544 |
-
"text": "24 These Regulations apply in respect of every controlled substance or precursor that was forfeited to Her Majesty before the coming into force of these Regulations and that is in the possession of a police force, except that, in respect of subsection 21(1), the reference to 60 days shall be read as a reference to 120 days after the coming into force of these Regulations.",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2006-03-22",
|
| 547 |
"in_force": "2006-03-22",
|
| 548 |
"status": "in force",
|
| 549 |
"current_to": "2026-03-31",
|
| 550 |
-
"
|
| 551 |
-
"
|
|
|
|
|
|
|
| 552 |
},
|
| 553 |
{
|
| 554 |
-
"id": "SOR-97-234-s*25",
|
| 555 |
"act_code": "SOR-97-234",
|
| 556 |
"act_short": "CDSA Police Enforcement Regs",
|
| 557 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
@@ -560,13 +578,14 @@
|
|
| 560 |
"part": "",
|
| 561 |
"division": "",
|
| 562 |
"heading": "Coming into Force",
|
| 563 |
-
"text": "*25 These Regulations come into force on the date on which the Controlled Drugs and Substances Act comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 564 |
"history": "",
|
| 565 |
"last_amended": "2006-03-22",
|
| 566 |
"in_force": "2006-03-22",
|
| 567 |
"status": "in force",
|
| 568 |
"current_to": "2026-03-31",
|
| 569 |
-
"
|
| 570 |
-
"
|
|
|
|
|
|
|
| 571 |
}
|
| 572 |
]
|
|
|
|
| 1 |
[
|
| 2 |
{
|
|
|
|
| 3 |
"act_code": "SOR-97-234",
|
| 4 |
"act_short": "CDSA Police Enforcement Regs",
|
| 5 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 8 |
"part": "",
|
| 9 |
"division": "",
|
| 10 |
"heading": "Interpretation",
|
|
|
|
| 11 |
"history": "SOR/2005-72, ss. 1, 16(F)",
|
| 12 |
"last_amended": "2006-03-22",
|
| 13 |
"in_force": "2006-03-22",
|
| 14 |
"status": "in force",
|
| 15 |
"current_to": "2026-03-31",
|
| 16 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-1.html",
|
| 17 |
+
"id": "SOR-97-234-s1",
|
| 18 |
+
"text": "1 The definitions in this section apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nappropriate police officer means\n(a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement; and\n(b) in the case of any other police force, the member of the police force who is the most senior officer responsible for operations. (agent de police compétent)\nchief means, in respect of a police force other than the RCMP, the senior police officer in charge of the police force. (chef)\nparticular investigation means a primary investigation conducted under the Act or any other Act of Parliament and includes any investigation that arises from the primary investigation. (enquête particulière). (enquête particulière)\npolice force means a police force that is designated pursuant to section 2. (corps policier)\nproceeding means a preliminary inquiry, trial or other proceeding under the Act or any other Act of Parliament. (procédure)\nprovincial minister means the provincial minister responsible for policing in a province. (ministre provincial)\nRCMP means the Royal Canadian Mounted Police. (GRC)",
|
| 19 |
+
"citation": "CDSA Police Enforcement Regs, s. 1"
|
| 20 |
},
|
| 21 |
{
|
|
|
|
| 22 |
"act_code": "SOR-97-234",
|
| 23 |
"act_short": "CDSA Police Enforcement Regs",
|
| 24 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 27 |
"part": "",
|
| 28 |
"division": "",
|
| 29 |
"heading": "Designations of Police Forces",
|
|
|
|
| 30 |
"history": "SOR/2022-174, s. 1",
|
| 31 |
"last_amended": "2022-07-15",
|
| 32 |
"in_force": "2022-07-15",
|
| 33 |
"status": "in force",
|
| 34 |
"current_to": "2026-03-31",
|
| 35 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-2.html",
|
| 36 |
+
"id": "SOR-97-234-s2",
|
| 37 |
+
"text": "2 The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of that Minister or the provincial minister for the purposes of these Regulations or any of its provisions.",
|
| 38 |
+
"citation": "CDSA Police Enforcement Regs, s. 2"
|
| 39 |
},
|
| 40 |
{
|
|
|
|
| 41 |
"act_code": "SOR-97-234",
|
| 42 |
"act_short": "CDSA Police Enforcement Regs",
|
| 43 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 46 |
"part": "",
|
| 47 |
"division": "",
|
| 48 |
"heading": "Sections 5 to 7.1 of the Act",
|
|
|
|
| 49 |
"history": "SOR/2005-72, s. 17(F); SOR/2022-174, s. 3",
|
| 50 |
"last_amended": "2022-07-15",
|
| 51 |
"in_force": "2006-03-22",
|
| 52 |
"status": "in force",
|
| 53 |
"current_to": "2026-03-31",
|
| 54 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-3.html",
|
| 55 |
+
"id": "SOR-97-234-s3",
|
| 56 |
+
"text": "3 A member of a police force is exempt from the application of any of sections 5 to 7.1 of the Act if the member engages or attempts to engage in conduct referred to in any of those sections that involves a substance other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the member has come into possession during a particular investigation, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation.",
|
| 57 |
+
"citation": "CDSA Police Enforcement Regs, s. 3"
|
| 58 |
},
|
| 59 |
{
|
|
|
|
| 60 |
"act_code": "SOR-97-234",
|
| 61 |
"act_short": "CDSA Police Enforcement Regs",
|
| 62 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 65 |
"part": "",
|
| 66 |
"division": "",
|
| 67 |
"heading": "Sections 5 to 7.1 of the Act",
|
|
|
|
| 68 |
"history": "SOR/2005-72, s. 2; SOR/2022-174, s. 4",
|
| 69 |
"last_amended": "2022-07-15",
|
| 70 |
"in_force": "2006-03-22",
|
| 71 |
"status": "in force",
|
| 72 |
"current_to": "2026-03-31",
|
| 73 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-4.html",
|
| 74 |
+
"id": "SOR-97-234-s4",
|
| 75 |
+
"text": "4 A person is exempt from the application of any of section 5 to 7.1 of the Act if the person engages or attempts to engage in conduct referred to in any of those sections that involves a substance, other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the person has come into possession, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 3(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 76 |
+
"citation": "CDSA Police Enforcement Regs, s. 4"
|
| 77 |
},
|
| 78 |
{
|
|
|
|
| 79 |
"act_code": "SOR-97-234",
|
| 80 |
"act_short": "CDSA Police Enforcement Regs",
|
| 81 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 84 |
"part": "",
|
| 85 |
"division": "",
|
| 86 |
"heading": "Sections 5 to 7.1 of the Act",
|
|
|
|
| 87 |
"history": "SOR/2005-72, s. 3",
|
| 88 |
"last_amended": "2006-03-22",
|
| 89 |
"in_force": "2006-03-22",
|
| 90 |
"status": "in force",
|
| 91 |
"current_to": "2026-03-31",
|
| 92 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.html",
|
| 93 |
+
"id": "SOR-97-234-s5",
|
| 94 |
+
"text": "5 A member who is exempt, under section 3 of these Regulations, from the application of section 6 of the Act shall notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of a substance by the member in accordance with section 3 of these Regulations, or by a person under the member's direction or control pursuant to section 4 of these Regulations, before the substance is imported or exported or, if it is not practicable to do so before the substance is imported or exported, as soon as practicable after that time.",
|
| 95 |
+
"citation": "CDSA Police Enforcement Regs, s. 5"
|
| 96 |
},
|
| 97 |
{
|
|
|
|
| 98 |
"act_code": "SOR-97-234",
|
| 99 |
"act_short": "CDSA Police Enforcement Regs",
|
| 100 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 103 |
"part": "",
|
| 104 |
"division": "",
|
| 105 |
"heading": "Section 5 of the Act — Holding Out",
|
|
|
|
| 106 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 107 |
"last_amended": "2026-03-26",
|
| 108 |
"in_force": "2006-03-22",
|
| 109 |
"status": "in force",
|
| 110 |
"current_to": "2026-03-31",
|
| 111 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.1.html",
|
| 112 |
+
"id": "SOR-97-234-s5.1",
|
| 113 |
+
"text": "5.1 A member of a police force who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 114 |
+
"citation": "CDSA Police Enforcement Regs, s. 5.1"
|
| 115 |
},
|
| 116 |
{
|
|
|
|
| 117 |
"act_code": "SOR-97-234",
|
| 118 |
"act_short": "CDSA Police Enforcement Regs",
|
| 119 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 122 |
"part": "",
|
| 123 |
"division": "",
|
| 124 |
"heading": "Section 5 of the Act — Holding Out",
|
|
|
|
| 125 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 126 |
"last_amended": "2026-03-26",
|
| 127 |
"in_force": "2006-03-22",
|
| 128 |
"status": "in force",
|
| 129 |
"current_to": "2026-03-31",
|
| 130 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.2.html",
|
| 131 |
+
"id": "SOR-97-234-s5.2",
|
| 132 |
+
"text": "5.2 A person who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 5.1(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 133 |
+
"citation": "CDSA Police Enforcement Regs, s. 5.2"
|
| 134 |
},
|
| 135 |
{
|
|
|
|
| 136 |
"act_code": "SOR-97-234",
|
| 137 |
"act_short": "CDSA Police Enforcement Regs",
|
| 138 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 141 |
"part": "",
|
| 142 |
"division": "",
|
| 143 |
"heading": "Subsection 4(2) of the Act",
|
|
|
|
| 144 |
"history": "SOR/2005-72, s. 17(F)",
|
| 145 |
"last_amended": "2006-03-22",
|
| 146 |
"in_force": "2006-03-22",
|
| 147 |
"status": "in force",
|
| 148 |
"current_to": "2026-03-31",
|
| 149 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-6.html",
|
| 150 |
+
"id": "SOR-97-234-s6",
|
| 151 |
+
"text": "6 A member of a police force is exempt from the application of subsection 4(2) of the Act where the member engages or attempts to engage in conduct referred to in that subsection, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 152 |
+
"citation": "CDSA Police Enforcement Regs, s. 6"
|
| 153 |
},
|
| 154 |
{
|
|
|
|
| 155 |
"act_code": "SOR-97-234",
|
| 156 |
"act_short": "CDSA Police Enforcement Regs",
|
| 157 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 160 |
"part": "",
|
| 161 |
"division": "",
|
| 162 |
"heading": "Subsection 4(2) of the Act",
|
|
|
|
| 163 |
"history": "SOR/2005-72, s. 4",
|
| 164 |
"last_amended": "2006-03-22",
|
| 165 |
"in_force": "2006-03-22",
|
| 166 |
"status": "in force",
|
| 167 |
"current_to": "2026-03-31",
|
| 168 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.html",
|
| 169 |
+
"id": "SOR-97-234-s7",
|
| 170 |
+
"text": "7 A person is exempt from the application of subsection 4(2) of the Act where the person engages or attempts to engage in conduct referred to in that subsection, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 6(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 171 |
+
"citation": "CDSA Police Enforcement Regs, s. 7"
|
| 172 |
},
|
| 173 |
{
|
|
|
|
| 174 |
"act_code": "SOR-97-234",
|
| 175 |
"act_short": "CDSA Police Enforcement Regs",
|
| 176 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 179 |
"part": "",
|
| 180 |
"division": "",
|
| 181 |
"heading": "Provisions of the Precursor Control Regulations",
|
|
|
|
| 182 |
"history": "SOR/2005-72, s. 5",
|
| 183 |
"last_amended": "2006-03-22",
|
| 184 |
"in_force": "2006-03-22",
|
| 185 |
"status": "in force",
|
| 186 |
"current_to": "2026-03-31",
|
| 187 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.1.html",
|
| 188 |
+
"id": "SOR-97-234-s7.1",
|
| 189 |
+
"text": "7.1 A member of a police force is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the member engages or attempts to engage in conduct referred to in any of those provisions and\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 190 |
+
"citation": "CDSA Police Enforcement Regs, s. 7.1"
|
| 191 |
},
|
| 192 |
{
|
|
|
|
| 193 |
"act_code": "SOR-97-234",
|
| 194 |
"act_short": "CDSA Police Enforcement Regs",
|
| 195 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 198 |
"part": "",
|
| 199 |
"division": "",
|
| 200 |
"heading": "Provisions of the Precursor Control Regulations",
|
|
|
|
| 201 |
"history": "SOR/2005-72, s. 5",
|
| 202 |
"last_amended": "2006-03-22",
|
| 203 |
"in_force": "2006-03-22",
|
| 204 |
"status": "in force",
|
| 205 |
"current_to": "2026-03-31",
|
| 206 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.2.html",
|
| 207 |
+
"id": "SOR-97-234-s7.2",
|
| 208 |
+
"text": "7.2 A person is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the person engages or attempts to engage in conduct referred to in any of those provisions and the person acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 7.1(a) and (b).",
|
| 209 |
+
"citation": "CDSA Police Enforcement Regs, s. 7.2"
|
| 210 |
},
|
| 211 |
{
|
|
|
|
| 212 |
"act_code": "SOR-97-234",
|
| 213 |
"act_short": "CDSA Police Enforcement Regs",
|
| 214 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 217 |
"part": "",
|
| 218 |
"division": "",
|
| 219 |
"heading": "Section 5 of the Act — Trafficking",
|
|
|
|
| 220 |
"history": "SOR/2005-72, s. 17(F)",
|
| 221 |
"last_amended": "2006-03-22",
|
| 222 |
"in_force": "2006-03-22",
|
| 223 |
"status": "in force",
|
| 224 |
"current_to": "2026-03-31",
|
| 225 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-8.html",
|
| 226 |
+
"id": "SOR-97-234-s8",
|
| 227 |
+
"text": "8\n(1) Subject to section 15, a member of a police force is exempt from the application of section 5 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding six months for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 228 |
+
"citation": "CDSA Police Enforcement Regs, s. 8"
|
| 229 |
},
|
| 230 |
{
|
|
|
|
| 231 |
"act_code": "SOR-97-234",
|
| 232 |
"act_short": "CDSA Police Enforcement Regs",
|
| 233 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 236 |
"part": "",
|
| 237 |
"division": "",
|
| 238 |
"heading": "Section 5 of the Act — Trafficking",
|
|
|
|
| 239 |
"history": "SOR/2005-72, s. 6",
|
| 240 |
"last_amended": "2006-03-22",
|
| 241 |
"in_force": "2006-03-22",
|
| 242 |
"status": "in force",
|
| 243 |
"current_to": "2026-03-31",
|
| 244 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-9.html",
|
| 245 |
+
"id": "SOR-97-234-s9",
|
| 246 |
+
"text": "9 Subject to section 16, a person is exempt from the application of section 5 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 8(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 247 |
+
"citation": "CDSA Police Enforcement Regs, s. 9"
|
| 248 |
},
|
| 249 |
{
|
|
|
|
| 250 |
"act_code": "SOR-97-234",
|
| 251 |
"act_short": "CDSA Police Enforcement Regs",
|
| 252 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 255 |
"part": "",
|
| 256 |
"division": "",
|
| 257 |
"heading": "Section 6 of the Act — Importation or Exportation",
|
|
|
|
| 258 |
"history": "SOR/2005-72, s. 7",
|
| 259 |
"last_amended": "2006-03-22",
|
| 260 |
"in_force": "2006-03-22",
|
| 261 |
"status": "in force",
|
| 262 |
"current_to": "2026-03-31",
|
| 263 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-10.html",
|
| 264 |
+
"id": "SOR-97-234-s10",
|
| 265 |
+
"text": "10 For the purposes of subsection 11(1) and section 12, a substance requested of and obtained directly from a foreign state does not include a substance that has, for the purpose of identifying any person involved in the commission of an offence under the Act or any other Act of Parliament or a conspiracy to commit such an offence, been allowed to pass out of or through a foreign state, with the knowledge and under the supervision of that state's competent authorities.",
|
| 266 |
+
"citation": "CDSA Police Enforcement Regs, s. 10"
|
| 267 |
},
|
| 268 |
{
|
|
|
|
| 269 |
"act_code": "SOR-97-234",
|
| 270 |
"act_short": "CDSA Police Enforcement Regs",
|
| 271 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 274 |
"part": "",
|
| 275 |
"division": "",
|
| 276 |
"heading": "Section 6 of the Act — Importation or Exportation",
|
|
|
|
| 277 |
"history": "SOR/2005-72, ss. 16(F), 17(F)",
|
| 278 |
"last_amended": "2006-03-22",
|
| 279 |
"in_force": "2006-03-22",
|
| 280 |
"status": "in force",
|
| 281 |
"current_to": "2026-03-31",
|
| 282 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-11.html",
|
| 283 |
+
"id": "SOR-97-234-s11",
|
| 284 |
+
"text": "11\n(1) A member of a police force is exempt from the application of section 6 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The Assistant Commissioner of the RCMP in charge of drug enforcement may issue a certificate for a period not exceeding six months for the purposes of subsection (1) where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation in which the RCMP participates.",
|
| 285 |
+
"citation": "CDSA Police Enforcement Regs, s. 11"
|
| 286 |
},
|
| 287 |
{
|
|
|
|
| 288 |
"act_code": "SOR-97-234",
|
| 289 |
"act_short": "CDSA Police Enforcement Regs",
|
| 290 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 293 |
"part": "",
|
| 294 |
"division": "",
|
| 295 |
"heading": "Section 6 of the Act — Importation or Exportation",
|
|
|
|
| 296 |
"history": "SOR/2005-72, s. 8",
|
| 297 |
"last_amended": "2006-03-22",
|
| 298 |
"in_force": "2006-03-22",
|
| 299 |
"status": "in force",
|
| 300 |
"current_to": "2026-03-31",
|
| 301 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-12.html",
|
| 302 |
+
"id": "SOR-97-234-s12",
|
| 303 |
+
"text": "12 A person is exempt from the application of section 6 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 11(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 304 |
+
"citation": "CDSA Police Enforcement Regs, s. 12"
|
| 305 |
},
|
| 306 |
{
|
|
|
|
| 307 |
"act_code": "SOR-97-234",
|
| 308 |
"act_short": "CDSA Police Enforcement Regs",
|
| 309 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 312 |
"part": "",
|
| 313 |
"division": "",
|
| 314 |
"heading": "Section 7 of the Act — Production",
|
|
|
|
| 315 |
"history": "SOR/2005-72, s. 17(F)",
|
| 316 |
"last_amended": "2006-03-22",
|
| 317 |
"in_force": "2006-03-22",
|
| 318 |
"status": "in force",
|
| 319 |
"current_to": "2026-03-31",
|
| 320 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-13.html",
|
| 321 |
+
"id": "SOR-97-234-s13",
|
| 322 |
+
"text": "13\n(1) Subject to section 15, a member of a police force is exempt from the application of section 7 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding one year for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 323 |
+
"citation": "CDSA Police Enforcement Regs, s. 13"
|
| 324 |
},
|
| 325 |
{
|
|
|
|
| 326 |
"act_code": "SOR-97-234",
|
| 327 |
"act_short": "CDSA Police Enforcement Regs",
|
| 328 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 331 |
"part": "",
|
| 332 |
"division": "",
|
| 333 |
"heading": "Section 7 of the Act — Production",
|
|
|
|
| 334 |
"history": "SOR/2007-228, s. 1",
|
| 335 |
"last_amended": "2007-10-25",
|
| 336 |
"in_force": "2007-10-25",
|
| 337 |
"status": "in force",
|
| 338 |
"current_to": "2026-03-31",
|
| 339 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-14.html",
|
| 340 |
+
"id": "SOR-97-234-s14",
|
| 341 |
+
"text": "14 Subject to section 16, a person is exempt from the application of section 7 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 13(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 342 |
+
"citation": "CDSA Police Enforcement Regs, s. 14"
|
| 343 |
},
|
| 344 |
{
|
|
|
|
| 345 |
"act_code": "SOR-97-234",
|
| 346 |
"act_short": "CDSA Police Enforcement Regs",
|
| 347 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 350 |
"part": "",
|
| 351 |
"division": "",
|
| 352 |
"heading": "Section 5 or 7 of the Act in Respect of Offering to Engage",
|
|
|
|
| 353 |
"history": "SOR/2005-72, ss. 9(F), 17(F)",
|
| 354 |
"last_amended": "2006-03-22",
|
| 355 |
"in_force": "2006-03-22",
|
| 356 |
"status": "in force",
|
| 357 |
"current_to": "2026-03-31",
|
| 358 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-15.html",
|
| 359 |
+
"id": "SOR-97-234-s15",
|
| 360 |
+
"text": "15 A member of a police force who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 361 |
+
"citation": "CDSA Police Enforcement Regs, s. 15"
|
| 362 |
},
|
| 363 |
{
|
|
|
|
| 364 |
"act_code": "SOR-97-234",
|
| 365 |
"act_short": "CDSA Police Enforcement Regs",
|
| 366 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 369 |
"part": "",
|
| 370 |
"division": "",
|
| 371 |
"heading": "Section 5 or 7 of the Act in Respect of Offering to Engage",
|
|
|
|
| 372 |
"history": "SOR/2005-72, s. 10",
|
| 373 |
"last_amended": "2006-03-22",
|
| 374 |
"in_force": "2006-03-22",
|
| 375 |
"status": "in force",
|
| 376 |
"current_to": "2026-03-31",
|
| 377 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-16.html",
|
| 378 |
+
"id": "SOR-97-234-s16",
|
| 379 |
+
"text": "16 A person who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 15(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 380 |
+
"citation": "CDSA Police Enforcement Regs, s. 16"
|
| 381 |
},
|
| 382 |
{
|
|
|
|
| 383 |
"act_code": "SOR-97-234",
|
| 384 |
"act_short": "CDSA Police Enforcement Regs",
|
| 385 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 388 |
"part": "",
|
| 389 |
"division": "",
|
| 390 |
"heading": "Certificate",
|
|
|
|
| 391 |
"history": "",
|
| 392 |
"last_amended": "2006-03-22",
|
| 393 |
"in_force": "2006-03-22",
|
| 394 |
"status": "in force",
|
| 395 |
"current_to": "2026-03-31",
|
| 396 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-17.html",
|
| 397 |
+
"id": "SOR-97-234-s17",
|
| 398 |
+
"text": "17 A certificate issued under section 8, 11 or 13 shall identify the member of the police force to which it applies, the duration of the exemption and the particular investigation to which it relates.",
|
| 399 |
+
"citation": "CDSA Police Enforcement Regs, s. 17"
|
| 400 |
},
|
| 401 |
{
|
|
|
|
| 402 |
"act_code": "SOR-97-234",
|
| 403 |
"act_short": "CDSA Police Enforcement Regs",
|
| 404 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 407 |
"part": "",
|
| 408 |
"division": "",
|
| 409 |
"heading": "Revocation of Certificate",
|
|
|
|
| 410 |
"history": "SOR/2005-72, s. 17(F)",
|
| 411 |
"last_amended": "2006-03-22",
|
| 412 |
"in_force": "2006-03-22",
|
| 413 |
"status": "in force",
|
| 414 |
"current_to": "2026-03-31",
|
| 415 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-18.html",
|
| 416 |
+
"id": "SOR-97-234-s18",
|
| 417 |
+
"text": "18\n(1) A certificate issued under section 8, 11 or 13 is revoked on the earliest of\n(a) the date on which the appropriate police officer who issued the certificate revokes it,\n(b) the date on which the member to whom it was issued is no longer an active member of the police force,\n(c) the date on which the member to whom it was issued is no longer acting in the course of the member’s responsibilities for the purposes of the particular investigation to which the certificate relates,\n(d) the date on which the particular investigation to which the certificate relates has been completed, or\n(e) the date on which the certificate expires.\n(2) [Notice] The appropriate police officer shall notify the member to whom a certificate was issued of the revocation on the day on which the certificate is revoked pursuant to paragraph (1)(a), (c) or (d).",
|
| 418 |
+
"citation": "CDSA Police Enforcement Regs, s. 18"
|
| 419 |
},
|
| 420 |
{
|
|
|
|
| 421 |
"act_code": "SOR-97-234",
|
| 422 |
"act_short": "CDSA Police Enforcement Regs",
|
| 423 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 426 |
"part": "",
|
| 427 |
"division": "",
|
| 428 |
"heading": "Other General Exemptions",
|
|
|
|
| 429 |
"history": "",
|
| 430 |
"last_amended": "2006-03-22",
|
| 431 |
"in_force": "2006-03-22",
|
| 432 |
"status": "repealed",
|
| 433 |
"current_to": "2026-03-31",
|
| 434 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-18.1 and 18.2.html",
|
| 435 |
+
"id": "SOR-97-234-s18.1 and 18.2",
|
| 436 |
+
"text": "18.1 and 18.2 [Repealed, SOR/2005-72, s. 11]",
|
| 437 |
+
"citation": "CDSA Police Enforcement Regs, s. 18.1 and 18.2"
|
| 438 |
},
|
| 439 |
{
|
|
|
|
| 440 |
"act_code": "SOR-97-234",
|
| 441 |
"act_short": "CDSA Police Enforcement Regs",
|
| 442 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 445 |
"part": "",
|
| 446 |
"division": "",
|
| 447 |
"heading": "Other General Exemptions",
|
|
|
|
| 448 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 12, 17(F)",
|
| 449 |
"last_amended": "2006-03-22",
|
| 450 |
"in_force": "2006-03-22",
|
| 451 |
"status": "in force",
|
| 452 |
"current_to": "2026-03-31",
|
| 453 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-19.html",
|
| 454 |
+
"id": "SOR-97-234-s19",
|
| 455 |
+
"text": "19 A member of a police force is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the member\n(a) is an active member of the police force;\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 456 |
+
"citation": "CDSA Police Enforcement Regs, s. 19"
|
| 457 |
},
|
| 458 |
{
|
|
|
|
| 459 |
"act_code": "SOR-97-234",
|
| 460 |
"act_short": "CDSA Police Enforcement Regs",
|
| 461 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 464 |
"part": "",
|
| 465 |
"division": "",
|
| 466 |
"heading": "Other General Exemptions",
|
|
|
|
| 467 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 13, 17(F)",
|
| 468 |
"last_amended": "2006-03-22",
|
| 469 |
"in_force": "2006-03-22",
|
| 470 |
"status": "in force",
|
| 471 |
"current_to": "2026-03-31",
|
| 472 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-20.html",
|
| 473 |
+
"id": "SOR-97-234-s20",
|
| 474 |
+
"text": "20 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the person\n(a) acts under the direction and control of a member of a police force who\n(i) is an active member of the police force, and\n(ii) is acting in the course of the member’s responsibilities for the purposes of a particular investigation;\n(b) acts to assist the member in the course of the particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 475 |
+
"citation": "CDSA Police Enforcement Regs, s. 20"
|
| 476 |
},
|
| 477 |
{
|
|
|
|
| 478 |
"act_code": "SOR-97-234",
|
| 479 |
"act_short": "CDSA Police Enforcement Regs",
|
| 480 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 483 |
"part": "",
|
| 484 |
"division": "",
|
| 485 |
"heading": "Detention of Forfeited Substances",
|
|
|
|
| 486 |
"history": "SOR/2005-72, s. 14",
|
| 487 |
"last_amended": "2006-03-22",
|
| 488 |
"in_force": "2006-03-22",
|
| 489 |
"status": "in force",
|
| 490 |
"current_to": "2026-03-31",
|
| 491 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-21.html",
|
| 492 |
+
"id": "SOR-97-234-s21-p1",
|
| 493 |
+
"text": "21\n(1) The chief or appropriate officer shall, as soon as practicable but not later than 60 days after a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized, where the controlled substance or precursor is required for the purposes of conducting investigations under the Act or any other Act of Parliament, inform the Minister in writing of that requirement.\n(2) [Secure location] Every controlled substance or precursor referred to in subsection (1) shall be kept in a secure location while not being used for the purposes of conducting investigations under the Act or any other Act of Parliament.\n(3) [Transfer] The chief or appropriate police officer of a police force is exempt from the application of section 5 of the Act if that person transfers any controlled substance or precursor referred to in subsection (1) to the chief or appropriate police officer of another police force and if the chief or appropriate police officer of that other police force requests the transfer for the purposes of a particular investigation.\n(4) [Inform Minister] Where a transfer is conducted pursuant to subsection (3), the chief or appropriate police officer who\n(a) makes the transfer shall inform the Minister of the transfer, as soon as practicable after the request for the transfer has been received; and\n(b) receives the controlled substance or precursor shall inform the Minister of its receipt, as soon as practicable after the receipt.",
|
| 494 |
+
"citation": "CDSA Police Enforcement Regs, s. 21 (part 1 of 2)"
|
| 495 |
+
},
|
| 496 |
+
{
|
| 497 |
+
"act_code": "SOR-97-234",
|
| 498 |
+
"act_short": "CDSA Police Enforcement Regs",
|
| 499 |
+
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
| 500 |
+
"section": "21",
|
| 501 |
+
"marginal_note": "Forfeited substances",
|
| 502 |
+
"part": "",
|
| 503 |
+
"division": "",
|
| 504 |
+
"heading": "Detention of Forfeited Substances",
|
| 505 |
+
"history": "SOR/2005-72, s. 14",
|
| 506 |
+
"last_amended": "2006-03-22",
|
| 507 |
+
"in_force": "2006-03-22",
|
| 508 |
+
"status": "in force",
|
| 509 |
+
"current_to": "2026-03-31",
|
| 510 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-21.html",
|
| 511 |
+
"id": "SOR-97-234-s21-p2",
|
| 512 |
+
"text": "(5) [Directions] If a controlled substance or precursor referred to in subsection (1) is no longer required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall seek the directions of the Minister and dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.\n(6) [Substances not required] If a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized and is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall, as soon as practicable,\n(a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the controlled substance or precursor, unless the Minister has previously given such directions; and\n(b) dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.",
|
| 513 |
+
"citation": "CDSA Police Enforcement Regs, s. 21 (part 2 of 2)"
|
| 514 |
},
|
| 515 |
{
|
|
|
|
| 516 |
"act_code": "SOR-97-234",
|
| 517 |
"act_short": "CDSA Police Enforcement Regs",
|
| 518 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 521 |
"part": "",
|
| 522 |
"division": "",
|
| 523 |
"heading": "Reports",
|
|
|
|
| 524 |
"history": "SOR/2022-174, s. 5",
|
| 525 |
"last_amended": "2022-07-15",
|
| 526 |
"in_force": "2006-03-22",
|
| 527 |
"status": "in force",
|
| 528 |
"current_to": "2026-03-31",
|
| 529 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-22.html",
|
| 530 |
+
"id": "SOR-97-234-s22",
|
| 531 |
+
"text": "22\n(1) The chief or appropriate police officer shall submit to the Minister of Public Safety and Emergency Preparedness and to the Minister, within three months after the end of every calendar year, a report in written or electronic format containing the information set out in subsection (3), in respect of each of the following controlled substances or precursors that came into the possession of the police force in the course of a particular investigation completed during the calendar year, namely,\n(a) a controlled substance or precursor imported or exported in accordance with section 11;\n(b) a controlled substance produced in accordance with section 13; and\n(c) a forfeited controlled substance or precursor referred to in section 21.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall indicate the name and total quantity of each controlled substance or precursor and the quantity, in respect of each controlled substance or precursor, that was forfeited, imported, exported, produced or destroyed, as applicable.\n(4) [Additional report] The chief or appropriate police officer of a police force shall also submit, on request, a report in written or electronic format to the Minister respecting the controlled substances or precursors referred to in subsection (1) as required for the following purposes:\n(a) to ensure the protection of the public against potential public health risks caused by the potential misuse or diversion of those substances;\n(b) to collect data required for studies and research;\n(c) to meet international obligations of the Government of Canada; and\n(d) for compliance with these Regulations.",
|
| 532 |
+
"citation": "CDSA Police Enforcement Regs, s. 22"
|
| 533 |
},
|
| 534 |
{
|
|
|
|
| 535 |
"act_code": "SOR-97-234",
|
| 536 |
"act_short": "CDSA Police Enforcement Regs",
|
| 537 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 540 |
"part": "",
|
| 541 |
"division": "",
|
| 542 |
"heading": "Reports",
|
|
|
|
| 543 |
"history": "SOR/2005-72, s. 15; SOR/2022-174, s. 5",
|
| 544 |
"last_amended": "2022-07-15",
|
| 545 |
"in_force": "2006-03-22",
|
| 546 |
"status": "in force",
|
| 547 |
"current_to": "2026-03-31",
|
| 548 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-23.html",
|
| 549 |
+
"id": "SOR-97-234-s23",
|
| 550 |
+
"text": "23\n(1) The chief or appropriate police officer shall submit a report in written or electronic format to the Minister of Public Safety and Emergency Preparedness and the Minister containing the information required by subsection (3), respecting every controlled substance or precursor referred to in subsection 21(1) that is lost, stolen or otherwise no longer in the possession of the police force, as soon as practicable after the substance is lost, stolen or no longer in the possession of the police force.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall include the following information:\n(a) the name and quantity of each controlled substance or precursor;\n(b) the date of forfeiture, importation or exportation of each controlled substance or precursor, or the production of each controlled substance, as applicable; and\n(c) the date on which and an explanation of the circumstances in which the controlled substance or precursor was lost or stolen or ceased to be in the possession of the police force.",
|
| 551 |
+
"citation": "CDSA Police Enforcement Regs, s. 23"
|
| 552 |
},
|
| 553 |
{
|
|
|
|
| 554 |
"act_code": "SOR-97-234",
|
| 555 |
"act_short": "CDSA Police Enforcement Regs",
|
| 556 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 559 |
"part": "",
|
| 560 |
"division": "",
|
| 561 |
"heading": "Transitional Provision",
|
|
|
|
| 562 |
"history": "",
|
| 563 |
"last_amended": "2006-03-22",
|
| 564 |
"in_force": "2006-03-22",
|
| 565 |
"status": "in force",
|
| 566 |
"current_to": "2026-03-31",
|
| 567 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-24.html",
|
| 568 |
+
"id": "SOR-97-234-s24",
|
| 569 |
+
"text": "24 These Regulations apply in respect of every controlled substance or precursor that was forfeited to Her Majesty before the coming into force of these Regulations and that is in the possession of a police force, except that, in respect of subsection 21(1), the reference to 60 days shall be read as a reference to 120 days after the coming into force of these Regulations.",
|
| 570 |
+
"citation": "CDSA Police Enforcement Regs, s. 24"
|
| 571 |
},
|
| 572 |
{
|
|
|
|
| 573 |
"act_code": "SOR-97-234",
|
| 574 |
"act_short": "CDSA Police Enforcement Regs",
|
| 575 |
"act_name": "Controlled Drugs and Substances Act (Police Enforcement) Regulations",
|
|
|
|
| 578 |
"part": "",
|
| 579 |
"division": "",
|
| 580 |
"heading": "Coming into Force",
|
|
|
|
| 581 |
"history": "",
|
| 582 |
"last_amended": "2006-03-22",
|
| 583 |
"in_force": "2006-03-22",
|
| 584 |
"status": "in force",
|
| 585 |
"current_to": "2026-03-31",
|
| 586 |
+
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-*25.html",
|
| 587 |
+
"id": "SOR-97-234-s*25",
|
| 588 |
+
"text": "*25 These Regulations come into force on the date on which the Controlled Drugs and Substances Act comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 589 |
+
"citation": "CDSA Police Enforcement Regs, s. *25"
|
| 590 |
}
|
| 591 |
]
|
|
@@ -90,6 +90,18 @@ class SourceKeyTests(unittest.TestCase):
|
|
| 90 |
self.assertEqual(idx._source_key(0), ("memorandum", "D1-1-1"))
|
| 91 |
self.assertEqual(idx._source_key(1), ("caselaw", "2019 SCC 65"))
|
| 92 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 93 |
def test_benefits_sections_are_not_capped(self):
|
| 94 |
# A benefit-plan booklet's sections are distinct topics, like statute
|
| 95 |
# sections, so the whole booklet is never collapsed to SOURCE_CAP.
|
|
|
|
| 90 |
self.assertEqual(idx._source_key(0), ("memorandum", "D1-1-1"))
|
| 91 |
self.assertEqual(idx._source_key(1), ("caselaw", "2019 SCC 65"))
|
| 92 |
|
| 93 |
+
def test_long_section_pieces_share_a_key_but_distinct_sections_do_not(self):
|
| 94 |
+
# Pieces of one split section (ids '-p<k>') are capped together; two
|
| 95 |
+
# different sections of the same Act keep distinct (None) keys.
|
| 96 |
+
idx = bare_index([
|
| 97 |
+
chunk(doc_type="legislation", act_code="C-46", section="2", id="C-46-s2-p1"),
|
| 98 |
+
chunk(doc_type="legislation", act_code="C-46", section="2", id="C-46-s2-p2"),
|
| 99 |
+
chunk(doc_type="legislation", act_code="C-46", section="34", id="C-46-s34"),
|
| 100 |
+
])
|
| 101 |
+
self.assertEqual(idx._source_key(0), idx._source_key(1)) # same section
|
| 102 |
+
self.assertEqual(idx._source_key(0), ("section-piece", "C-46", "2"))
|
| 103 |
+
self.assertIsNone(idx._source_key(2)) # whole section
|
| 104 |
+
|
| 105 |
def test_benefits_sections_are_not_capped(self):
|
| 106 |
# A benefit-plan booklet's sections are distinct topics, like statute
|
| 107 |
# sections, so the whole booklet is never collapsed to SOURCE_CAP.
|