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CONSOLIDATION Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order SOR/2018-169 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order Application Coming into force Current to June 20, 2022 ii Registration SOR/2018-169 July 31, 2018 SPECIES AT RISK ACT Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order Whereas the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield population, is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas, pursuant to subsection 58(5) of that Act, the competent minister must consult with every other competent minister and whereas the Minister of the Environment is also the Minister responsible for the Parks Canada Agency; And whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; Therefore, the Minister of the Environment, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order. Gatineau, July 24, 2018 Catherine McKenna Minister of the Environment a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield population, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry, other than the portions of that critical habitat that are (a) in a place referred to in subsection 58(2) of the Act; or (b) found on a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of Atlantic Whitefish (Coregonus huntsmani) Order SOR/2018-182 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of Atlantic Whitefish (Coregonus huntsmani) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2018-182 September 7, 2018 SPECIES AT RISK ACT Critical Habitat of Atlantic Whitefish (Coregonus huntsmani) Order Whereas the Atlantic Whitefish (Coregonus huntsmani) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Atlantic Whitefish (Coregonus huntsmani) Order. Ottawa, September 4, 2018 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of Atlantic Whitefish (Coregonus huntsmani) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Atlantic Whitefish (Coregonus huntsmani), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Customs Controlled Areas Regulations SOR/2013-127 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Customs Controlled Areas Regulations 1 Interpretation Access to Customs Controlled Areas Presentation and Reporting Search of Persons Non-Intrusive Examination of Goods Coming into Force Current to June 20, 2022 ii Registration SOR/2013-127 June 7, 2013 CUSTOMS ACT Customs Controlled Areas Regulations P.C. 2013-669 June 6, 2013 His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to sections 11.5a and 99.4b of the Customs Actc makes the annexed Customs Controlled Areas Regulations. a S.C. 2009, c. 10, s. 4 b S.C. 2001, c. 25, s. 60 c R.S., c. 1 (2nd Supp.) Current to June 20, 2022 Customs Controlled Areas Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Customs Act. (Loi) customs controlled area means an area designated as a customs controlled area by the Minister under subsection 11.2(1) of the Act. (zone de contrôle des douanes) Access to Customs Controlled Areas 2 For the purposes of paragraph 11.3(1)(b) of the Act, the following persons are prescribed as persons to whom access may be granted: (a) any person who is arriving in Canada; (b) any person who is about to leave Canada; (c) any person who requires access to the customs controlled area for the purpose of administering or enforcing an Act of Parliament or responding to an emergency or for a purpose relating to the health or safety of a person; and (d) any person who requires access to the customs controlled area for a purpose relating to their business or employment. Presentation and Reporting 3 (1) For the purposes of paragraphs 11.4(1)(a) and (1.1)(a) of the Act, the prescribed manner of presentation is presentation in person. (2) For the purposes of paragraph 11.4(1)(b) of the Act, the prescribed manner of report is an oral report. Search of Persons 4 For the purposes of subsection 99.2(2) of the Act, the prescribed persons are the persons set out in paragraphs 2(c) and (d). Current to June 20, 2022 Customs Controlled Areas Regulations Search of Persons Sections 5-7 5 (1) For the purposes of subsection 99.2(2) of the Act, an officer may conduct a frisk search –– a search of a person’s clothed body by manual or technical means — of a person prescribed under section 4 if the officer suspects on reasonable grounds that the person has secreted on or about their person anything in respect of which the Act or the regulations have been or might be contravened, anything that would afford evidence with respect to a contravention of the Act or the regulations or any goods the importation or exportation of which is prohibited, controlled or regulated under the Act or any other Act of Parliament. (2) For the purposes of subsection 99.2(2) of the Act, an officer may conduct a strip search –– a visual inspection of a person’s naked body during which the person may be required to open his or her mouth — of a person prescribed under section 4 if the officer believes on reasonable grounds that the person has secreted on or about their person anything in respect of which the Act or the regulations have been or might be contravened, anything that would afford evidence with respect to a contravention of the Act or the regulations or any goods the importation or exportation of which is prohibited, controlled or regulated under the Act or any other Act of Parliament. (3) A strip search must be conducted in a private area. Non-Intrusive Examination of Goods 6 For the purposes of subsection 99.3(1) of the Act, a non-intrusive examination of goods is to be conducted using an imaging tool, trace particle or vapour detection tool, nuclear or radiation detection tool or other detection tool that permits the examination of goods without opening them. Coming into Force 7 These Regulations come into force on the day on which they are registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Eastern Sand Darter (Ammocrypta pellucida) Ontario Populations Order SOR/2017-265 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Eastern Sand Darter (Ammocrypta pellucida) Ontario Populations Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2017-265 December 4, 2017 SPECIES AT RISK ACT Critical Habitat of the Eastern Sand Darter (Ammocrypta pellucida) Ontario Populations Order Whereas the Eastern Sand Darter (Ammocrypta pellucida) Ontario populations is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect reserves or other lands that are set apart for the use and benefit of bands and, pursuant to subsection 58(7) of that Act, has consulted with the Minister of Indian Affairs and Northern Development and the bands in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Eastern Sand Darter (Ammocrypta pellucida) Ontario Populations Order. Ottawa, November 30, 2017 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Eastern Sand Darter (Ammocrypta pellucida) Ontario Populations Order Le ministre des Pêc Dominic Minister of Fishe Current to June 20, 2022 Critical Habitat of the Eastern Sand Darter (Ammocrypta pellucida) Ontario Populations Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Eastern Sand Darter (Ammocrypta pellucida) Ontario populations — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, in the Long Point National Wildlife Area, as described in Part IV of Schedule I to the Wildlife Area Regulations. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canada Customs and Revenue Agency Regulations, No. 2 SOR/2004-69 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Canada Customs and Revenue Agency Regulations, No. 2 1 Block Transfer Cessation of Effect Coming into Force Current to June 20, 2022 ii Registration SOR/2004-69 March 30, 2004 PUBLIC SERVICE EMPLOYMENT ACT Canada Customs and Revenue Agency Regulations, No. 2 P.C. 2004-353 March 30, 2004 Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to paragraph 36(1)(b) of the Public Service Employment Act, hereby makes the annexed Canada Customs and Revenue Agency Regulations, No. 2. Current to June 20, 2022 Canada Customs and Revenue Agency Regulations, No. 2 Block Transfer 1 Subsections 37.3(1) and (2) of the Public Service Employment Act apply to the portion of the Public Service known as the Canada Customs and Revenue Agency. Cessation of Effect 2 These Regulations cease to have effect at 00:00:03, April 1, 2004. Coming into Force 3 These Regulations come into force at 00:00:01, April 1, 2004. Current to June 20, 2022
CONSOLIDATION Canada Oil and Gas Diving Regulations SOR/88-600 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Safety of Diving Operations Conducted in Connection with the Exploration or Drilling for or the Production, Conservation, Processing or Transportation of Oil or Gas 1 Short Title Interpretation Application PART I Proposed Diving Programs 4 Authorization PART II Operators 6 Duties Changes in Equipment and Procedures Authorization PART III Diving Contractors 9 Duties Examination and Testing of Diving Plant and Equipment Diving Plant and Equipment Communication Systems Pressure Vessels Compression Chambers Surface Compression Chambers Current to June 20, 2022 ii Canada Oil and Gas Diving Regulations TABLE OF PROVISIONS Diving Bells Diving Submersibles Oxygen Supply Systems Breathing Mixture Supply Systems Quantity and Quality of Breathing Mixture Evacuation, Rescue and Treatment Facilities Medical Services Craft in Dynamically Positioned Mode PART IV Diving Safety Specialists 27 PART V Supervisors 27 Supervision of a Category I Diving Operation Category I Diving Supervisor’s Certificate Supervision of a Category II Diving Operation Category II Diving Supervisor’s Certificate Supervision of a Category III Diving Operation Category III Diving Supervisor’s Certificate Supervision of an ADS Diving Operation ADS Supervisor’s Certificate Restrictions Respecting Supervisor’s Certificate and Document Current to June 20, 2022 iv Canada Oil and Gas Diving Regulations TABLE OF PROVISIONS Invalidation of Supervisor’s Certificate Duties of Supervisors Restrictions Respecting Dive Sites Restricted Use of SCUBA Restrictions Respecting Category I Diving Operations Restrictions Respecting Category II Diving Operations Restrictions Respecting Category III Diving Operations Restriction Respecting Diving Supervisors Additional Duties Diving Plant and Equipment Oxygen Supply Systems and Breathing Mixture Supply Systems Breathing Mixture Diving Operations Logbooks Supervisor’s Logbooks Keeping of Records PART VI Divers 53 Category I Dives Category I Diving Certificates Category II Dives Category II Diving Certificates Category III Dives Category III Diving Certificates Restrictions Respecting Diving Certificates and Documents Current to June 20, 2022 v Canada Oil and Gas Diving Regulations TABLE OF PROVISIONS Restrictions Respecting Medical Certificates Invalidation of Diving Certificates Diver’s Duties Diver’s Logbooks PART VII Pilots 64 ADS Dives Pilot’s Certificates Restrictions Respecting Pilot’s Certificates and Documents Restrictions Respecting Medical Certificates Invalidation of Pilot’s Certificates Pilot’s Logbooks PART VIII Additional Provisions 70 Persons Who Have First-Aid or Medical Training Permanent Certificates Offences SCHEDULE I Procedures Manual SCHEDULE II Emergency Procedures SCHEDULE III Diving Accident/Incident Report SCHEDULE IV Current to June 20, 2022 v Canada Oil and Gas Diving Regulations TABLE OF PROVISIONS SCHEDULE V SCHEDULE VI Recommendation for Category Diving Supervisor’s Certificate SCHEDULE VII Current to June 20, 2022 vi Registration SOR/88-600 December 7, 1988 CANADA OIL AND GAS OPERATIONS ACT Canada Oil and Gas Diving Regulations P.C. 1988-2609 December 7, 1988 Whereas a copy of the proposed Regulations respecting the safety of diving operations conducted in connection with the exploration or drilling for or the production, conservation, processing or transportation of oil or gas, substantially in the form annexed hereto, was published in the Canada Gazette Part I on July 9, 1988 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Energy, Mines and Resources or the Minister of Indian Affairs and Northern Development with respect thereto; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources and the Minister of Indian Affairs and Northern Development, pursuant to sections 12* and 57 of the Oil and Gas Production and Conservation Act, is pleased hereby to make the annexed Regulations respecting the safety of diving operations conducted in connection with the exploration or drilling for or the production, conservation, processing or transportation of oil and gas. * S.C. 1986, c. 45, s. 122 Current to June 20, 2022 Regulations Respecting the Safety of Diving Operations Conducted in Connection with the Exploration or Drilling for or the Production, Conservation, Processing or Transportation of Oil or Gas Short Title 1 These Regulations may be cited as the Canada Oil and Gas Diving Regulations. Interpretation 2 In these Regulations, acceptable standard means an applicable standard that is acceptable to the Minister; (norme acceptable) accident means a fortuitous event that results in the death of or injury to any person involved in a diving operation; (accident) Act means the Oil and Gas Production and Conservation Act; (Loi) ADS means an atmospheric diving system capable of withstanding external pressures greater than atmospheric pressure and in which the internal pressure remains at atmospheric pressure and includes a one-person submarine and the one-atmosphere compartment of a diving submersible; (système ADS) ADS dive means a dive in which an ADS is used; (plongée avec système ADS) ADS diving operation means a diving operation in which an ADS dive is made; (opérations de plongée avec système ADS) ADS supervisor means a supervisor of a diving operation involving a pilot; ((directeur de plongée avec système ADS)) ambient pressure means the pressure at any given depth; (pression ambiante) appropriate breathing mixture means, in relation to a diving operation, a breathing mixture that is suitable, in terms of composition, temperature and pressure, for the diving plant and equipment used in the diving operation, for the work to be undertaken and for the conditions Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Section 2 under which and the depth at which the diving operation is to be conducted; (mélange respiratoire approprié) attendant means a person who has been trained in diving procedures and who is acting under the direction of a supervisor; (adjoint) bell bounce diving technique means a diving procedure whereby a diving bell or diving submersible is used to transport divers who are under atmospheric pressure or pressures greater than atmospheric pressure to a work site and subsequently to transport the divers under pressures greater than atmospheric pressure from an underwater work site, but does not include saturation diving techniques; (technique de la plongée d’incursion) bottom time means the period commencing when a person begins pressurization or descent for a dive and terminating when the person commences decompression or ascent; (durée du séjour au fond) breathing mixture means a mixture of gases used for human respiration and includes pure oxygen and any therapeutic mixture; (mélange respiratoire) category I dive means a dive to a depth of less than 50 m using surface-oriented diving techniques and a breathing mixture of air, but no other breathing mixture except in cases of decompression, treatment or emergency, and includes a dive in which a diving bell or diving submersible is used for an observation dive, but does not include a lock-out dive; (plongée de catégorie I) category I diving operation means a diving operation in which a category I dive is made; (opérations de plongée de catégorie I) category II dive means a dive in which a diving bell or diving submersible is used for a lock-out dive to a depth of less than 50 m using a breathing mixture of air, or to a depth of 50 m or more using a breathing mixture of mixed gas other than air, but does not include a saturation dive; (plongée de catégorie II) category II diving operation means a diving operation in which a category II dive is made; (opérations de plongée de catégorie II) category III dive means a saturation dive and any dive other than an ADS dive, a category I dive or a category II dive; (plongée de catégorie III) category III diving operation means a diving operation in which a category III dive is made; (opérations de plongée de catégorie III) Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Section 2 compression chamber means a pressure vessel that is suitable for human occupancy at internal pressures greater than atmospheric pressure; (caisson de compression ou compartiment de compression) contingency plan means a contingency plan referred to in paragraph 4(4)(i); (plan d’urgence) craft means any vessel, vehicle, hovercraft, semi-submersible, submarine or diving-submersible and includes a self-propelled, tethered, towed or bottom-contact apparatus, but does not include an installation; (véhicule) decompression means the gradual reduction of the pressures of the inert components of a breathing mixture in the body; (décompression) decompression sickness means a condition caused by the reduction or other changes of pressure on or in the body; (maladie de la décompression) decompression sickness type I means a decompression sickness that is characterized by one or both of the following symptoms, namely, (a) pain that is located at or near the joints of the limbs but is not felt in other parts of the body, and (b) cutaneous manifestations including a rash and cutaneous pruritis (intense itching); (maladie de la décompression de type I) decompression sickness type II means a decompression sickness that is characterized by one or more of the following symptoms, namely, (a) neurological manifestations related to the central nervous system, (b) interference with the respiratory or cardiovascular system, (c) otologic disorders, and (d) any symptoms not referred to in the definition “decompression sickness type I”; (maladie de la décompression de type II) decompression table means a table or set of tables that (a) shows a schedule of rates for safe descent and ascent and the appropriate breathing mixture to be used by a diver during a dive, and (b) has been approved in accordance with section 5; (table de décompression) Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Section 2 dive site means the place on a craft or installation from which a diving operation is conducted and from which a diver or pilot involved in the diving operation enters the water; (lieu de plongée) dive time means the period commencing when a person begins pressurization or descent for a dive and terminating when the person completes decompression or ascent; (durée de la plongée) diver means a person who meets the requirements of section 53, 55 or 57, who is involved in a diving operation that is part of a diving program and who may be subject to pressures greater than atmospheric pressure; (plongeur) diving bell means a compression chamber that is intended to be submerged and that is designed to transport a person at atmospheric pressure or divers at pressures greater than atmospheric pressure from the surface to an underwater work site and back and includes the compression chamber of a diving submersible; (tourelle de plongée) diving contractor means a person who employs a diver for a diving operation or who holds a contract to supply diving services for a diving operation, but does not include a self-employed diver; (entrepreneur en plongée) diving crew means the persons who are designated by a diving contractor to be involved in a diving operation conducted by the diving contractor and who are under the supervision of a supervisor; (équipe de plongée) diving doctor means a medical doctor who is licensed and registered to practise in a province, who has completed a diving medical course acceptable to the Minister and who has been accepted in writing by the Minister to certify divers for the purposes of paragraph 53(b), but who has not been accepted by the Minister to provide medical assistance under pressures greater than atmospheric pressure; (médecin de plongée) diving operation means any work or activity that is associated with a dive and that takes place during the total dive time and includes (a) any work or activity involving a diver or pilot, (b) the activities of a person assisting a diver or pilot involved in the dive, and (c) any use of an ADS in the dive; (opérations de plongée) Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Section 2 diving plant and equipment means the plant and equipment that are used in, or in connection with, a diving operation and includes the plant and equipment that are essential to a diver or pilot; (matériel de plongée) diving program means any work or activity related to the exploration or drilling for or the production, conservation, processing or transportation of oil or gas that involves a diving operation; (programme de plongée ou programme) diving safety specialist means a person who meets the criteria set out in subsection 26(1); (spécialiste de la sécurité en plongée) diving station means the place from which a diving operation is controlled; (poste de commande de plongée) diving submersible means a self-propelled submarine that has at least (a) one one-atmosphere compartment from which the diving submersible is piloted and from which a dive can be supervised, and (b) one compression chamber from which a dive can be conducted; (sous-marin crache-plongeurs) diving supervisor means a supervisor of a diving operation involving a diver; (directeur de plongée) dressed-in means fully equipped to dive and ready to enter the water, with the diver’s personal diving equipment tested and at hand, whether or not helmet, face plate or face mask is in place; (équipé) emergency means an exceptional situation resulting from an accident or incident; (urgence) environmental conditions means conditions that may affect a diving operation and includes (a) weather and sea conditions, (b) speed of currents and tides, (c) shipping activities, (d) air and water temperatures, (e) icing conditions, and (f) debris on the sea surface or sea bed; (conditions ambiantes) Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Section 2 hyperbaric first-aid technician means a person who has successfully completed an advanced hyperbaric first-aid course acceptable to the Minister; (secouriste hyperbare) incident means a fortuitous event that compromises or is likely to compromise the safety of, or endangers or is likely to endanger the health, well-being or life of, a person involved in a diving operation; (incident) installation means any fixed offshore structure used in connection with the exploration or drilling for or the production, conservation, processing or transportation of oil or gas; (installation) lifeline means a safety line attached to a diver that is suitable for recovering and lifting the diver and the diver’s personal diving equipment from the water; (ligne de vie) life-support system means a system comprising the breathing mixture supply systems, decompression and recompression equipment, environmental control systems and equipment and supplies that may be required to provide safe accommodation for a person in the water, in a compression chamber, in a diving bell, in a diving submersible or in an ADS under all pressures and conditions that a person may be exposed to during a diving operation; (système de survie) life-support technician means a person who has successfully completed a life-support technician’s course acceptable to the Minister and who has satisfied the Minister that the person has attained a level of competence in all aspects of all types of diving techniques, including emergency procedures, hyperbaric first-aid and operation of life-support systems; (technicien des systèmes de survie) lock-out dive means a dive from a diving bell or a diving submersible; (plongée à partir d’un sas) maximum working load means the total weight of a load likely to be handled under normal operating conditions in a diving operation, weighed out of water and includes the weight of the umbilical; (charge de service maximale) maximum working pressure means the maximum pressure to which a compression chamber can safely be exposed under normal operating conditions in a diving operation, and, where a compression chamber is interconnected with one or more other compression chambers, means, in respect of each of those interconnected chambers, the maximum pressure to which the interconnected chamber with the lowest maximum working Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Section 2 pressure can safely be exposed under normal operating conditions; (pression de service maximale) medical lock means a lock through which objects may be passed into or out of a compression chamber while a person inside the compression chamber remains under pressure; (sas à médicaments) Minister means, (a) in relation to any area in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for the natural resources therein, the Minister of Indian Affairs and Northern Development, and (b) in relation to any area in respect of which the Minister of Energy, Mines and Resources has administrative responsibility for the natural resources therein, the Minister of Energy, Mines and Resources; (ministre) operator means a person who has been authorized, pursuant to paragraph 3.2(1)(b) of the Act, to carry on a work or activity referred to in section 3.1 of the Act that is a diving program or that includes a diving program; (exploitant) personal diving equipment means the diving equipment carried by a diver on the diver’s person during a dive and includes a diving suit, breathing apparatus, bale-out gas bottle and communications equipment; (équipement personnel de plongée) pilot means a person who controls the movement of an ADS from within the ADS and who performs from within the ADS any other tasks necessary for the operation of the ADS; (pilote) pressure vessel means a closed container capable of withstanding internal or external pressures, or both, greater than one atmosphere; (appareil sous pression) procedures manual means the procedures manual referred to in paragraph 4(4)(a); (manuel des méthodes) recognized body means an organization, a classification society, a certifying agency, a group of persons or an individual that is acceptable to the Minister as having the expertise and experience to set standards for, or to inspect and certify, diving plant and equipment or parts thereof; (autorité reconnue) saturation dive means a dive in which saturation diving techniques are used; (plongée à saturation) Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Section 2 saturation diving technique means a diving procedure that essentially equilibrates the total pressure of inert gases in the body of a diver with the ambient pressure and allows extended periods of bottom time without additional decompression time required; (technique de la plongée à saturation) SCUBA means a self-contained open-circuit underwater breathing apparatus; (appareil de plongée autonome) skip means a stage, cage, basket or wet bell in which a diver may be lowered to or raised from an underwater work site; (skip) specialized diving doctor means a diving doctor who has completed an advanced diving medical course acceptable to the Minister and who has been accepted in writing by the Minister to provide medical assistance under pressures greater than atmospheric pressure; (médecin de plongée spécialisé) stand-by diver means a diver who is dressed-in and trained to operate at the same depths and in the same circumstances as the diver for whom the stand-by diver is standing by, who is at the same dive site as the other diver and who is available without delay to assist that other diver; (plongeur de secours) supervisor means a person appointed in writing by a diving contractor, pursuant to subsection 9(3), as a diving supervisor or an ADS supervisor to supervise a diving operation; (directeur) surface compression chamber means a compression chamber that is not intended to be submerged; (caisson de compression de surface) surface-oriented diving technique means a diving procedure in which the use of a diving bell or diving submersible is not required; (technique de la plongée avec soutien en surface) total dive time means the period commencing when a person begins to prepare for a dive and terminating when the person leaves the water, is not subject to pressures greater than atmospheric pressure and, in accordance with the relevant schedule in the appropriate decompression table, has normal inert gas pressure in the person’s body; (durée totale de la plongée) umbilical means a composite hose or cable or number of separate hoses or cables capable of supplying a breathing mixture, power, heat, communications and other services, as required for a diving operation. (ombilical) Current to June 20, 2022 Canada Oil and Gas Diving Regulations Interpretation Sections 2-4 Application 3 These Regulations apply to any diving operation carried on in connection with the exploration or drilling for or the production, conservation, processing or transportation of oil or gas in areas to which the Act applies. PART I Proposed Diving Programs Authorization 4 (1) A person may apply for an authorization under paragraph 3.2(1)(b) of the Act in respect of a proposed diving program by forwarding to the Minister an application, completed in triplicate, in the form prescribed by the Minister. (2) An authorization under paragraph 3.2(1)(b) of the Act in respect of a proposed diving program is, in addition to any other requirements of these Regulations, subject to the requirements that the operator and the diving contractor, if any, of the diving program shall (a) maintain the level of performance of the diving crew, diving plant and equipment and any craft or installation used in the diving program at or above the level of performance indicated in the application referred to in subsection (1) and accepted by the Minister, for the authorization for the diving program, as the level of performance at which the diving program will be carried on; (b) where the operator or the diving contractor, as the case may be, proposes to replace a supervisor involved in the diving program or appoint an additional Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART I Proposed Diving Programs Authorization Section 4 supervisor, provide the Minister with evidence that any replacement or additional supervisor who will be involved in the diving program meets the criteria set out in section 27, 29, 31 or 33 to supervise the category of dive the supervisor will be supervising; and (c) where, in any area in which the diving program is being carried on, the environmental conditions, during any period, become more severe than the environmental conditions indicated in the application as being the most severe environmental conditions under which the diving program would be carried on, cease to carry on the diving program in that area during that period. (3) No authorization may be given under paragraph 3.2(1)(b) of the Act in respect of a proposed diving program unless the applicant provides the Minister with evidence (a) that a diving safety specialist was consulted on all safety aspects of the diving program; (b) that a diving safety specialist will be available on a 24 hour a day basis to advise any person involved in the diving program, including any person making decisions affecting the safety of divers involved in the diving program, on all safety aspects of the diving program; (c) that any supervisor who will be involved in the diving program meets the criteria set out in section 27, 29, 31 or 33 to supervise the category of dive the supervisor will be supervising; (d) that the services of a specialized diving doctor, who is familiar with the diving procedures to be used in the diving operation that will form part of the diving program and who is within a travelling distance of the diving operation that is acceptable to the Minister, will be available on a 24 hour a day basis to any person involved in the diving program; (e) of any certificates issued by the manufacturer or a recognized body in respect of the diving plant and equipment to be used in the diving program; and (f) where a diving program is to be conducted by a diving contractor who is not also the operator of the diving program, that the diving contractor is able to meet any liability for loss, damage, costs or expenses that may be incurred by the diving contractor as a result of the diving program. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART I Proposed Diving Programs Authorization Sections 4-5 (4) No authorization may be given under paragraph 3.2(1)(b) of the Act in respect of a proposed diving program unless approval has been granted by the Minister for the following: (a) the procedures manual that contains the procedures to be followed in the diving program, including the procedures referred to in Schedule I; (b) the diving plant and equipment to be used in the diving program, including the two-compartment compression chamber referred to in subparagraph 9(5)(h)(ii) and paragraph 47(3)(a), and any equivalent first-aid supplies referred to in paragraph 12(2)(b); (c) schematic drawings showing the general arrangement of any diving plant and equipment to be used in the diving program and their location on board the craft or installation on which or from which they will be used in the diving program; (d) where a craft is to be used in the diving program and is to be used in a manner referred to in subparagraph 12(2)(p)(iv), to be approved in accordance with section 5, the manner in which the craft is to be used; (e) any use in the diving program of a craft in the dynamically positioned mode and the dynamically positioned diving operational capacity graph in respect of the craft; (f) where a diving submersible is to be used in the diving program and is to be secured in a manner referred to in subparagraph 18(b)(iii), to be approved in accordance with section 5, the manner in which the diving submersible is to be secured; (g) any experimental equipment or technique to be used in the program; (h) any evacuation, rescue and treatment facilities and devices provided for the program pursuant to section 23; and (i) the contingency plan to be followed in the diving program including the emergency procedures referred to in Schedule II and the particulars of any additional evacuation, rescue and treatment facilities and devices to be provided for use in the diving program. 5 (1) The Minister is authorized to grant, in accordance with subsection (2), any approval prescribed in these Regulations and to make that approval subject to, in addition to the requirements prescribed in these Regulations, such requirements, terms or conditions as the Minister determines. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART I Proposed Diving Programs Authorization Sections 5-6 (2) The Minister shall provide a person with evidence of any approval granted to the person pursuant to subsection (1). (3) The Minister is authorized to suspend or revoke an approval referred to in subsection (1) for failure to comply with, or for contravention of, the terms and conditions subject to which the approval was granted. (4) Where the Minister, pursuant to subsection (3), suspends or revokes an approval granted to a person, the Minister shall give the person an opportunity to show cause why the approval should not be suspended or revoked. PART II Operators Duties 6 (1) The operator of a diving program shall (a) arrange for the services of a diving safety specialist who will be available on a 24 hour a day basis to advise any person involved in the diving program, including any person making decisions affecting the safety of divers involved in the diving program, on all safety aspects of the diving program; (b) make available a suitable place from which any diving operation that is part of the diving program may be conducted; (c) to the extent practicable, give advance notice of any operation that is part of the diving program to the person in charge of any craft or installation in the vicinity of the operation; (d) make available adequate forecasts of environmental conditions to the supervisor on duty at a diving operation that is part of the diving program (i) before the diving operation begins, and (ii) during the diving operation, at intervals of not more than 24 hours and at any time where the supervisor requests those forecasts; (e) inform the supervisor on duty at a diving operation that is part of the diving program of any matter within the operator’s control that may affect the safety of the diving operation; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART II Operators Duties Section 6 (f) provide an adequate and effective system of communication between the supervisor who is on duty and any person, other than the divers and pilots, involved in, or in a position to assist in, a diving operation that is part of the diving program, including a winch or crane operator and a person on the bridge, on the rig floor or in the main control room of a craft or installation used in the diving operation; (g) while a diving operation that is part of the diving program is in progress, prominently display notices to that effect (i) in the case of any craft or installation used in the diving operation, on the bridge and in the engine room, and (ii) in the case of any diving plant and equipment used in the diving operation, on any controls the operation of which might endanger a diver or pilot and on any controls for impressed current cathodic protection; (h) display in the control room of a craft that will be operated in the dynamically positioned mode in a diving operation that is part of the diving program a copy of the dynamically positioned diving operational capacity graph in respect of the craft; (i) in the event that a member of a diving crew involved in the diving program meets with an accident, notify the Minister of the accident by the most rapid and practicable means and submit to the Minister a report of the accident in the form set out in Schedule III; (j) in the event of a serious illness affecting a member of a diving crew involved in the diving program or an incident in connection with the diving program, notify the Minister of the illness or incident as soon as possible, investigate the cause of the illness or incident and submit to the Minister a report of that illness or incident, including, in the case of an incident, a report in the form set out in Schedule III; (k) submit to the Minister a monthly report of all injuries to any member of a diving crew involved in a diving operation that is part of the diving program; and (l) during the course of any diving operation that is part of the diving program, display a copy of the authorization under paragraph 3.2(1)(b) of the Act for that diving program and evidence of any approval granted in relation to that authorization pursuant to section 5 in a prominent place at the diving station for the diving operation. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART II Operators Duties Sections 6-7 (2) The operator of a diving program shall not (a) conduct any diving operation that is part of the diving program in the vicinity of any other activity that might pose a danger to any person involved in the diving operation; (b) use, in a diving operation, any craft that has insufficient power or stability for the safe conduct of the diving operation; and (c) prevent any diving contractor involved in the diving program from complying with any of the provisions of these Regulations. Changes in Equipment and Procedures 7 (1) Subject to subsection (2), the operator of a diving program shall (a) forthwith repair, replace or alter or arrange for the repair, replacement or alteration of any diving plant and equipment that is being used in the diving program and that is defective or becomes inadequate or unsafe; (b) alter any procedure set out in the procedures manual for the diving program that becomes unsafe, inadequate or deficient; and (c) where necessary, initiate a new procedure in respect of the diving program. (2) Where, pursuant to subsection (1), the operator of a diving program (a) repairs, replaces or alters or arranges for the repair, replacement or alteration of any diving plant and equipment referred to in paragraph (1)(a), other than a routine repair, replacement or alteration carried out by a competent person, (b) alters a procedure set out in the procedures manual for the diving program, or (c) initiates a new procedure in respect of the diving program, the operator shall, prior to any activity referred to in paragraphs (a) to (c), obtain such approval as the Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART II Operators Changes in Equipment and Procedures Sections 7-9 Minister determines pursuant to paragraph 3.2(1)(b) of the Act. Authorization 8 (1) An operator may apply for authorization pursuant to subsection 12.2(1) of the Act to use equipment, methods, measures or standards that do not comply with these Regulations. (2) An application referred to in subsection (1) shall set out the manner in which the equipment, methods, measures or standards that are the subject of the application provide a level of safety and pollution prevention at least equivalent to that which would be provided by compliance with these Regulations. PART III Diving Contractors Duties 9 (1) Subject to subsection (2), no diving contractor shall conduct a diving operation unless the diving contractor has arranged for the services of a diving safety specialist, other than the diving safety specialist available pursuant to paragraph 4(3)(b), who will be available on a 24 hour a day basis to advise any person involved in the diving operation, including any person making decisions affecting the safety of divers involved in the diving operation, on all safety aspects of the diving operation. (2) Where the operator referred to in subsection 6(1) and the diving contractor referred to in subsection (1) are the same person, the diving safety specialist required pursuant to subsection (1) may be the same person as the diving safety specialist required pursuant to paragraph 4(3)(b). (3) No diving contractor shall conduct a diving operation that includes (a) a category I dive unless the diving contractor has appointed in writing a person who meets the criteria set out in section 27, 29 or 31 to supervise the diving operation and such a supervisor is present at all times during the diving operation; (b) a category II dive unless the diving contractor has appointed in writing a person who meets the criteria set out in section 29 or 31 to supervise the diving operation and such a supervisor is present at all times during the diving operation; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Duties Section 9 (c) a category III dive unless the diving contractor has appointed in writing a person who meets the criteria set out in section 31 to supervise the diving operation and such a supervisor is present at all times during the diving operation; and (d) the use of an ADS unless the diving contractor has appointed in writing a person who meets the criteria set out in section 33 to supervise the diving operation and such a supervisor is present at all times during the diving operation. (4) No diving contractor shall, in a diving operation conducted by the diving contractor, employ a person (a) to make a category I dive unless the person meets the criteria set out in section 53, 55 or 57; (b) to make a category II dive unless the person meets the criteria set out in section 55 or 57; (c) to make a category III dive unless the person meets the criteria set out in section 57; or (d) to pilot an ADS unless the person meets the criteria set out in section 64. (5) A diving contractor who conducts a diving operation that is part of a diving program shall (a) ensure that every diving supervisor employed by the diving contractor in the diving program on a fulltime basis has the opportunity to supervise each year a minimum of 12 dives appropriate to the category of dive for which the supervisor is certified; (b) ensure that every ADS supervisor employed by the diving contractor in the diving program on a full-time basis has the opportunity to supervise each year a minimum of six ADS dives; (c) ensure that every diver employed by the diving contractor in the diving program on a full-time basis has the opportunity to make each year a minimum of 24 dives, totalling a minimum of 20 hours of bottom time, appropriate to the category of dive for which the diver is certified; (d) ensure that every pilot employed by the diving contractor in the diving program on a full-time basis has the opportunity to make each year at least four ADS dives totalling a minimum of 16 hours of bottom time; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Duties Section 9 (e) ensure that, except in the case of an emergency, each member of a diving crew involved in the diving operation, in every 24 hour period, (i) has a rest period of not less than eight consecutive hours, and (ii) is required to work not more than 12 hours; (f) follow the procedures set out in the procedures manual for the diving program and any altered or newly initiated procedures referred to in section 7 for the diving program; (g) maintain, at the craft or installation from which the diving operation is conducted, two copies of these Regulations and a copy of the applicable procedures manual and make them available to any person involved or to be involved in the diving operation and, on request, to the Minister or a conservation engineer; (h) provide or arrange for the provision of any diving plant and equipment necessary for the safe conduct of the diving operation, including (i) adequate firefighting equipment, and (ii) a two-compartment compression chamber that (A) has been approved for the diving program, in accordance with section 5, for use at a pressure that is not less than six atmospheres absolute and, where the maximum working pressure that may be encountered during any dive that is part of the diving operation is greater than six atmospheres absolute, for use at the maximum pressure plus one atmosphere, (B) is suitable for the diving operation, and (C) is located in a readily accessible place on board the craft or installation from which the diving operation is conducted, except in the case of a diving operation that is conducted at a depth of 10 m or less, and, where the supervisor of the diving operation approves, may be located within one hour’s travelling time from the dive site; (i) use only diving plant and equipment that is of sound construction, adequate strength, free from patent defects and in good working order; (j) provide for the protection of the diving plant and equipment used in the diving operation from malfunction in the environmental conditions under which the diving plant and equipment are to be used, including conditions of low or high temperatures; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Duties Sections 9-10 (k) permit only such repair, replacement and alteration of diving plant and equipment used in the diving operation as has been approved pursuant to subsection 7(2) and ensure that routine repair, replacement or alteration is carried out by a competent person; (l) provide adequate illumination of the dive site and the underwater work site of the diving operation (i) during any period of darkness or low visibility, and (ii) where the supervisor of the diving operation requests the illumination and where the nature of the diving operation so permits; (m) provide a diving operations logbook that is permanently bound and has numbered pages; (n) retain any diving operations logbook referred to in paragraph (m) that is delivered to the diving contractor by a supervisor pursuant to subsection 50(5), and any records or copies delivered to the diving contractor by a supervisor pursuant to subsection 52(3), for a period of not less than two years after the day of the last entry made in it; and (o) produce, on request, any logbooks, records or copies referred to in paragraph (n) for inspection by the Minister or a conservation engineer. (6) Where continuance of a diving operation would compromise or is likely to compromise the safety or would endanger or is likely to endanger the health, well-being or life of, any person involved in the diving operation, the diving contractor who conducts the diving operation shall forthwith interrupt or discontinue the diving operation. 10 (1) A diving contractor who conducts a diving operation shall not permit any person involved in the diving operation to be exposed to a pressure greater than atmospheric pressure in a compression chamber used in connection with the diving operation unless (a) not more than 12 months prior to the day of the exposure, a diving doctor has certified that the person is fit to be exposed to the pressure; and Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Duties Sections 10-11 (b) copies of the certificate referred to in paragraph (a) are in the possession of the diving contractor and the person. (2) Subsection (1) does not apply (a) to any person who requires therapeutic compression; or (b) in the case of an emergency, to a person who can provide medical treatment, where no person certified pursuant to paragraph (1)(a) is available. Examination and Testing of Diving Plant and Equipment 11 (1) A diving contractor who conducts a diving operation shall use or permit to be used in the diving operation (a) only diving plant and equipment that has been examined and, where appropriate, subjected to a pressure leak test using an appropriate breathing mixture to a pressure that is not less than six atmospheres absolute and, where the maximum working pressure that may be encountered during any dive that is part of the diving operation is greater than six atmospheres absolute, to the maximum pressure plus one atmosphere (i) not more than three months prior to the day on which it is to be used, (ii) on mobilization and assembly, and (iii) following any repair, replacement or alteration of the diving plant and equipment that might affect its safety; (b) in the case of a compression chamber, only a compression chamber that (i) not more than two years prior to the day on which it is to be used, has been subjected to a pressure leak test to the maximum working pressure of the chamber using an appropriate breathing mixture, and (ii) not more than five years prior to the day on which it is to be used, has been subjected to an internal pressure test of at least 1.25 times the maximum working pressure of the chamber; (c) in the case of a pressure vessel for compressed gases that is not intended to be immersed in water, including compressed air cylinders, only a pressure vessel that has been subjected to Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Examination and Testing of Diving Plant and Equipment Section 11 (i) a thorough examination and internal pressure test not more than five years prior to the day on which it is to be used, and (ii) an internal inspection for corrosion not more than two years prior to the day on which it is to be used, or such longer period as is determined by the Minister pursuant to paragraph 3.2 (1)(b) of the Act; (d) in the case of a pressure vessel for compressed gases that is intended to be immersed in water, only a pressure vessel that has been subjected to (i) a thorough examination and internal pressure test not more than two years prior to the day on which it is to be used, and (ii) an internal inspection for corrosion not more than one year prior to the day on which it is to be used, or such longer period as is determined by the Minister pursuant to paragraph 3.2(1)(b) of the Act; and (e) in the case of lifting equipment for a launch and recovery system, only lifting equipment that has been tested (i) on first installation and, thereafter, before operational use of the lifting equipment following a repair, replacement or alteration, other than a routine repair, replacement or alteration carried out by a competent person, by means of a functional test, and (ii) every six months following a functional test carried out pursuant to subparagraph (i), by means of a test that tests the capability of the lifting equipment to operate safely under its maximum working load. (2) A diving contractor who conducts a diving operation shall ensure that (a) each examination and test required to be carried out for the purposes of subsection (1) is carried out by or under the supervision of a recognized body and in accordance with an acceptable standard; and (b) where a pneumatic or hydrostatic pressure test is carried out for the purposes of subsection (1), adequate precautions are taken to ensure the safety of the Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Examination and Testing of Diving Plant and Equipment Sections 11-12 personnel involved, the diving plant and equipment and the craft or installation used in the test. (3) A diving contractor who conducts a diving operation shall keep a register in which are inserted or to which are attached certificates (a) containing details and results of examinations and tests carried out pursuant to subsection (1), and (b) signed by the person by whom or under whose supervision the examinations or tests were carried out, and shall retain the register (c) in the case of a register that contains certificates relating to pressure vessels, for at least five years after the day of the last entry in it; and (d) in any other case, for at least two years after the day of the last entry in it. (4) A diving contractor who conducts a diving operation shall not use or permit to be used in the diving operation any diving plant and equipment that is unsafe as determined by an examination or test carried out pursuant to subsection (1). Diving Plant and Equipment 12 (1) A diving contractor who conducts a diving operation shall not use or permit to be used any diving plant and equipment in the diving operation unless the design thereof is such that (a) it enables divers and pilots to safely enter and leave the water; (b) divers can be safely compressed or decompressed in accordance with the relevant schedule in the appropriate decompression table; (c) where a hot-water system is used as the means of heating a diver, a hot-water reservoir is, where practicable, included in the system; and (d) the body temperature of a diver or pilot can be maintained within safe limits during the diving operation. (2) A diving contractor who conducts a diving operation shall ensure that (a) prior to the time a diver involved in the diving operation enters the water, the diver is provided with Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Plant and Equipment Section 12 (i) a diving harness complete with pelvic support and lifting ring, (ii) a depth indicator that is, where practicable, a type that can be monitored from the surface, and (iii) during any period of darkness or low visibility or where requested by the supervisor of the diving operation, a lamp or other suitable device that indicates the diver’s location; (b) the first-aid supplies listed in Part I of Schedule IV, or equivalent first-aid supplies approved in accordance with section 5 for the diving program of which the diving operation is a part, are (i) packed in such a manner that they fit through the medical lock of any surface compression chamber used in the diving operation, and (ii) kept on the craft or installation from which the diving operation is conducted, except where it is impracticable in a category I diving operation or an ADS diving operation and where the supervisor of the diving operation approves, in which case the supplies may be kept readily available within a travelling distance of the diving operation that is acceptable to the supervisor and, where a diving bell or diving submersible is used in the diving operation, the first-aid supplies listed in Part II of Schedule IV, or equivalent first-aid supplies approved in accordance with section 5 for the diving program of which the diving operation is a part, are kept in the diving bell or the compression chamber of the diving submersible; (c) any airtight container used to pack any of the firstaid supplies referred to in paragraph (b) for use in the diving operation has a suitable means of equalizing pressure; (d) where the safe use of the diving plant and equipment depends on the pressure or depth at which it is used, the diving plant and equipment is clearly marked with the maximum working pressure or the maximum depth at which it may be used; (e) any lifeline used in the diving operation has a manufacturer’s breaking strength rating in accordance with an acceptable standard; (f) any gas bottle used in the diving operation is clearly marked with the name and chemical formula of its contents; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Plant and Equipment Section 12 (g) any winch used in the diving operation to raise or lower a skip, diving bell, diving submersible or ADS (i) is so constructed that (A) a brake or mechanical locking device is applied when the control lever, handle or switch is not held in the operating position, (B) the brakes have the capability of stopping and holding 100 per cent of the maximum working load with the outermost layer of wire on the drum, (C) the brakes engage automatically on loss of power, and (D) the lowering and raising of loads is controlled by power drives independent of the brake mechanism, (ii) is not fitted with a pawl and ratchet gear on which the pawl has to be disengaged before commencing a lowering or raising operation, (iii) is so designed as to prevent the possibility of freeze-up when in operation, (iv) is equipped with a lifting wire capable of withstanding a functional test in accordance with an acceptable standard, and (v) complies with an acceptable standard of construction for winches; (h) any prime mover used in the diving operation to operate lifting equipment for a skip, diving bell, diving submersible or ADS is not used for any other purpose; (i) except where alternative lifting equipment is provided for any skip, diving bell, diving submersible or ADS used in the diving operation, an auxiliary prime mover capable of lifting the maximum working load is provided; (j) where, during the diving operation, a skip, diving bell, diving submersible or ADS is being held in position by a hydraulically operated winch that is not equipped with a mechanical locking device, the hydraulic pumps are kept running during the diving operation; (k) where the Minister so determines, pursuant to paragraph 3.2(1)(b) of the Act, any craft or installation used in the diving operation is equipped with Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Plant and Equipment Section 12 (i) a receiver system that is compatible with the relocation transponder system fitted to any diving bell, diving submersible or ADS that is used in the diving operation, and (ii) a hand-held receiver that is suitable for use by a diver or pilot in achieving a final location and that is compatible with the receiver system on the craft or installation and the relocation transponder system on the diving bell, diving submersible or ADS; (l) any skip, diving submersible or ADS used in the diving operation is equipped with (i) a secondary lifting eye or similar device that is of at least the same strength as the primary lifting eye, and (ii) where practicable, an additional cable in the form of a suitable tag rope so designed that, in the event that the primary lifting cable breaks during a water-air interface transport, the tag rope will not permit the skip, diving submersible or ADS to descend to a depth greater than 25 m, and has readily available, for use in an emergency, a secondary lifting cable that has at least the same strength as the primary lifting cable and that is compatible with the secondary lifting eye or similar device; (m) any skip used in the diving operation to transport divers through the water-air interface is (i) large enough to carry, in uncramped conditions, at least two divers with their personal diving equipment, (ii) secured against tipping or spinning, (iii) not encumbered by any equipment that may interfere with an occupant’s foothold or handhold, (iv) equipped with handholds arranged in such a manner that crushed-hand injuries during launch or recovery are avoided, (v) so constructed or equipped that its occupants are secure against falling out of the skip, and (vi) in the case of a skip that is a wet bell, equipped with an additional band mask or full face mask; (n) any diving submersible or ADS used in the diving operation is equipped with Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Plant and Equipment Section 12 (i) a stroboscopic light that is automatically activated in the water and a pinger that operates at a frequency of 37.5 kHz, and (ii) a relocation transponder system that operates at a frequency of 37.5 kHz, where the Minister so determines pursuant to paragraph 3.2(1)(b) of the Act; (o) a secondary source of power that will operate in the event of a failure of the primary source of power is provided for the diving operation, can be brought online rapidly and has sufficient capacity to (i) operate the handling system for any skip, diving bell, diving submersible or ADS used in the diving operation, (ii) heat any compression chamber used in the diving operation and heat, for the period required to complete the diving operation, any diver who is involved in the diving operation and who is in the water, (iii) sustain the life-support system of any compression chamber used in the diving operation and of any diver who makes a dive that is part of the diving operation, (iv) illuminate the interior of any compression chamber used in the diving operation, and (v) operate any communication system and monitoring system used in the diving operation; and (p) where any craft is used in the diving operation, there is provided a safe means of ensuring that the craft is, during the diving operation, (i) at anchor, (ii) made fast to the shore or to an installation, (iii) maintained in position using its propulsion system in accordance with section 25, or (iv) used in such a manner as the Minister determines pursuant to paragraph 3.2(1)(b) of the Act or as approved in accordance with section 5 for the diving program of which the diving operation is a part. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Plant and Equipment Sections 12-13 Communication Systems 13 (1) Subject to subsection (2), no diving contractor shall conduct a diving operation unless there is available for use in the diving operation (a) for communications between the supervisor of the diving operation and any diver or pilot involved in the diving operation (i) a primary communication system that has (A) sound reproduction adequate to enable breathing to be clearly heard and oral communications to be clearly heard and understandable, and (B) a recording device that continuously records all oral communications while a dive is in progress, and (ii) a secondary communication system that allows the supervisor and the divers or pilots to communicate orally in the event of a failure of the primary communication system; and (b) for communications between the supervisor and any person involved in, or in a position to assist in, the diving operation, other than the divers and pilots referred to in paragraph (a), a communication system that meets the requirements of paragraph 6(1)(f). (2) Subsection (1) does not apply to a diving operation where SCUBA is used and where it is impracticable to use the communication systems referred to in that subsection, in which case no diving contractor shall conduct such a diving operation unless there is available for use in the diving operation an alternative method of Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Communication Systems Sections 13-15 communication that is adequate for the type of diving operation and that the supervisor of the diving operation considers suitable for the diving operation. Pressure Vessels 14 No diving contractor who conducts a diving operation shall use or permit to be used in the diving operation a pressure vessel intended for human occupancy unless the pressure vessel is equipped with (a) a breathing mask for each occupant of the pressure vessel; (b) a means of maintaining the oxygen, carbon dioxide, temperature and humidity in the pressure vessel at levels and pressures that are safe for the occupants; and (c) for use in an emergency, a back-up capability to maintain the levels and pressures referred to in paragraph (b) for a minimum of, in the case of a diving bell or the compression chamber of a diving submersible, 24 hours and, in any other case, 48 hours. Compression Chambers 15 No diving contractor who conducts a diving operation shall use or permit to be used a compression chamber in the diving operation unless the compression chamber (a) meets the requirements of section 14; (b) is designed and constructed in accordance with an acceptable standard; (c) provides a suitable environment for its occupants, including amenities appropriate to the type, depth and duration of the diving operation; (d) is equipped with doors that act as pressure seals and that can be opened from both the inside and the outside; (e) is designed to minimize the risk of fire and (i) is constructed of only non-combustible or fireresistant materials, and (ii) is equipped with suitable firefighting capabilities; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Compression Chambers Section 15 (f) is fitted with adequate equipment, including facilities for (i) supplying to and maintaining for its occupants an appropriate breathing mixture, (ii) lighting and heating the compression chamber, and (iii) removing carbon dioxide; (g) is equipped with valves, gauges and other fittings necessary to indicate and control the internal pressures of each compartment from outside the compression chamber; (h) is fitted with piping that has at least one external shut-off valve, where practicable, immediately outside the point at which the piping enters the compression chamber and one internal shut-off valve immediately inside that point; (i) is fitted with hull integrity valves that clearly indicate whether the valves are in the open or closed position and that are clearly labelled by name and number; (j) other than a diving bell and the compression chamber of a diving submersible, is equipped with a built-in breathing system that permits outside dumping of exhaled gas; (k) where appropriate, is equipped with an emergency shut-off valve that automatically shuts off the flow of gas from the compression chamber if the velocity or volume of gas exceeds the preset limit; (l) is equipped with relief valves resistant to marine corrosion; (m) has all of its internal electrical wiring insulated and in conduit, except for the wiring for low-power devices such as telephones; (n) is cleaned and disinfected using only products that are (i) recommended by the manufacturer for that type of use, (ii) well proven for that purpose, (iii) non-toxic at any pressure, (iv) non-corrosive, and (v) safe to use; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Compression Chambers Section 15 (o) where used in a category II dive or a category III dive or, where practicable, in a category I dive, is provided with a coupling arrangement that is suitable for the safe transfer of persons under pressure and that is designed to prevent accidental release; (p) is provided with a clamping mechanism that (i) is suitable for coupling a diving bell with the surface compression chamber, (ii) clearly indicates when the clamping mechanism is fully engaged, and (iii) cannot be disengaged while pressurized; (q) is supplied with breathing mixture through a gas control panel that (i) has distinct indicators of the function of each valve and gauge, and (ii) is designed so as to minimize the possibility of supplying an incorrect breathing mixture; (r) if manufactured after December 31, 1990, (i) is fitted with a device to record continuously and to preserve at least the last recorded four hours of data respecting temperature, oxygen levels, depth, time and oral communications and, where practicable, carbon dioxide and humidity levels, and (ii) where practicable, is provided with a means to permit video monitoring of its occupants; and (s) if manufactured on or before December 31, 1990, meets the requirements set out in paragraph (r) where the Minister so determines pursuant to paragraph 3.2(1)(b) of the Act. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Surface Compression Chambers Sections 16-17 Surface Compression Chambers 16 No diving contractor who conducts a diving operation shall use or permit to be used a surface compression chamber in the diving operation unless the surface compression chamber (a) meets the requirements of sections 14 and 15; (b) contains at least two independently sealable compartments; (c) contains sufficient space in at least one of its compartments to enable each occupant to lie down comfortably in the compartment; (d) where a person will be in the surface compression chamber for a period of eight consecutive hours or less, has an internal vertical diameter of at least 1.5 m; (e) where a person will be in the surface compression chamber for a period of more than eight consecutive hours, has an internal vertical diameter of at least 2 m; (f) is equipped with a medical lock; (g) where the surface compression chamber will be used for a period of more than 12 consecutive hours, has adequate sanitation facilities; (h) if manufactured after December 31, 1990, is fitted with a through-hull connector suitable for medical monitoring of its occupants; and (i) if manufactured on or before December 31, 1990, meets the requirements of paragraph (h) where the Minister so determines pursuant to paragraph 3.2(1)(b) of the Act. Diving Bells 17 No diving contractor who conducts a diving operation shall use or permit to be used a diving bell in the diving operation unless the diving bell (a) meets the requirements of sections 14 and 15; (b) is equipped to permit the safe transfer of persons under pressure to and from a surface compression chamber; (c) is of a design that Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Bells Section 17 (i) provides for an internal space of at least 2 m3 for two-person occupancy and 3 m3 for three-person occupancy, (ii) enables divers to enter and exit without difficulty, and (iii) allows at least two divers dressed-in for a diving operation to be seated comfortably therein; (d) is equipped with valves, gauges and other fittings necessary to control the internal pressure and to indicate both inside the diving bell and at the diving station the internal and external pressures; (e) is so equipped that any valve used to pressurize the diving bell is spring-loaded so as to close when not held in the open position; (f) contains adequate equipment, including reserve facilities, for supplying the appropriate breathing mixture to persons occupying or working from the diving bell, which reserve facilities shall be protected against inadvertent operation and be capable of being brought on-line from inside the diving bell without the assistance of any other person; (g) is equipped with a two-way oral communication system by means of which a person inside the diving bell can communicate with the diving supervisor of the diving operation and, via the diving supervisor, with other persons; (h) contains equipment for lighting and heating the diving bell; (i) is equipped with suitable emergency life-support equipment and provisions for each occupant of the diving bell; (j) is equipped with a lifting device sufficient to enable an unconscious or injured diver to be hoisted into the diving bell by a person located in it; (k) is provided with lifting equipment that enables the diving bell to be lowered to the depth at which the diving operation is to be conducted, to be maintained in its position and to be raised, all without excessive lateral, vertical or rotational movement; (l) is provided with a means whereby, in the event of the failure of the lifting equipment referred to in paragraph (k), the diving bell can be returned to the surface and, where that means involves the shedding of Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Bells Section 17 weights, the controls for that shedding can be operated from within the diving bell, and a means is incorporated to prevent the accidental shedding of those weights; (m) in addition to a primary lifting cable, is equipped with a suitable tag rope so designed that, in the event the primary cable breaks during a water-air interface transport, the tag rope will not permit the diving bell to descend to a depth greater than 25 m; (n) is equipped with a secondary lifting eye, or similar device that is of at least the same strength as the primary lifting eye, and is provided with a secondary lifting cable that is readily available and that has at least the same strength as the primary lifting cable and is compatible with the secondary lifting eye or similar device; (o) is fitted with equipment to enable occupants of the diving bell to monitor the temperature, oxygen and carbon dioxide levels within the diving bell; (p) is equipped with a stroboscopic light that is automatically activated in the water and a pinger that operates at a frequency of 37.5 kHz; (q) where the Minister so determines pursuant to paragraph 3.2(1)(b) of the Act, is fitted with a relocation transponder system that operates at a frequency of 37.5 kHz; (r) where appropriate, is fitted with hull integrity valves and non-return valves on all gas and, where practicable, hot-water circuits connected to the diving bell; (s) if manufactured after December 31, 1990, (i) is so designed that, if necessary, a diver within the diving bell can (A) disconnect or shear the primary lifting cable and the umbilical, (B) disconnect or shear any other attachments that might prevent ascent, (C) start, accelerate, decelerate or stop the ascent, and (D) where practicable, start, accelerate, decelerate or stop the descent, and (ii) is fitted with a device to record continuously and to preserve at least the last recorded four hours of data respecting temperature, oxygen levels, Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Diving Bells Sections 17-19 depth, time, oral communications, internal and external ambient pressure, and the quantity of breathing mixture and electrical power available for use in an emergency and, where practicable, carbon dioxide and humidity levels; and (t) if manufactured on or before December 31, 1990, meets the requirements set out in paragraph (s) where the Minister so determines pursuant to paragraph 3.2(1)(b) of the Act. Diving Submersibles 18 No diving contractor who conducts a diving operation shall use or permit to be used a diving submersible in the diving operation unless (a) the compression chamber of the diving submersible meets the requirements of sections 14, 15 and 17, except paragraphs 17(k) to (n) and subparagraph 17(s)(i); (b) during any period in which the diving submersible is in use, it is (i) resting on the bottom, (ii) firmly secured at or near the work site where it is to be used, or (iii) secured in such a manner as the Minister determines pursuant to paragraph 3.2(1)(b) of the Act or as approved in accordance with section 5 for the diving program of which the diving operation is a part; (c) there is a means of maintaining at a safe level the body temperature of a person in the compression chamber of the diving submersible and a person in the water making a dive from the diving submersible; and (d) a diver is present in the compression chamber of the diving submersible at any time that a dive is in progress. Oxygen Supply Systems 19 (1) Where an oxygen supply system is to be used in a diving operation, the diving contractor who conducts the diving operation shall use or permit to be used only an Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Oxygen Supply Systems Section 19 oxygen supply system the design of which complies with the requirements that: (a) the use of hoses and piping be kept to a minimum; (b) the materials used be compatible with oxygen at the pressures and temperatures for which the oxygen supply system is designed; (c) the possibility of contamination of the oxygen by other gases, and vice versa, be minimized; (d) high-velocity flows of oxygen be avoided; (e) the differential pressure throughout the oxygen supply system be kept as low as is practicable; and (f) quick-shut-off valves not be installed in the oxygen supply system except for one-quarter-turn valves that are connected to lines with reduced oxygen pressure and that may be used in an emergency. (2) A diving contractor who conducts a diving operation shall ensure that (a) any oxygen storage area for the diving operation is (i) adequately ventilated, (ii) properly identified with warning signs, (iii) equipped with a fire suppression system, (iv) kept clear of and located as far as practicable away from combustible materials, and (v) if located in an enclosed area, equipped with an oxygen detector and an alarm designed to give warning of oxygen levels in excess of the concentration of oxygen in the ambient air; (b) any person responsible for handling or otherwise dealing with oxygen is specially trained in that work; and (c) oxygen is transferred using only pumps, compressors or pressure differential systems that are (i) recommended for that purpose by the manufacturer, Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Oxygen Supply Systems Sections 19-22 (ii) operated in accordance with the manufacturer’s instructions, and (iii) operated by a person authorized to do so by the supervisor of the diving operation. Breathing Mixture Supply Systems 20 A diving contractor who conducts a diving operation shall use or permit to be used in the diving operation only a breathing mixture supply system that is so designed that (a) any interruption of the supply of breathing mixture to a person will not affect in any manner the supply of breathing mixture to any other person; and (b) any failure of the primary supply of breathing mixture to a person will not affect in any manner the supply of breathing mixture to that person from that person’s bale-out gas bottle or from the reserve referred to in subparagraph 22(1)(a)(ii). 21 No diving contractor who conducts a diving operation shall use in the diving operation an on-line gas blender or diver’s gas recovery system unless, at all times that the blender or recovery system is in use, (a) there is a buffer tank in use downstream of the blender or recovery system, as the case may be; (b) the blended breathing mixture is constantly analysed for its oxygen content; and (c) the quantity, referred to in clause 22(1)(a)(iii)(C), of appropriate breathing mixture bypassing, in an emergency, the blender or recovery system, as the case may be, is available for immediate use. Quantity and Quality of Breathing Mixture 22 (1) No diving contractor who conducts a diving operation shall conduct or permit the commencement or continuation of the diving operation unless (a) the total quantity of appropriate breathing mixture that is available at any time during the diving operation consists of Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Quantity and Quality of Breathing Mixture Section 22 (i) an adequate quantity to complete the diving operation, (ii) a reasonable quantity for a reserve supply, and (iii) for use in an emergency, an additional supply that is (A) in the case of a diving operation in which a diving bell is used, a sufficient quantity to meet the needs of the occupants of the diving bell for a minimum of 24 hours, (B) in the case of a diving operation in which an ADS is used, a sufficient quantity to meet the needs of the occupants of the ADS for a minimum of 48 hours, (C) in the case of a diving operation in which an on-line gas blender or diver’s gas recovery system is used, a sufficient quantity to allow the divers to continue, interrupt or discontinue the diving operation safely, and (D) in the case of a diving operation in which a surface compression chamber is used, a quantity that is twice the amount required to pressurize the surface compression chamber to a pressure equivalent to the pressure at the greatest depth in respect of which the surface compression chamber will be used in the diving operation; (b) the purity of the breathing mixture is of an acceptable standard; and (c) the quantities referred to in subparagraphs (a)(ii) and (iii) are available for immediate use at a flow rate, temperature and pressure that are safe for the user. (2) No diving contractor shall conduct a diving operation unless (a) any breathing mixture to be used in the diving operation is (i) analysed for the accuracy of its oxygen content and, where practicable, its other contents immediately prior to the commencement of the dive that is part of the diving operation, and (ii) supplied at temperature and humidity levels that are safe; and Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Quantity and Quality of Breathing Mixture Sections 22-24 (b) the levels of oxygen and carbon dioxide in the breathing mixture to be used in the diving operation are maintained at levels that are suitable for the type, depth and duration of the diving operation. Evacuation, Rescue and Treatment Facilities 23 (1) A diving contractor who conducts a diving operation shall provide for the availability of evacuation, rescue and treatment facilities and devices that (a) are suitable for the type, depth and duration of the diving operation and for the environmental conditions under which the diving operation is conducted; and (b) have been approved in accordance with section 5 for the diving program of which the diving operation is a part. (2) The evacuation, rescue and treatment facilities and devices referred to in subsection (1) shall be available (a) for use by persons involved in the diving operation as quickly as possible and within the period of time for which the life-support system of the surface compression chamber, diving bell or ADS used in the diving operation is capable of maintaining the life of the occupants; and (b) where practicable, on site. Medical Services 24 A diving contractor who conducts a diving operation shall (a) ensure that at all times during the diving operation each diving crew involved in the diving operation includes a hyperbaric first-aid technician available on the craft or installation from which the diving operation is conducted; (b) arrange for the services, on a 24 hour a day basis, of a specialized diving doctor, referred to in paragraph 4(3)(d), who is familiar with the diving procedures to Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Medical Services Sections 24-25 be used in the diving operation and who is within a travelling distance of the diving operation that is acceptable to the Minister, to provide medical assistance in the event of an emergency; (c) ensure that an adequate means of communication exists on a 24 hour a day basis between (i) the diving station, or (ii) the craft or installation from which the diving operation is being conducted and the specialized diving doctor referred to in paragraph (b); and (d) locate the nearest surface compression chamber that is compatible with the equipment used in the diving operation and that is suitable for the type, depth and duration of the diving operation to be conducted and shall make arrangements for the use of that surface compression chamber in the event of an emergency. Craft in Dynamically Positioned Mode 25 No diving contractor who conducts a diving operation shall use or permit to be used a craft in the dynamically positioned mode in the diving operation unless that use was specifically approved in accordance with section 5 for the diving program of which the diving operation is a part and the following requirements are complied with: (a) the craft is so designed and constructed that (i) more than one prime mover is available for each fore, aft and thwartship thruster, (ii) in the event of the failure of any prime mover or manoeuvring unit of the craft, the position of the craft can be maintained during the period it would take for the safe recovery of divers, (iii) the arrangement of the thrusters and their size and number enable, in the event of the loss of any thruster of the craft, the heading and the position of the craft to be maintained within the environmental and operational capacity limits of that craft for the time it takes to safely recover any skip, diving bell or ADS used in the diving operation, (iv) for each manoeuvring unit necessary to maintain the craft in the dynamically positioned mode, other than the propellers and energy plant units, there is a reserve duplicate unit and an automatic Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART III Diving Contractors Craft in Dynamically Positioned Mode Section 25 and a manual system to switch from the on-line unit to the duplicate unit, (v) the supervisor on duty at the diving station on the craft can, by means of an alarm system connecting the bridge of the craft to the diving station on the craft, be kept informed by the person who controls the dynamic positioning system of any stationkeeping problems or any other problems that might affect the safety of the diving operation, (vi) a computer system controls the dynamic positioning of the craft and another independent, duplicate computer system is available to take over control automatically in the event of failure of the online computer system, (vii) there are on line at least two reference systems independently linked into each computer system referred to in subparagraph (vi), (b) during any time that a person involved in the diving operation is in the water (i) a person who is responsible for the navigation of the craft and a person who is responsible for the control of the dynamic positioning system are in the control room of the craft, (ii) the machinery spaces of the craft, except those in the pontoons of a semi-submersible craft, are manned, and (iii) in any one manoeuvre, the craft is not moved more than 5 m or the heading of the craft is not changed more than 5°, whichever is the lesser movement in relation to the location of the dive site of the diving operation; and (c) any person who is responsible for the control of the dynamic positioning system of the craft has at least six months experience using both the manual and the automatic modes of that particular system or, where that is impracticable, of a similar system, and at least two weeks briefing by the designer or manufacturer of the craft on the behaviour and hydrodynamics of that craft when operating in the dynamically positioned mode. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART IV Diving Safety Specialists Section 26 PART IV Diving Safety Specialists 26 (1) No operator, pursuant to paragraph 6(1)(a), or diving contractor, pursuant to subsection 9(1), shall engage the services of a person as a diving safety specialist unless the person holds a diving supervisor’s certificate that is issued pursuant to section 71 and that is appropriate to the category of dive in respect of which that person will be giving advice and (a) has passed a test that (i) is acceptable to the Minister; and (ii) indicates that the person has an adequate knowledge of the safety, personnel, technical, operational, management, marketing and regulatory aspects of diving operations appropriate to the category of diving supervisor’s certificate that person holds; or (b) until December 31, 1990, has satisfied the Minister that the person’s knowledge is equivalent to the knowledge described in paragraph (a). (2) A person who has been engaged as a diving safety specialist for a diving program by an operator, pursuant to paragraph 6(1)(a), shall (a) advise the operator on all safety aspects of the diving program including (i) the application for authorization, under paragraph 3.2(1)(b) of the Act, for the diving program, (ii) any application made by the operator for authorization pursuant to subsection 12.2(1) of the Act, and (iii) any decision by the operator to interrupt or discontinue the diving program or any portion of the diving program for safety reasons; and (b) be available on a 24 hour a day basis to advise any person involved in the diving program, including persons making decisions affecting the safety of divers involved in the diving program, on the safety aspects of the diving program. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART IV Diving Safety Specialists Sections 26-27 (3) A person who has been engaged as a diving safety specialist for a diving operation by a diving contractor, pursuant to subsection 9(1), shall (a) advise the diving contractor on all safety aspects of the diving operation; and (b) be available on a 24 hour a day basis to advise any person involved in the diving operation, including any person making decisions affecting the safety of divers involved in the diving operation, on all safety aspects of the diving operation. (4) A diving safety specialist referred to in subsection (2) or (3) shall, in advising any person pursuant to those subsections, take into account as a primary consideration the safety of any divers involved in the diving program or diving operation, as the case may be. PART V Supervisors Supervision of a Category I Diving Operation 27 No person shall supervise a category I diving operation unless the person (a) has been appointed in writing pursuant to paragraph 9(3)(a); (b) has been certified to be medically fit (i) to dive, in accordance with paragraph 53(b), or (ii) to supervise by a medical doctor who has examined the person not more than 12 months prior to the date on which the diving operation is to be conducted and who has recorded the results of the examination on a medical examination record in the form set out in Schedule V, or another form acceptable to the Minister, and in a diving supervisor’s medical certificate in that person’s supervisor’s logbook, referred to in section 51; (c) holds a valid diving supervisor’s certificate issued pursuant to section 28, 30, 32 or 71, or a valid document that is (i) issued by a country other than Canada on the basis of training and experience that are equivalent Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Supervision of a Category I Diving Operation Sections 27-28 to the training and experience required of a person to obtain a certificate pursuant to section 28, 30 or 32, and (ii) acceptable to the Minister; and (d) has satisfied the diving contractor who conducts the diving operation that (i) the person has sufficient diving and supervisory experience and adequate knowledge in the use of the diving plant and equipment to be used in the diving operation, or a similar type of diving plant and equipment, and the breathing mixture to be used in the diving operation, and is familiar with the relevant provisions of the procedures manual referred to in paragraph 4(4)(a) and the contingency plan referred to in paragraph 4(4)(i) to be used in the diving operation, and (ii) the person’s involvement in the diving operation is in no way contrary to any restriction, pursuant to section 35, in that person’s supervisor’s certificate or attached to that person’s document referred to in paragraph (c). Category I Diving Supervisor’s Certificate 28 (1) The Minister may, on application, issue a category I diving supervisor’s certificate that is valid for one year to a person who (a) has (i) been, for at least three years, the holder of a category I diving certificate issued pursuant to section 54 or 71, or a document that is (A) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate pursuant to section 54, and (B) acceptable to the Minister, (ii) been, during the 12 months preceding the application, an assistant diving supervisor for at least 16 category I dives and has supervised at least two Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Category I Diving Supervisor’s Certificate Sections 28-29 real or mock incidents involving decompression sickness, (iii) submitted to the Minister a letter of recommendation that is in the form set out in Schedule VI and is signed by a diving contractor or operator and by a diving supervisor, and (iv) passed a test acceptable to the Minister for a category I diving supervisor’s certificate; (b) held a category I diving supervisor’s certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and who meets the requirements of subparagraphs (a)(ii) and (iii); or (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience required of a person to obtain a certificate pursuant to paragraph (a). (2) The Minister may, on application by the holder of a category I diving supervisor’s certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of that certificate has supervised at least 12 category I dives and at least two real or mock incidents involving decompression sickness during the 12 months preceding the application. Supervision of a Category II Diving Operation 29 No person shall supervise a category II diving operation unless the person (a) has been appointed in writing pursuant to paragraph 9(3)(b); (b) meets the criteria set out in paragraphs 27(b) and (d); and (c) holds a valid diving supervisor’s certificate issued pursuant to section 30, 32 or 71, or a valid document that is (i) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate pursuant to section 30 or 32, and (ii) acceptable to the Minister. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Category II Diving Supervisor’s Certificate Section 30 Category II Diving Supervisor’s Certificate 30 (1) The Minister may, on application, issue a category II diving supervisor’s certificate that is valid for one year to a person who (a) has (i) been, for at least two years, the holder of a category II diving certificate issued pursuant to section 56 or 71, or a document that is (A) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate pursuant to section 56, and (B) acceptable to the Minister, (ii) been, during the 12 months preceding the application, an assistant diving supervisor for at least six category II dives and 10 category I dives and has supervised at least two real or mock incidents involving decompression sickness, (iii) submitted to the Minister a letter of recommendation that is in the form set out in Schedule VI and is signed by a diving contractor or operator and by a diving supervisor who holds a category II or III diving supervisor’s certificate, and (iv) passed a test acceptable to the Minister for a category II diving supervisor’s certificate; (b) held a category II diving supervisor’s certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and who meets the requirements of subparagraphs (a)(ii) and (iii); or (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience required of a person to obtain a certificate pursuant to paragraph (a). (2) The Minister may, on application by the holder of a category II diving supervisor’s certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of that certificate has supervised at least 12 dives, of which at least six were category II dives, and has supervised at least two real or mock incidents Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Category II Diving Supervisor’s Certificate Sections 30-32 involving decompression sickness during the 12 months preceding the application. Supervision of a Category III Diving Operation 31 No person shall supervise a category III diving operation unless the person (a) has been appointed in writing pursuant to paragraph 9(3)(c); (b) meets the criteria set out in paragraphs 27(b) and (d); and (c) holds a valid category III diving supervisor’s certificate issued pursuant to section 32 or 71, or a valid document that is (i) issued by a country other than Canada on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate pursuant to section 32, and (ii) acceptable to the Minister. Category III Diving Supervisor’s Certificate 32 (1) The Minister may, on application, issue a category III diving supervisor’s certificate that is valid for one year to a person who (a) has (i) been, for at least two years, the holder of a category III diving certificate issued pursuant to section 58 or 71, or a document that is (A) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate pursuant to section 58, and (B) acceptable to the Minister, (ii) been, during the 12 months preceding the application, an assistant diving supervisor for at least 16 dives of which at least two were saturation dives and six were category II dives and has supervised at least two real or mock incidents involving decompression sickness, Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Category III Diving Supervisor’s Certificate Sections 32-33 (iii) submitted to the Minister a letter of recommendation that is in the form set out in Schedule VI and is signed by a diving contractor or operator and by two diving supervisors each of whom holds a category III diving supervisor’s certificate, and (iv) passed a test acceptable to the Minister for a category III diving supervisor’s certificate; (b) held a category III diving supervisor’s certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and who meets the requirements of subparagraphs (a)(ii) and (iii); or (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience required of a person to obtain a certificate pursuant to paragraph (a). (2) The Minister may, on application by the holder of a category III diving supervisor’s certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of that certificate has supervised at least 12 dives of which at least one was a saturation dive and at least six were category II dives and has supervised at least two real or mock incidents involving decompression sickness during the 12 months preceding the application. Supervision of an ADS Diving Operation 33 No person shall supervise an ADS diving operation unless the person (a) has been appointed in writing pursuant to paragraph 9(3)(d); (b) meets the criteria set out in paragraph 27(b) and subparagraph 27(d)(ii); (c) has satisfied the diving contractor who conducts the diving operation that the person has sufficient pilot and ADS supervisory experience and adequate knowledge in the use of the type of ADS to be used in the diving operation and is familiar with the relevant provisions of the procedures manual referred to in paragraph 4(4)(a) and the contingency plan referred to in paragraph 4(4)(i) to be used in the diving operation; and Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Supervision of an ADS Diving Operation Sections 33-34 (d) holds a valid ADS supervisor’s certificate issued pursuant to section 34 or 71, or a valid document that is (i) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate pursuant to section 34, and (ii) acceptable to the Minister. ADS Supervisor’s Certificate 34 (1) The Minister may, on application, issue an ADS supervisor’s certificate that is valid for one year to a person who (a) has (i) been, for at least three years, the holder of a pilot’s certificate issued pursuant to section 65 or 71, or a document that is (A) issued by a country other than Canada on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate pursuant to section 65, and (B) acceptable to the Minister, (ii) made at least 20 ADS dives with a total bottom time of at least 80 hours, and (iii) submitted to the Minister a letter of recommendation that is signed by a diving contractor or operator and by an ADS supervisor and that is acceptable to the Minister; (b) held an ADS supervisor’s certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and has supervised at least 10 ADS dives with a total bottom time of at least 25 hours during the 12 months preceding the application; or (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience required of a person to obtain a certificate pursuant to paragraph (a). Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors ADS Supervisor’s Certificate Sections 34-37 (2) The Minister may, on application by the holder of an ADS supervisor’s certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of the certificate has supervised at least six ADS dives with a total bottom time of at least 20 hours during the 12 months preceding the application. Restrictions Respecting Supervisor’s Certificate and Document 35 (1) The Minister may insert in a supervisor’s certificate issued pursuant to section 28, 30, 32, 34 or 71, or attach to a document referred to in subparagraph 28(1)(a)(i), 30(1)(a)(i), 32(1)(a)(i) or 34(1)(a)(i), restrictions with respect to the supervision of a diving operation by the holders of the certificate or the document where the Minister considers such restrictions necessary for safety reasons. (2) Where the Minister inserts a restriction in a certificate or attaches a restriction to a document, pursuant to subsection (1), the Minister shall give the holder of the certificate or the document, as the case may be, an opportunity to show cause why the restriction should not be so inserted or attached. Invalidation of Supervisor’s Certificate 36 (1) The Minister may invalidate a supervisor’s certificate issued pursuant to section 28, 30, 32, 34 or 71 where, in the opinion of the Minister, the holder of the certificate has become incompetent or incapacitated. (2) Where the Minister proposes to invalidate a supervisor’s certificate pursuant to subsection (1), the Minister shall give the holder of the certificate at least 30 days’ notice in writing setting out the reasons for the proposed invalidation and shall give the holder an opportunity to show cause why the certificate should not be invalidated. Duties of Supervisors 37 (1) No diving supervisor shall, in a diving operation supervised by the diving supervisor, permit a person to make (a) a category I dive in the diving operation unless the person meets the criteria set out in section 53, 55 or 57; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Duties of Supervisors Sections 37-38 (b) a category II dive in the diving operation unless the person meets the criteria set out in section 55 or 57; or (c) a category III dive in the diving operation unless the person meets the criteria set out in section 57. (2) No ADS supervisor shall, in an ADS diving operation supervised by the ADS supervisor, permit a person to make an ADS dive in the diving operation unless the person meets the criteria set out in section 64. (3) No supervisor shall, in a diving operation under his supervision, permit a person to be involved in the diving operation where the supervisor believes on reasonable grounds that the person is unfit to be involved in that diving operation or that the involvement of that person in the diving operation could compromise the safety of other persons involved in the diving operation. (4) A diving supervisor shall plan dives in such a manner that the total bottom time of a diver supervised by the supervisor does not exceed, in any 24 hour period, (a) in the case of a category I dive (i) five hours at depths of 20 m or less, or (ii) three hours at depths of more than 20 m; (b) in the case of a category II dive, three hours; and (c) in the case of a category III dive, eight hours. (5) A diving supervisor shall plan a diving operation in such a manner that, where practicable, a diving bell is used in the diving operation for any dive to a depth of more than 30 m that requires surface decompression. (6) An ADS supervisor shall ensure that a pilot supervised by the supervisor does not remain underwater, in any 24 hour period, for more than a total of eight hours. (7) A supervisor shall ensure that, following a dive under his supervision, the diver or pilot who made the dive has an adequate rest period. 38 (1) The supervisor of a diving operation shall be present at the diving station from which the diving operation is controlled at all times during the diving operation or during the period in which the supervisor is on duty, as the case may be, and shall Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Duties of Supervisors Section 38 (a) directly control the diving operation; (b) use, during the total dive time of the diving operation, a sufficient number of trained persons to operate the diving plant and equipment used in that diving operation; and (c) follow the relevant provisions of the applicable procedures manual for that diving operation. (2) Notwithstanding any other provision of these Regulations, the supervisor of a diving operation may, in the case of an emergency, allow or direct the use of diving techniques, equipment and procedures not permitted by these Regulations where that use provides the only available practicable means of ensuring or enhancing the safety of the persons involved in the diving operation. (3) The supervisor of a diving operation shall interrupt or discontinue the diving operation where (a) continuation of the diving operation would or is likely to compromise the safety of any person involved in the diving operation; (b) the water currents at the underwater work site of the diving operation are likely to compromise the safety of a diver or pilot involved in the diving operation; or (c) combustible material is stored too close for safety to any diving plant and equipment used in the diving operation. (4) The supervisor of a diving operation that involves the use of a diving submersible shall, where practicable, discontinue the diving operation where the unused stored electrical power of the diving submersible reaches 20 per cent of the electrical power capacity of the diving submersible, excluding the back-up capability referred to in paragraph 14(c). (5) Where the supervisor of a diving operation wishes to commence or continue the diving operation and the person in charge of the craft or installation from which the diving operation is being conducted considers that the commencement or continuation of the diving operation would compromise the safety of any person on the craft or installation or the safety of the craft or installation, the decision of the person in charge of the craft or installation respecting the commencement or continuation of the diving operation shall overrule the supervisor’s decision. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Duties of Supervisors Sections 38-39 (6) In the event of an accident, the supervisor of the diving operation shall (a) take such measures as are necessary to provide treatment to any person injured in the accident and to ensure the safety of the persons involved in the diving operation; (b) interrupt the diving operation or any portion of the diving operation that may have caused or contributed to the accident until the diving operation or portion of the diving operation can be safely resumed; (c) deliver the diving operations logbook referred to in paragraph 9(5)(m) to the operator responsible for the diving operation as soon as possible after the accident; (d) keep the site of the accident undisturbed until a conservation engineer has completed inspection of the site; (e) prepare a written report that contains a description of the accident, a summary of the events that led to the accident and the measures taken following the accident; and (f) deliver to the operator responsible for the diving operation the report referred to in paragraph (e). 39 (1) No supervisor shall conduct a diving operation unless (a) prior to the commencement of a dive that is part of the diving operation, the supervisor has consulted the person in charge of the craft or installation from which the diving operation will be conducted and any other person whose assistance the supervisor considers necessary for the dive; (b) the supervisor has taken into account, in any decision respecting the diving operation, the meteorological data available to the supervisor and the environmental conditions in the area of the proposed dive site; (c) protective headgear is available for any diver involved in the diving operation at any time that the diver is at or below the surface of the water and, where practicable, at any time the diver is transported in a skip; (d) during any period of darkness or low visibility Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Duties of Supervisors Section 39 (i) any diver involved in the diving operation is provided with, and has attached to the diver’s person, a lamp or other suitable device that indicates the diver’s location, and (ii) where the nature of the diving operation permits, the dive site and the underwater work site of the diving operation is adequately illuminated; (e) any standby diver involved in the diving operation has an umbilical at least 3 m longer than the umbilical of the diver for whom the stand-by diver acts as standby; (f) the divers and pilots involved in the diving operation are protected from any danger or hazards that could be caused by (i) sonar, (ii) devices emitting electromagnetic or ionizing radiation, (iii) the propeller and the manoeuvring unit of any craft from which the diving operation is being conducted and the flows of water created by the propeller and the manoeuvering unit, (iv) the normal movements of a craft referred to in subparagraph (iii) and any movements of the craft caused by unexpected loss of power or stability, (v) any suction or water current encountered in or resulting from the diving operation, and (vi) equipment on a craft or an installation from which the diving operation is being conducted; and (g) plans have been made, in the event a craft from which the diving operation is being conducted loses power, to protect and to recover a diver or pilot involved in the diving operation who is in the water. (2) No diving supervisor shall permit a diver supervised by the supervisor to enter the water unless (a) the diver (i) is wearing a diving harness complete with a pelvic support and lifting ring and is equipped, where practicable, with a depth indicator capable of being monitored from the surface, and (ii) has a bale-out gas bottle that is independent of the primary supply of breathing mixture to the diver; and Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Duties of Supervisors Sections 39-40 (b) all impressed current cathodic protection devices situated within a radius of 5 m from the diver’s underwater work site are deactivated and the notice referred to in subparagraph 6(1)(g)(ii) is prominently displayed on the controls of those devices, or other equally effective measures are taken to ensure the safety of any diver within a radius of 5 m of any active impressed current cathodic protection devices. Restrictions Respecting Dive Sites 40 (1) No diving supervisor shall permit a diver supervised by the supervisor to make a dive that is part of a diving operation from (a) a place referred to in paragraph 6(1)(b) that is unsuitable; (b) a craft that has insufficient power or stability for the safe conduct of the dive; (c) a dive site located more than 2 m above the water unless a suitable skip, diving bell or diving submersible is used to transport the diver through the airwater interface; (d) a dynamically positioned craft unless (i) the craft has been operating in the dynamically positioned mode for at least 30 minutes before the diver enters the water, (ii) the range of surge or sway movement of the water at the dive site is less than 80 per cent of the maximum operational capacity limit of the craft, (iii) a skip or a diving bell is positioned as close as possible to the diver’s underwater work site, (iv) all reasonable precautions are taken to prevent any umbilical used in the dive from coming into contact with any propeller or manoeuvring unit of the craft, (v) any change of heading or positioning of the craft, at any time a diver involved in the diving operation is in the water, is made only after the diving supervisor has granted permission for the change and the diver has been notified, and (vi) the craft complies with the requirements of section 25; and Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Restrictions Respecting Dive Sites Sections 40-41 (e) a craft that is under way, except in the case of an emergency. (2) For the purposes of subsection (1), a craft that is operating in the dynamically positioned mode and that complies with the requirements of section 25 is not considered to be under way. (3) No supervisor shall conduct a diving operation unless the person in charge of the craft or installation from which the diving operation is to be conducted has been notified of the proposed diving operation. Restricted Use of SCUBA 41 No diving supervisor shall use or permit to be used SCUBA in a diving operation supervised by the supervisor except where any other diving technique is impracticable or hazardous to use and unless (a) the diving operation is conducted in water that is less than 20 m deep; (b) the diving operation can be completed without the need for decompression; (c) the diver using SCUBA is connected to a lifeline or, where the use of a lifeline is impracticable, (i) the diver is in contact, visually or orally, with another diver who is in the water, securely connected to a lifeline and assisted by an attendant at the dive site, or (ii) some other effective method of ensuring that diver’s safety is provided; (d) there is a practical means of communication between the supervisor and the diver using SCUBA and there is a means of oral communication between the supervisor and other personnel involved in the diving operation; (e) the diving crew for the duration of the diving operation includes a minimum of one supervisor, one diver, one stand-by diver and as many attendants as the supervisor considers necessary to ensure the safety of the divers involved in the diving operation; and (f) all applicable provisions of these Regulations are complied with. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Restricted Use of SCUBA Sections 41-42 Restrictions Respecting Category I Diving Operations 42 No diving supervisor shall conduct a category I diving operation, other than a diving operation in which SCUBA is used, unless (a) a suitable skip is used to transport the divers involved in the diving operation to an underwater work site that is 20 m or more in depth and, where practicable, to an underwater work site that is less than 20 m in depth; (b) an umbilical directly from the surface or via a skip is used to supply the appropriate breathing mixture to the divers involved in the dive that is part of the diving operation; (c) the supervisor is in oral communication with any divers, stand-by divers and attendants involved in the diving operation at all times during the diving operation; (d) the supervisor has a means of monitoring the depth of each diver involved in the diving operation and the pressure of the breathing mixture being supplied to each diver and stand-by diver involved in the dive; (e) each diver involved in the dive is securely connected to a lifeline; and (f) the diving crew for the duration of the diving operation, includes one diving supervisor, one diver and a minimum of (i) one stand-by diver equipped with an umbilical at least 3 m longer than the umbilical of the diver for whom the stand-by diver acts as stand-by, (ii) one attendant at the dive site of the diving operation, and (iii) as many additional attendants as the supervisor considers necessary to ensure the safety of the divers involved in the diving operation. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Restrictions Respecting Category II Diving Operations Sections 43-44 Restrictions Respecting Category II Diving Operations 43 No diving supervisor shall conduct a category II diving operation unless (a) the requirements referred to in paragraphs 42(c) to (e) are complied with; (b) a diving bell or diving submersible is used for any descent or ascent of a diver to or from the underwater work site of the diving operation; (c) the diving supervisor has a means of monitoring the internal pressure of any diving bell or surface compression chamber or the compression chamber of any diving submersible used in the diving operation; and (d) the diving crew, for the duration of the diving operation, includes one diving supervisor and a minimum of (i) two divers who are in the diving bell or diving submersible used in the diving operation, one of whom is equipped with an umbilical at least 3 m longer than the umbilical of the diver for whom the stand-by diver acts as stand-by, (ii) one additional stand-by diver and one attendant at the dive site of the diving operation, and (iii) as many additional attendants as the supervisor considers necessary to ensure the safety of the divers involved in the diving operation. Restrictions Respecting Category III Diving Operations 44 (1) No diving supervisor shall, in a saturation dive supervised by the supervisor, permit the total dive time of any diver involved in the dive to exceed 31 days. (2) No diving supervisor shall conduct a category III diving operation unless the diving crew, for the duration of the dive, includes the persons referred to in paragraph 43(d) and as many additional specialists and life-support technicians as the diving supervisor considers necessary to ensure the safety of the divers involved in the dive. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Restriction Respecting Diving Supervisors Sections 45-46 Restriction Respecting Diving Supervisors 45 No diving supervisor shall make a dive while supervising a diving operation, even in the case of an emergency. Additional Duties 46 (1) Where a skip, diving bell, diving submersible or ADS used in a diving operation is being lowered into or raised from the water, the supervisor of the diving operation shall ensure that the skip, diving bell, diving submersible or ADS, as the case may be, is continuously within the supervisor’s vision, either directly or by any other means. (2) Where, in a diving operation, a diving bell is coupled with a surface compression chamber by means of a clamping mechanism, the supervisor of the diving operation shall permit only a person who is familiar with the operational procedures designed for the clamping mechanism to operate that clamping mechanism. (3) Where, in a diving operation, a person is transferred to or from a diving bell, the supervisor of the diving operation shall ensure that any surface compression chambers used in the diving operation but not used in the transfer are, during the transfer, isolated from the surface compression chambers used in the transfer. (4) Where a diver involved in a diving operation exhibits any unusual psychological or physiological symptoms or any severe symptoms of decompression sickness, the diving supervisor of the diving operation shall advise the specialized diving doctor referred to in paragraph 4(3)(d) and the operator responsible for that diving operation of those symptoms and shall supervise any therapeutic recompression or decompression of the diver. (5) A diving supervisor shall take all reasonable precautions to ensure that, except in the event of the evacuation of a diver during a diving operation supervised by the diving supervisor, (a) a diver involved in the diving operation who has completed a dive does not fly in an aircraft (i) for 12 hours following a non-decompression dive, (ii) for 24 hours following decompression, or Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Additional Duties Sections 46-47 (iii) for such longer period as the diving supervisor considers necessary to ensure that the diver does not suffer decompression sickness; and (b) a diver involved in the diving operation who has completed a saturation dive remains under observation in the general area of the decompression chamber for at least 24 hours after decompression or such longer period as is sufficient in the opinion of the diving supervisor to ensure the well-being of the diver. (6) A diving supervisor shall take all reasonable precautions to ensure that, in the evacuation of a person during a diving operation supervised by the supervisor, a person involved in the diving operation who has completed decompression within the preceding 24 hours does not fly in an aircraft at an altitude greater than is operationally necessary in the circumstances. Diving Plant and Equipment 47 (1) No supervisor shall conduct a diving operation unless (a) the diving plant and equipment referred to in paragraph 9(5)(h) meets the relevant requirements of sections 12 to 21, is available for use when required and that diving plant and equipment, other than diving plant and equipment intended to be mobile during the diving operation, is, at all times during the diving operation, firmly secured to the craft or installation from which the diving operation is conducted; and (b) any electrically operated diving plant and equipment that is used in the diving operation is suitable for the location in which it is to be used and is protected from hazards caused by water and environmental conditions. (2) No supervisor shall, in a diving operation supervised by the supervisor, use any diving plant and equipment in the diving operation unless (a) the appropriate examinations and tests referred to in subsection 11(1) have been carried out on the diving plant and equipment and the certificates related to those examinations and tests have been inserted into or attached to the register referred to in subsection 11(3); and Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Diving Plant and Equipment Sections 47-48 (b) the supervisor has, not more than 24 hours before such use, (i) examined the diving plant and equipment in accordance with the relevant provisions of the applicable procedures manual and found it to be in good working order, and (ii) where appropriate, in addition to the examination referred to in subparagraph (i), tested for leaks any pump, compressor, cylinder or pipeline used in the diving operation to convey breathing mixture and found it free from leaks. (3) No diving supervisor shall conduct a dive unless a two-compartment compression chamber (a) that has been approved in accordance with section 5 for the diving program of which the dive is a part, to be used at a pressure that is not less than six atmospheres absolute and, where the maximum working pressure that may be encountered during the dive is greater than six atmospheres absolute, at the maximum working pressure plus one atmosphere, and (b) that is suitable for the dive is located in a readily accessible place on board the craft or installation from which the dive is conducted, except where the dive is conducted at a depth of 10 m or less, in which case the compression chamber may be located within one hour’s travelling time from the dive site. Oxygen Supply Systems and Breathing Mixture Supply Systems 48 (1) No supervisor shall conduct a diving operation in which (a) an oxygen supply system is used unless the oxygen supply system meets the requirements set out in section 19; (b) a breathing mixture supply system is used unless the breathing mixture supply system meets the requirements set out in sections 20 and 21; and (c) an analyser is used to determine the relative levels of oxygen and carbon dioxide during any dive that is part of the diving operation unless the analyser is recalibrated in accordance with the manufacturer’s instructions for that analyser prior to the dive. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Oxygen Supply Systems and Breathing Mixture Supply Systems Sections 48-49 (2) Where an analyser is used continuously in a diving operation to determine the relative levels of oxygen and carbon dioxide during any dive that is part of the diving operation, the supervisor of the dive shall ensure that the analyser is recalibrated in accordance with the manufacturer’s instructions for that analyser, where practicable, every two hours. (3) No diving supervisor shall, in a diving operation supervised by the supervisor, use or permit to be used an on-line gas blender or a diver’s gas recovery system in the diving operation unless throughout the period that the blender or the diver’s gas recovery system is in use the requirements of section 21 are complied with. Breathing Mixture 49 (1) No supervisor shall commence or continue a diving operation unless (a) the total quantity of appropriate breathing mixture that is available at any time during the diving operation consists of the quantities set out in section 22; (b) the purity of the breathing mixture is of an acceptable standard; and (c) the quantities of breathing mixture referred to in subparagraphs 22(1)(a)(ii) and (iii) are available for immediate use at a flow rate, temperature and pressure that are safe for the user. (2) No supervisor shall permit a diver supervised by the supervisor to make a dive unless (a) the total quantity of appropriate breathing mixture, including the reserve supply, (i) carried by the diver is sufficient to enable that diver to reach a skip, diving bell or diving submersible used in connection with the dive, a reserve supply referred to in subparagraph 22(1)(a)(ii) or the surface, and (ii) available to the diver’s stand-by diver for immediate use consists of an adequate quantity to enable the stand-by diver to reach the diver and to enable the stand-by diver and the diver (A) to carry out appropriate decompression procedures and return to the surface, or Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Breathing Mixture Sections 49-50 (B) to return to the skip, diving bell or diving submersible used in connection with the dive and to carry out appropriate decompression procedures either in that skip, diving bell or diving submersible, as the case may be, or at the surface; and (b) the supervisor has analysed the breathing mixture for the accuracy of its oxygen content immediately prior to the dive. (3) No supervisor shall, in a diving operation supervised by the supervisor, use or permit to be used (a) compressed air as a breathing mixture at water depths greater than 50 m or at pressures that are equivalent to the pressures of water depths greater than 50 m except in the case of a category III dive; or (b) pure oxygen as a breathing mixture except for decompression or therapeutic purposes. (4) A supervisor shall protect any breathing mixture to be used in a diving operation supervised by the supervisor from any likelihood of contamination. (5) Where a diving supervisor becomes aware of any oil or other contaminant in waters in which a diving operation supervised by the supervisor is being conducted, that supervisor shall take all necessary steps to avoid any contamination of any diver in the water and of the ambient atmosphere in any compression chamber used in the diving operation. Diving Operations Logbooks 50 (1) A supervisor shall enter in the diving operations logbook referred to in paragraph 9(5)(m), for each diving operation or portion of a diving operation supervised by the supervisor, (a) the date and the time the diving operation was commenced and terminated including any time during which the diving operation was interrupted, or the date and the time at which the supervisor began the supervision and the time at which that supervision ended; (b) the name of the diving contractor, if any, who conducted the diving operation; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Diving Operations Logbooks Section 50 (c) the name of the operator or the operator’s representative responsible for the diving operation; (d) the name or other designation and the location of the craft or installation from which, or other dive site at which, the diving operation was conducted; (e) the identification number of any dive supervised during the diving operation or during the period of supervision referred to in paragraph (a); (f) the name of the supervisor, the names of all other persons involved in the diving operation including those who operated any diving plant and equipment used in the diving operation, the names of the persons consulted pursuant to paragraph 39(1)(a) and the names of any other persons consulted in respect of the diving operation and the positions or titles of all the persons named; (g) the procedures followed during the diving operation; (h) the decompression table and the schedule in that decompression table that were used in the diving operation; (i) the time at which any diver involved in the diving operation and any skip, diving bell, diving submersible or ADS used in the diving operation left the surface and returned to the surface; (j) the maximum depth, bottom time, dive time and total dive time for each dive conducted during the period of supervision referred to in paragraph (a); (k) the type of diving plant and equipment and the type of breathing mixture used in the diving operation; (l) the type of discomfort, injury or illness, including decompression sickness, suffered by any person involved in the diving operation; (m) the particulars of any environmental conditions that affected or might have affected the diving operation; and (n) any other factor relevant to the safety or health of any person involved in the diving operation. (2) A supervisor shall, after completion of an entry in the diving operations logbook in accordance with subsection (1), immediately sign the entry and request the operator or the operator’s representative responsible for the diving operation to countersign the entry as soon as possible. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Diving Operations Logbooks Sections 50-51 (3) No person shall make any alteration to an entry in a diving operations logbook referred to in subsection (1) unless the alteration is initialled by the supervisor who made the entry and by the person who countersigned the entry. (4) The supervisor of a diving operation shall produce, on request, the diving operations logbook for the diving operation for inspection by a conservation engineer pursuant to paragraph 43(b) of the Act. (5) At the time there is no space for further entries in a diving operations logbook for a diving operation, or at the time the diving operation is completed, whichever occurs first, the supervisor who made the last entry in the logbook shall deliver the logbook to the diving contractor who conducted the diving operation, but, in the event of an accident in connection with the diving operation, the supervisor on duty at the time of the accident shall deliver the logbook to the operator responsible for the diving operation as soon as possible after the accident. Supervisor’s Logbooks 51 (1) A supervisor shall keep a logbook that is permanently bound, has numbered pages and contains the name and signature of the supervisor and a photograph that is a likeness of the supervisor. (2) A supervisor shall, as soon as possible after supervision of a dive or after a period of supervision of a portion of a dive, enter in the logbook referred to in subsection (1), for each dive or portion of a dive supervised by the supervisor, (a) the date of the dive; (b) the name of the diving contractor, if any, who conducted the dive; (c) the name of the operator or the operator’s representative responsible for the diving operation; (d) the name or other designation and location of the craft or installation from which, or other dive site at which, the dive was conducted; (e) the dive identification number referred to in paragraph 50(1)(e); (f) the name of each diver or pilot supervised; (g) the maximum depth, bottom time and dive time of the dive; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Supervisor’s Logbooks Section 51 (h) the decompression table and the schedule in that decompression table that were used in the dive; (i) details of any medical care or advice given and the type of therapeutic treatment used, if any; (j) any emergency in connection with the dive; and (k) any other factor relevant to the safety or health of any person involved in the dive. (3) A supervisor shall, after completion of an entry in the supervisor’s logbook in accordance with subsection (2), immediately sign the entry and request the operator or the operator’s representative responsible for the dive to countersign the entry as soon as possible. (4) No person shall make any alteration to an entry in a supervisor’s logbook referred to in subsection (1) unless the alteration is initialled by the supervisor and by the person who countersigned the entry. (5) A supervisor shall produce, on request, the supervisor’s logbook referred to in subsection (1) for inspection by (a) a conservation engineer pursuant to paragraph 43(b) of the Act; and (b) the diving doctor who examines the supervisor for the purposes of these Regulations, at the time of the examination. (6) A supervisor shall keep in the supervisor’s logbook referred to in subsection (1) (a) the supervisor’s diving supervisor’s certificate or ADS supervisor’s certificate; (b) the supervisor’s written appointment as a supervisor pursuant to subsection 9(3); (c) any certificates or other evidence of qualification in addition to those referred to in paragraph (a); and (d) any certificates or other evidence of medical examination received from a diving doctor. (7) A supervisor shall retain the supervisor’s logbook referred to in subsection (1) for a period of not less than two years after the day of the last entry made in it. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART V Supervisors Keeping of Records Sections 52-53 Keeping of Records 52 (1) Where a person involved in a diving operation is in a compression chamber, the supervisor of the diving operation shall keep a record or ensure that a record is kept, at regular intervals of not more than 30 minutes, of the time and the depth gauge readings and of the main components of the atmosphere in the compression chamber, including (a) the oxygen and carbon dioxide; and (b) the temperature and humidity. (2) The supervisor of a diving operation shall keep a record of (a) the results of any analyses of any breathing mixture used, (b) any scheduled and unscheduled maintenance performed on any component of the diving plant and equipment used, and (c) the results of any readings taken pursuant to subsection (1), and shall keep a copy of any certifications and inspections carried out on the diving plant and equipment used. (3) On completion of a diving operation, the supervisor of the diving operation shall deliver the records and copies kept pursuant to subsection (2) to the diving contractor who conducted the diving operation. (4) The supervisor of a diving operation shall make a tape recording of all communications between the divers or the pilots involved in a dive that is part of the diving operation and the supervisor during the pre-dive system check and during the dive and shall retain the tape recording for a minimum of 48 hours after the completion of the diving operation. PART VI Divers Category I Dives 53 No person shall make a category I dive in a diving operation unless the person (a) is 18 years of age or older; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Category I Dives Section 53 (b) has been certified to be medically fit to dive by a diving doctor who has (i) inspected the person’s diver’s logbook referred to in section 63, (ii) examined the person not more than 12 months prior to the period during which the diving operation is to be conducted, and (iii) recorded the results of the examination including, in the case of a person 35 years of age or older, the results of a stress ECG performance test on a treadmill or a bicycle, on a medical examination record in the form set out in Schedule VII or in another form acceptable to the Minister, and on a diver’s medical certificate in the person’s diver’s logbook; (c) has delivered a copy of the diver’s medical certificate referred to in paragraph (b) to the diving contractor who conducts the diving operation; (d) holds (i) a valid category I diving certificate issued pursuant to section 54 or 71, (ii) during the first year in which the person makes category I dives in a diving operation, a valid document that is (A) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience referred to in paragraph 54(1)(a), and (B) acceptable to the Minister, (iii) a valid category II diving certificate issued pursuant to section 56 or 71 or a valid document referred to in paragraph 55(1)(b), or (iv) a valid category III diving certificate issued pursuant to section 58 or 71 or a valid document referred to in paragraph 57(1)(b); and (e) has satisfied the supervisor of the diving operation that (i) the person is capable of using, and has sufficient experience in the use of, the type of diving plant and equipment and breathing mixture to be used in the diving operation and is familiar with the relevant provisions of the procedures manual referred to in paragraph 4(4)(a) and the contingency plan Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Category I Dives Sections 53-54 referred to in paragraph 4(4)(i) to be followed in the diving operation, and (ii) the person’s involvement in the diving operation is in no way contrary to any restriction (A) inserted in that person’s diving certificate or attached to that person’s document referred to in paragraph (d) pursuant to section 59, or (B) inserted in that person’s diver’s medical certificate pursuant to section 60. Category I Diving Certificates 54 (1) The Minister may, on application, issue a category I diving certificate that is valid for one year to a person who has attained a standard of competence in category I diving that is acceptable to the Minister and who (a) holds a first-aid certificate acceptable to the Minister and has (i) successfully completed, at a school, institution or company acceptable to the Minister, training in the theoretical and practical aspects of diving appropriate to category I diving, including (A) the use of air as a breathing mixture, (B) surface-oriented diving techniques and operational procedures, (C) diving techniques and operational procedures for use with SCUBA, (D) the use and operation of any diving plant and equipment, including hand-held tools, (E) the use of communications systems, (F) the use of decompression tables, (G) emergency procedures, including hyperbaric first-aid techniques and the operation of surface compression chambers, and (H) a thorough study of these Regulations, and (ii) made at least 50 dives in various environmental conditions and locations and for various purposes with a bottom time totalling at least 50 hours, including (A) at least 40 dives to depths of up to 20 m with a bottom time totalling at least 43 hours, of Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Category I Diving Certificates Sections 54-55 which at least 10 were dives to depths of between 15 m and 20 m with a bottom time totalling at least seven hours, and (B) at least 10 dives to depths of between 20 m and 50 m with a bottom time totalling at least seven hours, of which at least three hours were at depths of between 40 m and 50 m and at least one hour was at a depth of at least 50 m; (b) held a category I diving certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and who made at least 28 dives with a bottom time totalling at least 24 hours during the 12 months preceding the application; (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience described in paragraph (a); or (d) holds a valid document referred to in paragraph 53(d). (2) The Minister may, on application by the holder of a category I diving certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of the certificate has made at least 24 category I dives with a bottom time totalling at least 20 hours during the 12 months preceding the application. Category II Dives 55 (1) Subject to subsection (2), no person shall make a category II dive in a diving operation unless the person (a) meets the criteria set out in paragraphs 53(a) to (c) and (e); and (b) holds (i) a valid category II diving certificate issued pursuant to section 56 or 71, (ii) during the first year in which the person makes a category II dive in a diving operation, a valid document that is Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Category II Dives Sections 55-56 (A) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience referred to in paragraph 56(1)(a), and (B) acceptable to the Minister, or (iii) a valid category III diving certificate issued pursuant to section 58 or 71 or a valid document referred to in paragraph 57(1)(b). (2) A diver who holds a category I diving certificate may make a category II dive for training purposes in a diving operation where (a) the diver is employed in a diving program on a full-time basis to make category I dives; (b) the dive is authorized as a training dive by the operator or the operator’s representative responsible for the diving operation and the person in charge of the craft or installation from which the dive will be conducted; and (c) the diver makes the dive under the close supervision of a diver who holds a category II or category III diving certificate. Category II Diving Certificates 56 (1) The Minister may, on application, issue a category II diving certificate that is valid for one year to a person who has attained a standard of competence in category II diving that is acceptable to the Minister and who (a) has (i) successfully completed, at a school, institution or company acceptable to the Minister, training in the theoretical and practical aspects of diving appropriate to category II diving, including (A) the use of mixed gas as a breathing mixture, (B) mixed gas diving techniques and operational procedures, (C) the use and operation of any diving plant and equipment, Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Category II Diving Certificates Section 56 (D) any type of underwater work generally done by a diver, (E) the use of communications systems, (F) emergency procedures, including hyperbaric first-aid techniques and the operation of compression chambers, and (G) a thorough study of these Regulations, and (ii) been employed to make category I dives for at least the 12 months preceding the application and has made at least 60 dives in a diving bell or diving submersible with a bottom time totalling at least 20 hours, including at least 30 lock-out dives of which four were to a depth of more than 50 m, two were to a depth of more than 80 m and one was to a depth of 100 m or more, with a bottom time totalling at least 30 minutes per lock-out dive; (b) held a category II diving certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and who made at least 28 dives with a bottom time totalling at least 24 hours of which at least 10 dives were category II dives with a bottom time totalling at least 10 hours during the 12 months preceding the application; (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience described in paragraph (a); or (d) holds a valid document referred to in paragraph 55(1)(b). (2) The Minister may, on application by the holder of a category II diving certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of the certificate has made at least 24 dives with a bottom time totalling at least 20 hours, including at least eight category II dives with a bottom time totalling at least eight hours during the 12 months preceding the application. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Category III Dives Sections 57-58 Category III Dives 57 (1) Subject to subsection (2), no person shall make a category III dive in a diving operation unless the person (a) meets the criteria set out in paragraphs 53(a) to (c) and (e); and (b) holds a valid category III diving certificate issued pursuant to section 58 or 71 or, during the first year in which the person makes a category III dive in a diving operation, a valid document that is (i) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience described in paragraph 58(1)(a), and (ii) acceptable to the Minister. (2) A diver who holds a category II diving certificate may make a category III dive for training purposes in a diving operation where (a) the diver is employed in a diving program on a full-time basis to make category II dives; (b) the dive is authorized as a training dive by the operator or the operator’s representative responsible for the diving operation and the person in charge of the craft or installation from which the dive will be conducted; and (c) the diver makes the dive under the close supervision of a diver who holds a category III diving certificate. Category III Diving Certificates 58 (1) The Minister may, on application, issue a category III diving certificate that is valid for one year to a person who has attained a standard of competence in category III diving that is acceptable to the Minister and who (a) has (i) successfully completed, at a school, institution or company acceptable to the Minister, training in the theoretical and practical aspects of diving appropriate to category III diving, including Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Category III Diving Certificates Section 58 (A) at least one saturation dive to a depth of not less than 75 m with at least two lock-out dives with a bottom time totalling at least 30 minutes per lock-out dive, (B) saturation diving techniques and operational procedures, (C) the use and operation of any diving plant and equipment, (D) any type of underwater work generally done by a diver, (E) emergency procedures relevant to saturation diving, including hyperbaric first-aid techniques and the operation of compression chambers, and (F) a thorough study of these Regulations, and (ii) been employed to make category II dives for at least the two years preceding the application and has made at least 24 category II dives; (b) held a category III diving certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and who made at least 28 dives with a bottom time totalling at least 32 hours, including at least 10 category II dives with a bottom time totalling at least 10 hours and at least one saturation dive during the 12 months preceding the application; (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience referred to in paragraph (a); or (d) holds a valid document referred to in paragraph 57(1)(b). (2) The Minister may, on application by the holder of a category III diving certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of that certificate has made at least 24 dives with a bottom time totalling at least 24 hours, including at least eight category II dives from a diving bell or diving submersible with a bottom time totalling at least eight hours and at least one saturation dive during the 12 months preceding the application. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Restrictions Respecting Diving Certificates and Documents Sections 59-61 Restrictions Respecting Diving Certificates and Documents 59 (1) The Minister may insert in a diving certificate issued pursuant to section 54, 56, 58 or 71, or attach to a document referred to in paragraph 53(d), 55(1)(b) or 57(1)(b), restrictions on diving by the holder of the certificate or document where the Minister considers those restrictions necessary for safety reasons. (2) Where the Minister inserts a restriction in a certificate or attaches a restriction to a document pursuant to subsection (1), the Minister shall give the holder of the certificate or document, an opportunity to show cause why that restriction should not be inserted or attached. Restrictions Respecting Medical Certificates 60 (1) A diving doctor who examines a diver for the purposes of paragraph 53(b) or section 71 may insert in the diver’s medical certificate medical restrictions on diving by the holder of the medical certificate where the diving doctor considers those restrictions necessary for safety reasons. (2) Where a diving doctor inserts medical restrictions in a diver’s medical certificate pursuant to subsection (1) or certifies in a medical certificate in a diver’s logbook that the diver is medically unfit to dive, the Minister shall, on application by the diver within one month after the insertion or certification by the diving doctor, review that certificate and the diver’s medical examination record related to the certificate with one or more specialized diving doctors. Invalidation of Diving Certificates 61 (1) The Minister may invalidate a diving certificate issued pursuant to section 54, 56, 58 or 71 where, in the opinion of the Minister, the holder of the certificate has become incompetent or incapacitated. (2) Where the Minister proposes to invalidate a diving certificate pursuant to subsection (1), the Minister shall give the holder of the certificate at least 30 days’ notice in writing setting out the reasons for the proposed invalidation and shall give the holder an opportunity to show cause why the certificate should not be invalidated. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Diver’s Duties Section 62 Diver’s Duties 62 (1) Subject to subsection (2), no diver shall make a dive in a diving operation unless (a) prior to the dive, the diver has (i) checked the diver’s personal diving equipment and is satisfied that the equipment is in good working order, and (ii) reported to the supervisor of the diving operation any remedies, treatments, pharmaceuticals, intoxicants or drugs taken by the diver within the 48 hours preceding the dive, any injury or illness experienced by that diver since the diver’s most recent dive and any restrictions imposed pursuant to section 60 by a diving doctor as a result of the diving doctor’s examination of that diver after an injury or illness; (b) in the case of a diver who has experienced an injury or illness other than decompression sickness since the diver’s most recent dive, the diver has received approval for further diving from a diving doctor or a hyperbaric first-aid technician who consulted with a diving doctor concerning the injury or illness; (c) in the case of a diver who has experienced decompression sickness type I, at least two days have elapsed since the diver successfully completed recompression therapy; (d) in the case of a diver who has experienced decompression sickness type II, at least five days have elapsed since the diver successfully completed recompression therapy and the diver has received approval for further diving from a diving doctor; and (e) in the case of a diver who has experienced decompression sickness type I in two consecutive dives, the diver has received approval for further diving from a diving doctor. (2) No diver shall make a saturation dive unless (a) in the case of a diver whose most recent dive was a saturation dive of 14 days’ duration or less, at least 14 days have elapsed since the diver completed decompression; and (b) in the case of a diver whose most recent dive was a saturation dive of more than 14 days’ duration, at least 28 days have elapsed since the diver completed decompression. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Diver’s Duties Sections 62-63 (3) Where a diver who is employed in a diving operation believes the diver is unfit or unable to dive at any time during that employment, the diver shall so inform the supervisor of the diving operation and shall give the reason for that belief. (4) Where a diver becomes aware of any oil or other contaminant in waters in which a diving operation is being conducted, the diver shall forthwith inform the supervisor of the diving operation of the contaminant. Diver’s Logbooks 63 (1) A diver shall keep a logbook that is permanently bound, has numbered pages and contains the name and signature of the diver and a photograph that is a likeness of the diver. (2) A diver shall, as soon as possible after making a dive, enter in the diver’s logbook referred to in subsection (1), for each dive made by the diver, (a) the date of the dive; (b) the name of the diving contractor, if any, who conducted the dive; (c) the name of the operator or the operator’s representative responsible for the dive; (d) the name or other designation and the location of the craft or installation from which, or other dive site at which, the dive was conducted; (e) the dive identification number referred to in paragraph 50(1)(e); (f) the name of the supervisor of the dive; (g) the maximum depth, the bottom time and the total dive time of the dive; (h) the decompression table and the schedule in that decompression table that were used in the dive; (i) the decompression procedures followed by the diver; (j) the type of personal diving equipment used by the diver; (k) any injury suffered by the diver during the dive; (l) the work performed by the diver; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VI Divers Diver’s Logbooks Section 63 (m) a description of any discomfort or illness, including decompression sickness, suffered by the diver; and (n) any other factor relevant to the safety or health of the diver. (3) A diver shall, after completion of an entry in the diver’s logbook in accordance with subsection (2), immediately sign the entry and request the supervisor of the dive to countersign the entry as soon as possible. (4) No person shall make any alteration to an entry in a diver’s logbook referred to in subsection (1) unless the alteration is initialled by the diver and by the supervisor who countersigned the entry. (5) A diver shall produce, on request, the diver’s logbook referred to in subsection (1) for inspection by (a) a conservation engineer pursuant to paragraph 43(b) of the Act; and (b) the diving doctor who examines the diver for the purposes of these Regulations, at the time of the examination. (6) A diver shall keep in the diver’s logbook referred to in subsection (1) (a) the diver’s diving certificate or equivalent document; (b) any certificates or other evidence of qualification in addition to those referred to in paragraph (a); and (c) any certificates or other evidence of medical examination received from a diving doctor. (7) A diver shall retain the diver’s logbook referred to in subsection (1) for a period of not less than two years after the day of the last entry made in it. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VII Pilots Section 64 PART VII Pilots ADS Dives 64 No person shall pilot an ADS in a diving operation unless the person (a) is 18 years of age or older; (b) has been certified to be medically fit (i) to dive, in accordance with paragraph 53(b), or (ii) to pilot an ADS, by a medical doctor who has examined the person not more than 12 months prior to the date on which the diving operation is to be conducted and who has recorded the results of the examination on a medical examination record in the form set out in Schedule V or in another form acceptable to the Minister and on a pilot’s medical certificate in that person’s pilot’s logbook referred to in section 69; (c) has delivered a copy of the medical certificate referred to in paragraph 53(b), or the medical certificate referred to in subparagraph (b)(ii), to the diving contractor who conducts the diving operation; (d) holds a valid pilot’s certificate issued pursuant to section 65 or 71, or a valid document that is (i) issued by a country other than Canada on the basis of training and experience that are equivalent to the training and experience described in paragraph 65(1)(a), and (ii) acceptable to the Minister; and (e) has satisfied the supervisor of the diving operation that (i) the person is capable of using, and has sufficient experience in the use of, the type of ADS and associated equipment to be used in the diving operation and is familiar with the relevant provisions of the procedures manual referred to in paragraph 4(4)(a) and the contingency plan referred to in paragraph 4(4)(i) to be used in the diving operation, and (ii) the person’s involvement in the diving operation is in no way contrary to any restriction Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VII Pilots ADS Dives Sections 64-66 (A) inserted in that person’s pilot’s certificate or attached to that person’s document referred to in paragraph (d) pursuant to section 66, or (B) inserted in that person’s pilot’s medical certificate pursuant to section 60 or 67. Pilot’s Certificates 65 (1) The Minister may, on application, issue a pilot’s certificate that is valid for one year to a person who has attained a standard of competence in the operation of an ADS that is acceptable to the Minister and who (a) has successfully completed at least 40 hours of technical training in the design, construction, use and maintenance of an ADS at a school, institution or company acceptable to the Minister and who has made at least 25 ADS dives under various conditions with a bottom time totalling at least 40 hours; (b) held a pilot’s certificate that was issued pursuant to this subsection but is no longer valid because it was not renewed pursuant to subsection (2) and who has made at least six ADS dives with a bottom time totalling at least 20 hours to an average depth of at least 20 m during the 12 months preceding the application; (c) until December 31, 1990, has satisfied the Minister that the person’s training and experience are equivalent to the training and experience described in paragraph (a); or (d) holds a valid document referred to in paragraph 64(d). (2) The Minister may, on application by the holder of a pilot’s certificate issued pursuant to subsection (1), renew the certificate for a period of one year where the holder of that certificate has made at least four ADS dives with a dive time totalling at least 16 hours during the 12 months preceding the application. Restrictions Respecting Pilot’s Certificates and Documents 66 (1) The Minister may insert in a pilot’s certificate issued pursuant to section 65 or 71, or attach to a document referred to in paragraph 64(d), restrictions on the piloting of an ADS by the holder of the certificate or document where the Minister considers those restrictions necessary for safety reasons. Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VII Pilots Restrictions Respecting Pilot’s Certificates and Documents Sections 66-69 (2) Where the Minister inserts a restriction in a certificate or attaches a restriction to a document pursuant to subsection (1), the Minister shall give the holder of the certificate or document an opportunity to show cause why that restriction should not be so inserted or attached. Restrictions Respecting Medical Certificates 67 (1) A medical doctor who examines a pilot for the purposes of subparagraph 64(b)(ii) or section 71 may insert in the pilot’s medical certificate medical restrictions on the pilot where the doctor considers those restrictions necessary for safety reasons. (2) Where a medical doctor inserts medical restrictions in a pilot’s medical certificate pursuant to subsection (1) or certifies in a medical certificate in a pilot’s logbook that the pilot is medically unfit to pilot an ADS, the Minister shall, on application by the pilot within one month after the insertion or certification by the doctor, review the certificate and the pilot’s medical examination record related to the certificate with one or more medical doctors. Invalidation of Pilot’s Certificates 68 (1) The Minister may invalidate a pilot’s certificate issued pursuant to section 65 or 71 where, in the opinion of the Minister, the holder of the certificate has become incompetent or incapacitated. (2) Where the Minister proposes to invalidate a pilot’s certificate pursuant to subsection (1), the Minister shall give the holder of the certificate at least 30 days’ notice in writing setting out the reasons for the proposed invalidation and shall give the holder an opportunity to show cause why the certificate should not be invalidated. Pilot’s Logbooks 69 (1) A pilot shall keep a logbook that is permanently bound, has numbered pages and contains the name and signature of the pilot and a photograph that is a likeness of the pilot. (2) A pilot shall, as soon as possible after making a dive, enter in the pilot’s logbook referred to in subsection (1), for each dive made by the pilot, (a) the date of the dive; Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VII Pilots Pilot’s Logbooks Section 69 (b) the name of the diving contractor, if any, who conducted the dive; (c) the name of the operator or the operator’s representative responsible for the dive; (d) the name or other designation and the location of the craft or installation from which, or other dive site at which, the dive was conducted; (e) the dive identification number referred to in paragraph 50(1)(e); (f) the name of the ADS supervisor who supervised the dive; (g) the maximum depth, the bottom time and the total dive time of the dive; (h) the work performed by the pilot; (i) a description of any discomfort, injury or illness suffered by the pilot; and (j) any other factor relevant to the safety or health of the pilot. (3) A pilot shall, after completion of an entry in the pilot’s logbook in accordance with subsection (2), immediately sign the entry and request the ADS supervisor who supervised the dive to countersign the entry as soon as possible. (4) No person shall make any alteration to an entry in a pilot’s logbook referred to in subsection (1) unless the alteration is initialled by the pilot and by the ADS supervisor who countersigned the entry. (5) A pilot shall produce, on request, the pilot’s logbook referred to in subsection (1) for inspection by (a) a conservation engineer pursuant to paragraph 43(b) of the Act; and (b) the diving doctor or medical doctor who examines the pilot for the purposes of these Regulations, at the time of the examination. (6) A pilot shall keep in the pilot’s logbook referred to in subsection (1) (a) the pilot’s certificate or equivalent document; (b) any certificates or other evidence of qualification in addition to those referred to in paragraph (a); and Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VII Pilots Pilot’s Logbooks Sections 69-71 (c) any certificates or other evidence of medical examination received from a diving doctor or medical doctor. (7) A pilot shall retain the pilot’s logbook referred to in subsection (1) for a period of not less than two years after the day of the last entry made in it. PART VIII Additional Provisions Persons Who Have First-Aid or Medical Training 70 (1) A specialized diving doctor who is involved in a diving operation shall not assume responsibility for any aspect of the operation other than the medical aspect. (2) A person who has first-aid or medical training and who is employed in a diving operation shall report, without delay, to the supervisor of the diving operation any medical consultation the person had involving a diver or pilot employed in the diving operation and any medical advice or treatment the person provided to the diver or pilot. Permanent Certificates 71 (1) Where a person holds a certificate issued by the Minister pursuant to section 28, 30, 32, 34, 54, 56, 58 or 65, or holds a valid document that has been accepted by the Minister pursuant to paragraph 27(c), 29(c), 31(c) or 33(d), for at least five years, the Minister may, on application, issue the person a certificate, for the same category as the certificate or document that was held, that is valid, subject to section 36, 61 or 68, for as long as the person is certified to be medically fit in accordance with paragraph 27(b), 53(b) or 64(b). (2) Where a person satisfies the Minister that, for any period of five years before the coming into force of these Regulations, the person would have qualified for a certificate under these Regulations if these Regulations had been in force during that period, the Minister may, on application received prior to January 1, 1991, issue the person the certificate that the person would have qualified for, that is valid, subject to section 36, 61 or 68, for as long as the person is certified medically fit in accordance with paragraph 27(b), 53(b) or 64(b). Current to June 20, 2022 Canada Oil and Gas Diving Regulations PART VIII Additional Provisions Offences Section 72 Offences 72 Any contravention of section 6, 7, 9 to 27, 29, 31, 33, 37 to 53, 55, 57, 62 to 64, 69 or 70 is an offence under the Act. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE I Procedures Manual SCHEDULE I (Paragraph 4(4)(a)) Procedures Manual 1 The procedures manual for a diving program shall contain the standard operating procedures to be followed in any diving operation that will be part of the diving program and shall include (a) the procedures for any consultations with the person in charge of any craft or installation from which the diving operation is conducted; (b) the procedures to be followed by each person involved in a dive that will be part of the diving program, including a diver, stand-by diver, pilot, attendant and supervisor; (c) for each depth and each type of dive, the procedures for (i) conducting the dive, taking into account (A) local meteorological and sea-state conditions, and (B) hazards such as strong currents, man-made structures and activities, other than diving, being conducted in the vicinity, (ii) the selection of the appropriate breathing mixture, decompression tables and treatment tables to be used in the dive, (iii) the use, inspection and maintenance of the diving plant and equipment, including communications and signalling equipment, to be used in the dive, (iv) the lowering and recovery of a diver and the launching and recovery of any skip, diving bell, diving submersible or ADS to be used in the dive, (v) the completion of the diving operations logbook referred to in paragraph 9(5)(m) and subsection 50(1), including sample entries, and (vi) the making of a decision to commence, continue, interrupt or discontinue the dive, including any conditions to be taken into account in the determination; and (d) a sample of the pre-dive checklist to be followed. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE II Emergency Procedures SCHEDULE II (Paragraph 4(4)(i)) Emergency Procedures 1 (1) The contingency plan for a diving program shall contain the emergency procedures to be followed, where circumstances that are likely to endanger a diver or pilot make it impossible and unsafe to follow the procedures contained in the procedures manual for the diving program, such as (a) deteriorating environmental conditions; (b) unexpected weather or sea-state conditions; (c) inability of a craft to maintain itself at the location of a dive site; (d) evacuation of a craft or installation; (e) evacuation of divers under pressures greater than atmospheric pressure; (f) in-water emergency transfers; (g) failure of any major component of diving plant or equipment; and (h) fouling of equipment below the surface that impairs the ability of a diver or pilot to complete a dive. (2) The emergency procedures referred to in subsection (1) shall include procedures for (a) emergency signalling between divers involved in the diving program and between the divers and their attendants using umbilicals or other suitable methods; (b) the provision of stand-by divers; (c) the provision of crafts, stand-by boats and any other devices to be used for rescue; (d) the provision of first-aid treatment and therapeutic decompression; (e) the use of the evacuation, rescue and treatment facilities and devices referred to in section 23 to be used in the diving program; (f) contacting the evacuation, rescue and treatment facilities referred to in section 23 and the medical services referred to in paragraphs 24(b) and (d) that will be used in the diving program; (g) the operation of the emergency power supply; (h) the evacuation of a craft or installation used in the diving program; Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE II Emergency Procedures (i) the evacuation of divers under pressures greater than atmospheric pressure; and (j) in-water emergency transfers. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE III Diving Accident/Incident Report SCHEDULE III (Paragraphs 6(1)(i) and (j)) Diving Accident/Incident Report Name of craft or installation: Supervisor: Persons involved: Type of dive: Purpose of dive: Personal diving equipment used: Diving plant and equipment used: Dive profile: Depth: Time left surface: Ascent method: Ascent rate & time: Name of specialized diving doctor or medical attendant who treat Treatment: Name of diver or pilot treated: Diver’s or pilot’s medical condition after treatment Number of dives made by diver or pilot in the 24 hours preceding Gas mixture(s) used: (in dive) Air temperature: Type of sea bed: Condition of personal equipment after accident/incident: Personal equipment examined at: (Location and date Summary of accident/incident: (Use a Signature of operator or operator’s representative Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE III (French) ANNEXE III (alinéas 6(1)i) et j)) Rapport d’accident ou d’incident Nom du véhicule ou de l’installation : Directeur : Personnes impliquées : Type de plongée : Objet de la plongée : Équipement personnel de plongée utilisé : Matériel de plongée utilisé : Description de la plongée : Profondeur : Heure d’immersion : Méthode de remontée : Vitesse et heure de la remontée : Nom du médecin de plongée spécialisé ou du technicien médical q Traitement : Nom du plongeur ou du pilote traité : État de santé du plongeur ou du pilote après traite Nombre de plongées effectuées par le plongeur ou le pilote dans le Mélange(s) gazeux utilisé(s) : (pour la plongée) Température de l’air : Vitesse des v Type de fond marin : État de l’équipement personnel de plongée après l’accident ou l’in Équipement personnel de plongée examiné à : (lieu e Résumé de l’accident ou de l’incident : (an Signature de l’exploitant ou de son représentant Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE IV SCHEDULE IV (Paragraph 12(2)(b)) PART I First Aid Supplies for a Diving Op Column I Column II Item Supplies Details Tourniquets Scissors Mayo, 7″ Shell Dressings Large Surgical Gloves Pairs of sizes 8 Gauze Roller Bandage Sterile, 2″ and Gauze Sponges Sterile, 4″ × 4″ Adhesive Plaster Roll Scalpels Disposable, N Scalpel Blades No. 10 & 11 Laryngoscope Large adult bl Mouth Gag Mouth-to-Mouth Resuscitation Tube Oropharyngeal Airways Sizes 3 & 4 Suction Apparatus Non-electric (e Minor Surgical Tray Ribbon Retrac Army-Navy Re Rake Retracto Rake Retracto Lahey Mosquito Towel clips Pack, sterile, c Needle driver Self-retaining Allis Babcock Sponge forcep Scissors, strai Scissors, curv Scissors, curv Artery (haemo Kockers Russian forcep Knife handle N Knife handle N Forceps, tooth Suction Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE IV Column I Column II Item Supplies Details Dressing Tray Sterile, contai Small cup Combine pad Gauze 4″ × 4″ Gauze 2″ × 2″ Dressing towe Artery forceps Tissue forceps 17 Intravenous-giving sets e.g. Travenol Intravenous cannulae Gauges 15, 16 Intravenous cannula Gauge 16, 8″, Alcohol injection swabs e.g. Webcol Trochar cannulae e.g. Argyle, N Heimlich chest drain valves e.g. Bard Park Syringes 10 ml Syringes 20 ml Needles, hypodermic Gauges 23, 21 Foley bladder catheter 14 & 16 Frenc Urinary drainage bag Endotracheal tubes Cuffed, 7 mm, Wire introducer For use with e Suction catheters Blood tubes (not vacutainers) Blood tubes (not vacutainers) Non-silicone c Resuscitator bag Laerdal, with 1 to BIBS Xylocaine 1%, without e Xylocaine gel Urethral, 2% t Bridine solution 100 ml, for ski Dextran 70 (Macrodex) in saline 500 ml Dextrose 5% Saline 1000 ml, bag o Saline 0.9% 1000 ml, bag o Heparin injections 500 µ/ml, 2 ml Diazepam injection 10 mg in 2 ml Benadryl injection 50 mg in 1 ml Furosemide injection 40 mg in 2 ml Dexamethasone injection 4 mg, 10 ml vi Aspirin tablets 324 mg Thermometer, electronic Thermocouple Stethoscope Auriscope Reflex hammer Band Aids Anaeroid sphygmomanometer Current to June 20, 2022 Silicone coate With spare ba Box Canada Oil and Gas Diving Regulations SCHEDULE IV Column I Column II Item Supplies Details Flashlight With spare ba Sutures Silk, 3/0 on cu Sutures Silk, 0/0 on he Sutures Chromic catgu Sutures Chromic catgu Ties Silk, 0/0 Ties Silk, 2/0 Ties Silk, 3/0 PART II First Aid Supplies To Be Kept in sion Chamber of a Diving Subme Column I Column II Item Supplies Details Tourniquet Mouth-to-Mouth Resuscitation Tube Mouth Gag Oropharyngeal Airways Adhesive Plaster Roll Band Aids Assorted size Shell Dressings Large Shell Dressings Small Scissors, Mayo 7″ Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE IV (French) ANNEXE IV (alinéa 12(2)b)) PARTIE I Matériel de premiers soins néces plongée Colonne I Colonne II Article Matériel Description Garrot Ciseaux De Mayo, 7″ Pansements d’urgence Grands Gants chirurgicaux Paire, de pointu Bandage de gaze Stérile, 2″ et 3″, Tampons de gaze Stériles, 4″ × 4″, Sparadrap Rouleau Scalpels Jetables, à lame Lames de scalpel Nos 10 et 11 Laryngoscope Grand, pour adu Ouvre-bouche Tube de réanimation bouche-àbouche Canules oropharyngées Tailles 3 et 4 Aspirateur Manuel (par ex. Plateau de petite chirurgie Écarteur fin Écarteur de cam Écarteur à griffe Écarteur à griffe Pince de Lahey Pince hémostat Agrafes à servie Les objets stéri Porte-aiguille Écarteur auto-st Pince d’Allis Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE IV (French) Article Colonne I Colonne II Matériel Description Pince de Babco Pince porte-tam Ciseaux de May Ciseaux de May Ciseaux de Met Pince artérielle Pinces de Kocke Pince russe Manche de cou Manche de cou Pinces à dents Sonde d’aspirat 16 Plateau à pansements Stérile, compre Petit gobelet Tampon assorti Gaze, 4″ × 4″ Gaze, 2″ × 2″ Compresse Pince artérielle Pince à tissu 17 Nécessaire à perfusion P. ex., appareil Canules intraveineuses Calibres 15, 16 e Canules intraveineuses Calibre 16, 8″, p Tampons alcoolisés pour injections P. ex. Webcol Canules de trocart P. ex. Argyle no Valve de drainage thoracique de Heimlich P. ex. Bard Park Seringues 10 mL Seringues 20 mL Aiguilles hypodermiques Calibres 23, 21 e Sonde à ballonnet de Foley Calibres françai Sac urinal Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE IV (French) Colonne I Colonne II Article Matériel Description Tubes endotrachéaux À ballonnet, 7 m Mandrin d’introduction Pour usage ave Cathéters d’aspiration Tubes à prise de sang (non à vide) Enduits de silico Tubes à prise de sang (non à vide) Non enduits de Ballon respiratoire Laerdal, équipé raccord pour br Xylocaïne À 1 %, sans adr Gélose de xylocaïne Urétral, à 2 %, e Solution Bridine 100 mL, pour la Dextran 70 (macrodex) dans solution saline 500 mL Dextrose 5 %, solution saline Sac de 1 000 mL Solution saline à 0,9 % Sac de 1 000 mL Héparine en injections Flacon de 2 mL, Diazepam en injection Flacon de 2 mL, Benadryl en injection Flacon de 1 mL, Furosemide en injection Flacon de 2 mL, Dexamethasone en injection Flacon de 10 mL Cachets d’aspirine 324 mg Thermomètre électronique Pourvu d’un the Stéthoscope Otoscope Marteau à réflexes Pansements adhésifs Sphygmomanomètre anéroïde Lampe de poche Avec piles et am Sutures En soie, 3/0 sur Sutures En soie, 0/0 sur Sutures Catgut, chromé Sutures Catgut, chromé Ligatures En soie, 0/0 Current to June 20, 2022 Avec piles et am Boîte Canada Oil and Gas Diving Regulations SCHEDULE IV (French) Colonne I Colonne II Article Matériel Description Ligatures En soie, 2/0 Ligatures En soie, 3/0 PARTIE II Matériel de premiers soins qui d relle de plongée ou dans le comp sous-marin crache-plongeurs Colonne I Colonne II Article Matériel Description Garrot Tube de réanimation bouche-àbouche Ouvre-bouche Canules oropharyngées Sparadrap Rouleau Pansements adhésifs Tailles assorti Pansements d’urgence Grands Pansements d’urgence Petits Ciseaux de Mayo 7″ Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V SCHEDULE V (Paragraphs 27(b) and 64(b)) Supervisor’s or Pilot’s Medical Exa All abnormal findings shall be recorded on the supervisor’s or pilo First name(s): Family name: Ht: cm Wt: kg Identifying features: General appearance: HEENT: Normal? Yes/No Normal colour vision? Yes/No Audiometry: Rt. Normal? Yes/No Lt. Normal? Yes/No Vision: Distant Dist. with glasses Near Near w Right Left Both SKIN: Rash? Yes/No Infection? Yes/No Parasites? Yes/No Lymph glands normal? Yes/No Breasts normal? Yes/No RESP: Any chest scars or deformity? Yes/No Chest auscultation normal? Yes/No Any adventitious sounds? Yes/No Current chest X-ray normal? Yes/No/Not Done:* CARDIOVASCULAR: BP: / Pulse: / min. Peripheral pulses and circulation normal? Yes/No Normal apex beat? Yes/No Normal heart sounds? Yes/No Murmurs present? Yes/No ECG normal? Yes/No Exercise tolerance test (eg. Ruffier test) normal? Yes/No * At the discretion of the examining doctor Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V ABDOMEN: Organomegaly? Yes/No Masses present? Yes/No Herniae present? Yes/No Genitourinary system normal? Yes/No Rectal normal? Yes/No MUSCULO-SKELETAL: Spine normal? Yes/No Limbs and joints normal? Yes/No CNS: Power & tone of limbs normal? Yes/No Normal sensation to pinprick? Yes/No Light touch? Yes/No Temperature? Yes/No Vibration? Yes/No Proprioception normal? Yes/No Cranial nerves normal? Yes/No Reflexes BJ TJ SJ K Right Left Cerebellar function normal? Yes/No Vestibular function normal? Yes/No Rombergism present? Yes/No Nystagmus present? Yes/No LAB. INVESTIGATIONS: Hb: g/dL HCT: Sickle cell trait absent? Yes/No* (initial medical examination) Blood group: BUN: * Creatinine: * Other Urine PH: Urine free of: albumin? Yes/No sugar? Yes/No protein? Yes/No blood? Yes/No Comment on any abnormalities detected: Is the candidate free from physical defect and disease? Yes/No Has the candidate the physique for prolonged exertion? Yes/N Is the candidate fit for work in all climates if inoculations are u Is the candidate unfit permanently? Yes/No Is the candidate unfit temporarily? Yes/No Date for next exam * At the discretion of the examining doctor Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V Is the candidate fit with restrictions? Yes/No Specify: Name and address of examining doctor: Signed: Date: Supervisor’s or Pilot’s Medical Exa To be completed by the candidate in ballpoint pen. Circle correct a (a) Family name: S.I.N.: (b) Have you had a pilot’s medical examination before? Yes/No (c) Date and place of any X-ray examinations: (d) Give details of vaccinations: (e) Do you have, or have you ever had or been treated for, any o 1 Asthma Yes/No 2 Hay fever or allergies Yes/No 3 Allergy to drugs/medications Yes/No 4 Pneumonia or pleurisy Yes/No 5 Bronchitis or other lung diseases Yes/No 6 Tuberculosis Yes/No 7 Sinus trouble Yes/No 8 Ear disease Yes/No 9 High blood pressure Yes/No 10 Rheumatic fever Yes/No 11 Heart disease or murmur Yes/No 12 Chest pain or palpitations Yes/No 13 Bleeding tendency Yes/No 14 Skin diseases Yes/No 15 Diabetes Yes/No 16 Tropical diseases Yes/No 17 Fits, blackouts or epilepsy Yes/No Give details of any positive (Yes) answers, including dates: (f) Give date and place of any hospital admissions or operation (g) Have you been under medical treatment during the past yea (h) Are you taking, or have you ever taken, any medicines or dr Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V (i) How much do you smoke? /day How much do you drin related to mind-altering, “street” or addictive drugs? Yes/N I (name), , of (address) the best of my knowledge and I give my permission for this infor well-being. Signed : Date: Doctor’s Remarks: Candidate’s logbook inspected? Yes/No If “no”, state reason: Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V (French) ANNEXE V (alinéas 27b) et 64b)) Fiche d’examen médical du directe — partie I Toute constatation anormale doit être inscrite sur la fiche d’exam Prénom(s) : Nom de famille : Taille : cm Poids : kg Traits distinctifs Apparence générale : Tête, yeux, oreilles, nez et gorge : Normaux? Oui/Non Vision des couleurs normale? Oui/Non Audiométrie : Oreille gauche normale? Oui/Non Oreille gauche normale? Oui/Non Vision : Éloignée Éloignée avec verres Rapprochée Rapp Œil droit : Œil gauche : Les deux yeux : PEAU : Éruptions? Oui/Non Infection? Oui/Non Parasites? Oui/Non Glandes lymphatiques normales? Oui/Non Seins normaux? Oui/Non SYSTÈME RESPIRATOIRE : Cicatrices ou difformité du thorax? Oui/Non Thorax normal à l’auscultation? Oui/Non Bruits adventices? Oui/Non Résultats de la dernière radiographie pulmonaire normaux? O SYSTÈME CARDIOVASCULAIRE : Tension artérielle : / pouls : / min. Pouls et circulation périphériques normaux? Oui/Non Choc systolique normal? Oui/Non Bruits du cœur normaux? Oui/Non Souffle cardiaque? Oui/Non Électrocardiogramme normal? Oui/Non Résultats d’épreuve d’effort normaux? (ex : épreuve de Ruffier) * À la discrétion du médecin examinateur. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V (French) ABDOMEN : Organomégalie? Oui/Non Masses? Oui/Non Hernies? Oui/Non Système génito-urinaire normal? Oui/Non Rectum normal? Oui/Non SYSTÈME MUSCULO-SQUELETTIQUE : Colonne vertébrale normale? Oui/Non Articulations et membres normaux? Oui/Non SYSTÈME NERVEUX CENTRAL : Puissance et tonus musculaire normaux? Oui/Non Réaction normale à la piqûre d’une aiguille? Oui/Non Réaction normale à l’effleurement? Oui/Non Fièvre? Oui/Non Vibration? Oui/Non Sensibilité propioceptive normale? Oui/Non Nerfs crâniens normaux? Oui/Non Réflexes bicipital tricipital stylo-radial rotulien Côté droit : Côté gauche : Fonction cérébelleuse normale? Oui/Non Fonction vestibulaire normale? Oui/Non Signe de Romberg présent? Oui/Non Signe de Nystagmus présent? Oui/Non ANALYSES EN LABORATOIRE : Hb : g/dL HCT : Trait drépanocytaire présent? Oui/Non* (d’après l’examen méd Groupe sanguin : Azote uréique du sang : * Créatin Urine pH : Urine : Présence d’albumine? Oui/Non Présence de sucre? Oui/Non Présence de protéines? Oui/Non Présence de sang? Oui/Non Observations sur toute constatation anormale relevée : Le sujet a-t-il un défaut ou une maladie physique quelconque? Peut-il soutenir un effort prolongé? Oui/Non Peut-il travailler dans tous les climats s’il a reçu les vaccins néc Est-il inapte à la plongée de façon permanente? Oui/Non Est-il temporairement inapte à la plongée? Oui/Non Date du p * À la discrétion du médecin examinateur. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V (French) Est-il apte à la plongée avec restrictions? Oui/Non Préciser : Nom et adresse du médecin examinateur : Signature : Date Fiche d’examen médical du directe — partie II À être remplie à l’encre par le sujet. Encercler les réponses. En cas P No a) Nom de famille : N.A.S. : b) Avez-vous déjà subi un examen médical de pilote de sy le lieu : c) Date et lieu des radiographies subies : d) Détail des vaccins reçus : e) Avez-vous déjà souffert de l’une des affections suivantes ou 1 Asthme Oui/Non 2 Fièvre des foins ou allergies Oui/Non 3 Allergie à des drogues ou médicaments Oui/Non 4 Pneumonie ou pleurésie Oui/Non 5 Bronchite ou autre maladie pulmonaire Oui/Non 6 Tuberculose Oui/Non 7 Troubles des sinus Oui/Non 8 Maladie des oreilles Oui/Non 9 Hypertension artérielle Oui/Non 10 Fièvre rhumatismale Oui/Non 2 t 11 Maladie ou souffle cardiaque Oui/Non 12 Douleurs ou palpitations thoraciques Oui/Non 13 Tendance au saignement Oui/Non 14 Maladies de la peau Oui/Non 15 Diabète Oui/Non 16 Maladies tropicales Oui/Non 17 Convulsions, syncopes ou crises d’épilepsie Oui/Non 18 Étourdissements ou pertes d’équilibre Oui/Non 19 Traumatisme crânien Oui/Non Commentez toute réponse affirmative (Oui), en y indiquant les da Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE V (French) f) Si vous avez été hospitalisé(e) ou opéré(e), indiquez les date g) Avez-vous reçu un traitement médical au cours de la derniè h) Prenez-vous ou avez-vous déjà pris des médicaments ou des i) Fumez-vous? Nombre par jour : Consommez-vous Avez-vous déjà souffert de problèmes de santé dus aux drog Dans l’affirmative, précisez : Je, , domicilié(e) au (adresse) dessus sont exacts autant que je sache et permets qu’ils soient com Signature : Date Remarques du médecin : Le journal du sujet a-t-il été examiné? Oui/Non Dans la négative, donnez la raison : Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VI Recommendation for Category Diving Supervisor’s Certificate SCHEDULE VI (Subparagraphs 28(1)(a)(iii), 30(1)(a)(iii) and 32(1)(a)(iii)) Recommendation for Category Div , born on This is to certify that , as a Category vision of that category , as specified under the Canada signed, have no hesitation in recommending this applicant as a ca knowledge and belief, I/we state that I/we know the applicant su applicant should not be granted the above-mentioned status. 1 Diving supervisor: (please print name) Signature: Date: Diving supervisor: (please print name) Signature: Date: Diving contractor or operator: Signature: Current to June 20, 2022 Date: Canada Oil and Gas Diving Regulations SCHEDULE VI (French) ANNEXE VI (sous-alinéas 28(1)a)(iii), 30(1)a)(iii) et 32(1)a)(iii)) Recommandation de délivrer un b catégorie , né Nous, soussignés, attestons que pour , à titre de , de ca de la direction de la plongée de catégorie , comme le pre tés pétrolières et gazières au Canada. En conséquence, nous reco gorie et attestons que nous le connaissons suffisamme raison de lui refuser le statut demandé. 1 Directeur de plongée : (en lettres moulées) Signature : Date : Directeur de plongée : (en lettres moulées) Signature : Date : Entrepreneur en plongée ou exploitant : Signature : Current to June 20, 2022 Date : Canada Oil and Gas Diving Regulations SCHEDULE VII SCHEDULE VII (Paragraph 53(b)) Diver’s Medical Examination Recor All abnormal findings shall be recorded on the diver’s medical exa First name(s): Family name: Ht: cm Wt: kg Identifying features: General appearance: HEENT: Normal? Yes/No URTI: Normal? Yes/No Teeth & gums normal? Yes/No Any dentures? Yes/No Neck normal? Yes/No Sinuses normal? Yes/No Dental X-rays normal? Yes/No/Not done* Normal colour vision? Yes/No Nasal airway EAM Rt. normal? Yes/No Yes/No Lt. normal? Yes/No Yes/No Vision: Distant Dist. with glasses Near N Right Left Both SKIN: Rash? Yes/No Infection? Yes/No Parasites? Yes/No Lymph glands normal? Yes/No Skinfold thickness: Lt. biceps: mm Lt. triceps: mm Lt. subscapular: Lt. sacroiliac: mm mm Breasts normal? Yes/No * At the discretion of the examining doctor Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII RESP: Any chest scars or deformity? Yes/No Chest auscultation normal? Yes/No Any adventitious sounds? Yes/No Current chest X-ray normal? Yes/No FVC: FEV1/FVC% %. CARDIOVASCULAR: BP: / Pulse: / min. Varicose veins? Yes/No Peripheral pulses and circulation normal? Yes/No Normal apex beat? Yes/No Normal heart sounds? Yes/No Murmurs present? Yes/No ECG normal? Yes/No Exercise tolerance test (eg. Ruffier test) normal? Yes/No Stress ECG normal? Yes/No/Not done.+ ABDOMEN: Organomegaly? Yes/No Masses present? Yes/No Herniae present? Yes/No Genitourinary system normal? Yes/No Rectal normal? Yes/No MUSCULO-SKELETAL Joint X-rays:* Shoulders Rt. normal? Yes/No Lt. normal? Yes/No Spine normal? Yes/No Limbs & joints normal? Yes/No CNS: Power & tone of limbs normal? Yes/No Normal sensation to pinprick? Yes/No Cranial nerves normal? 1 Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No + Mandatory for divers over 35 years of age * At the discretion of the examining doctor Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII Cranial nerves normal? 5 Yes/No Yes/No Yes/No Yes/No Reflexes BJ TJ SJ Right Left Cerebellar function normal? Yes/No Vestibular function normal? Yes/No Rombergism present? Yes/No Nystagmus present? Yes/No EEG normal? Yes/No/Not Done* Electronystagmograms normal? Yes/No/Not Done* LAB. INVESTIGATIONS: Hb: g/dL HCT: Sickle cell trait absent? Yes/No* (initial medical examination) Blood group: BUN: Creatinine: * * Other Urine PH: Urine free of: albumin? Yes/No sugar? Yes/No protein? Yes/No blood? Yes/No Comment on any abnormalities detected: Is the candidate free from physical defect and disease? Yes/No Has the candidate the physique for prolonged exertion? Yes/N Is the candidate fit for work in all climates if inoculations are u Is the candidate permanently unfit to dive? Yes/No Is the candidate temporarily unfit to dive? Yes/No Date for nex Is the candidate fit to dive with restrictions? Yes/No Specify: Name and address of examining doctor: Signed: Date: Diver’s Medical Examination Recor To be completed by the diver in ballpoint pen. Circle correct answ * At the discretion of the examining doctor Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII (a) Family name: S.I.N.: Fi Pro (b) Have you had a commercial diver’s medical examination be When did you first work under pressure? (c) Date and place of your last bone and joint X-ray examinatio Other X-ray examinations: (d) Have you ever had any of the following medical problems? Skin bends? Yes/No Limb bends? Yes/No Spinal or cerebral bends? Yes/No Pulmonary decompression sickness? Yes/No Vestibular bends? Yes/No Pulmonary barotrauma (ruptured lung)? Yes/No Arterial gas embolism? Yes/No Problems with compression? Yes/No Dysbaric osteonecrosis (bone necrosis)? Yes/No Give details of any positive (yes) answers, including date and num (e) Do you have, or have you ever had or been treated for, any o 1 Asthma Yes/No 2 Hay fever or allergies Yes/No 3 Allergy to drugs/medications Yes/No 4 Pneumothorax (collapsed lung) Yes/No 5 Pneumonia or pleurisy Yes/No 6 Bronchitis or other lung diseases Yes/No 7 Tuberculosis Yes/No 8 Sinus trouble Yes/No 9 Ear disease Yes/No 10 Rheumatic fever Yes/No 11 Heart disease or murmur Yes/No 12 Chest pain or palpitations Yes/No 13 Varicose veins Yes/No 14 Bleeding tendency Yes/No 15 Skin diseases Yes/No 16 Diabetes Yes/No 17 Tropical diseases Yes/No 18 Fits, blackouts or epilepsy Yes/No Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII Give details of any positive (Yes) answers, including dates: (f) Give date and place of any hospital admissions or operation (g) Have you been under medical treatment during the past yea (h) Are you taking, or have you ever taken any medicines or dru (i) How much do you smoke? /day How much do you d lems related to mind-altering, “street” or addictive drugs? Y I (name), , of (address) the best of my knowledge and I give my permission for this infor welfare. Signed: Date: Doctor’s remarks: Diver’s logbook inspected? Yes/No If “no”, state reason: Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII (French) ANNEXE VII (alinéa 53b)) Fiche d’examen médical du plonge Toute constatation anormale doit être inscrite sur la fiche d’exam Prénom(s) : Nom de famille : Taille : cm Poids : kg Traits distinctifs : Apparence générale : Tête, yeux, oreilles, nez et gorge : Normaux? Oui/Non Infection des voies respiratoires supérieures? Oui/Non Dents et gencives normales? Oui/Non Dentiers? Oui/Non Cou normal? Oui/Non Sinus normaux? Oui/Non Résultats des radiographies dentaires normaux? Oui/Non/Inexist Vision des couleurs normale? Oui/Non Voies nasales Conduit auditif externe Côté droit normal? Oui/Non Oui/Non Côté gauche normal? Oui/Non Oui/Non Vision : Éloignée Éloignée avec verres Rapprochée Rap Œil droit : Œil gauche : Les deux yeux : PEAU : Éruptions? Oui/Non Infection? Oui/Non Parasites? Oui/Non Glandes lymphatiques normales? Oui/Non Épaisseur du pli cutané : Biceps gauche : mm Triceps gauche : mm Muscle sous-scapulaire gauche : Muscle sacro-iliaque gauche : mm mm Seins normaux? Oui/Non * À la discrétion du médecin examinateur. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII (French) SYSTÈME RESPIRATOIRE : Cicatrices ou difformité du thorax? Oui/Non Thorax normal à l’auscultation? Oui/Non Bruits adventices? Oui/Non Résultats de la dernière radiographie pulmonaire normaux? O Capacité vitale maximale (CVM) : 1. VEMS1/CVM % : % SYSTÈME CARDIOVASCULAIRE : Tension artérielle : / Pouls : / min. Varices? Oui/Non Pouls et circulation périphériques normaux? Oui/Non Choc systolique normal? Oui/Non Bruits du cœur normaux? Oui/Non Souffle cardiaque? Oui/Non Électrocardiogramme normal? Oui/Non Résultats d’épreuve d’effort normaux? (ex : test Ruffier)? Oui/N Résultats d’épreuve d’effort sur électrocardiogramme normaux ABDOMEN : Organomégalie? Oui/Non Masses? Oui/Non Hernies? Oui/Non Système génito-urinaire normal? Oui/Non Rectum normal? Oui/Non SYSTÈME MUSCULO-SQUELETTIQUE : Radiographies des articulations* : Épaules Côté droit normal? Oui/Non Côté gauche normal? Oui/Non Colonne vertébrale normale? Oui/Non Articulations et membres normaux? Oui/Non SYSTÈME NERVEUX CENTRAL : Puissance et tonus musculaire normaux? Oui/Non Réaction normale à la piqûre d’une aiguille? Oui/Non Nerfs crâniens normaux? 1 Oui/Non Oui/Non Oui/Non Oui/Non Oui/Non Oui/Non Oui/Non Oui/Non + Obligatoire pour tous les plongeurs de plus de 35 ans. * À la discrétion du médecin examinateur. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII (French) Nerfs crâniens normaux? 5 Oui/Non Oui/Non Oui/Non Oui/Non Réflexes bicipital tricipital stylo-radial rotulien Côté droit : Côté gauche : Fonction cérébelleuse normale? Oui/Non Fonction vestibulaire normale? Oui/Non Signe de Romberg présent? Oui/Non Signe de Nystagmus présent? Oui/Non Électrœncéphalogramme normal? Oui/Non/Inexistant* Électronystagmogrammes normaux? Oui/Non/Inexistant* ANALYSES EN LABORATOIRE : Hb : g/dL HCT : Trait drépanocytaire présent? Oui/Non* (d’après l’examen méd Groupe sanguin : Azote uréique du sang : Créatinine : * * Autres : Urine pH : Urine : Présence d’albumine? Oui/Non Présence de sucre? Oui/Non Présence de protéines? Oui/Non Présence de sang? Oui/Non Observations sur toute constatation anormale relevée : Le sujet a-t-il un défaut ou une maladie physique quelconque? Peut-il soutenir un effort prolongé? Oui/Non Peut-il travailler dans tous les climats s’il a reçu les vaccins néc Est-il inapte à la plongée de façon permanente? Oui/Non Est-il temporairement inapte à la plongée? Oui/Non Date du p Est-il apte à la plongée avec restrictions? Oui/Non Préciser : Nom et adresse du médecin examinateur : Signature : Date Fiche d’examen médical du plonge À être remplie à l’encre par le plongeur. Encercler les réponses. En * À la discrétion du médecin examinateur. Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII (French) a) Nom de famille : N.A.S. : P No b) Avez-vous déjà subi un examen médical de plongeur comm Quand avez-vous travaillé pour la 1 c) Date et lieu de la dernière radiographie des os et des articul Autres radiographies : d) Avez-vous déjà souffert de l’un des problèmes suivants? Manifestations cutanées? Oui/Non Douleurs ostéoarticulaires? Oui/Non Manifestations neurologiques liées au système nerveux cent Perturbations du système cardio-pulmonaire? Oui/Non Accident vestibulaire? Oui/Non Barotraumatisme pulmonaire (surpression pulmonaire)? O Embolie gazeuse artérielle? Oui/Non Problèmes reliés à la compression? Oui/Non Ostéonécrose (nécrose osseuse)? Oui/Non Commentez toute réponse affirmative (Oui), en y indiquant les da e) Avez-vous déjà souffert de l’une des affections suivantes ou 1 Asthme Oui/Non 2 Fièvre des foins ou allergies Oui/Non 3 Allergie à des drogues ou médicaments Oui/Non 4 Pneumothorax (poumon affaissé) Oui/Non 5 Pneumonie ou pleurésie Oui/Non 6 Bronchite ou autre maladie pulmonaire Oui/Non 7 Tuberculose Oui/Non 8 Troubles des sinus Oui/Non 9 Maladie des oreilles Oui/Non 10 Fièvre rhumatismale Oui/Non 11 Maladie ou souffle cardiaque Oui/Non 12 Douleurs ou palpitations thoraciques Oui/Non 3 t 13 Varices Oui/Non 3 c 14 Tendance au saignement Oui/Non 15 Maladies de la peau Oui/Non 3 s 16 Diabète Oui/Non 17 Maladies tropicales Oui/Non Current to June 20, 2022 Canada Oil and Gas Diving Regulations SCHEDULE VII (French) 18 Convulsions, syncopes ou crises d’épilepsie Oui/Non Commentez toute réponse affirmative (Oui), en y indiqu f) Si vous avez été hospitalisé(e) ou opéré(e), indiquez les date g) Avez-vous reçu un traitement médical au cours de la derniè h) Prenez-vous ou avez-vous déjà pris des médicaments ou des i) Fumez-vous? Nombre par jour : Consommez-vous d déjà souffert de problèmes de santé dus aux drogues hallu mative, précisez : Je, , domicilié(e) au (adresse) dessus sont exacts autant que je sache et permets qu’ils soient com Signature : D Remarques du médecin : Le journal du plongeur a-t-il été examiné? Oui/Non Dans la négative, donnez la raison : Current to June 20, 2022
CONSOLIDATION Regulation Adapting the Canada Elections Act for the Purposes of a Referendum SOR/2010-20 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulation Adapting the Canada Elections Act for the Purposes of a Referendum 1 Schedule Interpretation Coming into force SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum SCHEDULE 1 Current to June 20, 2022 ii Registration SOR/2010-20 February 2, 2010 REFERENDUM ACT Regulation Adapting the Canada Elections Act for the Purposes of a Referendum Pursuant to subsections 7(3) and 7(4) of the Referendum Act, the Chief Electoral Officer repeals the Regulations Adapting the Canada Elections Act for the Purposes of a Referendum made on December 20, 2001, and registered under SOR/2002-25, and makes the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum, hereinafter. Ottawa, February 2, 2010 MARC MAYRAND Chief Electoral Officer of Canada Current to June 20, 2022 Regulation Adapting the Canada Elections Act for the Purposes of a Referendum Schedule 1 The provisions of the Canada Elections Act set out in the Schedule are adapted for the purposes of applying them in respect of a referendum. Interpretation 2 (1) In the Schedule, the expression not applicable following a provision of the Canada Elections Act means that the provision does not apply in respect of a referendum. Interpretation (2) In the Schedule, the expressions “the Act” and “this Act” refer to that schedule. Coming into force 3 This regulation comes into force on the day on which it is registered. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum SCHEDULE (section 2) Canada Elections Act as Adapted for the Purposes of a Referendum Short Title Short title 1 This Act may be cited as the Canada Elections Act as Adapted for the Purposes of a Referendum. Interpretation Definitions 2 (1) The definitions in this subsection apply in this Act. advance poll means a vote held under Part 10. (vote par anticipation) advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation) broadcaster means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking. (radiodiffuseur) broadcasting means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion) Broadcasting Arbitrator means the person appointed as Broadcasting Arbitrator under subsection 332(1) of the Canada Elections Act. (arbitre) commercial value, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by (a) the person who provided it, if the person is in the business of providing that property or service; or (b) another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business. (valeur commerciale) Commissioner means the Commissioner of Canada Elections appointed under section 509 of the Canada Elections Act. (commissaire) Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait) election means an election of a member to serve in the House of Commons. (élection) elector means a person who is qualified as an elector under section 3. (électeur) judge, when used to define the judicial officer on whom is conferred specific powers, means (a) in relation to the Province of Ontario, a judge of the Superior Court of Justice; (b) in relation to the Province of Quebec, a judge of the Superior Court of Quebec; (c) in relation to the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court of the Province; (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province; (e) in relation to the Provinces of Prince Edward Island and Newfoundland, a judge of the Trial Division of the Supreme Court of the Province; (f) in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon; (g) in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories; (h) in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and (i) in relation to any place or territory in Canada, (i) if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge, (ii) if there is more than one judge exercising that jurisdiction, the senior of them, and (iii) if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice. (juge) list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer. (liste électorale) member means a member of the House of Commons. (député) Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum oath includes a solemn affirmation and a statutory declaration. (serment) official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle) periodical publication means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements. (publication périodique) personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels) polling division means a polling division referred to in section 538 of the Canada Elections Act. (section de vote) polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin) preliminary list of electors means the list of electors prepared by the Chief Electoral Officer under subsection 93(1). (liste électorale préliminaire) prescribed, in relation to a form or an oath, means one that is authorized by the Chief Electoral Officer. (prescrit) recount means a recount of votes by a judge under sections 29 and 30 of the Referendum Act, and under Part 14 of this Act. (dépouillement judiciaire) referendum documents means the following documents: (a) the writ with the return of the referendum endorsed on it; (b) not applicable; (c) the reserve supply of undistributed blank ballot papers; (d) documents relating to the revision of the lists of electors; (e) the statements of the vote from which the validation of results was made; and (f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing (i) a packet of stubs and unused ballot papers, (ii) packets of ballot papers cast for each answer to a referendum question, (iii) a packet of spoiled ballot papers, (iv) a packet of rejected ballot papers, Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (v) a packet containing the list of electors used at the polling station, the written authorizations of agents of registered referendum committees and witnesses and the used transfer certificates, if any, and (vi) a packet containing the registration certificates. (documents référendaires) referendum officer means a person referred to in subsection 32(1) of the Referendum Act and in subsection 22(1) of this Act. (fonctionnaire référendaire) registered party has the same meaning as in subsection 2(1) of the Canada Elections Act. (parti enregistré) Register of Electors means the Register of Electors established under section 44 of the Canada Elections Act. (Registre des électeurs) revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée) spoiled, in relation to a ballot or a special ballot as defined in section 177, means (a) one that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; or (b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3). (annulé) writ means a writ of referendum. (bref) Definitions (1.1) The definitions in this subsection apply in the Referendum Act. auditor means a person who is a member in good standing of a corporation, an association or an institute of professional accountants, and a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants. (vérificateur) network means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection. (réseau) network operator means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network. (exploitant de réseau) prime time, in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight. (heures de grande écoute) Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum volunteer labour means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person. (travail bénévole) No commercial value (2) For the purposes of this Act and of the Referendum Act, the commercial value of property or a service is deemed to be nil if (a) it is provided by a person who is not in the business of providing that property or those services; and (b) the amount charged for it is $200 or less. Satisfactory proof of identity and residence (3) For the purposes of this Act, satisfactory proof of an elector’s identity and satisfactory proof of residence are established by the documentary proof of the elector’s identity and residence that is prescribed by the Chief Electoral Officer. Time (4) A reference to a time of day in this Act is a reference to local time. Descriptive cross-references (5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only. PART 1 Referendum Rights Persons qualified as electors 3 Every person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector. Disentitlement from voting 4 The following persons are not entitled to vote at a referendum: (a) the Chief Electoral Officer; (b) the Assistant Chief Electoral Officer; and (c) every person who is imprisoned in a correctional institution serving a sentence of two years or more. Prohibition 5 No person may Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (a) vote or attempt to vote at a referendum knowing that they are not qualified as an elector or not entitled to vote under section 4; or (b) induce another person to vote at a referendum knowing that the other person is not qualified as an elector or not entitled to vote under section 4. Persons entitled to vote 6 Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division. Only one vote 7 No elector who has voted at a referendum may request a second ballot at that referendum. Place of ordinary residence 8 (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it. One place of residence only (2) A person can have only one place of ordinary residence and it cannot be lost until another is gained. Temporary absence (3) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence. Place of employment (4) If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep. Temporary residence (5) Temporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence. Temporary residential quarters (6) A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence. Interpretation of ordinary residence 9 If the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate referendum officer by reference to all the facts of the case. 10 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Part 11 11 Any of the following persons may vote in accordance with Part 11: (a) a Canadian Forces elector; (b) an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada; (c) a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada; (d) a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident; (e) an incarcerated elector within the meaning of that Part; and (f) any other elector in Canada who wishes to vote in accordance with that Part. 12 Not applicable. PART 2 Chief Electoral Officer and Staff Chief Electoral Officer 13 Not applicable. 14 Not applicable. 15 Not applicable. Powers and duties of Chief Electoral Officer 16 The Chief Electoral Officer shall (a) exercise general direction and supervision over the conduct of referendums; (b) ensure that all referendum officers act with fairness and impartiality and in compliance with this Act and the Referendum Act; (c) issue to referendum officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act and the Referendum Act; and (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act and the Referendum Act. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Power to adapt Act 17 (1) During a referendum period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of referendum officers or polling stations. Limitation — power to adapt (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day. Emergency — extending voting hours (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case (a) close later than midnight on polling day; or (b) remain open during polling day for a total of more than 12 hours. Public education and information programs 18 (1) The Chief Electoral Officer may implement public education and information programs to make the referendum process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights. Communication with the public (2) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s referendum process and the democratic right to vote at a referendum. Information outside Canada (3) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11. Electronic voting process 18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election, a by-election or a referendum. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Assistant Chief Electoral Officer and Staff 19 Not applicable. Casual and temporary staff 20 Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for his or her exercise of powers, and discharge of duties, under this Act and the Referendum Act related to the preparation for, and the conduct of, a referendum may be employed, in the manner authorized by law, on a casual or temporary basis. Delegation by Chief Electoral Officer 21 The Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on his or her staff to perform any of the Chief Electoral Officer’s functions under this Act and the Referendum Act. PART 3 Referendum Officers General Referendum officers 22 (1) The following persons are referendum officers: (a) returning officers appointed under subsection 24(1) of the Canada Elections Act; (b) assistant returning officers appointed under subsection 26(1) or 28(5) and additional assistant returning officers appointed under subsection 30(1) of the Canada Elections Act; (c) persons authorized by a returning officer under section 27 to perform duties under this Act and the Referendum Act; (c.1) persons designated pursuant to subsection 28(3.1); (d) revising agents appointed under paragraph 32(a); (e) deputy returning officers appointed under subsection 9.1(1) of the Referendum Act and referred to in paragraphs 32(b) and (c) and subsection 273(1) of this Act; (f) poll clerks appointed under subsection 9.1(2) of the Referendum Act and referred to in paragraphs 32(b) and (c) and subsection 273(1) of this Act; (g) registration officers appointed under paragraph 32(d); (h) information officers appointed under paragraph 124(1)(a); Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (i) persons responsible for maintaining order at a central polling place appointed under paragraph 124(1)(b); (j) central poll supervisors appointed under subsection 124(2); (k) persons appointed under subsection 290(2) to collect ballot boxes; (l) the special voting rules administrator appointed under section 181 of the Canada Elections Act; (m) special ballot officers appointed under subsection 183(1) or section 184; (n) liaison officers for correctional institutions appointed under subsection 248(1); and (o) deputy returning officers and poll clerks for correctional institutions appointed under subsection 253(1). Referendum officers — exclusions (2) For greater certainty, an agent of a registered referendum committee or a witness who is present at a polling station is not a referendum officer. Who shall not be appointed referendum officers (3) The following persons shall not be appointed as a referendum officer: (a) a minister of the Crown or a member of the executive council of a province; (b) a member of the Senate or the House of Commons; (c) a member of the legislature of a province, the Council of the Northwest Territories or the Legislative Assembly of Yukon or Nunavut; (d) a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in Yukon and the Northwest Territories, a judge of the Supreme Court; (d.1) a person who was a candidate at the last general election or at a by-election held since the last general election; (e) a person who has served in Parliament in the session immediately before the referendum or in the session in progress at the time of the referendum; and (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under the Canada Elections Act, the Referendum Act or any Act of the legislature of a province relating to provincial, municipal or school board elections. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Qualifications (4) A referendum officer must be qualified as an elector and a referendum officer referred to in any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act and the Referendum Act. Exception (5) In the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint a referendum officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appoint (a) a Canadian citizen who is 16 years of age or older and who resides in the electoral district; or (b) a person who is qualified as an elector but does not live in the electoral district. Prohibition — acting as referendum officer (6) No person shall act as a referendum officer knowing that they do not meet the requirements for a referendum officer set out in this section. Oath 23 (1) Before assuming duties, a referendum officer shall swear an oath in writing, in the prescribed form, to perform the duties of the office in an impartial manner. Prohibition (2) No referendum officer shall communicate information obtained in the course of performing his or her duties under this Act and the Referendum Act, other than for a purpose related to the performance of those duties. Sending of oaths (3) The returning officer shall send the documents containing the oaths of the returning officer and assistant returning officer without delay to the Chief Electoral Officer. Returning Officers and Assistant Returning Officers 24 (1) Not applicable. (1.1) Not applicable. (1.2) Not applicable. (1.3) Not applicable. (1.4) Not applicable. (1.5) Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Responsibility of returning officer (2) A returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of a referendum in his or her electoral district. Obligation to act to enable referendums to be held (3) Every returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act and the Referendum Act that are necessary in order that the referendum may be regularly held. (4) Not applicable. (5) Not applicable. (6) Not applicable. Removal from office (7) The Chief Electoral Officer may remove from office any returning officer who (a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act or the Referendum Act; or (b) fails to discharge competently a duty of a returning officer under this Act or the Referendum Act, or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c); (c) Not applicable; (d) Not applicable. 25 Not applicable. 26 Not applicable. Authorization 27 (1) The returning officer for an electoral district may, with the prior approval of the Chief Electoral Officer, authorize any person acting under his or her direction to perform any of the functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 103, 104, 130, 293 to 298, subsections 300(4) and 301(6), and sections 313 to 316. Authorization in writing (2) An authorization under subsection (1) shall be signed and dated by the returning officer. 28 (1) Not applicable. (2) [Repealed] (3) Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Designated person to act (3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during a referendum period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that referendum. (4) Not applicable. (5) Not applicable. 29 Not applicable. 30 (1) Not applicable. (2) Not applicable. Delegation limited (3) An assistant returning officer appointed under subsection 30(2) of the Canada Elections Act may perform the functions of an assistant returning officer only in respect of the area for which they are appointed. Further limitation (4) An assistant returning officer appointed under subsection (2) may not perform the functions described in subsections 28(1), 60(2) and 293(1). Prohibition — acting in another capacity 31 No returning officer or assistant returning officer appointed under subsection 26(1) of the Canada Elections Act shall act in any other capacity under this Act or the Referendum Act. Referendum Officers Appointed by Returning Officer General Referendum officers 32 After the issue of the writ, a returning officer shall appoint the following referendum officers in the prescribed form: (a) the revising agents that the returning officer considers necessary, provided that the Chief Electoral Officer approves of their number; (b) one deputy returning officer and one poll clerk for each advance polling station in the electoral district; (c) one deputy returning officer and one poll clerk for each polling station in the electoral district; and Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (d) a registration officer for each registration desk. Revising Agents Solicitation of names 33 (1) Before appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source. Equal distribution (2) A returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election. Revising agents to work in pairs (3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties. Replacement (4) A returning officer may replace a revising agent at any time and the former revising agent shall return all referendum materials in his or her possession to the returning officer. Lists of revising agents (5) Each returning officer shall make available to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a list of the revising agents for the electoral district, on completion of the list. Identification (6) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request. Deputy Returning Officers and Poll Clerks 34 (1) Not applicable. Replacing deputies (2) A returning officer may, at any time, remove a deputy returning officer. 35 (1) Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Replacing poll clerks (2) A returning officer may, at any time, remove a poll clerk. 36 Not applicable. 37 Not applicable. Replacement for deputy returning officer 38 (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath. Another poll clerk appointed (2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk. Registration Officers Registration offices 39 (1) The returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer. Appointment of registration officers (2) The returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors. Solicitation of names (3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district, to be submitted to the returning officer no later than the 17th day before polling day. If, by that time, a sufficient number of names of suitable persons are not provided by those parties, the returning officer may solicit names from other sources. Equal distribution of appointments (4) The returning officer shall, as far as possible, appoint half of the registration officers from among the persons recommended by each of the registered parties under subsection (3). If either of those parties did not provide a sufficient number of names of suitable persons, that party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources. Equality of Votes 40 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum New Electoral Districts Results transposed 41 (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties have the right to provide the returning officer with lists of persons to be appointed as referendum officers. Special case (2) If the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion. Exception (3) If, in a case to which subsection (2) applies, a referendum is held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as referendum officers in respect of that referendum are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes. Notice to parties (4) When the Chief Electoral Officer has determined which parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify the parties without delay of that right. Merger of Registered Parties Attribution of votes for appointments 42 For the purposes of subsections 33(1) and (2), subsections 39(3) and (4), section 41, and section 9.1 of the Referendum Act in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election. Prohibitions Prohibitions 43 No person shall (a) wilfully obstruct a referendum officer in the performance of his or her duties; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) without authority, use identification simulating that used by a revising agent or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or (c) having been replaced as a referendum officer, fail to give to their replacement or to an authorized person any referendum documents or other referendum materials that the person has received or prepared in the performance of his or her duties. Right of access 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a referendum officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act or the Referendum Act. Exception (2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection. PART 4 Register of Electors Maintenance and Communication of Register 44 Not applicable. 45 Not applicable. Updating the Register 46 Not applicable. 46.1 Not applicable. 46.2 Not applicable. Duty of returning officer 47 During the referendum period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1). 47.1 Not applicable. 48 Not applicable. 49 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 50 Not applicable. 51 Not applicable. 52 Not applicable. 53 Not applicable. 54 Not applicable. Agreements on Giving Information 55 Not applicable. Prohibitions 56 Not applicable. PART 5 Conduct of a Referendum Date of General Election 56.1 Not applicable. 56.2 Not applicable. Writs of Referendum 57 (1) Not applicable. (1.1) Not applicable. (1.2) Not applicable. Polling day (2) In the case of a referendum, (a) the date of issue of the writs shall be the same for all electoral districts; and (b) polling day shall be the same for all electoral districts; (c) not applicable. Polling day held on a Monday (3) Subject to subsection (4), polling day shall be on a Monday. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Exception (4) If, in the week in which the referendum is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week. Times when polling day is Tuesday (5) If the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act or the Referendum Act before or after polling day is to be calculated as if polling day were the Monday. 58 Not applicable. Withdrawal of writ 59 (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act or the Referendum Act. Duties of Chief Electoral Officer (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette. (3) Not applicable. Returning officer to open and maintain an office 60 (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the referendum period. Hours (2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer. Appointment of staff 61 (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act and the Referendum Act. Employment of staff (2) Staff mentioned in subsection (1) shall (a) be appointed in the prescribed form; (b) take the prescribed oath; and (c) be discharged as soon as their services are no longer needed. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Notice of Referendum by Returning Officer Notice of referendum 62 Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Referendum in Form 2 of Schedule 1 that indicates (a) not applicable; (b) the date for polling day; (c) the date and time, not later than seven days after polling day, for the validation of results; and (d) the address of the returning officer’s office. Return by Acclamation 63 Not applicable. Holding of an Election 64 Not applicable. PART 6 Candidates Qualifications 65 Not applicable. Nomination of Candidates 66 Not applicable. 67 Not applicable. 68 Not applicable. 69 Not applicable. 70 Not applicable. 71 Not applicable. 72 Not applicable. 73 Not applicable. 74 Not applicable. 75 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 76 Not applicable. 77 Not applicable. 78 Not applicable. 79 Not applicable. Rights of Candidates 80 Not applicable. 81 Not applicable. 81.1 Not applicable. Obligations of Candidates 82 Not applicable. 83 Not applicable. 84 Not applicable. 85 Not applicable. 85.1 Not applicable. 86 Not applicable. 87 Not applicable. 88 Not applicable. Prohibition 89 Not applicable. 90 Not applicable. 91 Not applicable. 92 Not applicable. Gifts and Other Advantages 92.1 Not applicable. 92.2 Not applicable. 92.3 Not applicable. 92.4 Not applicable. 92.5 Not applicable. 92.6 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum PART 7 Revision of Lists of Electors Preliminary Lists of Electors Sending of information 93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall send it to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district. (1.1) Not applicable. Form of preliminary list of electors (2) A preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names. (3) Not applicable. 94 Not applicable. Notice of Confirmation of Registration Notice to electors 95 (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors who (a) are referred to in paragraph 11(e); (b) have completed a statement of ordinary residence under section 194 or 195; or (c) are referred to in section 222. Form of notice (2) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate (a) the address of the elector’s polling station, and whether or not it has level access; (b) the voting hours on polling day; (c) a telephone number to call for more information; (d) the dates of advance polls and the voting hours and locations of advance polling stations; and Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (e) the fact that proof of an elector’s identity and residence will be required before the elector is allowed to vote. Particular needs (3) The notice of confirmation of registration shall invite the elector to contact the returning officer if he or she (a) requires a language or sign language interpreter; (b) requires level access and his or her polling station does not have it; or (c) is unable to attend at a polling station because of a physical disability. Revision Process Revision of preliminary lists of electors 96 The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day. Referendum officers who are designated to receive applications 97 (1) The returning officer, assistant returning officer and revising agents for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district. Applications for addition, correction or deletion (2) All applications referred to in subsection (1) that are received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval. Rental of offices 98 The returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access. Revision — purpose 99 The returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district by (a) adding the names of electors who were omitted from the lists; (b) correcting information respecting electors whose names are on the lists; and (c) deleting the names of persons whose names were incorrectly inserted on the lists. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Information in Register of Electors 99.1 The Chief Electoral Officer may, for the purpose of section 99, provide to the returning officer and assistant returning officer information contained in the Register of Electors. Revising agents to act jointly 100 (1) Each pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors. Disagreement between revising agents (2) In case of disagreement, the revising agents shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision. Relevant elector information 101 (1) The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if (a) the elector completes the prescribed registration form, establishes that he or she should be included on the list and provides satisfactory proof of identity; (b) another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector; (c) another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provides (i) written authorization from the elector allowing the other elector to complete the form for him or her, and (ii) satisfactory proof of identity in respect of both electors; or (d) the elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath. Addition of elector’s name (1.1) The returning officer or assistant returning officer may also add to the preliminary list of electors the name of any elector whose name is added to the Register of Electors after that list has been prepared. Exclusion from Register of Electors (2) An elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Change of address (3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (c) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address. Deletion of name of elector (4) The returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors if (a) the person requests it and provides satisfactory proof of identity; (b) it is established that the elector is deceased; (c) it is established that the information provided in respect of the elector is not valid; or (d) it is established that the elector no longer resides at the address indicated on the list. Corrections (5) The returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors if (a) the elector has requested the correction under subsection 97(1); or (b) there is an omission, inaccuracy or error. Address change within electoral district (6) An elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the referendum officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question. Notice of confirmation of registration 102 Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1). Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Objection Procedure Objection by elector 103 (1) No later than the 14th day before polling day, an elector whose name appears on a list of electors for an electoral district may make an objection before the returning officer respecting the inclusion of the name of another person on a list of electors for that electoral district. Affidavit of objection (2) An elector who wishes to make an objection under subsection (1) shall complete an affidavit of objection in the prescribed form, alleging that the other person is not entitled to vote in that electoral district, and shall submit the affidavit to the returning officer. Notice to be sent to person objected to (3) The returning officer shall, on the day on which he or she receives an affidavit of objection or on the following day, send to the person objected to, at his or her address given on the list of electors and also at any other address given on the affidavit, a notice in the prescribed form advising the person that he or she may give evidence to show that he or she is entitled to vote in the electoral district in question by (a) appearing personally or by representative before the returning officer at a specified time no later than the 11th day before polling day; or (b) sending the returning officer, before that time, any documentation that the person considers appropriate. Notice to agents (4) The returning officer shall, as soon as possible, send to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a copy of the notice referred to in subsection (3). (5) Not applicable. Examination by returning officer 104 (1) When an objection is made under subsection 103(1), the returning officer may examine on oath the elector who made the objection, the person against whom it was made — if that person wishes to present their position — and any witness present, and make a decision on the basis of the information so obtained. Evidence (2) The onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection. Elector to substantiate case (3) The non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum the elector who makes the objection from proving, to the returning officer on a balance of probabilities, that the name of the person objected to should not appear on the list of electors. Outcome of objection (4) After an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list. Updated Preliminary Lists of Electors 104.1 Not applicable. Revised Lists of Electors and Official Lists of Electors Revised list of electors 105 (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll. (2) Not applicable. Official list of electors 106 Each returning officer shall, on the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day. Form of lists 107 (1) The revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer. (2) Not applicable. (3) Not applicable. (4) Not applicable. Merger of Polling Divisions Merger of polling divisions 108 (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district. Official list (2) The lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Final Lists of Electors Final list of electors 109 (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district. Delivery of final lists to member and parties (2) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district at the last election and to the member who was elected for the electoral district. Extra copies (3) On the request of a registered party or member referred to in subsection (2), the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors. Use of Lists of Electors Registered parties 110 (1) A registered party that, under section 109, receives a copy of final lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members. Members (2) A member who, under section 109, receives a copy of final lists of electors may use the lists for (a) communicating with his or her electors; and (b) in the case of a member of a registered party, soliciting contributions for the use of the registered party and recruiting party members. (3) Not applicable. Prohibitions Prohibitions in relation to lists of electors 111 No person shall (a) wilfully apply to be included in a list of electors in a name that is not his or her own; (b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same referendum; (c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district; (e) wilfully apply to have included in a list of electors the name of an animal or thing; or (f) knowingly use personal information that is recorded in a list of electors for a purpose other than (i) to enable registered parties or members to communicate with electors in accordance with section 110, or (ii) a federal election or referendum. PART 8 Preparation for the Vote List of Deputy Returning Officers List of deputies and poll clerks 112 (1) A returning officer shall, at least three days before polling day, post in his or her office a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act. Access to list (2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time. Referendum Materials Delivery to returning officers 113 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of referendum materials and the necessary instructions for the referendum officers to perform their duties. Ballot boxes 114 (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes. Material of ballot box (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Ballot paper 115 (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer. (2) Not applicable. 116 (1) Not applicable. Form of ballot (2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub. Numbering of ballots (3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil. Books of ballots (4) Ballots shall be in books containing an appropriate number of ballots. Obligation re ballots, ballot paper (5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer. Printer’s name and affidavit (6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5). 117 Not applicable. Property of Her Majesty 118 Ballot boxes, ballots, envelopes and marking instruments procured for a referendum are the property of Her Majesty. Supply of Referendum Materials to Deputy Returning Officer Materials to be supplied to deputy returning officers 119 (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with (a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) a statement showing the number of ballots that are supplied, with their serial numbers; (c) the necessary materials for electors to mark their ballots; (d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance; (e) a copy of the instructions of the Chief Electoral Officer referred to in section 113; (f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies; (g) a ballot box; (h) the text of the oaths to be administered to electors; and (i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer. Safekeeping of referendum materials (2) Until the opening of the poll, each deputy returning officer is responsible for all referendum materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them. Polling Stations and Central Polling Places Establishment of polling stations 120 (1) Each returning officer shall, for polling day, establish one polling station for each polling division. Multiple polling stations (2) No later than three days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on. Division of list of electors (3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station. Certificate of returning officer (4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness. Level access 121 (1) Subject to subsection (2), a polling station shall be in premises with level access. Exception (2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access. Voting compartments (3) Each polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot. Table or desk (4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots. Polling station in adjacent polling division 122 (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains. Polling station in school or other public building (2) Whenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors. Polling station in federal buildings (3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement. Central polling place 123 (1) A returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place. Number of polling stations (2) A returning officer shall not group together more than 15 polling stations in a central polling place without the prior approval of the Chief Electoral Officer. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Presumption (3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains. Appointments at central polling place 124 (1) When a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer, (a) an information officer to provide information to the electors; and (b) a person responsible for maintaining order. Central poll supervisor (2) When a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings. Mobile polling station 125 (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5) of the Canada Elections Act, the returning officer may establish a mobile polling station to be located in each of those institutions successively. Voting hours for mobile polling station (2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1). Notice (3) The returning officer shall give notice to the agents referred to in subsection 10(1) of the Referendum Act of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer. Provisions applicable to mobile polls (4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations. Prohibitions Prohibitions re ballots, etc. 126 No person shall (a) forge a ballot; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at a referendum; (c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print; (d) print a ballot or what purports to be or is capable of being used as a ballot at a referendum with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or (e) manufacture, import into Canada, have in possession, supply to a referendum officer, or use for the purpose of a referendum, or cause to be manufactured, imported into Canada, provided to a referendum officer, or used for the purposes of a referendum, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered. PART 9 Voting Voting Opportunities Manner of voting 127 An elector may vote (a) in person at a polling station on polling day; (b) in person at an advance polling station during the period provided for the advance poll; or (c) by means of a special ballot issued in accordance with Part 11. Polling Day Hours Hours of voting 128 (1) The voting hours on polling day are (a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone; (b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone; (c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone. Exception — Saskatchewan (2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are (a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and (b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m. Daylight-saving time 129 The Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone. When polls lie in two time zones 130 When more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act or the Referendum Act, and shall publish the hours in the Notice of Referendum referred to in section 62. Hours for voting 131 If a referendum is held only in one or more provinces in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m. Time to Employees for Voting Consecutive hours for voting 132 (1) Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours. Time at convenience of employer (2) The time that the employer shall allow for voting under subsection (1) is at the convenience of the employer. Transportation companies (3) This section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum time referred to in subsection (1) cannot be allowed without interfering with the transportation service. No penalty for absence from work to vote 133 (1) No employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1). Hourly, piece-work or other basis of employment (2) An employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid. Prohibition 134 No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132. Proceedings at the Poll Who may be present at polling station 135 (1) The only persons who may be present at a polling station on polling day are (a) the deputy returning officer and the poll clerk; (b) the returning officer and his or her representatives; (c) not applicable; (d) an agent of each registered referendum committee or a maximum of two witnesses, as the case may be; (e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote; and (f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present. Delivery of agent’s or witness’s authorization (2) When an agent of a registered referendum committee or a witness is admitted to a polling station, his or her written authorization in the prescribed form shall be delivered to the deputy returning officer. Agent or witness authorized in writing (3) An agent of a registered referendum committee or a witness bearing a written authorization referred to in subsection (2) is deemed to be an agent of that committee or a witness within the meaning of this Act and the Referendum Act and is entitled to represent that committee in preference to, and to Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum the exclusion of, any elector who might otherwise claim the right to represent that committee. Oath of secrecy (4) Each agent of a registered referendum committee or witness described in paragraph (1)(d), on being admitted to the polling station, shall take an oath in the prescribed form. 136 (1) Not applicable. Agents or witnesses may absent themselves from poll (2) The agents of registered referendum committees and witnesses described in paragraph 135(1)(d) may leave a polling station at any time and return at any time before the counting of the votes begins and are not required to produce new written authorizations or to take another oath. Examination of list of electors and conveying information (3) An agent of a registered referendum committee or a witness may, during voting hours, (a) examine the list of electors, provided that the agent or witness does not delay an elector in casting his or her vote; and (b) convey any information obtained by the examination referred to in paragraph (a) to any agent of the registered referendum committee who is on duty outside the polling station. Communications device (4) An agent of a registered referendum committee or a witness shall not use a communications device at a polling station during voting hours. 137 (1) Not applicable. Non-attendance of agents or witnesses (2) The non-attendance of any agent of a registered referendum committee or witness at any time or place authorized by this Act or the Referendum Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done. Initialling ballots 138 (1) Before a polling station opens on polling day, and in full view of the agents of registered referendum committees or witnesses who are present at the polling station, the deputy returning officer shall initial the back of every ballot, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot. Ballots not to be detached (2) For the purpose of initialling, the ballots shall not be detached from the books in which they are contained. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Vote not to be delayed (3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors. Counting of ballots before opening of poll 139 Agents of registered referendum committees or witnesses who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote. Examining and sealing ballot box 140 When the polling station opens, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present, open the ballot box and ascertain that it is empty, and shall (a) seal the ballot box with the seals provided by the Chief Electoral Officer; and (b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes. Admitting Voters Calling electors 141 Immediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote. Electors not to be impeded 142 (1) The deputy returning officer shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station. One elector at a time (2) A deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment may at any time enter the room where the voting is held. Elector to declare name, etc. 143 (1) Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and, on request, to an agent of a registered referendum committee or to a witness. Proof of identity and residence (2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide to the deputy Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum returning officer and the poll clerk the following proof of his or her identity and residence: (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the elector and his or her name and address; or (b) two pieces of identification authorized by the Chief Electoral Officer each of which establish the elector’s name and at least one of which establishes the elector’s address. Clarification (2.1) For greater certainty, the Chief Electoral Officer may authorize as a piece of identification for the purposes of paragraph (2)(b) any document, regardless of who issued it. Person registered as an Indian (2.2) For the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification. Oath (3) An elector may instead prove his or her identity and residence by taking the prescribed oath if he or she is accompanied by an elector whose name appears on the list of electors for the same polling division and who (a) provides to the deputy returning officer and the poll clerk the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and (b) vouches for him or her on oath in the prescribed form. Proof of residence (3.1) If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven. Request to take an oath (3.2) Despite subsection (3.1), a deputy returning officer, poll clerk, agent of a registered referendum committee or witness who has reasonable doubts concerning the residence of an elector referred to in that subsection may request that the elector take the prescribed oath, in which case his or her residence is deemed to have been proven only if he or she takes that oath. Voting (4) If the deputy returning officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2) or (3), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Prohibition — vouching for more than one elector (5) No elector shall vouch for more than one elector at a referendum. Prohibition — vouchee acting as voucher (6) An elector who has been vouched for at a referendum may not vouch for another elector at that referendum. Publication (7) The Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection. Requirement before administering oath 143.1 If a person decides to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is convicted of voting or attempting to vote at a referendum knowing that he or she is not qualified as an elector. Proof of qualification as elector 144 A deputy returning officer, poll clerk, agent of a referendum committee or witness who has reasonable doubts concerning whether a person intending to vote is qualified as an elector may request that the person take the prescribed oath, and the person shall not be allowed to vote unless he or she takes that oath. Proof of identity, etc., or oath not required 144.1 Once an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3). 145 [Repealed] Name and address corresponding closely to another 146 If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath. Person in whose name another has voted 147 If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes the prescribed oath. Name inadvertently crossed off list 148 If an elector claims that his or her name has been crossed off in error from an official list of electors under Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147. Failure to prove identity or residence 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote. When elector refuses to take improper oath (2) If an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so. Elector not allowed to vote 149 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless (a) the elector gives the deputy returning officer a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); (b) the deputy returning officer ascertains with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or (c) the elector gives the deputy returning officer a registration certificate described in subsection 161(4). Voting Procedure Delivery of ballot to elector 150 (1) Every elector who is admitted to vote shall be given a ballot by the deputy returning officer. Instructions to elector on receiving ballot (2) The deputy returning officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the deputy returning officer are visible and shall direct the elector to return the marked and folded ballot. Manner of voting 151 (1) An elector shall, after receiving a ballot, (a) proceed directly to the voting compartment; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) mark the ballot with a cross or other mark in the circular space opposite the word “yes” or “no” according to his or her choice; (c) fold the ballot as instructed by the deputy returning officer; and (d) return the ballot to the deputy returning officer. Return of ballot (2) The deputy returning officer shall, on receiving the ballot from the elector, (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it; (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box. Spoiled ballot 152 (1) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot. Limit (2) An elector shall not be given more than one ballot under subsection (1). No delay in voting 153 (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box. Electors present at close of voting hours allowed to vote (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote. Special Voting Procedures Assistance by deputy returning officer 154 (1) The deputy returning officer, on request by an elector who is unable to vote in the manner prescribed by this Act because he or she cannot read or has a physical disability, shall assist the elector in the presence of the poll clerk. Template (2) The deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Assistance by friend or related person 155 (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector’s spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot. Exception (2) No person shall as a friend assist more than one elector for the purpose of marking a ballot. Oath (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or she (a) will mark the ballot in the manner directed by the elector; (b) will not disclose the answer to a referendum question for which the elector voted; (c) will not try to influence the elector in choosing an answer to a referendum question; and (d) has not, during the current referendum, assisted another person, as a friend, to mark a ballot. Prohibition — failure to maintain secrecy (4) No person who assists an elector under this section shall, directly or indirectly, disclose the answer to a referendum question for which the elector voted. Use of interpreter 156 A deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer in communicating to an elector any information that is necessary to enable him or her to vote. Elector who is confined to bed 157 (1) At a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk shall (a) suspend temporarily the voting in the polling station; and (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary referendum documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Procedure for taking the votes (2) When the vote of an elector who is confined to bed is taken, the deputy returning officer shall give the elector the assistance necessary to enable the elector to vote. Transfer Certificates 158 (1) Not applicable. Transfer certificate for referendum officer (2) A returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as a referendum officer for another polling station. Condition (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person performs the duty specified in the certificate at the place mentioned in the certificate. Transfer certificate for elector whose polling station has moved (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station. Transfer certificate for elector with a disability 159 (1) An elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district. Application requirements (2) The application shall be in the prescribed form and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district by the elector, his or her friend, spouse, common-law partner or relative, or a relative of his or her spouse or common-law partner. Issue of transfer certificate to disabled elector (3) The returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied that (a) the elector’s name appears on a list of electors for the electoral district; and (b) the polling station established for the polling division in which the elector resides does not have level access. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Signing, numbering and recording transfer certificate 160 The returning officer or assistant returning officer by whom a transfer certificate is issued shall (a) fill in and sign the certificate and mention on it the date of its issue; (b) consecutively number the certificate in the order of its issue; (c) keep a record of the certificate in the order of its issue on the prescribed form; (d) not issue the certificate in blank; and (e) if possible, send a copy of the certificate to the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears. Polling Day Registration Registration in person 161 (1) An elector whose name is not on the list of electors may register in person on polling day if the elector (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain an address that proves his or her residence; or (b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain either an address that proves his or her residence or an address that is consistent with information related to him or her that appears on the list of electors, and (ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors. Place of registration (2) Where subsection (1) applies, the registration may take place before (a) a registration officer at a registration desk established under subsection 39(1); or (b) a deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations. (3) Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Registration certificate (4) Where the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. List deemed to be modified (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate. Prohibition — vouching for more than one elector (6) No elector shall vouch for more than one elector at a referendum. Prohibition — vouchee acting as voucher (7) An elector who has been vouched for at a referendum may not vouch for another elector at that referendum. Requirement before administering oath 161.1 If a person decides to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors. Duties of Poll Clerk Duties of poll clerk 162 Each poll clerk shall (a) make, on the prescribed form, the entries that the deputy returning officer directs under this Act; (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted; (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate; (d) indicate, if applicable, on the prescribed form that the elector has voted, under paragraph 149(b), without his or her name being on the official list of electors; (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146; (f) indicate, if applicable, on the prescribed form that the elector has taken an oath and the type of oath; (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to take an oath; (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2); Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the prescribed oath has been taken or that any other oath that was required to be taken was taken, note any objection that was made on behalf of a registered referendum committee and indicate the committee’s name; (i.1) on request, and at intervals of no less than 30 minutes, provide to an agent of a registered referendum committee, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on polling day, excluding that of electors who registered on that day; (i.2) on request, after the close of the advance polling station, provide to an agent of a registered referendum committee, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on that day excluding that of electors who registered on that day; and (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4). Secrecy Secret vote 163 The vote is secret. Secrecy during and after poll 164 (1) Every referendum officer, agent of a registered referendum committee, witness or other person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote. Secrecy at the poll (2) Except as provided by this Act, no elector shall (a) on entering the polling station and before receiving a ballot, openly declare for which answer to a referendum question the elector intends to vote; (b) show his or her ballot, when marked, so as to allow the answer to a referendum question for which the elector has voted to be known; or (c) before leaving the polling station, openly declare for which answer to a referendum question the elector has voted. Procedure in case of contravention of secrecy (3) It is the duty of each deputy returning officer to draw the attention of any elector to an offence that the elector commits Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum in contravening subsection (2) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so. Prohibitions Prohibition — use of loudspeakers on polling day 165 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing an answer to a referendum question. Prohibitions — emblems, etc., in polling station 166 (1) No person shall (a) post or display in, or on the exterior surface of, a polling place any referendum literature or other material that could be taken as an indication of support for or opposition to an answer to a referendum question; (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes an answer to a referendum question; and (c) in a polling station or in any place where voting at a referendum is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question. (2) Not applicable. Prohibitions re ballots, etc. 167 (1) No person shall (a) apply for a ballot in a name that is not his or her own; (b) use a forged ballot; (c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or (d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession. Other prohibitions (2) No person shall wilfully (a) alter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot; (b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act; (c) take a ballot out of the polling station; or (d) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Prohibitions — deputy returning officers (3) No deputy returning officer shall (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at a referendum; or (b) place on any ballot any writing, number or mark, with intent that the elector to whom the ballot is to be, or has been, given may be identified. PART 10 Advance Polling Establishment of Advance Polling Stations Establishment of advance polling districts 168 (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions. Description of districts (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established. Establishment of advance polling station (3) An advance polling station shall be established in each advance polling district. Combining advance polling districts (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the permission of the Chief Electoral Officer, combine two advance polling districts into one district. Request to move an advance polling station (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Level access (6) An advance polling station shall be in premises with level access. Exception (7) If a returning officer is unable to secure suitable premises with level access for use as an advance polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the advance polling station in premises without level access. Registration Registration at advance polling station 169 (1) Every elector whose name is not on the revised list of electors may register in person before the deputy returning officer in the advance polling station where the elector is entitled to vote. Conditions (2) An elector shall not be registered unless he or she (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain an address that proves his or her residence; or (b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain either an address that proves his or her residence or an address that is consistent with information related to him or her that appears on the list of electors, and (ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors. Registration certificate (3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form and the elector shall sign it. Entry (4) The poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section. Prohibition — vouching for more than one elector (5) No elector shall vouch for more than one elector at a referendum. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Prohibition — vouchee acting as voucher (6) An elector who has been vouched for at a referendum may not vouch for another elector at that referendum. Requirement before administering oath 169.1 If a person chooses to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors. List deemed to be modified 170 When a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate. Voting Procedure Conduct of advance polls 171 (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act. When advance polls to be open (2) An advance poll shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday and Monday, the 10th, 9th and 7th days, respectively, before polling day. Notice of advance poll 172 Each returning officer shall, not later than Saturday, the 16th day before polling day, (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information: (i) the numbers of the polling divisions in every advance polling district established by the returning officer, (ii) the location of each advance polling station, (iii) the place where the deputy returning officer of each advance polling station shall count the number of votes cast at the advance polling station, and (iv) that the counting of the votes cast shall take place on polling day as soon after the close of the polling stations as possible; and (b) send two copies of the notice to the Chief Electoral Officer. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Who may vote at advance polls 173 (1) An elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district. Elector not on the revised list (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless (a) the deputy returning officer has ascertained with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or (b) the elector has obtained a registration certificate in accordance with subsection 169(3). Procedure by poll clerk (3) If an elector whose name does not appear on the revised list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted in accordance with subsection (2). Duties of deputy returning officer 174 (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, the deputy returning officer shall permit the elector to vote unless (a) the elector fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act; or (b) the person refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection. Record of votes cast (2) The poll clerk at the advance polling station shall, under the direction of the deputy returning officer, keep a record in duplicate, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall (a) mark on the record the notations that the poll clerk is required by this Act to make opposite an elector’s name at a polling station on polling day; and (b) direct the elector to sign the record opposite his or her name. Examining and sealing of ballot box 175 (1) At the opening of an advance polling station at noon on the first day of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present, (a) open the ballot box and ascertain that it is empty; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) seal the ballot box with the seals provided by the Chief Electoral Officer; and (c) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day. Close of advance poll (2) At the close of the advance polling station at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present, (a) unseal and open the ballot box; (b) empty the ballots cast during that day, in a manner that does not disclose for which answer to a referendum question any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it; (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it; (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (3), and seal the ballot box. Affixing of signatures (3) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d). The agents of registered referendum committees or witnesses who are present may also place their signatures on the seals. Re-opening of advance poll (4) At the re-opening of the advance polling station at noon on the second and third days of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present, (a) unseal and open the ballot box, leaving in it the sealed envelopes containing the spoiled ballots and the ballots cast on the previous day or days of voting; (b) take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station; and Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (c) seal the ballot box, place it on the table in full view of all present and keep it there until the close of the advance polling station on that day. Custody of ballot box (5) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot box in his or her custody. Agents or witnesses may check seals (6) When an advance polling station closes on each of the three days of the vote, the agents of registered referendum committees or witnesses may take note of the serial number of the seal on the ballot box, and may again take note of the serial number when the advance polling station is re-opened on each of the three days of voting and when the votes are counted on polling day. Collecting the record of votes cast at an advance polling station 176 (1) As soon as possible after the close of advance polling stations on Monday, the seventh day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations. Crossing off names of voters at advance polls from lists (2) Without delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations. When lists already distributed (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct the deputy returning officer to cross their names off the list, and the deputy returning officer shall do so without delay. PART 11 Special Voting Rules Interpretation and Application Definitions 177 The definitions in this section apply in this Part. administrative centre means an area established under section 180 for the distribution of materials and the provision of information. (centre administratif) application for registration and special ballot means an application completed by an elector, other than a Canadian Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Forces elector, in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial) Canadian Forces elector means an elector who is entitled to vote under Division 2. (électeur des Forces canadiennes) commanding officer means the commanding officer of a unit. (commandant) coordinating officer means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246. (agent coordonnateur) deputy returning officer means an elector so designated in accordance with this Part by a commanding officer or returning officer. (scrutateur) incarcerated elector means an elector who is incarcerated in a correctional institution. (électeur incarcéré) inner envelope means an envelope that is supplied by the Chief Electoral Officer in which a ballot is to be enclosed after it has been marked. (enveloppe intérieure) liaison officer means a Canadian Forces elector designated under section 201 or a person appointed under subsection 248(1). (agent de liaison) outer envelope means an envelope that is supplied by the Chief Electoral Officer for the transmission of a ballot after it has been marked and enclosed in an inner envelope. (enveloppe extérieure) special ballot means a ballot that is supplied to an elector who is entitled to vote under this Part. (bulletin de vote spécial) special ballot officer means a person who is appointed by the Chief Electoral Officer under section 183 or 184. (agent des bulletins de vote spéciaux) special voting rules administrator means a person who is appointed under section 181 of the Canada Elections Act. (administrateur des règles électorales spéciales) statement of ordinary residence means a statement completed under section 194 or 195. (déclaration de résidence habituelle) unit has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité) voting territory means an area that is established by or under section 180. (territoire de vote) 178 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Instructions 179 For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent. DIVISION 1 Administration and General Procedures Establishment of voting territories 180 For the purpose of this Part, a voting territory with headquarters in Ottawa is hereby established. The Chief Electoral Officer may establish any additional voting territories or administrative centres in or outside Canada that he or she considers appropriate. 181 Not applicable. Duties of special voting rules administrator 182 The special voting rules administrator shall (a) secure suitable premises; (b) retain the oath of office of each special ballot officer; (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b); (d) obtain from the liaison officers the lists of the names of deputy returning officers that the commanding officers are required to provide; (e) distribute the referendum materials and the text of any referendum question; (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors; (g) proceed with the counting of the votes of electors; and (h) communicate the results of the votes cast in accordance with this Part. Special ballot officers 183 (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows: (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing. Appointment of special ballot officers (2) A special ballot officer shall be appointed in the prescribed form. Appointment of additional special ballot officers 184 (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1). Decision of Chief Electoral Officer (2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects. Merger of parties 185 (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three. Decision of Chief Electoral Officer (2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate. 186 Not applicable. 187 Not applicable. 188 Not applicable. Distribution of referendum materials, etc. 189 The special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place (a) without delay after the writs are issued, a sufficient quantity of referendum materials, including street indexes Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum and guides to electoral districts for the purpose of determining in which electoral district an elector is entitled to vote; (b) not applicable. DIVISION 1 Canadian Forces Electors Definitions Definitions 190 The definitions in this section apply in this Division. elector means a person who is a Canadian Forces elector under section 191. (électeur) voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin) Voting Entitlement and Electoral Districts Canadian Forces electors 191 Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at a referendum under section 4: (a) a member of the regular force of the Canadian Forces; (b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service; (c) a member of the special force of the Canadian Forces; and (d) a person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school. Voting limited to electoral district of ordinary residence 192 An elector is only entitled to vote under this Division in respect of the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence. Voting in actual place of ordinary residence 193 An elector who has not voted under this Division may vote at the polling station established for the polling division of the elector’s place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Statement of Ordinary Residence Completion on enrolment, etc. 194 (1) In order to vote under this Division, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicates (a) his or her surname, given names, sex and rank; (b) his or her date of birth; (c) the civic address of his or her place of ordinary residence in Canada immediately before the enrolment or hiring; and (d) his or her current mailing address. Completion on becoming ordinarily resident (2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence. Members of Canadian Forces not entitled to vote (3) A person who was not qualified as an elector when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4). Change of ordinary residence, etc. (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of (a) the place of ordinary residence of the spouse, the common-law partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces; (b) the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; or (c) the elector’s place of ordinary residence immediately before being enrolled in or hired by the Canadian Forces. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum When no statement completed (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) may do so at any time. Coming into force of amendments (6) An amendment to a statement of ordinary residence takes effect (a) if it is made during a referendum period, 14 days after polling day; and (b) if it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it. Optional information (7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the elector to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information. Completion by reserve member not on active service 195 (1) A member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of the writs and ending on the Saturday immediately before polling day, is on fulltime training or service, shall complete a statement of ordinary residence in the prescribed form that indicates (a) the member’s surname, given names, sex and rank; (b) the member’s date of birth; (c) the civic address of the member’s place of ordinary residence in Canada immediately before that full-time training or service began; and (d) the member’s current mailing address. Completion by reserve member on active service (2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on fulltime training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates (a) the member’s surname, given names, sex and rank; (b) the member’s date of birth; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (c) the civic address of the member’s place of ordinary residence in Canada immediately before the member was placed on active service; and (d) the member’s current mailing address. Members of reserve force not entitled to vote (3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4). Change of ordinary residence, etc. (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of (a) the place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin; (b) the place where the elector is residing by reason of his or her being on training or service; or (c) the elector’s place of ordinary residence immediately before being on training or service. When no statement completed (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time. Coming into force of amendments (6) An amendment to a statement of ordinary residence takes effect (a) if it is made during a referendum period, 14 days after polling day; and (b) if it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it. Optional information (7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the member to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the member is not required to provide that information. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Statement to be sent to Chief Electoral Officer 196 (1) The original of a statement of ordinary residence of an elector, other than a statement completed under section 195, shall be sent to the Chief Electoral Officer and a copy of that original shall be kept in the unit in which the elector is serving. Validation (2) On receiving the statement of ordinary residence, the Chief Electoral Officer shall (a) validate it by indicating on it the name of the electoral district that includes the place of ordinary residence shown in the statement; and (b) return it to the commanding officer of the unit in which the elector is serving. Retention of validated statement (3) On receiving the statement of ordinary residence, the commanding officer shall destroy the copy kept under subsection (1) and keep the validated original with the elector’s unit service documents. Prior statements to be destroyed (4) On receiving the validated statement of ordinary residence, the commanding officer may destroy any other original or copy of a statement of ordinary residence that was filed with the elector’s unit service documents. Filing of reservists’ statements 197 A statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on fulltime training or service or active service, as the case may be. Retention of statements 198 Statements of ordinary residence shall be retained for a period of one year after a person ceases to be entitled to vote under this Division and may be destroyed at the end of that period. Coordinating Officer Designation 199 (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between referendums, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division. Duties (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector: Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (a) the elector’s surname, given names, sex and rank; (b) the elector’s date of birth; (c) the civic address of the elector’s place of ordinary residence indicated on any validated statement of ordinary residence; and (d) the elector’s current mailing address. Steps to Prepare for Vote Duties of Chief Electoral Officer 200 Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue and of the location of voting territories and administrative centres. Duties of Minister of National Defence 201 On being informed of the issue of the writs, the Minister of National Defence shall designate one or more electors to act as liaison officers for the vote. Duties of coordinating officer 202 On being informed of the issue of the writs, the coordinating officer shall (a) inform each commanding officer of their issue; and (b) inform the Chief Electoral Officer of the name and address of each liaison officer. Duty of liaison officers to communicate with unit 203 (1) On being designated, a liaison officer shall communicate with each commanding officer in respect of whose unit the liaison officer has liaison duties, with respect to any matter that relates to the vote. Duty to cooperate with Chief Electoral Officer (2) A liaison officer shall cooperate with the Chief Electoral Officer in the administration of the vote. Duties of Commanding Officers Notice 204 (1) On being informed of the issue of the writs, each commanding officer shall (a) publish a notice as a part of unit orders; and (b) prepare a list of the names of the electors of his or her unit. Contents of notice (2) The notice shall notify electors that a referendum has been called and of the date of polling day and shall inform the electors that Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (a) they may vote in accordance with this Division; and (b) the commanding officer will designate one or more deputy returning officers to collect their votes and fix the voting times during the voting period. Contents of list (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names, sex and rank, and (a) if the elector’s statement of ordinary residence has been validated, the name of the elector’s electoral district; or (b) if the elector’s statement of ordinary residence has not been validated, the place of ordinary residence as indicated in the statement of ordinary residence. Duties of commanding officer 205 (1) Within seven days after being informed of the issue of the writs, each commanding officer shall (a) establish polling stations; (b) designate an elector as the deputy returning officer for each polling station; (c) through a liaison officer, provide the Chief Electoral Officer with a list of the designated deputy returning officers and their ranks, and sufficient copies of the list of electors for the unit; and (d) provide the designated deputy returning officers with a copy of the list of electors for the unit. Facilities (2) Each commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division. Voting times (3) Each commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period. Mobile polling station 206 (1) A commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit. Opening period (2) A mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Joint polling stations 207 The commanding officers of units that are in the same locality may establish one polling station for all electors in their units, if the commanding officers consider that it would be expedient for the purposes of this Division. Notice of polling stations and voting times 208 During each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that states (a) the days on which the electors may vote; (b) the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and (c) in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location. Referendum materials 209 On receiving referendum materials and the text of any referendum question, each commanding officer shall (a) distribute the materials in sufficient quantities to the designated deputy returning officers; and (b) post copies of the text in conspicuous places. Voting Duties of deputy returning officer 210 During the voting period, a deputy returning officer for a unit shall, at each polling station, (a) put in conspicuous places two or more copies of voting instructions provided by the Chief Electoral Officer and relating to the vote under this Division in the prescribed form; and (b) keep available for consultation by the electors one copy of this Part, one set of street indexes, and one guide to electoral districts. 211 Not applicable. Completion of certain documents 212 Before delivering a special ballot to an elector, a deputy returning officer shall require the elector to complete a statement of ordinary residence, if none has been placed in the elector’s unit service documents, and to make and sign the declaration on the outer envelope. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Provision of special ballot, etc. 213 (1) A deputy returning officer shall, on completion of the documents referred to in section 212, give the elector a special ballot, an inner envelope and the outer envelope signed by the elector. Voting on special ballot (2) The elector shall vote by marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the special ballot, in private, folding the special ballot and, in the presence of the deputy returning officer, (a) placing the folded special ballot in the inner envelope and sealing the envelope; and (b) placing the inner envelope in the outer envelope and sealing the outer envelope. (3) Not applicable. Spoiled special ballot (4) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as spoiled and give an additional special ballot to the elector. Limit (5) An elector shall not be given more than one special ballot under subsection (4). Return of vote — information 214 (1) The deputy returning officer shall inform an elector that, in order to be counted, the outer envelope must be received by the special voting rules administrator in Ottawa not later than 6:00 p.m. on polling day. The deputy returning officer shall inform the elector of the location of the nearest post office or mail box and of the service provided by the Canadian Forces to deliver the outer envelope. Sending the outer envelope (2) If the elector does not use the delivery service provided by the Canadian Forces, it is the elector’s responsibility to ensure that the outer envelope is sent to the special voting rules administrator. Postage (3) If the elector chooses to use a postal service, the deputy returning officer must ensure that sufficient postage is affixed to the outer envelope. Voting by deputy returning officer 215 A deputy returning officer who is qualified to vote may vote in accordance with this Division. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Assistance 216 (1) If an elector is, because of a physical disability, unable to vote in the manner described in this Division, the deputy returning officer shall assist him or her by (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and (b) marking the special ballot as directed by the elector in his or her presence and in the presence of another elector selected by the elector as a witness. Note and keeping vote secret (2) The deputy returning officer and an elector acting as a witness shall (a) sign a note on the outer envelope indicating that the elector was assisted; and (b) keep secret the answer to any referendum question for which the elector voted. Hospitalized or convalescing elector 217 (1) An elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution. Deputy returning officer for hospitalized electors (2) If no deputy returning officer has been designated for a service hospital or convalescent institution, the deputy returning officer for the unit to which the hospital or institution belongs is the deputy returning officer for electors who are patients in the hospital or institution. Bed-ridden electors (3) A deputy returning officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the commanding officer for the unit approves, go from room to room to administer and collect the votes of electors who are confined to bed. Duty, leave or furlough 218 An elector who provides satisfactory evidence of their absence from their unit during the voting times fixed for the polling stations in his or her unit because of duty, leave or furlough may apply to a deputy returning officer of another unit to vote at that officer’s polling station. End of voting period — delivery of documents 219 (1) At the end of the voting period, the deputy returning officer for a unit shall deliver to the unit’s commanding officer Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (a) the outer envelopes that contain the marked special ballots; (b) any unused or spoiled outer envelopes; (c) any unused or spoiled special ballots and unused inner envelopes; and (d) in a separate and clearly identified parcel, every statement of ordinary residence completed at the time of voting. Duties of commanding officer (2) On receipt of the documents referred to in subsection (1), the commanding officer shall (a) deal with the originals and copies of the statements of ordinary residence in accordance with this Division; and (b) deliver to the Chief Electoral Officer all other documents and referendum materials received from the deputy returning officers. DIVISION 3 Electors Temporarily Resident Outside Canada Definitions 220 The definitions in this section apply in this Division. elector means an elector, other than a Canadian Forces elector, who resides temporarily outside Canada. (électeur) register means the register referred to in subsection 222(1). (registre) Inclusion in register of electors temporarily resident outside Canada 221 An elector may vote under this Division if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register. Register of electors 222 (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who (a) at any time before making the application, resided in Canada; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) has been residing outside Canada for less than five consecutive years immediately before making the application; and (c) intends to return to Canada to resume residence in the future. Exception (2) Paragraph (1)(b) does not apply to an elector who is (a) employed outside Canada in the federal public administration or the public service of a province; (b) employed outside Canada by an international organization of which Canada is a member and to which Canada contributes; (c) a person who lives with an elector referred to in paragraph (a) or (b); or (d) a person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d). Inclusion in register 223 (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include (a) satisfactory proof of the elector’s identity; (b) if paragraph 222(1)(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2); (c) the elector’s date of birth; (d) the date the elector left Canada; (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada; (f) the date on which the elector intends to resume residence in Canada; (g) the elector’s mailing address outside Canada; and (h) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote. Optional information (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum section 55 of the Canada Elections Act, but the elector is not required to provide that information. Prohibition — change of address 224 The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register. Information to be provided 225 The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register. Deletion of names from register 226 The Chief Electoral Officer shall delete from the register the name of an elector who (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer; (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register; (c) has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death; (d) returns to Canada to reside; (e) cannot be contacted; or (f) except for an elector to whom any of paragraphs 222(2)(a) to (d) applies, has resided outside Canada for five consecutive years or more. Sending of special ballot and envelopes 227 (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to every elector whose name is entered in the register, at the address referred to in paragraph 223(1)(g). Voting by special ballot (2) An elector shall vote by special ballot by (a) marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the ballot; (b) placing the ballot in the inner envelope and sealing it; (c) placing the inner envelope in the outer envelope; and (d) signing the declaration on the outer envelope and sealing it. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (3) Not applicable. Sending of outer envelope 228 An elector shall send the sealed outer envelope to the Chief Electoral Officer (a) by mail or any other means; or (b) by delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate. Deadline for return of vote 229 The special ballot must arrive at the office of the Chief Electoral Officer in Ottawa not later than 6:00 p.m. on polling day in order to be counted. Responsibilities of elector 230 For the purpose of this Division, an elector has the sole responsibility to ensure that (a) his or her application for registration and special ballot is made within the period specified; and (b) his or her special ballot is received within the period specified to be counted. DIVISION 4 Electors Residing in Canada Definition of elector 231 For the purpose of this Division, elector means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division. Conditions for voting by special ballot 232 An elector may vote under this Division if his or her application for registration and special ballot is received after the issue of the writs and before 6:00 p.m. on the 6th day before polling day (a) by a returning officer in an electoral district; or (b) by the special voting rules administrator. Information required for application 233 (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information: (a) the elector’s name and place of ordinary residence; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) the elector’s date of birth; (c) satisfactory proof of the elector’s identity and residence; (d) the elector’s mailing address; and (e) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote. Electors in danger (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act. Optional information (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information. Information provided (3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors and, if it is, in which electoral district. Name of elector previously included on list of electors 234 (1) The special voting rules administrator shall inform the returning officer of any elector whose name is on a list of electors for the returning officer’s electoral district and who has received a special ballot from another electoral district. The returning officer shall indicate on the list of electors that the elector has received a special ballot. Name of elector not previously included on list (2) If an elector’s name is not already included on a list of electors, the special voting rules administrator shall so inform the returning officer for the electoral district in which the elector is to vote by special ballot. The returning officer shall enter the elector’s name on the list of electors for the appropriate polling division in that electoral district and shall indicate that the elector has received a special ballot. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Vote by special ballot only 235 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division. Note on the list of electors 236 If an elector applies for registration and special ballot in his or her electoral district, the returning officer shall, if necessary, add the elector’s name to the appropriate list of electors and shall indicate on the list that the elector has received a ballot in accordance with this Division. Provision of special ballot 237 On acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, an inner envelope and an outer envelope. Voting by special ballot 238 An elector who has received a special ballot under this Division may vote in accordance with subsection 227(2). Sending to Chief Electoral Officer 239 (1) An elector who does not vote in his or her electoral district shall send the sealed outer envelope to the special voting rules administrator (a) by mail or any other means; or (b) by delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any place that the Chief Electoral Officer may designate. Deadline for receipt (2) In order to have the special ballot counted, an elector shall ensure that the ballot is received (a) if the special ballot is cast in the elector’s electoral district, at the office of the returning officer before the close of the polling stations on polling day; or (b) if the special ballot is cast outside the elector’s electoral district, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day. Responsibilities of elector 240 For the purpose of this Division, an elector has the sole responsibility to ensure that (a) his or her application for registration and special ballot is made within the period specified; and (b) his or her special ballot is received within the period specified to be counted as a vote. 241 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Spoiled ballot 242 (1) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the referendum officer who shall mark it as spoiled and give the elector another special ballot. Limit (2) An elector shall not be given more than one special ballot under subsection (1). Assistance 243 (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a physical disability is unable to vote in the manner described in this Division, the designated referendum officer shall assist the elector by (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and (b) marking the ballot as directed by the elector in his or her presence. Note on outer envelope (2) A referendum officer who assists an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted. Registration, voting at home 243.1 (1) On application of an elector who is unable to read, or who is unable to vote in the manner described in this Division because of a physical disability, and who is unable to personally go to the office of the returning officer because of a physical disability, the designated referendum officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by (a) completing the declaration on the outer envelope and writing the elector’s name where the elector’s signature is to be written; and (b) marking the ballot as directed by the elector in the elector’s presence. Note on outer envelope (2) The referendum officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum DIVISION 5 Incarcerated Electors Definition of elector 244 For the purpose of this Division, elector means an incarcerated elector. Entitlement to vote 245 (1) Every person who is incarcerated and who is otherwise qualified to vote under this Act is entitled to vote under this Division on the 10th day before polling day. Exercise of right to vote (2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257. Vote to be in electoral district (3) An elector is entitled to vote under this Division only in respect of the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251. Designation of coordinating officers 246 The ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between referendums with the Chief Electoral Officer to carry out the purposes and provisions of this Division. Notification of issue of the writs 247 (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the minister responsible for corrections in a province of their issue and of the location of administrative centres. Designation of liaison officers (2) On being informed of the issue of the writs, each minister responsible for corrections in a province shall (a) inform the coordinating officer for that province of the issue of the writs; (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and (c) inform the Chief Electoral Officer and the coordinating officer for that province of the name and address of each liaison officer. Liaison officers 248 (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Duty to cooperate (2) During the referendum period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors. Duty of coordinating officer 249 When a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors. Notice of entitlement to vote 250 (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division. Voting hours (2) The polling stations shall be open on the 10th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day. Application for registration and special ballot 251 (1) Before the 10th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2). Residence of elector (2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses: (a) his or her residence before being incarcerated; (b) the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration; (c) the place of his or her arrest; or (d) the last court where the elector was convicted and sentenced. Optional information (3) In addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Validation (4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2). Dispute about electoral district (5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors. List of incarcerated electors 252 Applications for registration and special ballot are deemed to be the list of electors who vote under this Division. Appointment of deputy returning officers and poll clerks 253 (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and appoint a deputy returning officer and a poll clerk for each polling station. Provision of referendum materials (2) A liaison officer shall, on receiving the referendum materials and the text of any referendum question, (a) provide the materials in sufficient quantities to the deputy returning officers appointed under subsection (1) for the correctional institution; and (b) post the text of any referendum question in one or more conspicuous places in the correctional institution. Duties of deputy returning officer 254 On the day on which the electors cast their ballots, the deputy returning officer shall, at each polling station, (a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and (b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, and a guide to electoral districts. Mobile polling stations 255 (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Common mobile polling stations (2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other. 256 Not applicable. Declaration of elector 257 (1) Before delivering a special ballot to an elector, the deputy returning officer for a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to make and sign the declaration on the outer envelope. Giving special ballot to elector (2) After the elector has signed the declaration on the outer envelope, the deputy returning officer shall (a) sign the outer envelope; and (b) give the elector a special ballot, an inner envelope and the outer envelope. Voting by special ballot 258 (1) The elector shall vote by marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the special ballot, folding the special ballot and, in the presence of the deputy returning officer, (a) placing the ballot in the inner envelope and sealing the envelope; and (b) placing the inner envelope in the outer envelope and sealing the outer envelope. (2) Not applicable. Spoiled special ballot (3) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot and give the elector another special ballot. Limit (4) An elector shall not be given more than one special ballot under subsection (3). Assistance 259 (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning officer shall assist the elector by (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) marking the special ballot as directed by the elector in his or her presence and in the presence of the poll clerk. Note on outer envelope (2) The deputy returning officer and the poll clerk shall sign a note on the outer envelope indicating that the elector was assisted. Delivery of documents after the vote 260 Without delay after the votes have been cast at a correctional institution, the deputy returning officer shall deliver to the liaison officer for the institution (a) the outer envelopes that contain the marked special ballots; (b) any unused or spoiled outer envelopes; (c) any unused or spoiled special ballots and unused inner envelopes; and (d) the applications for registration and special ballot. Deadline for return of referendum material 261 Every liaison officer shall ensure that the referendum material referred to in section 260 is received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day. Integration into final list of electors 262 The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109. DIVISION 6 Counting of Votes at the Office of the Chief Electoral Officer Application 263 This Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7. Administration 264 (1) The counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator. Special ballot officers (2) Special ballot officers shall work in pairs of persons representing different registered parties. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Directives 265 The Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other referendum documents, and instructions for the receiving, sorting and counting of special ballots. Counting of votes 266 The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day. Setting aside of outer envelope 267 (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination that (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot; (b) the envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector; (c) the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained; or (d) the outer envelope has been received in Ottawa by the special voting rules administrator after 6:00 p.m. on polling day; (e) not applicable. Procedure when elector votes more than once (2) If, after receiving but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened. Disposition of outer envelopes that are laid aside (3) When an outer envelope is laid aside unopened as described in subsection (1) or (2), (a) the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside; (b) at least two special ballot officers shall initial the endorsement; and (c) in the case of an outer envelope laid aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Special report (4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside under this Division. Duties of special ballot officers 268 Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time. Rejection of ballots 269 (1) Each pair of special ballot officers shall, on examining a special ballot, reject it if (a) it has not been supplied by the Chief Electoral Officer; (b) it is not marked; (c) not applicable; (d) it is marked in favour of more than one answer to a referendum question; or (e) there is any writing or mark on it by which the elector could be identified. (2) Not applicable. Disputed ballots (3) If a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final. Note of dispute (4) The number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers. Statements of the vote 270 (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator. Safekeeping (2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280. Copy to special ballot officer (3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Chief Electoral Officer to be informed of results of vote 271 Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of (a) the number of votes counted for each answer to a referendum question for every electoral district; (b) the total number of votes counted for each electoral district; and (c) the number of rejected ballots for each electoral district. Sending of material to Chief Electoral Officer 272 As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes, (a) the lists of electors; (b) all other documents and referendum materials received from commanding officers, deputy returning officers and special ballot officers; (c) the oaths of office; and (d) the complete files of correspondence, reports and records in his or her possession. DIVISION 7 Counting of Votes in the Office of the Returning Officer Appointment of deputy returning officer and poll clerk 273 (1) The returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the special ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it. Assignment of duties (2) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Merger of parties (3) For the purpose of subsection (2), in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with one or more parties that were registered parties at the last election, there shall be attributed to the candidate of the merged party, the number of votes of the candidate of the merging party with the largest number of votes at that last election. Notification of persons appointed (4) The returning officer shall, as soon as possible, notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the name and address of the persons appointed as the deputy returning officer and the poll clerk. Who may be present at counting 274 An agent of a registered referendum committee or witness may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer. Ballots to be kept sealed 275 (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer. Return outer envelopes (2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt. Verification of envelopes 276 (1) A deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district. Notice (2) The returning officer shall notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the time and place of the verification. Provision of materials to deputy returning officer (3) The deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required. Setting aside of outer envelope 277 (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot; (b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector; (c) more than one ballot has been issued to an elector; or (d) the outer envelope was received after the prescribed deadline. Registering objections (2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form. Noting of reasons for setting aside (3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope. Counting of outer envelopes 278 (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes. Inner envelopes (2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer. Counting the votes (3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes. Rejection of ballots 279 (1) The deputy returning officer shall, in counting the ballots, reject a ballot if (a) it has not been supplied for the referendum; (b) it is not marked; (c) not applicable; (d) it is marked in favour of more than one answer to a referendum question; or (e) there is any writing or mark on it by which the elector could be identified. (2) Not applicable. (3) Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum DIVISION 8 Communication of the Results of the Vote Communication of results 280 (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at a referendum, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each answer to a referendum question and the number of rejected ballots. Release of information (2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules. DIVISION 9 Prohibitions Prohibitions — inside or outside Canada 281 No person shall, inside or outside Canada, (a) wilfully disclose information as to how a special ballot has been marked by an elector; (b) wilfully interfere with, or attempt to interfere with, an elector when marking a special ballot, or otherwise attempt to obtain any information as to the answer to a referendum question for which any elector is about to vote or has voted; (c) knowingly make a false statement in an application for registration and special ballot; (d) knowingly apply for a special ballot to which that person is not entitled; (e) knowingly make a false statement in a declaration signed by him or her before a deputy returning officer; (f) knowingly make a false declaration in the statement of ordinary residence completed by him or her; (g) wilfully prevent or endeavour to prevent an elector from voting at a referendum; or (h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the answer to a referendum question for which a vote is given in a particular special ballot. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Prohibitions — outside Canada 282 No person shall, outside Canada, (a) by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part; or (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at a referendum is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part. PART 12 Counting Votes Polling Stations Counting the votes 283 (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any agents of registered referendum committees or witnesses who are present or, if no agents or witnesses are present, in the presence of at least two electors. Tally sheets (2) The deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting. Steps to follow (3) The deputy returning officer shall, in the following order, (a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states “The number of electors who voted at this referendum in this polling station is (stating the number)”, sign the list, and place the list in the envelope supplied for the purpose; (b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it; (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it; (d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for; Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (e) open the ballot box and empty its contents onto a table; and (f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the answer to a referendum question for which the vote was cast for the purpose of arriving at the total number of votes cast for each answer to a referendum question. Rejection of ballots 284 (1) In examining the ballots, the deputy returning officer shall reject one (a) that has not been supplied by him or her; (b) that has not been marked in a circle opposite a referendum question; (c) not applicable; (d) that has been marked in more than one circle opposite a referendum question; or (e) on which there is any writing or mark by which the elector could be identified. Limitation (2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil. Counterfoils remaining attached (3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil. Ballots not initialled by deputy returning officer 285 If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that (a) the ballot was supplied by him or her; and (b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d). Objections to ballots 286 (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by an agent of a registered referendum committee or a witness, give a number to the objection, write that number on the ballot and initial it. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Decision of deputy returning officer (2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount. Statement of the vote 287 (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each answer to a referendum question and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose. Copies of the statement of the vote (2) The deputy returning officer shall give a copy of the statement of the vote to each of the agents of registered referendum committees and witnesses present at the count. Marked ballots 288 (1) The deputy returning officer shall place the ballots for each answer to a referendum question into separate envelopes, write on each envelope the number of votes cast for that answer, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them. Rejected ballots (2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes. Documents to be enclosed in a large envelope (3) The deputy returning officer shall seal in a large envelope supplied for the purpose (a) the envelopes that contain the marked ballots for each answer to a referendum question, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and (b) any other referendum documents, except for the envelopes that contain the statements of the vote and the registration certificates. Documents to be placed in the ballot box (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box. Sealing ballot box (5) The ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Advance Polls Counting of votes on polling day 289 (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes. Application of rules for counting votes (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll. Prohibition (3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day. Delivery of Ballot Boxes to Returning Officer Sending ballot boxes and statement to returning officer 290 (1) The deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer. Collection of ballot boxes (2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer. Provision of statements to agents 291 A returning officer shall, on request, provide each agent referred to in subsection 10(1) of the Referendum Act one copy of each statement of the vote in the electoral district. Safekeeping of ballot boxes 292 A returning officer, on the receipt of each ballot box, shall (a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and (b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum PART 13 Validation of Results by the Returning Officer Validation of results 293 (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280. Adjournment if ballot boxes or information not received (2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days. Further adjournment (3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks. Witnesses at validation 294 Agents of registered referendum committees may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed. Opening ballot box in certain cases 295 (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by an agent of a registered referendum committee, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope. Information on envelopes containing ballots (2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose. Limitation (3) The returning officer shall not open an envelope that appears to contain ballots. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Resealing of loose papers (4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal. Loss or destruction of ballot boxes 296 (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box. Power to summon and examine (2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she (a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each answer to a referendum question at the polling stations; (b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and (c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question. Notice to agents (3) If paragraph (2)(b) applies, the returning officer shall give notice to the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act for that electoral district of the date and time fixed for the appearance. Obligation to comply with summons (4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it. Certificate of votes cast 297 Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each agent that made a request pursuant to subsection 10(1) of the Referendum Act. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each answer to a referendum question. Ballot boxes 298 After the close of a referendum, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum PART 14 Judicial Recount Interpretation Definition of judge 299 (1) In this Part, judge means a judge who sits in the electoral district where the results are validated. Powers of judge (2) A judge who is authorized by subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act to act may act, to the extent authorized, within or outside his or her judicial district. Recount Procedure 300 (1) Not applicable. (2) Not applicable. (3) Not applicable. Documents to be supplied (4) The returning officer shall attend the recount and shall bring all relevant referendum materials including (a) the ballot boxes; (b) the statements of the vote used to validate the results; and (c) all ballots cast and statements of the vote made in accordance with Part 11. 301 (1) Not applicable. (2) Not applicable. (3) Not applicable. Date for recount and summons (4) Where an application for recount is made under subsections 29(1) or (2) of the Referendum Act, and the judge orders a recount, the judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11. Notice to applicants (5) The judge shall notify each person who made an application pursuant to subsection (4) in writing of the time and place fixed for the recount. The judge may decide that service Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum of the notice will be substitutional, by mail or posting or in any other manner. Returning officer required to attend (6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount. More than one application 302 If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications. 303 Not applicable. Recount procedure 304 (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer. Documents that may be examined (2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other referendum documents. Steps to be taken by judge (3) At a recount, the judge shall (a) count the ballots in the manner prescribed for a deputy returning officer or a special ballot officer; (b) verify or correct, if necessary, each statement of the vote; and (c) review the decision of the returning officer with respect to the number of votes cast for each answer to a referendum question, in the case of a missing or destroyed ballot box or statement of the vote. Powers of judge (4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer. Additional powers of judge (5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum oath and, for that purpose, has the same power that is vested in any court of record. Clerical assistants (6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part. Proceedings to be continuous 305 The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m. Security of documents 306 (1) During a break described in section 305, the judge or any other person who has possession of ballots and other referendum documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance. Supervision of sealing (2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security. 307 Not applicable. Procedure at conclusion of recount 308 At the conclusion of a recount, the judge shall (a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question; and (b) deliver the original of the certificate to the returning officer and a copy of it to each agent who made a request pursuant to subsection 10(1) of the Referendum Act. 309 Not applicable. 310 Not applicable. Failure of Judge to Conduct Recount Failure of judge to act 311 (1) If a judge does not comply with the provisions of subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3) Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (a) in the Province of Ontario, to a judge of the Superior Court of Justice; (b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory; (c) in the Province of Nova Scotia or British Columbia, to a judge of the Supreme Court of the Province; (d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and (e) in the Province of Prince Edward Island or Newfoundland, to a judge of the trial division of the Supreme Court of the Province. Application on affidavit (2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply. Order of judge (3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order (a) fixing the time, within the following eight days, and place to hear the application; (b) directing the attendance of all parties interested at that time and place; and (c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party. Affidavits may be filed in reply (4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand. Order of court after hearing 312 (1) After hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same court (a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act and the Referendum Act in respect of the recount; (b) not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Judge to obey order (2) A judge found to be in default shall without delay comply with an order made under subsection (1). (3) Not applicable. PART 15 Return of the Writ Referendum return 313 (1) The returning officer, without delay after the 10th day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare which answer to a referendum question obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ. Equality of votes (2) If there is an equality of votes between each answer to a referendum question, the returning officer shall indicate that on the return of the writ. Sending of documents 314 (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all referendum documents in his or her possession together with (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the referendum documents received from the deputy returning officers; (b) a summary, in the prescribed form, of the number of votes cast for each answer to a referendum question at each polling station; and (c) all other documents that were used at the referendum. Report re disappearance of ballot box, etc. (2) In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each answer to a referendum question. 315 (1) Not applicable. Premature return (2) A premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Correction of writ (3) The Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related referendum documents to the returning officer for completion or correction. Where report made before recount 316 (1) Where, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all referendum documents required for use at the recount. Duties of returning officer on recount (2) On receiving a judge’s certificate with respect to the result of a recount, the returning officer shall (a) if the result of the recount does not confirm the original return of the writ, make a substitute return of the writ; or (b) if the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ. Effect of substitute return (3) A substitute return made under paragraph (2)(a) has the effect of cancelling the original return. 317 Not applicable. 318 Not applicable. PART 16 Communications Interpretation Definitions 319 The definitions in this section apply in this Part. referendum advertising means the transmission to the public by any means during a referendum period of an advertising message that supports or opposes an answer to a referendum question. For greater certainty, it does not include (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news; (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum was planned to be made available to the public regardless of whether there was to be a referendum; (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or (d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views. (publicité référendaire) referendum survey means an opinion survey of how electors voted or will vote at a referendum. (sondage référendaire) Referendum Advertising 320 Not applicable. 321 Not applicable. Referendum advertising posters 322 (1) No landlord or person acting on their behalf may prohibit a tenant from displaying referendum advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying referendum advertising posters on the premises of his or her unit. Permitted restrictions (2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of referendum advertising posters that may be displayed on the premises and may prohibit the display of referendum advertising posters in common areas of the building in which the premises are found. 323 Not applicable. 324 Not applicable. Prohibition — prevention or impairment of transmission 325 (1) No person shall prevent or impair the transmission to the public of a referendum advertising message without the consent of a person with authority to authorize its transmission. Exception (2) Subsection (1) does not apply with respect to (a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety. Referendum Opinion Surveys Transmission of referendum survey results 326 (1) The first person who transmits the results of a referendum survey — other than a survey that is described in section 327 — to the public during a referendum period and any person who transmits them to the public within 24 hours after they are first transmitted to the public must provide the following together with the results: (a) the name of the sponsor of the survey; (b) the name of the person or organization that conducted the survey; (c) the date on which or the period during which the survey was conducted; (d) the population from which the sample of respondents was drawn; (e) the number of people who were contacted to participate in the survey; and (f) if applicable, the margin of error in respect of the data obtained. Additional information — published surveys (2) In addition to the information referred to in subsection (1), the following must be provided in the case of a transmission to the public by means other than broadcasting: (a) the wording of the survey questions in respect of which data is obtained; and (b) the means by which a report referred to in subsection (3) may be obtained. Report on survey results (3) A sponsor of a referendum survey shall, at any time during a referendum period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable: (a) the name and address of the sponsor of the survey; (b) the name and address of the person or organization that conducted the survey; (c) the date on which or the period during which the survey was conducted; (d) information about the method used to collect the data from which the survey results are derived, including Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (i) the sampling method, (ii) the population from which the sample was drawn, (iii) the size of the initial sample, (iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey, (v) the dates and time of day of the interviews, (vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and (vii) any weighting factors or normalization procedures used in deriving the results of the survey; and (e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained. Fee may be charged (4) A sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3). Broadcast of surveys not based on recognized statistical methods 327 The first person who transmits the results of a referendum survey that is not based on recognized statistical methods to the public during a referendum period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods. Prohibition — causing transmission of referendum survey results during blackout period 328 (1) No person shall knowingly cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of a referendum survey that have not previously been transmitted to the public. Prohibition — transmission of referendum survey results during blackout period (2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of a referendum survey that have not previously been transmitted to the public. Application (3) For the purpose of this section, a person includes a registered referendum committee. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Premature Transmission Prohibition — premature transmission of results 329 No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district. Broadcasting Outside Canada Prohibition — use of broadcasting station outside Canada 330 (1) No person shall, with intent to influence persons to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question, use, aid, abet, counsel or procure the use of a broadcasting station outside Canada, during a referendum period, for the broadcasting of any matter having reference to a referendum. Prohibition — broadcasting outside Canada (2) During a referendum period, no person shall broadcast, outside Canada, referendum advertising with respect to a referendum. Non-interference by Foreigners Prohibition — inducements by non-residents 331 No person who does not reside in Canada shall, during a referendum period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question unless the person is (a) a Canadian citizen; or (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. Political Broadcasts 332 Not applicable. 333 Not applicable. Vacancy during referendum period 334 In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the referendum period, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay for the purposes of the referendum. 335 Not applicable. 336 Not applicable. 337 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 338 Not applicable. 339 Not applicable. 340 Not applicable. 341 Not applicable. 342 Not applicable. 343 Not applicable. 344 Not applicable. 345 Not applicable. 346 Not applicable. 347 Not applicable. 348 Not applicable. PART 17 Third Party Election Advertising 349 Not applicable. 350 Not applicable. 351 Not applicable. 352 Not applicable. 353 Not applicable. 354 Not applicable. 355 Not applicable. 356 Not applicable. 357 Not applicable. 358 Not applicable. 359 Not applicable. 360 Not applicable. 361 Not applicable. 362 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum PART 18 Financial Administration General Provisions 363 [Repealed] 364 Not applicable. 365 Not applicable. DIVISION 1 Registration of Political Parties Application for Registration 366 Not applicable. 367 Not applicable. 368 Not applicable. 368.1 Not applicable. 369 Not applicable. 370 Not applicable. 371 Not applicable. 372 Not applicable. 373 Not applicable. 374 Not applicable. Officers, Registered Agents, Auditors and Members 374.1 Not applicable. 375 Not applicable. 376 Not applicable. 377 Not applicable. 378 Not applicable. 379 Not applicable. 380 Not applicable. 380.1 Not applicable. 381 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 381.1 Not applicable. Change of Information Concerning Parties 382 Not applicable. 383 Not applicable. 384 Not applicable. 384.1 Not applicable. Deregistration of Registered Parties 385 Not applicable. 385.1 Not applicable. 385.2 Not applicable. 386 Not applicable. 387 Not applicable. 388 Not applicable. 389 Not applicable. 389.1 Not applicable. 389.2 Not applicable. 390 Not applicable. 391 Not applicable. 392 Not applicable. 393 [Repealed] 394 [Repealed] 395 [Repealed] 396 [Repealed] 397 [Repealed] 398 [Repealed] 399 [Repealed] Merger of Registered Parties 400 Not applicable. 401 Not applicable. 402 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 403 Not applicable. SECTION 1.1 Registration of Electoral District Associations and Financial Administration of Registered Associations Registration of Electoral District Associations 403.01 Not applicable. 403.02 Not applicable. 403.03 Not applicable. 403.04 Not applicable. 403.05 Not applicable. 403.051 Not applicable. 403.06 Not applicable. 403.07 Not applicable. 403.08 Not applicable. 403.09 Not applicable. 403.1 Not applicable. 403.11 Not applicable. 403.12 Not applicable. 403.13 Not applicable. 403.14 Not applicable. 403.15 Not applicable. 403.16 Not applicable. 403.17 Not applicable. Deregistration of Registered Associations 403.18 Not applicable. 403.19 Not applicable. 403.2 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 403.21 Not applicable. 403.22 Not applicable. 403.23 Not applicable. 403.24 Not applicable. 403.25 Not applicable. 403.26 Not applicable. Financial Administration of Registered Associations General 403.27 Not applicable. 403.28 Not applicable. Processing of Expense Claims 403.29 Not applicable. 403.3 Not applicable. 403.31 Not applicable. 403.32 Not applicable. 403.33 Not applicable. 403.34 Not applicable. Financial Reporting 403.35 Not applicable. 403.36 Not applicable. 403.37 Not applicable. 403.38 Not applicable. Payment of Audit Expenses 403.39 Not applicable. Corrections and Extended Reporting Periods 403.4 Not applicable. 403.41 Not applicable. 403.42 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum DIVISION 2 General Financial Provisions Contributions 404 Not applicable. 404.1 [Repealed] 404.2 Not applicable. 404.3 Not applicable. 404.4 Not applicable. 405 Not applicable. 405.1 Not applicable. 405.2 Not applicable. 405.21 Not applicable. 405.3 Not applicable. 405.31 Not applicable. 405.4 Not applicable. Expenses 406 Not applicable. 407 Not applicable. 408 Not applicable. 409 Not applicable. 409.1 Not applicable. 410 Not applicable. 411 Not applicable. 412 Not applicable. 413 Not applicable. Inflation Adjustment Factor 414 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum DIVISION 3 Financial Administration of Registered Parties General 415 Not applicable. 416 Not applicable. Processing of Expense Claims 417 Not applicable. 418 Not applicable. 419 Not applicable. 420 Not applicable. 421 Not applicable. Maximum Election Expenses 422 Not applicable. 423 Not applicable. Deemed Contributions 423.1 Not applicable. Financial Reporting 424 Not applicable. 424.1 Not applicable. 425 Not applicable. 426 Not applicable. 427 Not applicable. 428 [Repealed] Election Expenses Reporting 429 Not applicable. 430 Not applicable. 431 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Corrections and Extended Reporting Periods 432 Not applicable. 433 Not applicable. 434 Not applicable. Reimbursement of Election Expenses 435 Not applicable. Quarterly Allowances 435.01 Not applicable. 435.02 Not applicable. DIVISION 3.1 Registration and Financial Administration of Leadership Contestants Registration 435.03 Not applicable. 435.04 Not applicable. 435.05 Not applicable. 435.06 Not applicable. 435.07 Not applicable. 435.08 Not applicable. 435.09 Not applicable. 435.1 Not applicable. 435.11 Not applicable. 435.12 Not applicable. 435.13 Not applicable. 435.14 Not applicable. 435.15 Not applicable. 435.16 Not applicable. 435.17 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 435.18 Not applicable. 435.19 Not applicable. Financial Administration of Leadership Contestants Powers, Duties and Functions of Financial Agent 435.2 Not applicable. 435.21 Not applicable. 435.22 Not applicable. Recovery of Claims 435.23 Not applicable. 435.24 Not applicable. 435.25 Not applicable. 435.26 Not applicable. 435.27 Not applicable. 435.28 Not applicable. 435.29 Not applicable. Return on Financing and Expenses in a Leadership Campaign 435.3 Not applicable. 435.31 Not applicable. 435.32 Not applicable. 435.33 Not applicable. 435.34 Not applicable. 435.35 Not applicable. 435.36 Not applicable. Corrections and Extended Reporting Periods 435.37 Not applicable. 435.38 Not applicable. 435.39 Not applicable. 435.4 Not applicable. 435.41 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 435.42 Not applicable. 435.43 Not applicable. Surplus of Leadership Campaign Funds 435.44 Not applicable. 435.45 Not applicable. 435.46 Not applicable. 435.47 Not applicable. DIVISION 4 Financial Administration of Candidates Powers, Duties and Functions of Official Agent 436 Not applicable. 437 Not applicable. 438 Not applicable. Notice of Nomination Meeting 439 Not applicable. Election Expenses Limit 440 Not applicable. 441 Not applicable. 442 Not applicable. 443 Not applicable. Recovery of Claims 444 Not applicable. 445 Not applicable. 446 Not applicable. 447 Not applicable. 448 Not applicable. 449 Not applicable. 450 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Return on Financing and Expenses in an Electoral Campaign 451 Not applicable. 452 Not applicable. 453 Not applicable. 454 Not applicable. 455 Not applicable. 456 Not applicable. Corrections and Extended Reporting Periods 457 Not applicable. 458 Not applicable. 459 Not applicable. 460 Not applicable. 461 Not applicable. 462 Not applicable. 463 Not applicable. Reimbursement of Election Expenses and Personal Expenses 464 Not applicable. 465 Not applicable. 466 Not applicable. 467 Not applicable. 468 Not applicable. 469 Not applicable. 470 Not applicable. Surplus of Electoral Funds 471 Not applicable. 472 Not applicable. 473 Not applicable. 474 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 475 Not applicable. 476 Not applicable. Supply and Use of Forms 477 Not applicable. 478 Not applicable. DIVISION 5 Nomination Contestant Report and Financial Administration of Nomination Contestants Nomination Contest Report 478.01 Not applicable. 478.02 Not applicable. 478.03 Not applicable. 478.04 Not applicable. 478.05 Not applicable. 478.06 Not applicable. 478.07 Not applicable. 478.08 Not applicable. 478.09 Not applicable. 478.1 Not applicable. Financial Administration of Nomination Contestants Powers, Duties and Functions of Financial Agent 478.11 Not applicable. 478.12 Not applicable. 478.13 Not applicable. 478.14 Not applicable. 478.15 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Recovery of Claims 478.16 Not applicable. 478.17 Not applicable. 478.18 Not applicable. 478.19 Not applicable. 478.2 Not applicable. 478.21 Not applicable. 478.22 Not applicable. Return on Financing and Expenses in a Nomination Campaign 478.23 Not applicable. 478.24 Not applicable. 478.25 Not applicable. 478.26 Not applicable. 478.27 Not applicable. 478.28 Not applicable. 478.29 Not applicable. 478.3 Not applicable. 478.31 Not applicable. Corrections and Extended Reporting Periods 478.32 Not applicable. 478.33 Not applicable. 478.34 Not applicable. 478.35 Not applicable. 478.36 Not applicable. 478.37 Not applicable. 478.38 Not applicable. Surplus of Nomination Campaign Funds 478.39 Not applicable. 478.4 Not applicable. 478.41 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 478.42 Not applicable. PART 19 Enforcement Peace and Good Order at Referendums Duty to maintain order 479 (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11. Duty of other referendum officers (2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10. Order to leave, arrest without warrant (3) In performing his or her duty under subsection (1) or (2), a referendum officer may, if a person is committing, in the returning officer’s office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) of this Act or an offence under the Referendum Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant. Order must be obeyed (4) Every person in respect of whom an order is made to leave an office or place must obey it without delay. Power to eject (5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place. After arrest (6) The officer, supervisor or appointed person who arrests a person under subsection (3) shall without delay (a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and (b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Removal of materials (7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph. Peace officer protection (8) Every referendum officer has, while performing their duties under this section, all the protection that a peace officer has by law. Offences General Provisions Obstruction, etc., of referendum process 480 (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the referendum process, contravenes the Referendum Act, otherwise than by committing an offence under subsection (2) or section 481 or 482 or contravening a provision referred to in any of sections 483, 484, 487 to 495, 498 and 499. Public meetings (2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the referendum, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the referendum. Offering bribe 481 (1) Every person is guilty of an offence who, during a referendum period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question. Accepting bribe (2) Every elector is guilty of an offence who, during a referendum period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1). Intimidation, etc. 482 Every person is guilty of an offence who (a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question; or (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at a Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum referendum is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question. Offences Under Part 1 (Referendum Rights) Offences requiring intent — dual procedure 483 Every person is guilty of an offence who contravenes (a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); or (b) section 7 (voting more than once). Offences Under Part 3 (Referendum Officers) Strict liability offences — summary conviction 484 (1) Every former referendum officer who contravenes paragraph 43(c) (failure to return referendum documents and referendum materials) is guilty of an offence. Offences requiring intent — summary conviction (2) Every person is guilty of an offence who (a) being a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary referendum proceedings); or (b) contravenes subsection 43.1(1) (refusal to give access to building or gated community). Offences requiring intent — dual procedure (3) Every person is guilty of an offence who (a) contravenes subsection 22(6) (acting as referendum officer knowing requirements not met); (b) knowingly contravenes subsection 23(2) (communication of information for unauthorized purpose); (c) not applicable; (d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity); (e) contravenes paragraph 43(a) (obstruction of referendum officer) or wilfully contravenes paragraph 43(b) (impersonation of revising agent); or Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (f) being a former referendum officer, wilfully contravenes paragraph 43(c) (failure to return referendum documents and referendum materials). Offences Under Part 4 (Register of Electors) 485 Not applicable. Offences Under Part 6 (Candidates) 486 Not applicable. Offences Under Part 7 (Revision of List of Electors) Offences requiring intent — summary conviction 487 (1) Every person is guilty of an offence who contravenes (a) paragraph 111(b) or (c) (applying improperly to be included on list of electors); or (b) paragraph 111(f) (unauthorized use of personal information contained in list of electors). Offences requiring intent — dual procedure (2) Every person who contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors) is guilty of an offence. Offences Under Part 8 (Preparation for the Vote) Offences requiring intent — summary conviction 488 (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence. Offences requiring intent — dual procedure (2) Every person is guilty of an offence who (a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); or (b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment). Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Offences Under Part 9 (Voting) Strict liability offences — summary conviction 489 (1) Every person is guilty of an offence who contravenes (a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees’ wages for time given to vote); (b) section 165 (prohibited use of loudspeaker); or (c) paragraph 166(1)(b) (wearing of emblems, etc., in polling station). Offences requiring intent — summary conviction (2) Every person is guilty of an offence who (a) contravenes subsection 143(5) (vouching for more than one elector); (a.1) contravenes subsection 143(6) (vouchee acting as voucher); (a.2) contravenes subsection 155(2) (assisting as a friend more than one elector); (a.3) contravenes subsection 161(6) (vouching for more than one elector); (a.4) contravenes subsection 161(7) (vouchee acting as voucher); (b) being an elector, contravenes subsection 164(2) (failure to maintain secrecy); (c) contravenes paragraph 166(1)(a) (display of referendum literature in polling place); (d) contravenes subsection 169(5) (vouching for more than one elector); or (e) contravenes subsection 169(6) (vouchee acting as voucher). Offences requiring intent — dual procedure (3) Every person is guilty of an offence who (a) being an employer, contravenes section 134 (preventing employee from using voting time); (b) being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for which answer to a referendum question the elector voted); Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum (c) being a referendum officer, an agent of a registered referendum committee or a witness, contravenes subsection 164(1) (failure to maintain secrecy); (d) contravenes paragraph 166(1)(c) (influencing vote in polling station); (e) contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote); (f) being a deputy returning officer, contravenes paragraph 167(3)(a) (initialling ballot with intent to influence vote); or (g) being a deputy returning officer, contravenes paragraph 167(3)(b) (placing identifying mark on ballot). Offences Under Part 10 (Advance Polling) Offences requiring intent — dual procedure 490 Every person is guilty of an offence who (a) being a deputy returning officer, wilfully contravenes subsection 174(1) (failure to permit person to vote); (b) being a poll clerk, wilfully contravenes subsection 174(2) (failure to record vote); or (c) being a deputy returning officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast. Offences Under Part 11 (Special Voting Rules) Strict liability offences — summary conviction 491 (1) Every returning officer who contravenes section 275 (failure to take required measures re special ballots) is guilty of an offence. Offences requiring intent — summary conviction (2) Every person who contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules) is guilty of an offence. Offences requiring intent — dual procedure (3) Every person is guilty of an offence who (a) being a deputy returning officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1), section Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 257 and subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; (b) being a special ballot officer, contravenes any of subsections 267(1) and (2), section 268 and subsection 269(1) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; (c) being a deputy returning officer or poll clerk, contravenes subsection 276(1), being a deputy returning officer, contravenes subsection 277(1), being a poll clerk, contravenes subsection 277(2), being a deputy returning officer, contravenes subsection 277(3), being a deputy returning officer or poll clerk, contravenes subsection 278(1) or (3) or, being a deputy returning officer, contravenes subsection 279(1) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; (d) contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); or (e) contravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules). Offences Under Part 12 (Counting Votes) Strict liability offences — summary conviction 492 (1) Every returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence. Offences requiring intent — dual procedure (2) Every person is guilty of an offence who (a) being a deputy returning officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or (b) knowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll). Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Offence Under Part 13 (Validation of Results by the Returning Officer) Offence requiring intent — summary conviction 493 Every person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence. Offences Under Part 15 (Return of the Writ) Offences requiring intent — dual procedure 494 Every returning officer is guilty of an offence who wilfully contravenes (a) subsection 313(1) (failure to declare which answer to a referendum question obtained the largest number of votes); or (b) section 314 (failure to transmit referendum documents). Offences Under Part 16 (Communications) Strict liability offences — summary conviction 495 (1) Every person is guilty of an offence who (a) not applicable; (b) contravenes subsection 326(1) or (2) (failure to provide referendum survey information) or, being a sponsor of a referendum survey, contravenes subsection 326(3) (failure to provide report on referendum survey results); or (c) contravenes section 327 (failure to indicate survey not based on recognized statistical methods). Offences requiring intent — summary conviction (2) Every person is guilty of an offence who, (a) being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of referendum advertising posters on residential premises); or (b) contravenes section 325 (removal of referendum advertising). Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Offences requiring intent — summary conviction (3) Every person who wilfully contravenes section 331 (inducement by foreigners) is guilty of an offence. Offences requiring intent — fine only, summary conviction (4) Every person is guilty of an offence who (a) wilfully contravenes subsection 326(1) or (2) (failure to provide referendum survey information) or, being a sponsor of a referendum survey, wilfully contravenes subsection 326(3) (failure to provide report on referendum survey results); (b) wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods); (c) wilfully contravenes subsection 328(2) (transmission of referendum survey results during blackout period); (d) wilfully contravenes section 329 (premature transmission of the referendum results); or (e) wilfully contravenes subsection 330(1) or (2) (foreign broadcasting); (f) not applicable; (g) not applicable; (h) not applicable; (i) not applicable; (j) not applicable. Offences requiring intent — dual procedure (5) Every person is guilty of an offence who contravenes (a) not applicable; (b) subsection 328(1) (causing transmission of referendum survey results during blackout period). Offences Under Part 17 (Third Party Election Advertising) 496 Not applicable. Offences Under Part 18 (Finance) 497 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Offence Under this Part (Enforcement) Offence requiring intent — dual procedure 498 Every person who wilfully contravenes subsection 479(4) (refusal to obey order to leave polling place) is guilty of an offence. Offences Under Part 21 (General) Strict liability offence — summary conviction 499 (1) Every person who contravenes subsection 548(1) (removal of posted referendum documents) is guilty of an offence. Offences requiring intent — dual procedure (2) Every person is guilty of an offence who (a) knowingly contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); (b) not applicable. Punishment 500 Not applicable. 501 Not applicable. Corrupt Practices 502 Not applicable. Miscellaneous Provisions 503 Not applicable. 504 Not applicable. 505 Not applicable. 506 Not applicable. 507 Not applicable. Evidence 508 In a prosecution for an offence under the Referendum Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the referendum. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Commissioner of Canada Elections Commissioner of Canada Elections 509 It shall be the duty of the Commissioner of Canada Elections to ensure that the Referendum Act is complied with and enforced. Chief Electoral Officer to direct inquiry 510 If the Chief Electoral Officer believes on reasonable grounds that a referendum officer may have committed an offence against the Referendum Act or that any person may have committed an offence under section 488, paragraph 489(3)(g), section 493 and subsection 499(1), the Chief Electoral Officer shall direct the Commissioner to make any inquiry that appears to be called for in the circumstances and the Commissioner shall proceed with the inquiry. Director of Public Prosecutions may prosecute 511 (1) If the Commissioner believes on reasonable grounds that an offence under the Referendum Act has been committed, the Commissioner may refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a prosecution. Information (2) If the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code. Search and seizure (3) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of the Referendum Act is deemed to be a public officer. Director’s consent required 512 (1) No prosecution for an offence under the Referendum Act may be instituted by a person other than the Director of Public Prosecutions without the Director’s prior written consent. Exception (2) Subsection (1) does not apply to an offence in relation to which a referendum officer has taken measures under subsection 479(3). Proof of consent (3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty. Commissioner may intervene 513 The Commissioner, where he or she considers it to be in the public interest, may take any measures, including Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum incurring any expenses, in relation to an inquiry, injunction or compliance agreement under this Act or the Referendum Act. Limitation period 514 (1) A prosecution for an offence under the Referendum Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed. Exception (2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return. Commissioner’s certificate (3) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it. Allowance of costs 515 (1) Any court of criminal jurisdiction before which a private prosecution is instituted for an offence against the Referendum Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution. Prior recognizance required (2) A court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant’s costs in case of acquittal. Costs of defendant (3) In case of an information by a private prosecutor for an offence against the Referendum Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given. Injunctions Application for injunction 516 (1) If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to the Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Referendum Act, the Commissioner may, during a referendum period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the referendum process and the public interest, apply to a competent court described in subsection 525(1) of the Canada Elections Act for an injunction described in subsection (2). Injunction (2) If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to the Referendum Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the referendum process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following: (a) refrain from committing any act that it appears to the court is contrary to the Referendum Act; and (b) do any act that it appears to the court is required by the Referendum Act. Notice (3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest. Compliance Agreements Compliance agreements 517 (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under the Referendum Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with the Referendum Act, with that person (in this section and sections 518 to 521 called the “contracting party”). Terms and conditions (2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary to ensure compliance with the Referendum Act. Obligations of Commissioner (3) Before entering into a compliance agreement, the Commissioner shall (a) advise the prospective contracting party of the right to be represented by counsel and give him or her an opportunity to obtain counsel; and (b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Admission of responsibility (4) A compliance agreement may include a statement by the contracting party in which he or she admits responsibility for the act or omission that constitutes the offence. Inadmissible in evidence (5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings. Effect of compliance agreement — no referral (6) If a matter has not yet been referred to the Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or omission that led to the agreement unless there is non-compliance with it. Matter that has been referred (7) If a matter has already been referred to the Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — remit the matter back to the Commissioner so that it may be so dealt with. Effect of compliance agreement (8) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Director of Public Prosecutions may not institute such a prosecution. Renegotiation (9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed. Copy to be provided (10) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the compliance agreement to the Director. If agreement complied with 518 (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director. Effect of notice (2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum question and prevents the Commissioner from referring the matter to the Director of Public Prosecutions and the Director from instituting such a prosecution. If agreement not complied with 519 If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that, as the case may be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action the Director considers appropriate or, if a prosecution was suspended by virtue of subsection 517(8), it may be resumed. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director. Dismissal of proceedings 520 The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that he or she has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair. Publication 521 The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and a summary of the compliance agreement. Deregistration 521.1 Not applicable. PART 20 Contested Elections 522 Not applicable. 523 Not applicable. 524 Not applicable. 525 Not applicable. 526 Not applicable. 527 Not applicable. 528 Not applicable. 529 Not applicable. 530 Not applicable. 531 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum 532 Not applicable. PART 21 General Reports of Chief Electoral Officer Polling division reports 533 The Chief Electoral Officer shall, in the case of a referendum, without delay, publish, in the manner and form that he or she considers appropriate, a report that sets out (a) by polling division, the number of votes cast for each answer to a referendum question, the number of rejected ballots and the number of names on the final list of electors; and (b) any other information that the Chief Electoral Officer considers relevant. Report to Speaker on referendum 534 (1) In the case of a referendum, the Chief Electoral Officer shall, within 90 days after the return of the writ, make a report to the Speaker of the House of Commons that sets out (a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer’s office since the last report and that he or she considers should be brought to the attention of the House of Commons; and (b) any measures that have been taken under subsection 17(1) or (3) or sections 509 to 513 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons. (2) Not applicable. Report on proposed legislative amendments 535 The Chief Electoral Officer shall, as soon as possible after a referendum, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of the Referendum Act. Consultation 535.1 The Chief Electoral Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any question relating to measures taken under section 511 or 512. 535.2 Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Submission of report to House of Commons 536 The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534 or 535 to the House of Commons without delay. 536.1 Not applicable. 537 Not applicable. Polling Divisions 538 Not applicable. Amendments to Schedule 3 539 Not applicable. Custody of Referendum Documents and Documents Relating to the Register of Electors Chief Electoral Officer to retain referendum documents 540 (1) The Chief Electoral Officer shall retain in his or her possession the referendum documents sent to him or her by a returning officer, with the return of the writ, for at least one year. Documents relating to Register of Electors (2) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors. Inspection of documents (3) No referendum documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey. Exception (4) Subsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under section 510 or provided to the Director of Public Prosecutions who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act or the Referendum Act. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Referendum documents or papers admissible in evidence when certified (5) When a judge of a superior court has ordered the production of referendum documents, the Chief Electoral Officer need not, unless the judge orders otherwise, appear personally to produce them but shall certify the documents and send them by courier to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by courier to the Chief Electoral Officer. Certified documents (6) Documents purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof. Filmed or electronic evidence (7) In any proceedings under this Act or the Referendum Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate. Order of Court (8) A judge may make an order under subsection (3) on being satisfied by evidence on oath that the inspection or production of a document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to a referendum. Conditions of inspections (9) An order for the inspection or production of referendum documents or documents that relate to the updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge considers appropriate. Inspection of instructions, correspondence and other reports 541 (1) All documents referred to in sections 19 and 20 of the Referendum Act, all other reports or statements, other than referendum documents received from referendum officers, all instructions issued by the Chief Electoral Officer under this Act and the Referendum Act, all decisions or rulings by him or her on points arising under this Act and the Referendum Act and all correspondence with referendum officers or others in relation to a referendum are public records and may be inspected by any person on request during business hours. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Extracts (2) Any person may take extracts from documents referred to in subsection (1) and is entitled to obtain copies of them on payment of a fee of up to $0.25 per page. Evidence (3) Any copies of documents referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof. Fees and Expenses of Referendum Officers Tariff 542 (1) On the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or in relation to referendums under this Act and the Referendum Act. Effective date (2) The Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made. Copy to House of Commons (3) A copy of a tariff made under subsection (1) and of any amendment made to one shall be laid before the House of Commons on any of the first 15 days on which that House is sitting after the making of the tariff or amendment. 543 Not applicable. Accountable advance 544 (1) An accountable advance may be made to a referendum officer to defray office and other incidental expenses in any amount that may be approved under the tariff made under subsection 542(1). Preparation of accounts (2) A returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness. Increase of fees and allowances 545 (1) If it appears to the Governor in Council that the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at a referendum, or that a claim for any necessary service performed or for materials supplied for or at a referendum is not covered by the tariff, the Governor Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum in Council may authorize the payment of any sum or additional sum for the services or materials supplied that the Governor in Council considers just and reasonable. Payment of additional sums (2) The Chief Electoral Officer may, in accordance with regulations made by the Governor in Council, in any case in which the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at a referendum, or for any necessary service performed, authorize the payment of such additional sum for the services as he or she considers just and reasonable. Taxation of accounts 546 (1) The Chief Electoral Officer shall, in accordance with the tariff made under subsection 542(1), tax all accounts that relate to the conduct of a referendum and transmit them without delay to the Receiver General. Rights saved (2) Despite subsection (1), the rights, if any, of claimants to compel payment or further payment by process of law remain unimpaired. Notice Giving of notices 547 (1) When any referendum officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be in the form and given in the manner established by the Chief Electoral Officer. Posting of notices, etc. (2) Notices and other documents required by this Act to be posted may be posted despite any law of Canada or of a province or any municipal ordinance or by-law. Prohibition — removal of notices 548 (1) No person shall, without authority, remove, cover up or alter any Notice of Referendum or other document that is authorized or required by this Act to be posted. Notice (2) A notice that may be easily read — to the effect that it is an offence with severe penalties to remove, cover up or alter the document — shall appear on, or be posted near, a Notice of Referendum or other document referred to in subsection (1). Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Oaths and Affidavits Administration of oaths, etc. 549 (1) When an oath or affidavit is authorized or directed to be taken under this Act or the Referendum Act, it shall be administered by the person who by this Act is expressly required to administer it and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, the returning officer, an assistant returning officer, a deputy returning officer, a poll clerk, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking affidavits in the province. No fees for oaths, etc. (2) All oaths or affidavits taken under this Act or the Referendum Act shall be administered free of charge. Taking oath falsely (3) No person shall take falsely an oath that is provided for by this Act or the Referendum Act. Compelling or inducing false oath (4) No person shall compel, induce or attempt to compel or induce any other person to take falsely an oath that is provided for by this Act or the Referendum Act. Signed Pledges by Candidates Prohibited 550 Not applicable. By-Elections 551 Not applicable. Forms 552 Not applicable. Payments out of Consolidated Revenue Fund 553 Not applicable. Amendments 554 (1) Not applicable. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE Canada Elections Act as Adapted for the Purposes of a Referendum Consolidation of amendments (2) It is the duty of the Chief Electoral Officer immediately after the passing of an amendment to this Act to consolidate the amendment, so far as necessary, in the copies of the Act printed for distribution to returning officers, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as copies of the Act and the forms and instructions have been so corrected and reprinted. Current to June 20, 2022 Regulation Adapting the Canada Elections for the Purposes of a Referendum SCHEDULE 1 SCHEDULE 1 FORM 1: Not applicable. FORM 2 of which all persons are asked to take notice and to govern themselves accordingly and in obedience to Her Majesty’s writ directed to me for the electoral district of for the purpose of holding a referendum, public notice is hereby given of the following: POLLING DAY WILL BE I HAVE ESTABLISHED MY OFFICE for the conduct of the referendum at the following location, where I shall add up the votes cast for each answer to the referendum question. GIVEN UNDER MY HAND AT: À: DATE: OFFENCE: It is an offence with severe penalties to remove, cover up or alter this document. FORM 3: Not applicable. FORM 4: Not applicable. Current to June 20, 2022
CONSOLIDATION Certain Commercial Salmon Fishing Licences Fees Remission Order SI/99-140 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Certain Commercial Salmon Fishing Licences Fees Remission Order Current to June 20, 2022 ii Registration SI/99-140 December 22, 1999 FINANCIAL ADMINISTRATION ACT Certain Commercial Salmon Fishing Licences Fees Remission Order P.C. 1999-2192 December 10, 1999 Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans and the Treasury Board, pursuant to subsection 23(2.1)a of the Financial Administration Act, considering that it is in the public interest to do so, hereby remits to the holders of the commercial salmon fishing licences set out below the fees that they paid for those licences for 1999 under section 19 of the Pacific Fishery Regulations, 1993: (a) a Category A licence referred to in subitem 3(1) or (2) of Part I of Schedule II to the Pacific Fishery Regulations, 1993 that permits salmon fishing by trolling in Salmon Areas F, G or H, as those areas are defined in subsection 2(1) of those Regulations; (b) a Category A licence referred to in those subitems that is subject to conditions specified under paragraph 22(1)(c) of the Fishery (General) Regulations that permit salmon fishing by seine in Salmon Area B (consisting of Areas 11 to 29 and Area 121, as described in Schedule II to the Pacific Fishery Management Area Regulations) or by gillnet in Salmon Area D (consisting of Areas 11 to 15 and Areas 23 to 27, as described in that schedule) or Salmon Area E (consisting of Areas 16 to 22, 28, 29 and 121, as described in that schedule). a S.C. 1991, c. 24, s. 7(2) Current to June 20, 2022
CONSOLIDATION Children of Deceased Veterans Education Assistance Regulations C.R.C., c. 399 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Education Assistance to Children of Deceased Veterans 1 Short Title Interpretation Allowances Annual Adjustment of Allowances Costs of Education 5.1 Annual Adjustment of Maximum Costs of Education and Instruction Allowance May Be Terminated Counselling Current to June 20, 2022 ii CHAPTER 399 CHILDREN OF DECEASED VETERANS EDUCATION ASSISTANCE ACT Children of Deceased Veterans Education Assistance Regulations Regulations Respecting Education Assistance to Children of Deceased Veterans Short Title 1 These Regulations may be cited as the Children of Deceased Veterans Education Assistance Regulations. SOR/91-310, s. 2. Interpretation 2 In these Regulations, Act means the Children of Deceased Veterans Education Assistance Act. SOR/2005-171, s. 1. Allowances 3 An allowance under the Act to or in respect of a student shall be computed and paid on a monthly basis during the academic year of the educational institution in which the student is taking his course of education or instruction, up to the end of the week during which the student’s final examination for the academic year is held. Annual Adjustment of Allowances 4 (1) When the monthly allowance specified in paragraphs 4(1)(a) and (b) of the Act is adjusted annually pursuant to section 9 of the Act, (a) the product obtained by multiplying the amount referred to in paragraph (1)(a) of that section by the ratio referred to in paragraph (1)(b) of that section shall be adjusted to the nearest cent in accordance with subsection (2) of this section; and Current to June 20, 2022 Children of Deceased Veterans Education Assistance Regulations Annual Adjustment of Allowances Sections 4-5 (b) the quotient obtained from the ratio referred to in paragraph (1)(b) of that section shall be expressed as a decimal fraction in accordance with subsection (3) of this section. (2) Where the product referred to in paragraph (1)(a) contains a fractional part of a dollar represented by three or more digits, (a) the third and subsequent digits shall be dropped if the third digit is less than five; and (b) the second digit shall be increased by one and the third and subsequent digits shall be dropped if the third digit is five or greater than five. (3) Where the quotient referred to in paragraph (1)(b) contains a fraction that is less than one, that fraction shall be expressed as a decimal fraction of four digits after the decimal point and (a) the third digit after the decimal point shall remain unchanged and the fourth digit after the decimal point shall be dropped if the fourth digit after the decimal point is less than five; and (b) the third digit after the decimal point shall be increased by one and the fourth digit after the decimal point shall be dropped if the fourth digit after the decimal point is five or greater than five. SOR/91-310, s. 3. Costs of Education 5 (1) The costs of education or instruction that may be paid in respect of a student under the Act to an educational institution in which the student is taking his course of education or instruction include (a) tuition fees; (b) instrument rental fees; (c) library fees; (d) registration fees; (e) regular examination fees; and (f) student activity fees and similar fees as specified in educational institution calendars. (2) Costs that may not be paid on behalf of a student under the Act include Current to June 20, 2022 Children of Deceased Veterans Education Assistance Regulations Costs of Education Sections 5-7 (a) fees for supplemental examinations or examinations for repeated courses; (b) fees for registration in professional organizations such as law societies, medical and dental associations and engineering societies; and (c) refundable caution money or deposits. (3) The costs of education or instruction payable under the Act in respect of a student (a) shall not exceed $4,198.18 for any 12-month period; and (b) may be paid at such times and subject to such conditions in respect of the student as the Minister may arrange with the educational institution. SOR/86-807, s. 1; SOR/2005-171, s. 2. Annual Adjustment of Maximum Costs of Education and Instruction 5.1 The amount referred to in paragraph 5(3)(a) shall be adjusted, on the first day of each calendar year, in the same manner as the basic monthly amount of an allowance is adjusted under section 9 of the Act. SOR/2005-171, s. 3. Allowance May Be Terminated 6 Any allowance authorized under the Act to or in respect of a student may be terminated (a) in the event of the failure of the student to comply with the rules and regulations of the educational institution in which the student is taking his course of education or instruction; or (b) in the event that the progress or standard of achievement of the student is considered unsatisfactory by the head of the educational institution and the Minister. Counselling 7 The Department shall, as directed by the Minister, provide counselling and guidance to assist potential students and their parents or guardians in planning and implementing appropriate educational programs. Current to June 20, 2022 Children of Deceased Veterans Education Assistance Regulations RELATED PROVISIONS RELATED PROVISIONS — S. C. 2003, c. 27, s. 13, assented to on November 7, 2003 Definition of amending regulation “13 (1) In subsection (2), amending regulation means the first regulation amending paragraphe 5(3)(a) of the Children of Deceased Veterans Education Assistance Regulations that is made after this Act is assented to. Maximum amount of education or instruction costs (2) For the purposes of the Children of Deceased Veterans Education Assistance Act and notwithstanding paragraph 5(3)(a) of the Children of Deceased Veterans Education Assistance Regulations, the maximum amount of education or instruction costs payable in respect of a student for any academic year falling, in whole or in part, within the period beginning on September 1, 2003 and ending on the day on which the amending regulation comes into force is $4,000.” Current to June 20, 2022
CONSOLIDATION Customs Brokers Licensing Regulations SOR/86-1067 Current to June 20, 2022 Last amended on June 23, 2006 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 23, 2006. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 23, 2006 TABLE OF PROVISIONS Regulations Respecting the Licensing of Customs Brokers 1 Short Title Interpretation Prescribed Qualifications for Customs Brokers Application for Licence Security Fees Duration Terms and Conditions Transaction of Business as a Customs Broker Examinations Records Cancellation or Suspension Surrender of Licence SCHEDULE Current to June 20, 2022 Last amended on June 23, 2006 ii Registration SOR/86-1067 November 6, 1986 CUSTOMS ACT Customs Brokers Licensing Regulations P.C. 1986-2487 November 6, 1986 Whereas, pursuant to subsection 164(3) of the Customs Act*, a copy of proposed Regulations respecting the licensing of customs brokers, substantially in the form annexed hereto, was published in the Canada Gazette Part I on May 10, 1986 and a reasonable op‐ portunity was thereby afforded to interested persons to make representations to the Minister of National Revenue with respect thereto; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsection 9(5), para‐ graph 164(1)(j) and subsection 166(1) of the Customs Act*, is pleased hereby to make the annexed Regulations respecting the licensing of customs brokers, effective on the coming into force of subsection 9(5), paragraph 164(1)(j) and subsection 166(1) of the Customs Act*. * S.C. 1986, c. 1 Current to June 20, 2022 Last amended on June 23, 2006 Regulations Respecting the Licensing of Customs Brokers Short Title 1 These Regulations may be cited as the Customs Brokers Licensing Regulations. Interpretation 2 In these Regulations, Act means the Customs Act; (Loi) chief officer of customs, with respect to a customs broker, means the manager of a local customs office or customs offices that serve the area in which the broker transacts business, or proposes to transact business, as a customs broker; (agent en chef des douanes) licence means a licence to transact business as a customs broker issued pursuant to section 9 of the Act. (agrément) Prescribed Qualifications for Customs Brokers 3 (1) An individual is qualified under these Regulations if the individual (a) is a citizen or permanent resident of Canada; (b) is of good character; (c) is at least 18 years of age; (d) has sufficient financial resources to conduct his business in a responsible manner; and (e) has a sufficient knowledge of the laws and procedures relating to importations and exportations determined in accordance with section 4. (2) A partnership is qualified under these Regulations if the partnership (a) in the case of a partnership composed of individuals, Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Prescribed Qualifications for Customs Brokers Sections 3-4 (i) is composed of individuals each of whom meets the qualifications prescribed in paragraphs (1)(a) to (c), (ii) has sufficient financial resources to conduct its business in a responsible manner, and (iii) has at least one partner who has a sufficient knowledge of the laws and procedures relating to importations and exportations, determined in accordance with section 4; and (b) in the case of a partnership composed of corporations, (i) is composed of corporations each of which meets the qualifications prescribed in paragraphs (3)(a) to (c), (ii) has sufficient financial resources to conduct its business in a responsible manner, and (iii) has at least one partner that meets the qualification prescribed in paragraph (3)(d). (3) A corporation is qualified under these Regulations if (a) the corporation (i) is incorporated in Canada, (ii) is of good reputation, and (iii) has sufficient financial resources to conduct its business in a responsible manner; (b) all of the directors of the corporation are of good character; (c) a majority of the directors of the corporation are citizens or permanent residents of Canada; and (d) at least one officer of the corporation has a sufficient knowledge of the laws and procedures relating to importations and exportations, determined in accordance with section 4. 4 (1) Subject to subsection (2), a sufficient knowledge of the laws and procedures relating to importations and exportations is established, for the purposes of paragraph 3(1)(e), subparagraphs 3(2)(a)(iii) and (b)(iii) and paragraph 3(3)(d), if the individual, partner or officer has written the Customs Brokers Professional Examination, given under section 15, and attained a grade of at least 60 per cent on it Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Prescribed Qualifications for Customs Brokers Sections 4-8 (a) not more than one year before the day on which the application for a licence was made; or (b) more than one year before the day on which the application for a licence was made if the individual, partner or officer transacted business as a customs broker, whether on their own behalf or on behalf of a licensee, from within one year after the day on which the examination was written until not more than one year before the day on which the application for a licence was made. (2) For the purposes of paragraph 3(1)(e), subparagraphs 3(2)(a)(iii) and (b)(iii) and paragraph 3(3)(d), a sufficient knowledge of the laws and procedures relating to importations and exportations is established, if the individual, partner or officer (a) prior to the coming into force of these Regulations, met the requirement under the Custom-House Brokers Licensing Regulations of having a sufficient knowledge of the law relating to customs matters to discharge the obligations of a customs broker; and (b) transacted business as a customs broker, whether on his own behalf or on behalf of a person to whom a licence was issued under subsection 118(1) of the former Customs Act, being chapter C-40 of the Revised Statutes of Canada, 1970, until not more than six months before the date of the application for a licence. SOR/2002-149, s. 1; SOR/2006-151, s. 1. 5 [Repealed, SOR/2006-151, s. 2] 6 [Repealed, SOR/2006-151, s. 2] Application for Licence 7 An application for a licence must be made in the prescribed form and be submitted to the chief officer of customs for the area in which the applicant proposes to transact business as a customs broker. SOR/2002-149, s. 2. 8 (1) On receipt of an application for a licence and before a licence is issued, the chief officer of customs to whom the application is made shall display, for a period of two weeks in the customs office managed by him, a public notice of the application, setting out (a) where the applicant is an individual, the applicant’s full name and address and the business name to be used; Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Application for Licence Sections 8-9 (b) where the applicant is a partnership composed of individuals, (i) the full name and address of each partner, (ii) the name of each partner who meets the knowledge requirement determined in accordance with section 4, and (iii) the business name to be used; (c) where the applicant is a partnership composed of corporations (i) the legal name of each partner, (ii) the head office address of each partner, (iii) the name and address of each officer and director of each partner, (iv) the names of the officers of each partner who meet the knowledge requirement determined in accordance with section 4, and (v) the business name to be used; and (d) where the applicant is a corporation, (i) the legal name of the corporation, (ii) the head office address of the corporation, (iii) the name and address of each officer or director, (iv) the name of each officer who meets the knowledge requirement determined in accordance with section 4, and (v) the business name to be used if other than the legal name of the corporation. (e) [Repealed, SOR/2002-149, s. 3] (f) and (g) [Repealed, SOR/2006-151, s. 3] (2) The notice referred to in subsection (1) shall invite written comments or information from the public regarding the application. SOR/2002-149, s. 3; SOR/2006-151, s. 3. 9 [Repealed, SOR/2002-149, s. 4] Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Security Sections 10-11 Security 10 (1) Before a licence is issued or renewed, the customs broker shall, in respect of the licence to be issued or renewed, deposit security with the chief officer of customs in the amount of $50,000 to protect the Canada Customs and Revenue Agency against loss while the licence or renewal thereof is in effect. (2) The security deposited under subsection (1) shall be in the form of (a) cash; (b) a certified cheque; (c) a transferable bond issued by the Government of Canada; or (d) a bond issued by (i) a company that is registered and holds a certificate of registry to carry on the fidelity or surety class of insurance business and that is approved by the President of the Treasury Board as a company whose bonds may be accepted by the Government of Canada, (ii) a member of the Canadian Payments Association referred to in section 4 of the Canadian Payments Association Act, (iii) a corporation that accepts deposits insured by the Canada Deposit Insurance Corporation or the Régie de l’assurance-dépôts du Québec to the maximum amounts permitted by the statutes under which those institutions were established, (iv) a credit union as defined in subsection 137(6) of the Income Tax Act, or (v) a corporation that accepts deposits from the public, if repayment of the deposits is guaranteed by Her Majesty in right of a province. SOR/90-121, s. 1; SOR/91-274, Part V; SOR/2001-197, s. 6; SOR/2002-149, s. 10. Fees 11 (1) A fee of $600 must be paid before a licence is issued. (2) A renewal fee of $600 must be paid before a licence is renewed. Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Fees Sections 11-14 (3) A renewal fee must be refunded if, prior to the 15th day of February preceding the day on which the licence will expire, the customs broker withdraws the request for renewal by notice in writing to the chief officer of customs. SOR/92-186, s. 1; SOR/2006-151, s. 4(E). Duration 12 A licence, including a licence that has been renewed, expires on the 31st day of March next following the date on which the licence or its renewal is expressed to be effective. Terms and Conditions 13 A licence authorizes the holder to transact business as a customs broker (a) at the customs office specified in the licence, if the holder maintains at least one business office in the area served by that customs office; (b) at any customs office specified by the Minister; (c) at any customs office through a customs broker qualified under these Regulations whose licence specifies that customs office; and (d) at any customs office, by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange that are set out in the Electronic Commerce Client Requirements Document established by the Agency, as amended from time to time, if the holder maintains at least one business office in Canada. SOR/98-236, s. 1; SOR/2002-149, ss. 5, 11; SOR/2006-151, s. 5. Transaction of Business as a Customs Broker 14 Every customs broker shall (a) display prominently at each business office at which he transacts business as a customs broker (i) where the customs broker is a partnership or a corporation, a sign bearing the name under which the partnership or corporation is authorized to transact business as a customs broker, and (ii) the licence or a copy thereof; Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Transaction of Business as a Customs Broker Sections 14-15 (b) immediately notify in writing the chief officer of customs of any change (i) in the address of a business office at which he transacts business as a customs broker, (ii) in the legal or business name of the partnership or the corporation, where the customs broker is a partnership or a corporation, (iii) in the membership of the partnership, where the customs broker is a partnership, (iv) in the officers or directors of the corporation, where the customs broker is a corporation, (v) [Repealed, SOR/2002-149, s. 6] (vi) in the ownership of the business or corporation, where the customs broker is an individual or corporation, and (vii) in the individuals meeting the knowledge requirement determined in accordance with section 4; (c) furnish to the importer or exporter, in respect of each transaction made on their behalf, a copy of the customs accounting documents bearing the customs accounting number and official customs stamp, or a copy of the information transmitted by electronic means to the Agency; and (d) promptly account to a client importer or exporter for funds received (i) for the client from the Receiver General for Canada, and (ii) from the client in excess of the duties or other charges payable in respect of the client’s business with the Canada Customs and Revenue Agency. SOR/90-121, s. 2(F); SOR/98-236, s. 2; SOR/2002-149, ss. 6, 10, 11; SOR/2006-151, s. 6. Examinations 15 (1) The Customs Brokers Professional Examination shall be given at least once a year at any time that the Minister or a person designated by the Minister for the purpose of section 9 of the Act directs. Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Examinations Sections 15-17 (2) Notice of the time and place of an examination shall be posted in the office of the chief officer of customs not less than 60 days before the date of the examination. SOR/2002-149, s. 7; SOR/2006-151, s. 7. 16 Every individual proposing to write the examination must (a) file an application in the prescribed form with the chief officer of customs at the nearest customs office at least 30 days prior to the date set for the examination; and (b) at the time the application is made, pay a fee of $200. SOR/2002-149, s. 8; SOR/2006-151, s. 8. Records 17 (1) Every customs broker shall keep the following information: (a) records and books of account indicating all financial transactions made while transacting business as a customs broker; (b) a copy of each customs accounting document made while transacting business as a customs broker and copies of all supporting documents, and a copy of the information transmitted by electronic means to the Canada Customs and Revenue Agency while transacting business as a customs broker; (c) copies of all correspondence, bills, accounts, statements and other papers received or prepared by the customs broker that relate to the transaction of business as a customs broker; and (d) separately, all of the records, books of account and copies referred to in paragraphs (a) to (c) relating to business transacted under paragraph 13(1)(c). (2) Every customs broker shall retain the information for a period of six years after the importation of the goods to which the information relates. (3) The information required by subsection (1) shall be kept in such a manner as to enable an officer to perform detailed audits and to obtain or verify the information. (4) The information required by subsection (1) shall be kept for the period prescribed by subsection (2) (a) in an original document; Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Records Sections 17-18 (b) in a copy made by means of any photographic, microphotographic or image-processing process that is in accordance with National Standard of Canada CAN/ CGSB-72.11-93, Microfilm and Electronic Images as Documentary Evidence, published by the Canadian General Standards Board in November 1993, as amended from time to time; or (c) on machine-sensible data media if the media can be related back to the supporting source documents and are supported by a system capable of producing accessible and readable copy. SOR/98-236, s. 3; SOR/2002-149, ss. 9, 11. Cancellation or Suspension 18 (1) The Minister or a person designated by the Minister for the purposes of section 9 of the Act may suspend or cancel the licence of a customs broker if the customs broker (a) contravened the provisions of an Act of Parliament or a regulation made thereunder relating to the importation or exportation of goods; (b) acted to defraud Her Majesty or a client; (c) suggested a plan for the evasion of any duties or other debts due to Her Majesty in right of Canada that involves the contravention of the provisions of an Act of Parliament or a regulation made thereunder; (d) failed to comply with these Regulations; (e) became insolvent or bankrupt; (f) engaged in any dishonest conduct while transacting business as a customs broker; (g) ceased to carry on business as a customs broker or failed to carry out his duties and responsibilities as a customs broker in a competent manner; or (h) is no longer qualified under these Regulations. (2) Before a licence is cancelled or suspended the Minister or a person designated by him for the purposes of section 9 of the Act shall cause to be given to the customs broker Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations Cancellation or Suspension Sections 18-19 (a) 30 days notice of the proposed cancellation or suspension; (b) reasonable information concerning any allegations with respect to any of the grounds referred to in paragraphs (1)(a) to (h) on which the Minister proposes to cancel or suspend the licence; and (c) a reasonable opportunity to respond and make representations as to why the licence should not be cancelled or suspended. SOR/90-121, s. 3. Surrender of Licence 19 Every customs broker shall forthwith surrender his licence to the chief officer of customs at the customs office specified in the licence if (a) the licence has been cancelled; or (b) the customs broker has ceased to transact business as a customs broker. Current to June 20, 2022 Last amended on June 23, 2006 Customs Brokers Licensing Regulations SCHEDULE SCHEDULE [Repealed, SOR/98-236, s. 4] Current to June 20, 2022 Last amended on June 23, 2006
CONSOLIDATION Counting of Service by Former Members of the Senate or House of Commons Regulations C.R.C., c. 1357 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Counting of Service by Former Members of the Senate or House of Commons 1 Short Title Interpretation Election Medical Examination Payments to the Superannuation Account Current to June 20, 2022 ii CHAPTER 1357 PUBLIC SERVICE SUPERANNUATION ACT Counting of Service by Former Members of the Senate or House of Commons Regulations Regulations Respecting the Counting of Service by Former Members of the Senate or House of Commons Short Title 1 These Regulations may be cited as the Counting of Service by Former Members of the Senate or House of Commons Regulations. Interpretation 2 In these Regulations, Act means the Public Service Superannuation Act; (Loi) contributor means a person who is a contributor under the Act; (contributeur) Minister means the President of the Treasury Board. (ministre) Election 3 A contributor may elect to count a period of service in respect of which he contributed under the Members of Parliament Retiring Allowances Act as pensionable service for the purposes of Part I of the Act if (a) he elects to do so in a form prescribed by the Minister; and (b) in the case of a contributor who is entitled to an allowance under the Members of Parliament Retiring Allowances Act for service in respect of which he made contributions, he surrenders his rights to that allowance. Current to June 20, 2022 Counting of Service by Former Members of the Senate or House of Commons Regulations Election Sections 4-6 4 A contributor who makes an election pursuant to section 3 shall, for the purposes of Part I of the Act, be credited with a period of pensionable service equal to the aggregate of (a) the periods of pensionable service to his credit pursuant to subsection 24(2) of the Members of Parliament Retiring Allowances Act at the time he ceased to be a member of the Senate or House of Commons; and (b) the period of pensionable service in respect of which he made contributions under Part I or VI of the Members of Parliament Retiring Allowances Act that has not been counted for the purpose of establishing the periods of pensionable service referred to in paragraph (a). Medical Examination 5 (1) A contributor who elects within one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined unless he has, during the five-year period immediately prior to the election, been employed without interruption in the Public Service or as a member of the regular force, the Force, the Senate or House of Commons or in any combination of those employments. (2) A contributor who elects after one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined. (3) Notwithstanding subsection (1), a contributor who elects to count pensionable service pursuant to section 3 and to whom paragraph 3(b) applies shall be medically examined. 6 (1) A medical examination referred to in section 5 shall be conducted by a physician licensed or otherwise authorized to practise medicine in the jurisdiction in which the examination is performed. (2) A medical examination referred to in section 5 shall provide the information required by, and be reported in accordance with, Department of National Health and Welfare Form NHW 365 or NHW-SNBS 366. (3) The form referred to in subsection (2) shall, on completion, be submitted to the Medical Services Branch of the Department of National Health and Welfare. SOR/94-624, s. 1. Current to June 20, 2022 Counting of Service by Former Members of the Senate or House of Commons Regulations Medical Examination Sections 6.1-8 6.1 (1) Subject to subsection (2), a medical examination required by section 5 shall be performed not more than three months before, nor more than six months after, the making of the election. (2) Where a person without fault fails to undergo a medical examination required by section 5 within the time set out in subsection (1), the person may undergo the medical examination within 30 days after being notified by the Minister that an examination is required. (3) A person shall be determined to have passed a medical examination required by section 5 where the Minister receives a report, prepared by the Assistant Deputy Minister of the Medical Services Branch of the Department of National Health and Welfare from the information contained in the form submitted pursuant to section 6, stating that the person (a) is capable of five years of continuous employment performing the duties that the contributor was performing at the time of the medical examination; or (b) has a normal life expectancy. (4) Where the Assistant Deputy Minister of the Medical Services Branch determines that the information contained in a form submitted pursuant to section 6 is insufficient to enable a report in respect of a person to be prepared under subsection (3), the Assistant Deputy Minister may require the person to undergo a further medical examination in accordance with section 6, to obtain the necessary information. (5) A person who, in the circumstances referred to in subsection (4), does not undergo a further medical examination required by that subsection shall be determined not to have been medically examined in accordance with section 5. SOR/94-624, s. 1. 7 The election of a contributor who fails to pass a medical examination required by subsection 5(2) or (3) is void. Payments to the Superannuation Account 8 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) applies shall pay Current to June 20, 2022 Counting of Service by Former Members of the Senate or House of Commons Regulations Payments to the Superannuation Account Sections 8-10 (a) to the Superannuation Account, on the same basis had he continued to pay in accordance with the payment plan he elected under the Members of Parliament Retiring Allowances Act, an amount equal to the amount he had elected to contribute (i) pursuant to section 7 of that Act minus the amount of contributions he paid pursuant to section 9 of that Act, or (ii) pursuant to section 19 of that Act minus the amount of contributions he paid pursuant to section 20 of that Act, as the case may be; (b) to the Members of Parliament Retiring Allowances Account an amount equal to the amount of any allowance paid to him pursuant to the Members of Parliament Retiring Allowances Act for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum; and (c) to the Supplementary Retirement Benefits Account an amount equal to the amount of any supplementary retirement benefit paid to him pursuant to the Supplementary Retirement Benefits Act in respect of an allowance paid to him pursuant to the Members of Parliament Retiring Allowances Act for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum. 9 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) does not apply shall pay to the Superannuation Account an amount calculated (a) in accordance with paragraph 6(1)(e) of the Act, if he elects within one year of becoming a contributor, or from December 23, 1976, whichever is later; or (b) in accordance with paragraph 6(1)(j) of the Act, if he elects at a later date. 10 Where a contributor makes an election pursuant to section 3, there shall be transferred to the Superannuation Account (a) all amounts paid by the contributor to the Members of Parliament Retiring Allowances Account less any amount paid to him as a withdrawal allowance under the Members of Parliament Retiring Allowances Act; and Current to June 20, 2022 Counting of Service by Former Members of the Senate or House of Commons Regulations Payments to the Superannuation Account Sections 10-11 (b) all amounts credited to that Account pursuant to section 4 of that Act in respect of the contributor. 11 Any amount required to be paid by a contributor pursuant to these Regulations other than paragraph 8(a) shall be paid by him (a) in a lump sum at the time of making the election; or (b) in instalments computed on such terms as are prescribed by section 5 of the Public Service Superannuation Regulations. Current to June 20, 2022
CONSOLIDATION CPTPP Tariff Preference Regulations SOR/2018-223 Current to June 20, 2022 Last amended on December 30, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 30, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 30, 2018 TABLE OF PROVISIONS CPTPP Tariff Preference Regulations 1 Interpretation Shipment Applicable Preferential Tariff *4 Coming into Force Current to June 20, 2022 Last amended on December 30, 2018 ii Registration SOR/2018-223 October 30, 2018 CUSTOMS TARIFF CPTPP Tariff Preference Regulations P.C. 2018-1325 October 29, 2018 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CPTPP Tariff Preference Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on December 30, 2018 CPTPP Tariff Preference Regulations Interpretation 1 The following definitions apply in these Regulations. minimal operation means any of the following: (a) an operation to ensure the preservation of a good in good condition for the purposes of transport and storage; (b) packaging, re-packaging, breaking up of consignments or putting up a good for retail sale, including placing a good in bottles, cans, flasks, bags, cases or boxes; (c) mere dilution with water or another substance that does not materially alter the characteristics of the good; (d) the collection of goods intended to form sets, assortments, kits or composite goods; and (e) any combination of operations referred to in paragraphs (a) to (d). (activité minimale) originating means qualifying as originating in the territory of a Party under the rules of origin set out in the CPTPP Rules of Origin Regulations. (originaire) Shipment 2 For the purposes of paragraph 24(1)(b) of the Customs Tariff, originating goods exported from a CPTPP country are entitled to the benefit of a CPTPP tariff set out in section 3 if (a) the goods are shipped to Canada from a CPTPP country without shipment through another country that is not a CPTPP country, either (i) on a through bill of lading, or (ii) without a through bill of lading and the importer provides, when requested by an officer, documentary evidence that indicates the shipping Current to June 20, 2022 Last amended on December 30, 2018 CPTPP Tariff Preference Regulations Shipment Sections 2-4 route and all points of shipment and transhipment prior to the importation of the goods; or (b) the goods are shipped to Canada through another country that is not a CPTPP country and the importer provides, when requested by an officer, (i) documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods, and (ii) a copy of the customs control documents that establish that the goods remained under customs control while in that other country. Applicable Preferential Tariff 3 (1) Subject to subsection (2), goods that meet the requirements of section 2 are eligible for any of the following tariffs: (a) the CPTPP tariff applicable to the CPTPP country in which the last production process, other than a minimal operation, occurred; (b) the highest rate of the CPTPP tariffs applicable to the CPTPP country in which a production process occurred; or (c) the highest rate of the CPTPP tariffs applicable to any CPTPP country. (2) The CPTPP tariffs referred to in paragraphs (1)(a) to (c) are the CPTPP tariffs applicable to a CPTPP country set opposite the reference to that country in the column “Tariff Treatment / Other” in the List of Countries set out in the schedule to the Customs Tariff. Coming into Force 4 These Regulations come into force the day on which section 43 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act, chapter 23 of the Statutes of Canada 2018, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force December 30, 2018, see SI/2018-101 and SI/2018-108.] Current to June 20, 2022 Last amended on December 30, 2018
CONSOLIDATION Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order SOR/2016-82 Current to June 20, 2022 Last amended on July 24, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 24, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 24, 2020 TABLE OF PROVISIONS Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order 1 Application Coming into Force SCHEDULE Current to June 20, 2022 Last amended on July 24, 2020 ii Registration SOR/2016-82 May 2, 2016 SPECIES AT RISK ACT Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order Whereas the Nooksack dace (Rhinichthys cataractae ssp.) is a wildlife species that is listed as an endan‐ gered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order. Ottawa, April 21, 2016 Hunter Minister of Fishe Le ministre des Pêc a S.C. 2002, c. 29 Current to June 20, 2022 Last amended on July 24, 2020 Critical Habitat of the Nooksack (Rhinichthys cataractae ssp.) Order Dace Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Nooksack dace (Rhinichthys cataractae ssp.), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. 2 [Repealed, SOR/2020-171, s. 1] Coming into Force 3 This Order comes into force on the day on which it is registered. Current to June 20, 2022 Last amended on July 24, 2020 Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order SCHEDULE SCHEDULE [Repealed, SOR/2020-171, s. 2] Current to June 20, 2022 Last amended on July 24, 2020
CONSOLIDATION Counting of Service by Former Members of the Senate or House of Commons Regulations, No. 2 [Repealed, SOR/2016-76, s. 22] Current to June 20, 2022 Last amended on April 15, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 15, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 15, 2016 TABLE OF PROVISIONS Regulations Respecting the Counting of Service by Former Members of the Senate or House Of Commons, No. 2 Current to June 20, 2022 Last amended on April 15, 2016 ii
CONSOLIDATION Civil Remedies (Cooperative Credit Associations) Regulations SOR/2006-300 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Civil Remedies (Cooperative Credit Associations) Regulations 1 Interpretation Civil Remedies Coming into Force SCHEDULE Current to June 20, 2022 ii Registration SOR/2006-300 November 28, 2006 COOPERATIVE CREDIT ASSOCIATIONS ACT Civil Remedies (Cooperative Credit Associations) Regulations P.C. 2006-1425 November 28, 2006 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 266(1)a, (3)a and (6)a and 463(1)b of the Cooperative Credit Associations Actc, hereby makes the annexed Civil Remedies (Cooperative Credit Associations) Regulations. a S.C. 2005, c. 54, s. 194 b S.C. 2005, c. 54, s. 208 c S.C. 1991, c. 48 Current to June 20, 2022 Civil Remedies (Cooperative Credit Associations) Regulations Interpretation 1 In these Regulations, Act means the Cooperative Credit Associations Act. Civil Remedies 2 For the purpose of paragraph 266(1)(f) of the Act, the prescribed percentage of voting rights attached to all of the cooperative credit association’s outstanding shares is 10%. 3 For the purpose of subsection 266(3) of the Act, takeover bid means a take-over bid under any legislation that is set out in column 2 of the schedule. 4 For the purpose of paragraph 266(6)(c) of the Act, the prescribed circumstances are that the insider (a) entered into the purchase or sale of the security as an agent pursuant to a specific unsolicited order to purchase or sell; (b) made the purchase or sale of the security pursuant to participation in an automatic dividend reinvestment plan, share purchase plan or other similar automatic plan that the insider entered into before the acquisition of the confidential information; (c) made the purchase or sale of the security to fulfil a legally binding obligation that the insider entered into before the acquisition of the confidential information; or (d) purchased or sold the security as agent or trustee in the circumstances described in paragraph (b) or (c). Coming into Force 5 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Civil Remedies (Cooperative Credit Associations) Regulations SCHEDULE SCHEDULE (Section 3) TAKE-OVER BID Column 1 Column 2 Item Jurisdiction Legislation Ontario the definition take-over bid in subsection 89(1) of the Securities Act, R.S.O. 1990, c. S.5, as amended from time to time Quebec the definition take-over bid in section 110 of the Securities Act, R.S.Q., c. V-1.1, as amended from time to time Nova Scotia the definition take-over bid in paragraph 95(1)(l) of the Securities Act, R.S.N.S. 1989, c. 418, as amended from time to time New Brunswick the definition take-over bid in subsection 106(1) of the Securities Act, S.N.B. 2004, c. S-5.5, as amended from time to time Manitoba the definition take-over bid in subsection 80(1) of the Securities Act, C.C.S.M., c. S50, as amended from time to time British Columbia the definition take over bid in subsection 92(1) of the Securities Act, R.S.B.C. 1996, c. 418, as amended from time to time Saskatchewan the definition take-over bid in paragraph 98(1)(j) of The Securities Act, 1988, S.S. 1988-89, c. S-42.2, as amended from time to time Alberta the definition take-over bid in paragraph 158(1)(r) of the Securities Act, R.S.A. 2000, c. S-4, as amended from time to time Newfoundland and Labrador the definition take-over bid in paragraph 90(1)(l) of the Securities Act, R.S.N.L. 1990, c. S-13, as amended from time to time Yukon the definition take-over bid in section 196 of the Business Corporations Act, R.S.Y. 2002, c. 20, as amended from time to time Northwest Territories the definition take-over bid in section 196 of the Business Corporations Act, S.N.W.T. 1996, c. 19, as amended from time to time Nunavut the definition take-over bid in section 196 of the Business Corporations Act (Nunavut), S.N.W.T. 1996, c. 19, as amended from time to time Current to June 20, 2022
CONSOLIDATION Chesterfield Inlet Airport Zoning Regulations SOR/91-171 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Zoning at Chesterfield Inlet Airport 1 Short Title Interpretation Application General SCHEDULE Current to June 20, 2022 ii Registration SOR/91-171 February 28, 1991 AERONAUTICS ACT Chesterfield Inlet Airport Zoning Regulations P.C. 1991-347 February 28, 1991 Whereas, pursuant to section 5.5* of the Aeronautics Act, a copy of the proposed Zoning Regulations respecting Chesterfield Inlet Airport, substantially in the form set out in the schedule hereto, was published in two successive issues of the Canada Gazette Part I, on August 19th and 26th, 1989, and in two successive issues of the News/North on January 2nd and 8th, 1990, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 5.4* of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting zoning at Chesterfield Inlet Airport. * R.S., c. 33 (1st Supp.) Current to June 20, 2022 Regulations Respecting Zoning at Chesterfield Inlet Airport Short Title 1 These Regulations may be cited as the Chesterfield Inlet Airport Zoning Regulations. Interpretation 2 (1) In these Regulations, airport means the Chesterfield Inlet Airport, in the vicinity of Chesterfield Inlet, in the Northwest Territories; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II of the schedule; (surface d’approche) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; (bande) transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. (surface de transition) (2) For the purposes of these Regulations, the elevation of the airport reference point is 6.0 m above sea level. Application 3 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of the airport, which lands are more particularly described in Part VI of the schedule. Current to June 20, 2022 Chesterfield Inlet Airport Zoning Regulations General Section 4 General 4 No person shall erect or construct on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point (a) the approach surfaces; (b) the outer surface; or (c) the transitional surfaces. Current to June 20, 2022 Chesterfield Inlet Airport Zoning Regulations SCHEDULE SCHEDULE (Sections 2 and 3) PART I Description of Airport Reference Point The airport reference point shown on Chesterfield Inlet Airport Zoning Plan No. E.2634 dated May 2, 1988, is a point located on the centre line of runway 124-304 distant 457.0 m from the threshold of runway 304. PART II Description of the Approach Surfaces The approach surfaces, shown on Chesterfield Inlet Airport Zoning Plan No. E.2634, dated May 2, 1988, are surfaces abutting each end of the strip associated with the runway designated 124-304, and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 124 consisting of an inclined plane having a ratio of 1 m measured vertically to 30 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 2 500 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 295 m from the projected centre line; said imaginary horizontal line being 83.3 m measured vertically above the elevation at the end of the strip; and (b) a surface abutting the end of the strip associated with runway approach 304 consisting of an inclined plane having a ratio of 1 m measured vertically to 30 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 2 500 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 295 m from the projected centre line; said imaginary horizontal line being 83.3 m measured vertically above the elevation at the end of the strip. PART III Description of the Outer Surface The outer surface, shown on Chesterfield Inlet Airport Zoning Plan No. E.2634 dated May 2, 1988, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the elevation of the airport reference point, except that, where that common plane is less than 9 m above the surface of the ground, the outer surface is an imaginary surface located at 9 m above the surface of the ground. Current to June 20, 2022 Chesterfield Inlet Airport Zoning Regulations SCHEDULE PART IV Description of the Strip The strip associated with runway 124-304, shown on Chesterfield Inlet Airport Zoning Plan No. E.2634 dated May 2, 1988 is 90 m in width, 45 m being on each side of the centre line of the runway, and 1 340 m in length. PART V Description of Each Transitional Surface Each transitional surface, shown on Chesterfield Inlet Airport Zoning Plan No. E.2634 dated May 2, 1988, is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and projected centre line of the strip and extending upward and outward from the lateral limits of the strip and its approach surfaces to an intersection with the outer surface. PART VI Description of the Lands to Which These Regulations Apply The boundary of the outer limits of lands, shown on Chesterfield Inlet Airport Zoning Plan No. E.2634 dated May 2, 1988, is a circle with a radius of 4 000 m centred on the airport reference point. Current to June 20, 2022
CONSOLIDATION Canadian Chicken AntiDumping Regulations SOR/2002-34 Current to June 20, 2022 Last amended on October 16, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on October 16, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on October 16, 2015 TABLE OF PROVISIONS Canadian Chicken Anti-Dumping Regulations 2 Interprovincial Price Repeal Coming into Force Current to June 20, 2022 Last amended on October 16, 2015 ii Registration SOR/2002-34 December 24, 2001 FARM PRODUCTS AGENCIES ACT Canadian Chicken Anti-Dumping Regulations Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamationa, established Chicken Farmers of Canada pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to the Chicken Farmers of Canada Proclamationa; Whereas the proposed annexed Canadian Chicken Anti-Dumping Regulations are regulations of a class to which paragraph 7(1)(d)d of the Farm Products Agencies Actc applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Ordere, and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act; And whereas, pursuant to paragraph 7(1)(d)d of the Farm Products Agencies Actc, the National Farm Products Council is satisfied that the proposed regulations are necessary for the implementation of the marketing plan that Chicken Farmers of Canada is authorized to implement, and has approved the proposed regulations; Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and section 13f of the schedule to the Chicken Farmers of Canada Proclamationa, hereby makes the annexed Canadian Chicken Anti-Dumping Regulations. Ottawa, December 20, 2001 a SOR/79-158; SOR/98-244 b S.C. 1993, c. 3, par. 13(b) c S.C. 1993, c. 3, s. 2 d S.C. 1993, c. 3, s. 7(2) e C.R.C., c. 648 f SOR/2002-1 Current to June 20, 2022 Last amended on October 16, 2015 Canadian Chicken Anti-Dumping Regulations 1 [Repealed, SOR/2015-230, s. 1] Interprovincial Price 2 If chicken is shipped in interprovincial trade, and not for export, from one signatory province to another signatory province or from a non-signatory territory to a signatory province, no person may sell that chicken in a province, other than the province in which it is produced, at a price that is less than the total of (a) the price charged at or about the same time by the trade for similar sales of chicken of an equivalent variety, class or grade in the province in which the chicken is produced, and (b) any reasonable transportation charges for shipping the chicken to the place where it is sold. Repeal 3 [Repeal] Coming into Force 4 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on October 16, 2015
CONSOLIDATION Capacity Plates and Conformity Plates Charges Order SOR/98-576 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Capacity Plates and Conformity Plates Charges Order Interpretation Charges Coming into Force Current to June 20, 2022 ii Registration SOR/98-576 November 27, 1998 FINANCIAL ADMINISTRATION ACT Capacity Plates and Conformity Plates Charges Order The Minister of Transport, pursuant to Order in Council P.C. 1994-642 of April 21, 1994a, made pursuant to paragraph 19(1)(b)b of the Financial Administration Act, hereby makes the annexed Capacity Plates and Conformity Plates Charges Order. November 26, 1998 David Collenette Minister of the Transport a SI/94-57 b S.C. 1991, c. 24, s. 6 Current to June 20, 2022 Capacity Plates Charges Order and Conformity Plates Interpretation 1 The definitions in this section apply in this Order. capacity plate means a plate pertaining to the recommended safe limits of engine power and recommended gross load capacity. (plaque de capacité) conformity plate means a notice in the form of a plate that pertains to compliance with construction standards. (plaque de conformité) Charges 2 The charge to be paid for the issue of a capacity plate is $5. 3 The charge to be paid for the issue of a conformity plate is $5. Coming into Force 4 This Order comes into force on April 1, 1999. Current to June 20, 2022
CONSOLIDATION CCFTA Tariff Preference Regulations SOR/97-322 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS CCFTA Tariff Preference Regulations 1 General *2 Coming into Force Current to June 20, 2022 ii Registration SOR/97-322 July 5, 1997 CUSTOMS TARIFF CCFTA Tariff Preference Regulations P.C. 1997-953 July 4, 1997 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 13(2)(b)a of the Customs Tariffb, hereby makes the annexed CCFTA Tariff Preference Regulations. a S.C. 1993, c. 44, s. 113(2) b R.S., c. 41 (3rd Supp.) Current to June 20, 2022 CCFTA Tariff Preference Regulations General 1 For the purposes of paragraph 25.7(b) of the Customs Tariff, goods are entitled to the benefit of the Chile Tariff where (a) the goods are shipped from Chile, without shipment through another country, to Canada (i) on a through bill of lading, or (ii) without a through bill of lading and the importer provides, where requested by an officer, documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods; or (b) in the case of goods that are shipped to Canada from Chile through another country, the importer provides, where requested by an officer, (i) documentary evidence that indicates the shipping route and all points of shipment and transhipment prior to the importation of the goods, and (ii) a copy of the customs control documents that demonstrate that the goods remained under customs control while in that other country. Coming into Force 2 These Regulations come into force on the day on which section 51 of the Canada-Chile Free Trade Agreement Implementation Act, chapter 14 of the Statutes of Canada, 1997, comes into force. * * [Note: Regulations in force July 5, 1997, see SI/97-86.] Current to June 20, 2022
CONSOLIDATION Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations SOR/2001-368 Current to June 20, 2022 Last amended on January 1, 2010 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 1, 2010. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 1, 2010 TABLE OF PROVISIONS Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations Interpretation 1 Definition of Act Companies 2 Prescribed international agencies Definition of widely distributed Prescribed subsidiaries of a life company Prescribed percentage Definition of total assets of a life company Societies 7 Prescribed subsidiaries of a society Prescribed percentage Definition of total assets of a society Insurance Holding Companies 10 Prescribed subsidiaries of an insurance holding company Definition of total assets of an insurance holding company Foreign Life Companies 11.1 Prescribed percentage Foreign Property and Casualty Companies and Foreign Marine Companies 11.2 Prescribed percentage Repeals 12 Repeals Coming into Force *13 Coming into force Current to June 20, 2022 Last amended on January 1, 2010 ii Registration SOR/2001-368 October 4, 2001 INSURANCE COMPANIES ACT Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations P.C. 2001-1739 October 4, 2001 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 1021a of the Insurance Companies Actb, hereby makes the annexed Commercial Loan (Insurance Companies, Societies and Insurance Holding Companies) Regulations. a S.C. 2001, c.9, s. 465 b S.C. 1991, c. 47 Current to June 20, 2022 Last amended on January 1, 2010 Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations Interpretation Definition of Act 1 In these Regulations, Act means the Insurance Companies Act. Companies Prescribed international agencies 2 For the purposes of the definition commercial loan in subsection 490(1) of the Act, the prescribed international agencies are (a) the International Bank for Reconstruction and Development; (b) the International Finance Corporation; (c) the Inter-American Development Bank; (d) the Asian Development Bank; (e) the African Development Bank; (f) the European Investment Bank; (g) the Caribbean Development Bank; (h) the Nordic Investment Bank; (i) the European Bank for Reconstruction and Development; and (j) the Council of Europe Development Bank. Definition of widely distributed 3 (1) For the purposes of the definition commercial loan in subsection 490(1) of the Act, widely distributed means (a) in respect of debt obligations the distribution of which is exempt from the requirement to file a prospectus under the laws of Canada, a province or a jurisdiction outside Canada, that Current to June 20, 2022 Last amended on January 1, 2010 Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations Companies Sections 3-4 (i) at least 90% of the maximum authorized principal of the debt obligations is held by one or more persons other than the company and its subsidiaries, and (A) the debt obligations were issued to 25 persons other than the company and sidiaries within six months after the which the first of the debt obligations sued, or at least its subday on was is(B) if the debt obligations are issued on a continuous basis, there are on average at least 25 holders other than the company and its subsidiaries, or (ii) at the time of their initial distribution, the debt obligations met at least three of the following criteria: (A) their initial term was less than one year, (B) they were rated by a rating agency, (C) they were distributed through a person authorized to trade in securities, and (D) they were distributed in accordance with an offering circular or memorandum, or a similar document relating to the distribution of securities; or (b) in respect of any other securities, that (i) they are listed and posted for trading on a recognized stock exchange, or (ii) a prospectus relating to the issuance of the securities was filed under the laws of Canada, a province or a jurisdiction outside Canada. Definition of maximum authorized principal (2) In subparagraph (1)(a)(i) maximum authorized principal means, in relation to any debt obligation, the maximum amount of debt that may be issued under the terms of the debt obligation or any agreement relating to it. Prescribed subsidiaries of a life company 4 (1) For the purposes of sections 503 and 504 of the Act, all subsidiaries of a life company are prescribed subsidiaries of the company. Current to June 20, 2022 Last amended on January 1, 2010 Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations Companies Sections 4-6 Prescribed subsidiaries of a property and casualty company (2) For the purpose of section 505 of the Act, a prescribed subsidiary of a property and casualty company is a subsidiary of the company that is not (a) a financial institution; (b) a bank holding company or an insurance holding company; (c) a subsidiary of a financial institution, other than where the subsidiary is a subsidiary of a financial institution only because it is a subsidiary of the company; or (d) a subsidiary of a bank holding company or an insurance holding company. Prescribed percentage 5 For the purpose of section 505 of the Act, the prescribed percentage is 5%. Definition of total assets of a life company 6 (1) For the purpose of section 503 of the Act, total assets, in respect of a life company, at a particular time, means the total of the assets that would be reported on the balance sheet of the company prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 331(4) of the Act. Definition of total assets of a property and casualty company and a marine company (2) For the purpose of section 505 of the Act, total assets, in respect of a property and casualty company or a marine company, at a particular time, means the amount determined by the formula A-B where A is the total of the assets that would be reported on the balance sheet of the company prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 331(4) of the Act; and B is the total of the assets included in the value of A that are assets of a subsidiary of the company that is (a) a financial institution; (b) a bank holding company or an insurance holding company; Current to June 20, 2022 Last amended on January 1, 2010 Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations Companies Sections 6-9 (c) a subsidiary of a financial institution, other than where the subsidiary is a subsidiary of a financial institution only because it is a subsidiary of the company; or (d) a subsidiary of a bank holding company or an insurance holding company. SOR/2009-296, s. 27. Societies Prescribed subsidiaries of a society 7 For the purpose of section 562 of the Act, a prescribed subsidiary of a society is a subsidiary of the society that is not (a) a financial institution; or (b) a subsidiary of a financial institution, other than where the subsidiary is a subsidiary of a financial institution only because it is a subsidiary of the society. Prescribed percentage 8 For the purpose of section 562 of the Act, the prescribed percentage is (a) if the society has twenty-five million dollars or less of capital, 5%; and (b) if the society has more than twenty-five million dollars of capital, 100%. Definition of total assets of a society 9 For the purpose of section 562 of the Act, total assets, in respect of a society, at a particular time, means the amount determined by the formula A-B where A is the total of the assets that would be reported on the balance sheet of the society prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 331(4) of the Act; and B is the total of the assets included in the value of A that are assets of a subsidiary of the society that is a financial institution or that are assets of a subsidiary of a financial institution other than where the subsidiary is a subsidiary of a financial institution only because it is a subsidiary of the society. Current to June 20, 2022 Last amended on January 1, 2010 Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations Insurance Holding Companies Sections 10-11.1 Insurance Holding Companies Prescribed subsidiaries of an insurance holding company 10 For the purpose of sections 979 and 980 of the Act, all subsidiaries of an insurance holding company are prescribed subsidiaries of the insurance holding company. Definition of total assets of an insurance holding company 11 For the purpose of section 979 of the Act, total assets, in respect of an insurance holding company, at a particular time, means the total of the assets that would be reported on the balance sheet of the insurance holding company prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 887(4) of the Act. Foreign Life Companies Prescribed percentage 11.1 For the purposes of subsections 616(1) and (2) of the Act, (a) in respect of a foreign life company the value of whose assets in Canada for the classes of insurance referred to in those subsections exceeds the aggregate of its liabilities in Canada and the margin of assets in Canada over liabilities in Canada referred to in subsection 608(1) of the Act in respect of those classes by 25 million dollars or less, the prescribed percentage of the value of those assets is five per cent; and (b) in respect of a foreign life company the value of whose assets in Canada for the classes of insurance referred to in those subsections exceeds the aggregate of its liabilities in Canada and the margin of assets in Canada over liabilities in Canada referred to in subsection 608(1) of the Act in respect of those classes by more than 25 million dollars, the prescribed percentage of the value of those assets is 100 per cent. SOR/2009-296, s. 28. Current to June 20, 2022 Last amended on January 1, 2010 Commercial Loan (Insurance Companies, Societies, Insurance Holding Companies and Foreign Companies) Regulations Foreign Property and Casualty Companies and Foreign Marine Companies Sections 11.2-13 Foreign Property and Casualty Companies and Foreign Marine Companies Prescribed percentage 11.2 For the purpose of section 617 of the Act, the prescribed percentage of the value of the assets in Canada of a foreign property and casualty company or a foreign marine company is five per cent. SOR/2009-296, s. 28. Repeals Repeals 12 [Repeals] Coming into Force Coming into force 13 These Regulations come into force on the day on which sections 494, 503 to 505, 561 to 564, 979 and 980 of the Insurance Companies Act, as enacted by sections 426, 437, 439, and 465 of the Financial Consumer Agency of Canada Act, chapter 9 of the Statutes of Canada, 2001, come into force. * * [Note: Regulations in force October 24, 2001, see SI/2001-102.] Current to June 20, 2022 Last amended on January 1, 2010
CONSOLIDATION Commission for Environmental Cooperation Privileges and Immunities in Canada Order SOR/97-450 Current to June 20, 2022 Last amended on December 16, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 16, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 16, 2020 TABLE OF PROVISIONS Commission for Environmental Cooperation Privileges and Immunities in Canada Order 1 Interpretation Privileges and Immunities Coming into Force Current to June 20, 2022 Last amended on December 16, 2020 ii Registration SOR/97-450 September 23, 1997 FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT Commission for Environmental Cooperation Privileges and Immunities in Canada Order P.C. 1997-1346 September 23, 1997 His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs and the Minister of Finance, pursuant to paragraphs 5(1)(a), (b), (d) and (f) to (h) and subsections 5(2)a and (3) of the Foreign Missions and International Organizations Actb, hereby makes the annexed Commission for Environmental Cooperation Privileges and Immunities in Canada Order. a b S.C. 1995, c. 5, par. 25(1)(n) S.C. 1991, c. 41 Current to June 20, 2022 Last amended on December 16, 2020 Commission for Environmental Cooperation Privileges and Immunities in Canada Order Interpretation 1 The definitions in this section apply in this Order. Act means the Foreign Missions and International Organizations Act. (Loi) Agreement means the Headquarters Agreement between the Government of Canada and the Commission that was signed by Canada at Gatineau on October 5, 2020 and by the Commission at Ottawa on October 5, 2020. (Accord) Commission means the Commission for Environmental Cooperation that was established by Canada, the United States and the United Mexican States on January 1, 1994 and is continued under the Agreement on Environmental Cooperation among the Governments of Canada, the United States of America, and the United Mexican States, that was signed by Canada at Ottawa on December 18, 2018 and that came into force on July 1, 2020. (Commission) Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Act. (Convention) Secretariat means the Secretariat of the Commission. (Secrétariat) Vienna Convention means the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act. (Convention de Vienne) SOR/2020-280, s. 1. Privileges and Immunities 2 (1) The Commission shall have in Canada the legal capacities of a body corporate and, to the extent specified in Articles 3 to 7 of the Agreement, the privileges and immunities set out in Articles II and III of the Convention. (2) Representatives of foreign states who are members of the Council of the Commission shall have in Canada, to the extent specified in Article 8 and paragraph 1 of Article 13 of the Agreement, the privileges and immunities Current to June 20, 2022 Last amended on December 16, 2020 Commission for Environmental Cooperation Privileges and Immunities in Canada Order Privileges and Immunities Section 2 comparable to those accorded to diplomatic representatives in Canada under the Vienna Convention. (3) The Executive Director and the Directors of the Secretariat, and members of their families forming part of their households, shall have in Canada, to the extent specified in Article 9 and paragraph 2 of Article 13 of the Agreement, privileges and immunities comparable to those accorded in Canada under the Vienna Convention to diplomatic agents and members of their families forming part of their households. (4) Other officials of the Secretariat shall have in Canada, to the extent specified in Article 10 and paragraph 2 of Article 13 of the Agreement, the following privileges and immunities set out in Section 18 of Article V of the Convention: (a) immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity; (b) exemption from taxation on the salaries and emoluments paid to them by the Commission; (c) immunity from national service obligations; (d) together with their spouses and relatives dependent on them, immunity from immigration restrictions and alien registration; (e) the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions; and (f) the right to import free of duty their furniture and effects at the time of first taking up their post in Canada. (5) Experts performing missions for the Commission shall have in Canada, to the extent specified in Article 11 and paragraph 3 of Article 13 of the Agreement, the following privileges and immunities set out in Article VI of the Convention: (a) immunity from personal arrest or detention and from seizure of their personal baggage; (b) in respect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind, which immunity shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the Commission; Current to June 20, 2022 Last amended on December 16, 2020 Commission for Environmental Cooperation Privileges and Immunities in Canada Order Privileges and Immunities Sections 2-3 (c) inviolability for all papers and documents; and (d) the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys. SOR/2020-280, s. 2. Coming into Force 3 This Order comes into force on September 23, 1997. Current to June 20, 2022 Last amended on December 16, 2020
CONSOLIDATION Canada Labour Standards Regulations C.R.C., c. 986 Current to June 20, 2022 Last amended on June 2, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 2, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 2, 2022 TABLE OF PROVISIONS Canada Labour Standards Regulations 2 Interpretation Exclusion of Professions Modified Work Schedule Averaging Weekly Rest Employees Under 17 Years of Age Apprenticeship 11.1 Reporting Pay Annual Vacations General Holidays Regular Rate of Wages for Purposes of General Holidays, Personal Leave, Leave for Victims of Family Violence and Bereavement Leave Multi-employer Employment Determination of Hourly Rate of Wages Board, Living Quarters and other Remuneration Current to June 20, 2022 Last amended on June 2, 2022 ii Canada Labour Standards Regulations TABLE OF PROVISIONS Payment of Wages, Vacation or Holiday Pay or other Remuneration when Employee Cannot Be Found Keeping of Records 24.1 Certificate Referred to in Subsection 181.1(2) of the Act Notices to Be Posted Notice of Group Termination Industrial Establishment for Group Termination Exemption from Group Termination Continuity of Employment 29.1 Complaint for Unjust Dismissal 29.2 Complaint Related to Genetic Testing 29.3 Complaint Referred to in Subsection 251.01(1) of the Act Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment Regular Hours of Work (Severance Pay and Individual Termination of Employment) Immediate Family Current to June 20, 2022 Last amended on June 2, 2022 iv Canada Labour Standards Regulations TABLE OF PROVISIONS Work-related Illness and Injury SCHEDULE I SCHEDULE II Notice Related to the Canada Labour Code — Part III SCHEDULE III Notice of Modified Work Schedule SCHEDULE IV Notice of Averaging of Hours of Work SCHEDULE V Current to June 20, 2022 Last amended on June 2, 2022 v CHAPTER 986 CANADA LABOUR CODE Canada Labour Standards Regulations 1 [Repealed, SOR/2019-168, s. 2] Interpretation 2 (1) In these Regulations, Act means Part III of the Canada Labour Code; (Loi) Director [Repealed, SOR/94-668, s. 2] post means, in respect of a document, to post in readily accessible places where the document is likely to be seen by the employees to whom it applies, and to keep the document posted for the period during which it applies. (afficher) (2) If, under these Regulations, any notice, application or other document is required or authorized to be filed with or sent to the Head of Compliance and Enforcement, it shall be filed with or sent to the Head of Compliance and Enforcement at the regional office of the Labour Program of the Department of Employment and Social Development that is located at the city nearest to the place where the employee concerned resides. SOR/91-461, s. 2; SOR/94-668, s. 2; SOR/2021-118, s. 1. Exclusion of Professions 3 Division I of the Act does not apply to members of the architectural, dental, engineering, legal or medical professions. SOR/78-560, s. 1; SOR/91-461, s. 3(F). Modified Work Schedule 4 If, in accordance with subsection 170(1) or 172(1) of the Act, the parties to a collective agreement have agreed in writing to a modified work schedule, the agreement shall be dated and contain the information set out in paragraphs (a) to (m) of Schedule III. SOR/78-560, s. 2; SOR/91-461, s. 4; SOR/94-668, s. 3; SOR/2019-168, s. 3. 5 A notice that is referred to in subsection 170(3) or 172(3) of the Act shall contain the information set out in Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Modified Work Schedule Sections 5-6 Schedule III and remain posted while the modified work schedule is in effect. SOR/91-461, s. 5; SOR/94-668, s. 3; SOR/2019-168, s. 3. Averaging 6 (1) Where the nature of the work in an industrial establishment necessitates that the hours of work of certain employees be irregularly distributed with the result that those employees (a) have no regularly scheduled daily or weekly hours of work, or (b) have regularly scheduled hours of work that vary in number from time to time, the hours of work of each of those employees in a day and in a week may be calculated as an average over an averaging period of two or more consecutive weeks. (2) The averaging period referred to in subsection (1) may be changed in accordance with these Regulations, but shall not exceed the number of weeks necessary to cover the period in which fluctuations in the hours of work of the employees take place. (3) Before averaging hours of work under subsection (1) or changing the number of weeks in the averaging period, the employer shall, at least 30 days before the date on which the averaging or the change takes effect, (a) post a notice of intention to average hours of work or change the number of weeks in the averaging period, containing the information set out in Schedule IV; and (b) provide a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement. (4) Where averaging of hours of work is in effect, the employer shall post a notice containing the information set out in Schedule IV. (5) Where the parties to a collective agreement have agreed in writing to average the hours of work of employees or to change the averaging period and the written agreement is dated and contains the information set out in Schedule IV, the employer need not satisfy the requirements of subsections (3) and (4). Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Averaging Section 6 (6) Where the hours of work of employees are calculated as an average pursuant to subsection (1), (a) the standard hours of work of an employee shall be 40 times the number of weeks in the averaging period; (b) the maximum hours of work of an employee shall not exceed 48 times the number of weeks in the averaging period; and (c) the overtime rate referred to in paragraph 174(1)(a) of the Act shall be paid or, subject to subsection 174(2) of the Act, the time off referred to in paragraph 174(1)(b) of the Act shall be granted for those hours worked in excess of the standard hours of work referred to in paragraph (a), excluding those hours for which a rate at least one and one-half times the regular rate of wages has been paid prior to the end of the averaging period. (7) Subject to subsection (8), the standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by eight hours for every day during the averaging period that, for an employee, is a day (a) of annual vacation with pay; (b) of general or other holiday with pay; (c) of leave of absence with pay under subsection 205(2) of the Act; (d) of personal leave with pay; (e) of leave for victims of family violence with pay; (f) of bereavement leave with pay; or (g) that is normally a working day in respect of which the employee is not entitled to regular wages. (8) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall not be reduced by more than 40 hours for any week that, for an employee, is a week (a) of annual vacation with pay; (b) of leave of absence with pay under subsection 205(2) of the Act; (c) that is normally a working week in respect of which the employee is not entitled to regular wages; or Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Averaging Section 6 (d) of leave for victims of family violence with pay. (9) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the averaging period, during which an employee is not entitled to regular wages. (10) Where an employee whose hours of work are averaged pursuant to subsection (1) terminates the employee’s employment during the averaging period, the employer shall pay the employee’s regular rate of wages for the actual hours worked during the completed part of the averaging period. (11) If, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged under subsection (1), the employer shall pay the employee at the overtime rate of wages established under paragraph 174(1)(a) of the Act for any hours worked, but not previously paid, in excess of 40 times the number of weeks in the completed part of the averaging period. (12) An employer who has adopted an averaging period under subsection (1) shall not alter the number of weeks in the averaging period or cease to calculate the average hours of work of employees unless the employer has, at least 30 days before making either change, (a) posted a notice of the change; and (b) provided a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement. (13) If, before the end of an averaging period, an employer alters the number of weeks in the averaging period applicable to employees or ceases to calculate the average hours of work of employees, the employer shall, for each hour worked in excess of 40 times the number of weeks in the completed part of the averaging period, (a) pay those employees at the overtime rate referred to in paragraph 174(1)(a) of the Act; or Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Averaging Sections 6-10 (b) subject to subsection 174(2) of the Act, grant those employees time off in accordance with paragraph 174(1)(b) of the Act. SOR/91-461, s. 6; SOR/94-668, s. 3; SOR/2002-113, s. 1(F); SOR/2019-168, s. 4; SOR/ 2021-118, s. 2; SOR/2022-41, s. 1. 7 Notwithstanding the requirements of these Regulations, section 174 of the Act does not apply in circumstances where there is an established work practice that (a) requires or permits an employee to work in excess of standard hours for the purposes of changing shifts; (b) permits an employee to exercise seniority rights to work in excess of standard hours pursuant to a collective agreement; or (c) permits an employee to work in excess of standard hours as the result of his exchanging a shift with another employee. SOR/91-461, s. 7. Weekly Rest 8 (1) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are agreed to in writing under section 172 of the Act, the work schedule shall include no fewer days of rest than the number of weeks in the work schedule. (2) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are authorized under section 176 of the Act, the Head of Compliance and Enforcement may specify in a permit referred to in section 176 of the Act that the hours of work in a week need not be scheduled as required by section 173 of the Act during the period of the permit and, having regard to the conditions of employment in the industrial establishment and the welfare of the employees, may prescribe in the permit alternative days of rest to be observed. SOR/91-461, s. 8; SOR/94-668, s. 4; SOR/2021-118, s. 2. 9 During an averaging period, hours of work may be scheduled and actually worked without regard to section 173 of the Act. SOR/91-461, s. 8. Employees Under 17 Years of Age [SOR/91-461, s. 9] 10 (1) An employer may employ a person under the age of 17 years in any office or plant, in any transportation, Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Employees Under 17 Years of Age Sections 10-11.1 communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if (a) the person is not required, under the law of the province in which they are ordinarily resident, to be in attendance at school; and (b) the work in which the person is to be employed (i) is not carried on underground in a mine, (ii) would not cause them to be employed in or enter a place that they are prohibited from entering under the Explosives Regulations, 2013, (iii) is not work as a nuclear energy worker as defined in the Nuclear Safety and Control Act, (iv) is not work that they are prohibited from doing under the Canada Shipping Act, 2001 by reason of their age, or (v) is not likely to be injurious to their health or to endanger their safety. (2) An employer may not cause or permit an employee under the age of 17 years to work between 11 p.m. on one day and 6 a.m. on the following day. (3) [Repealed, SOR/99-337, s. 1] (4) [Repealed, SOR/91-461, s. 10] SOR/80-687, s. 1; SOR/81-284, s. 1; SOR/86-477, s. 1; SOR/91-461, s. 10; SOR/96-167, s. 1; SOR/99-337, s. 1; SOR/2002-113, s. 2; SOR/2019-168, s. 5. Apprenticeship 11 An employer is exempted from the application of section 178 of the Act in respect of any of the employer’s employees who are being trained on the job if those employees are apprentices registered under a provincial apprenticeship Act and are being paid in accordance with a schedule of rates established under such an Act. SOR/91-461, s. 11; SOR/2002-113, s. 3. Reporting Pay 11.1 An employer shall pay an employee who reports for work at the call of the employer wages for not less than three hours of work at the employee’s regular rate of Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Reporting Pay Sections 11.1-13 wages, whether or not the employee is called on to perform any work after so reporting for work. SOR/91-461, s. 12. Annual Vacations 12 An employer shall, at least 30 days prior to determining a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, notify in writing the affected employees of (a) the dates of commencement and expiry of the year of employment; and (b) the method of calculating the length of vacation and the vacation pay for a period of employment of less than 12 consecutive months. SOR/94-668, s. 5. 13 (1) Where an employer has determined a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, the employer shall, within ten months after the commencement date or after each subsequent anniversary date, as the case may be, of the determined year of employment, grant a vacation with vacation pay to each employee who has completed less than 12 months of continuous employment at that date. (2) The vacation granted to an employee pursuant to subsection (1) shall be the number of weeks of the employee’s vacation entitlement under section 184 of the Act divided by 12 and multiplied by the number of completed months of employment from and including (a) the date employment began, for an employee who became an employee after the commencement date of the year of employment referred to in subsection (1); or (b) the commencement date of the year of employment previously in effect, for all other employees. (3) Where an employee is entitled to an annual vacation and there is no agreement between the employer and employee concerning when the vacation may be taken, the employer shall give the employee at least two weeks notice of the commencement of the employee’s annual vacation. (4) An employer shall pay to an employee who is entitled to it the vacation pay referred to in subparagraph 185(b)(i) of the Act or the amount referred to in subparagraph 185(b)(ii) of the Act, as the case may be, Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Annual Vacations Sections 13-16 (a) on a day that is within 14 days before the day on which a vacation period begins; or (b) on the regular pay day during or immediately following a vacation period if it is not practicable to comply with paragraph (a) or if it is an established practice in the industrial establishment in which the employee is employed to pay vacation pay or a proportion of that vacation pay on the regular pay day during or immediately following a vacation period. SOR/94-668, s. 5; SOR/2002-113, s. 4(E); SOR/2014-305, s. 1(F); SOR/2019-168, s. 6. 14 (1) An employee may, by written agreement with the employer, postpone or waive the employee’s entitlement to an annual vacation for a specified year of employment. (2) Where an employee waives an annual vacation in accordance with subsection (1), the employer shall pay the vacation pay to the employee within 10 months after the end of the specified year of employment. SOR/91-461, s. 13; SOR/94-668, s. 5. General Holidays 15 (1) A notice of substitution of a general holiday required to be posted pursuant to subsection 195(3) of the Act shall contain (a) the name of the employer; (b) an identification of the affected employees; (c) the address or location of the workplace; (d) the dates of the general holiday and the substituted holiday; (e) the dates the substitution comes into effect and expires; (f) the date of posting; and (g) a statement that at least 70 per cent of the affected employees must agree to the substitution of the general holiday for the substitution to come into effect. (2) The notice referred to in subsection (1) shall remain posted for the duration of the substitution. SOR/91-461, s. 14; SOR/94-668, s. 5. 16 If, in accordance with subsection 195(1) of the Act, any other day is substituted for a general holiday in a written agreement between the parties to a collective Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations General Holidays Sections 16-19 agreement, the written agreement shall contain the information set out in paragraphs 15(1)(a) to (e). SOR/94-668, s. 5; SOR/2022-41, s. 2. Regular Rate of Wages for Purposes of General Holidays, Personal Leave, Leave for Victims of Family Violence and Bereavement Leave 17 For the purposes of subsections 206.6(2), 206.7(2.1) and 210(2) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be (a) the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave; or (b) an amount calculated by a method agreed on under or pursuant to a collective agreement that is binding on the employer and the employee. SOR/79-309, s. 1; SOR/91-461, s. 15; SOR/2014-305, s. 2; SOR/2019-168, s. 7. 18 For the purposes of section 197 of the Act, if the hours of work of an employee whose wages are calculated on a daily or hourly basis differ from day to day, or if the employee’s wages are calculated on a basis other than time, the regular rate of wages for a general holiday shall be (a) the average of his daily earnings exclusive of overtime for the 20 days he has worked immediately preceding the holiday; or (b) an amount calculated by a method agreed upon under or pursuant to a collective agreement that is binding on the employer and the employee. SOR/79-309, s. 2; SOR/91-461, s. 16; SOR/2014-305, s. 3. Multi-employer Employment [SOR/91-461, s. 17] 19 (1) In this section, basic rate of wages means the basic hourly wage rate of an employee excluding any premium or bonus rates paid Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Multi-employer Employment Section 19 under any specific conditions of his employment; (taux de salaire de base) employee means an employee engaged in multi-employer employment; (employé) employer means the employer of an employee; (employeur) longshoring employment means employment in the loading or unloading of ship’s cargo and in operations related to the loading or unloading of ship’s cargo; (emploi au débardage) multi-employer employment means longshoring employment in any port in Canada where by custom the employee engaged in such employment would in the usual course of a working month be ordinarily employed by more than one employer; (travail au service de plusieurs employeurs) multi-employer unit means an association of employers designated by the Minister as a multi-employer unit. (groupe de plusieurs employeurs) (2) When an employee of an employer who is a member of a multi-employer unit is entitled to wages for multiemployer employment, the employee is entitled to and shall be paid by the multi-employer unit an amount equal to their basic rate of wages multiplied by one twentieth of the hours, exclusive of overtime hours, that they worked in the four-week period immediately preceding the week in which a general holiday occurs. (3) Where an employee is employed by an employer who is not a member of a multi-employer unit, the employee is entitled to and shall be paid, on each pay day, in lieu of general holidays, an amount equal to three and one-half per cent of his basic rate of wages multiplied by the number of hours worked by the employee for that employer in the pay period for which he is paid on that pay day. (4) In addition to any amounts that an employee is entitled to under subsections (2) and (3), an employee who is required by an employer to work on a general holiday shall be paid at a rate of not less than one and one-half times his basic rate of wages for the time worked by him on that day. (5) The Minister may by order designate an association of employers as a multi-employer unit for any port or ports if Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Multi-employer Employment Sections 19-20 (a) the association has set up and administers a central pay office to record the employment of the employees of the employers who are members of the association and to pay wages to such employees on behalf of their employers; and (b) the Minister is satisfied that the central pay office so set up by the association of employers is authorized to collect from each of the members of the association and pay out on their behalf to their employees the pay required to be paid to those employees pursuant to this section. (6) For the purposes of subsections 177.1(1), 206.6(2), 206.7(2.1), 206.8(1), 210(2), 230(1) and 235(1), paragraph 240(1)(a) and subsection 247.5(1) of the Act, if an employee is engaged in multi-employer employment, that employee is deemed to be continuously employed. SOR/78-560, s. 3; SOR/81-473, s. 1; SOR/91-461, s. 18; SOR/2002-113, s. 5; SOR/ 2009-194, s. 1; SOR/2014-305, s. 4; SOR/2019-168, s. 8; SOR/2022-41, s. 3. Determination of Hourly Rate of Wages 20 (1) Subject to subsections (2) and (3), for the purposes of calculating and determining the regular hourly rate of wages of employees who are paid on any basis of time other than hourly, an employer shall divide the wages paid for work performed by the number of hours required to perform the work. (2) The regular hourly rate of wages for the purposes of paragraph 174(1)(a) and subsections 174(4) and (5), 197(1) and 205(2) of the Act may be the rate agreed on under a collective agreement that is binding on the employer and the employee. (3) For the purposes of subsection (1), (a) the wages paid for work performed do not include vacation pay, general holiday pay, other holiday pay, bereavement leave pay and wages paid for any hours of overtime; and (b) the number of hours required to perform the work does not include hours for which an overtime rate of wages has been paid. SOR/79-309, s. 3; SOR/91-461, s. 19; SOR/2014-305, s. 5; SOR/2022-41, s. 4. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Board, Living Quarters and other Remuneration Sections 21-23 Board, Living Quarters and other Remuneration 21 Where board or living quarters or both are furnished by or on behalf of an employer to an employee and the arrangement is accepted by the employee, the amount by which the wages of the employee may be reduced, for any pay period, below the minimum hourly wage established under section 178 of the Act either by deduction from wages or by payment from the employee to the employer for such board or living quarters, shall not exceed (a) for board, $0.50 for each meal; and (b) for living quarters, $0.60 per day. SOR/91-461, s. 19; SOR/94-668, s. 6. 22 For the purposes of calculating and determining wages, the monetary value of any board, lodging or any remuneration other than money received by an employee in respect of his employment shall be of the amount that has been agreed upon between the employer and the employee, or where there is no such agreement or the amount agreed upon unduly affects the wages of the employee, the amount as may be determined by the Head of Compliance and Enforcement. SOR/2021-118, s. 2. Payment of Wages, Vacation or Holiday Pay or other Remuneration when Employee Cannot Be Found 23 (1) Where an employer is required to pay wages to an employee or an employee is entitled to payment of wages by the employer and the employee cannot be found for the purposes of making such payment, the employer shall, not later than six months after the wages became due and payable, pay the wages to the Head of Compliance and Enforcement and such payment shall be deemed to be payment to the employee. (1.1) Prior to paying the wages to the Head of Compliance and Enforcement under subsection (1), the employer shall, not later than two months after the wages become due and payable, by written notice delivered personally or sent by registered mail to the employee’s last known address, inform the employee of the wages to which the employee is entitled. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Payment of Wages, Vacation or Holiday Pay or other Remuneration when Employee Cannot Be Found Sections 23-24 (2) The Head of Compliance and Enforcement shall deposit any amounts received under subsection (1) to the credit of the Receiver General in an account to be known as the “Labour Standards Suspense Account”, and the Head of Compliance and Enforcement may authorize payments out of the Account to any employee whose wages are held therein. (3) The Head of Compliance and Enforcement shall keep a record of receipts and disbursements from the Labour Standards Suspense Account. SOR/91-461, s. 20; SOR/2021-118, s. 2. Keeping of Records 24 (1) Every employer shall make and keep a record in respect of each employee showing the date of commencement of employment and the date of termination of employment and shall keep such record for a period of at least 36 months after the date of termination of employment. (2) Every employer shall keep, for at least three years after work is performed by an employee, the following information: (a) the full name, address, Social Insurance Number, occupational classification and sex of the employee, and where the employee is under the age of 17 years, the age of the employee; (b) the rate of wages, clearly indicating whether it is on an hourly, weekly, monthly or other basis, and the date and particulars of any change in the rate; (c) where the rate of wages is on a basis other than time or on a combined basis of time and some other basis, a clear indication of the method of computation of that basis; (d) the hours worked each day, except where the employee is (i) excluded from the application of Division I of the Act by or under subsection 167(2) of the Act, or (ii) exempt from the application of sections 169 and 171 of the Act pursuant to regulations made under paragraph 175(1)(b) of the Act; (e) the actual earnings, indicating the amounts paid each pay day, with a recording of the amounts paid for overtime, vacation pay, general holiday pay, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, termination pay and severance pay; Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Keeping of Records Section 24 (f) the payments made each pay day after deductions, with clear details of the deductions made; (g) with respect to annual vacations (i) the dates of commencement and termination of each vacation period, (ii) if a vacation was interrupted under subsection 187.1(1) of the Act, the date of interruption, and if the employee resumed the vacation under subsection 187.1(7) of the Act, the date of resumption, and (iii) if a vacation was postponed under subsection 187.2(1) of the Act, the new dates of commencement and termination of that vacation; (g.01) the year of employment in respect of which each annual vacation period was granted; (g.02) any written notice of an interruption of a vacation or leave provided in accordance with subsection 187.1(6), 207.1(1) or 207.2(1) of the Act, as the case may be, and any written notice of resumption of a vacation or leave provided in accordance with subsection 187.1(7), 207.1(2) or 207.2(5) of the Act, as the case may be; (g.1) any written agreement between the employer and the employee to postpone or waive the employee’s entitlement to annual vacation pursuant to subsection 14(1); (g.11) any written request made by an employee under section 184.1 of the Act and a record of the employer’s response to that request; (g.2) where the employer determines a year of employment pursuant to paragraph (b) of the definition “year of employment” in section 183 of the Act, any notice provided to employees pursuant to section 12; (h) with respect to any leave granted to the employee under Division VII of the Act, (i) the dates of commencement and termination, and of any interruption, of the leave, (ii) a copy of any notice concerning the leave or any interruption of the leave, and (iii) any documentation, including a copy of any medical certificate, that was provided by the employee in respect of the leave or interruption; (h.1) the dates of commencement and termination of any job modification or reassignment of the employee Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Keeping of Records Section 24 provided pursuant to Division VII of the Act and a copy of any notice provided by the employer concerning the job modification or reassignment; (i) any general holiday or other holiday with pay granted to the employee under Division V of the Act, any notice of substitution of a general holiday required to be posted under section 195 of the Act and, in respect of employees not subject to a collective agreement, proof that the substitution was approved in accordance with subsection 195(2) of the Act; (j) when hours of work are averaged under section 6, any notice concerning the averaging of hours of work, details of any reductions in the standard and maximum hours of work made under subsections 6(7), (8) and (9) and the number of hours for which the employee was entitled to be paid at the overtime rate of wages or granted time off for overtime worked; (k) the employer’s pay periods; (l) a copy of any certificate provided in respect of medical breaks or medical leave and any request for the certificate made by the employer in accordance with subsection 181.1(2) or 239(2) of the Act, and any notice of termination of employment or intention to terminate employment given in accordance with Division IX or X of the Act; (m) with respect to any period of bereavement leave granted to the employee under Division VIII of the Act, (i) the date on which that period begins and its length, and (ii) a copy of the written notice provided by that employee in accordance with subsection 210(1.3) of the Act; (n) proof of the approval referred to in paragraph 170(2)(b) or 172(2)(b) of the Act; (n.1) every work schedule and modification of a work schedule that is provided in writing to an employee; (n.2) every written notice given, written request made or written agreement entered into under Division I or I.1 of the Act; (n.21) a record describing any situation that an employee had to deal with under subsection 169.1(2) of the Act; Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Keeping of Records Section 24 (n.22) a record describing any situation that an employee had to deal with under subsection 169.2(2) of the Act; (n.3) a record of any refusal by an employee made under subsection 173.01(2) of the Act; (n.4) a record describing any situation that an employee had to deal with under subsection 173.01(3) of the Act; (n.41) a record describing any situation that an employee had to deal with under subsection 173.1(2) of the Act; (n.5) a record of any refusal by an employee made under section 174.1 of the Act; (n.6) a record describing any situation that an employee had to deal with under subsection 174.1(3) of the Act; (o) with respect to leave granted under Division XV.2 of the Act to an employee who is a member of the reserve force, (i) the dates of commencement and termination of the leave and of any interruption or postponement of that leave, (i.1) a copy of any notice concerning the leave, (ii) a copy of any medical certificate submitted by the employee in respect of that leave, (iii) a copy of any document provided under section 247.7 of the Act, and (iv) a copy of any notice issued under subsection 247.8(1) or 247.95(2) of the Act. (3) Any method of reporting absences from employment or overtime hours of work that discloses the particulars required by subsection (2), including regular daily hours of work, shall be a sufficient record for the purposes of these Regulations. (4) Every employer shall keep for a period of at least three years after the expiration of the employer’s obligation under subsection 239.1(3) of the Act, the following information: Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Keeping of Records Sections 24-26 (a) detailed reasons for an employee’s absence due to work-related illness or injury; (b) a copy of any certificate of a health care practitioner indicating that the employee is fit to return to work; and (c) the date the employee returned to work, or a copy of any notification from the employer to the employee and any trade union representing the employee that return to work was not reasonably practicable and the reasons why it was not. (5) [Repealed, SOR/2014-305, s. 6] SOR/78-560, s. 4; SOR/91-461, s. 21; SOR/94-668, s. 7; SOR/2009-194, s. 2; SOR/ 2014-305, s. 6; SOR/2019-168, s. 9; SOR/2022-41, s. 5. Certificate Referred to in Subsection 181.1(2) of the Act 24.1 A certificate issued by a health care practitioner under subsection 181.1(2) of the Act shall set out, in addition to the information required by that subsection, the dates of commencement and termination of the period in which the breaks needed for medical reasons are to be taken. SOR/2022-41, s. 6. Notices to Be Posted 25 (1) Where a permit is granted by the Head of Compliance and Enforcement under section 176 of the Act, the employer shall post copies of the permit. (2) Every employer shall post notices containing the information set out in Schedule II. (3) Every employer shall post copies of the policy statement referred to in section 247.4 of the Act. SOR/91-461, s. 22; SOR/94-668, s. 8; SOR/2021-118, s. 2. Notice of Group Termination [SOR/91-461, s. 23] 26 A notice of termination given pursuant to subsection 212(1) of the Act shall, in addition to the information required by paragraphs 212(3)(a) and (b) of the Act, set out (a) the name of the employer; (b) the location at which the termination is to take place; (c) the nature of the industry of the employer; Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Notice of Group Termination Sections 26-29 (d) the name of any trade union certified to represent any employee in the group of employees whose employment is to be terminated or recognized by the employer as bargaining agent for any such employees; and (e) the reason for the termination of employment. SOR/91-461, s. 24. Industrial Establishment for Group Termination [SOR/91-461, s. 25(F)] 27 For the purposes of Division IX of the Act, the following are designated as industrial establishments: (a) all branches, sections and other divisions of federal works, undertakings and businesses that are located in a region established pursuant to paragraph 54(w) of the Employment Insurance Act; and (b) all branches, sections and other divisions listed in Schedule I. SOR/79-309, s. 4; SOR/86-628, s. 1; SOR/91-461, s. 26; SOR/2002-113, s. 6. Exemption from Group Termination [SOR/91-461, s. 27(F)] 28 Every employer shall be exempt from the application of Division IX of the Act in respect of the termination of employment of (a) employees employed on a seasonal basis; or (b) employees employed on an irregular basis under an arrangement whereby the employee may elect to work or not to work when requested to do so. SOR/91-461, s. 28. Continuity of Employment [SOR/94-668, s. 9; SOR/2002-113, s. 7; SOR/2006-231, s. 1; SOR/2019-168, s. 10] 29 For the purposes of Divisions IV, VII, VIII, X, XI, XIII, XIV and XV.2 of the Act, the absence of an employee from employment is deemed not to have interrupted continuity of employment if (a) the employee is absent from employment as a result of a lay-off that is not a termination under these Regulations; or Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Continuity of Employment Sections 29-29.2 (b) the employer permits or condones the employee’s absence from employment. SOR/91-461, s. 29; SOR/2009-194, s. 3. Complaint for Unjust Dismissal 29.1 For the purposes of paragraph 240(3)(b) of the Act, the following circumstances are prescribed: (a) the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 246.1(1) or 247.99(1) of the Act in accordance with subsection 246.1(3) or 247.99(2) of the Act, as the case may be, and that complaint was withdrawn; and (b) the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts of unjust dismissal was previously made under that subsection in accordance with subsection 240(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error. SOR/2022-41, s. 7. Complaint Related to Genetic Testing 29.2 For the purposes of paragraph 247.99(3)(b) of the Act, the following circumstances are prescribed: (a) the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 240(1) or 246.1(1) of the Act in accordance with subsection 240(2) or 246.1(3) of the Act, as the case may be, and that complaint was withdrawn; and (b) the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 247.99(2) of the Act, and that complaint was withdrawn because it is incomplete or contains an error. SOR/2022-41, s. 7. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Complaint Referred to in Subsection 251.01(1) of the Act Sections 29.3-30 Complaint Referred to in Subsection 251.01(1) of the Act 29.3 A prescribed circumstance for the purposes of paragraph 251.01(3)(b) of the Act is the making of a complaint under subsection 251.01(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 251.01(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error. SOR/2022-41, s. 7. Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment [SOR/91-461, s. 30(F)] 30 (1) For the purposes of Divisions IX, X and XI of the Act and subject to subsection (2), a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer where (a) the lay-off is a result of a strike or lockout; (b) the term of the lay-off is 12 months or less and the lay-off is mandatory pursuant to a minimum work guarantee in a collective agreement; (c) the term of the lay-off is three months or less; (d) the term of the lay-off is more than three months and the employer (i) notifies the employee in writing at or before the time of the lay-off that he will be recalled to work on a fixed date or within a fixed period neither of which shall be more than six months from the date of the lay-off, and (ii) recalls the employee to his employment in accordance with subparagraph (i); (e) the term of the lay-off is more than three months and (i) the employee continues during the term of the lay-off to receive payments from his employer in an amount agreed on by the employee and his employer, Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment Sections 30-31 (ii) the employer continues to make payments for the benefit of the employee to a pension plan that is registered pursuant to the Pension Benefits Standards Act or under a group or employee insurance plan, (iii) the employee receives supplementary unemployment benefits, or (iv) the employee would be entitled to supplementary unemployment benefits but is disqualified from receiving them pursuant to the Employment Insurance Act; or (f) the term of the lay-off is more than three months but not more than 12 months and the employee, throughout the term of the lay-off, maintains recall rights pursuant to a collective agreement. (1.1) [Repealed, SOR/2020-138, s. 1] (1.2) [Repealed, SOR/2020-138, s. 1] (2) In determining the term of a lay-off for the purposes of paragraphs (1)(c), (d) and (f), any period of re-employment of less than two weeks duration shall not be included. SOR/82-747, s. 1; SOR/86-628, s. 2(F); SOR/91-461, s. 31; SOR/2006-231, s. 2; SOR/ 2020-138, s. 1; SOR/2020-242, s. 1. Regular Hours of Work (Severance Pay and Individual Termination of Employment) [SOR/91-461, s. 32(F)] 31 (1) For the purposes of Division X of the Act, the regular hours of work in a week of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by four. (2) For the purposes of Division XI of the Act, the regular hours of work in a day of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by 20. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Regular Hours of Work (Severance Pay and Individual Termination of Employment) Sections 31-33 (3) For the purposes of subsections (1) and (2), a complete week is one in which (a) no general holiday occurs; (b) no annual vacation is taken by the employee; and (c) the employee was not absent from work for any other reason. SOR/79-309, s. 5; SOR/91-461, s. 33. 32 (1) For the purposes of Division X of the Act, the regular hours of work in a week for an employee whose hours of work are averaged is 40 hours. (2) For the purposes of Division XI of the Act, the regular hours of work in a day for an employee whose hours of work are averaged is eight hours. SOR/79-309, s. 6; SOR/86-628, s. 3(E); SOR/91-461, s. 34; SOR/94-668, s. 10. Immediate Family 33 (1) For the purpose of subsection 210(1) of the Act, immediate family means, in respect of an employee, (a) the employee’s spouse or common-law partner; (b) the employee’s father and mother and the spouse or common-law partner of the father or mother; (c) the employee’s children and the children of the employee’s spouse or common-law partner; (d) the employee’s grandchildren; (e) the employee’s brothers and sisters; (f) the grandfather and grandmother of the employee; (g) the father and mother of the spouse or commonlaw partner of the employee and the spouse or common-law partner of the father or mother; and (h) any relative of the employee who resides permanently with the employee or with whom the employee permanently resides. (2) In this section, common-law partner means a person who has been cohabiting with an individual in a conjugal relationship for at least one year, or who had been so cohabiting with the individual for at least one year immediately before the individual’s death. SOR/78-560, s. 5; SOR/91-461, s. 35; SOR/2001-149, s. 1; SOR/2002-113, s. 8(E). Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations Immediate Family Sections 33.01-34 33.01 [Repealed, SOR/2020-226, s. 1] 33.1 [Repealed, SOR/2021-36, s. 1] Work-related Illness and Injury 34 (1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the health care practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date. (2) Where, within nine months after an employee’s return to work in accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to a Head of Compliance and Enforcement that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury. (3) Where the employer cannot return an employee to work within 21 days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor. SOR/94-668, s. 11; SOR/2021-118, s. 2; SOR/2022-41, s. 8. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I SCHEDULE I (Section 27) PART I Canadian Pacific Limited Industrial Establishments 1 Corporate Offices Gulf Canada Square Calgary, Alberta Chairman and President’s Office Secretary Executive Vice-President & Chief Operating Officer Executive Vice-President & Chief Financial Officer Senior Vice-President Operations Senior Vice-President Marketing & Sales Vice-President Strategy & Law & Corporate Secretary Vice-President Transportation/Field Operations Vice-President Communications & Public Affairs Vice-President Human Resources & Industrial Relations Vice-President Information Services Vice-President Business Planning & Development Vice-President Customer Service Vice-President Supply Services Vice-President Intermodal & Automotive Vice-President Carload Vice-President Bulk Vice-President Real Estate Assistant Vice-President Mechanical Operations Assistant Vice-President Engineering Operations Director Environmental Services Director General Claims Agent Director Intermodal Operations West Occupational and Environmental Health Police Services Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Administrative Services Tronicus 2 General Manager International Commercial Montreal, Quebec 150 Henry Avenue Winnipeg, Manitoba Engineering Police Services Safety & Regulatory Affairs Supply Services Training Human Resources Administration General Yard Office Alyth Yard Calgary, Alberta Service Area Manager Field Operations Service Area Manager Mechanical Safety & Regulatory Affairs Transportation Administration General Yard Office Port Coquitlam Operation Port Coquitlam, British Columbia Service Area Manager Field Operations Mechanical Safety & Regulatory Affairs Commercial Administration Manitoba Service Area Winnipeg Operation Winnipeg, Manitoba Service Area Manager Manager Road Operations Manager Yard Operations Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Field Operations Mechanical Engineering 7 Manitoba Service Area Brandon Operation Brandon, Manitoba Manager Road Operations Field Operations Mechanical Engineering Northern Ontario Service Area Thunder Bay Operation Thunder Bay, Ontario Manager Road Operations Field Operations Mechanical Engineering Safety and Regulatory Affairs Commercial Southern Ontario Service Area Sudbury Operation Sudbury, Ontario Manager Road Operations Field Operations Mechanical Engineering Commercial Manitoba Service Area Kenora Operation Kenora, Ontario Manager Road Operations Field Operations Engineering Northern Ontario Service Area Thunder Bay Operation Thunder Bay, Ontario Service Area Manager Field Operations Mechanical Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Engineering 12 Northern Ontario Service Area Schreiber Operation Schreiber, Ontario Manager Road Operations Field Operations Engineering Northern Ontario Service Area Chapleau Operation Chapleau, Ontario Manager Road Operations Field Operations Mechanical Engineering Grain Office Winnipeg, Manitoba General Manager Commercial Customer Service Team Winnipeg, Manitoba Director Human Resources Saskatchewan Service Area Moose Jaw Operation Moose Jaw, Saskatchewan Service Area Manager Manager Yard and Road Operations Mechanical Engineering Safety and Regulatory Affairs Saskatchewan Service Area Saskatoon Operation Saskatoon, Saskatchewan Manager Road Operations Field Operations Mechanical Engineering Commercial Alberta Service Area Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Lethbridge Operation Calgary, Alberta Manager Road Operations Field Operations Mechanical 19 Alberta Service Area Medicine Hat Operation Medicine Hat, Alberta Manager Road Operations Field Operations Mechanical Alberta Service Area Edmonton Operation Edmonton, Alberta Manager Road Operations Mechanical Commercial Alberta Service Area Alyth Yard Calgary, Alberta Manager Road Operations Manager Yard Operations Field Operations Engineering Building Alyth Yard Calgary, Alberta Service Area Manager BC Interior Service Area Revelstoke Operation Revelstoke, British Columbia Service Area Manager Field Operations Mechanical Engineering Administration Vancouver Service Area Port Coquitlam Operation Port Coquitlam, British Columbia Service Area Manager Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Manager Road and Yard Operations Field Operations 25 Vancouver Service Area Consolidated Fastfrate Port Coquitlam Operation Port Coquitlam, British Columbia Service Area Manager Engineering Safety & Regulatory Affairs Environmental Affairs Administration Chemetron Railway Products Surrey Welding Plant Surrey, British Columbia Engineering BC Interior Service Area Kootenay Valley Railway Operation Nelson, British Columbia Manager Field Operations Mechanical Engineering Vancouver Service Area Kamloops Operation Kamloops, British Columbia Manager Road Operations Field Operations Engineering Commercial Administration BC Interior Service Area Cranbrook Operation Cranbrook, British Columbia Manager Road Operations Field Operations Mechanical Engineering Administration Vancouver Service Area Roberts Bank Operation Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Field Operations Mechanical 31 Finance and Accounting Offices Calgary, Alberta Vice-President and Comptroller Vice-President & Treasurer Vice-President Investor Relations Assistant Vice-President Tax Director Internal Audit Director Accounting and Special Projects Director Expenditure and General Accounting Director Budgets and Management Reporting Director General Accounting and Corporate Reporting Director Financial Analysis Director SAP Sustainment Director Risk Management Financial Director Accounting Service Centre Montreal, Quebec General Manager Accounting Service Centre Director Revenue Settlements Director Accounts Payable and Equipment Accounting Director Customer Accounts and Interline Settlements Manager Revenue Analysis and Reporting Manager Workplace Development and Administration Manager Revenue Settlements Manager Customer Accounts and Credit Freight Claims Toronto, Ontario Manager Central Parkway Mississauga, Ontario Commercial Business Development Planning and Information Department Human Resources Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Supply Services Finance Expressway Engineering Tronicus 35 Intermodal East Lachine Terminal Lachine, Quebec Terminal Manager Intermodal East Vaughan Terminal Kleinburg, Ontario Director Intermodal Operations East Terminal Manager Intermodal East Obico Container Terminal Etobicoke, Ontario Terminal Manager Intermodal West Thunder Bay Terminal Thunder Bay, Ontario Intermodal West Dryden Terminal Dryden, Ontario Intermodal West Winnipeg Terminal Winnipeg, Manitoba Terminal Manager Intermodal West Regina Terminal Regina, Saskatchewan Terminal Manager Intermodal West Saskatoon Terminal Saskatoon, Saskatchewan Terminal Supervisor Intermodal West Calgary Terminal Calgary, Alberta Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Terminal Manager 44 Intermodal West Edmonton Terminal Edmonton, Alberta Terminal Supervisor Intermodal West Vancouver Intermodal Facility Coquitlam, British Columbia Terminal Manager Progress Rail Winnipeg, Manitoba Winnipeg Car Shop Winnipeg, Manitoba Service Area Manager Winnipeg Locomotive Shop Winnipeg, Manitoba Service Area Manager Logan Work Equipment Repair Shop Winnipeg, Manitoba Shop Manager Chemetron Railway Products Transcona Welding Facility Winnipeg, Manitoba Engineering Alstom Shops Calgary, Alberta Alberta Service Area Calgary, Alberta Alyth Diesel Shop Process Manager Alyth Car Shop Process Manager Alberta Service Area Lethbridge, Alberta Mechanical BC Interior Service Area Golden, British Columbia Service Area Manager Mechanical Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Yard Manager Field Operations Engineering 55 Vancouver Service Area Port Coquitlam, British Columbia Coquitlam Locomotive Facility Service Area Manager Mechanical Vancouver Service Area Port Coquitlam, British Columbia Coquitlam Car Facility Production Manager Mechanical Engineering Eastern Region Montreal, Quebec Police Services Superintendent Eastern Region Toronto, Ontario Police Services Sergeant Western Region Winnipeg, Manitoba Police Services Sergeant Western Region Calgary, Alberta Police Services Superintendent Western Region Vancouver, British Columbia Police Services Inspector Granville Square Vancouver, British Columbia Real Estate Freight Claims Supply Services Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Commercial Human Resources Administration 63 Windsor Station Montreal, Quebec Vice President Expressway Regional Manager Real Estate Director Communications and Public Affairs Manager Facilities East Manager Facility and Leasing Police Services Human Resources General Manager Network Management Centre Safety and Regulatory Affairs Commercial Development Legal Services General Yard Office Toronto, Ontario Service Area Manager Field Operations Service Area Manager Engineering Services Service Area Manager Mechanical Services Manager Track Programs Manager Signals and Communication Safety and Regulatory Affairs Commercial Police Services Administration Montreal Service Area Montreal, Quebec Service Area Manager Field Operations Administration Safety and Regulatory Affairs Montreal Service Area Montreal, Quebec Service Area Manager Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Mechanical Administration 67 Montreal Service Area Montreal, Quebec Service Area Manager Engineering Administration Montreal Service Area Smiths Falls, Ontario Manager Road Operations Field Operations Engineering Administration Southern Ontario Service Area Toronto, Ontario Manager Road Operations Manager Yard Operations Field Operations Administration Southern Ontario Service Area Toronto, Ontario Car Shop Service Area Manager Mechanical Southern Ontario Service Area Toronto, Ontario Diesel Shop Service Area Manager Mechanical Administration Southern Ontario Service Area Toronto, Ontario Service Area Manager Engineering Administration Southern Ontario Service Area London, Ontario Manager Road Operations Field Operations Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Engineering Administration 74 Southern Ontario Service Area Windsor, Ontario Manager Road Operations Field Operations Mechanical Engineering Administration PART II Canadian National Railway Company Industrial Establishments 1 CN System Headquarters, Montreal, Quebec President Executive Vice-President Vice-President and Secretary Assistant Vice-President Marketing Vice-President Sales Vice-President Transportation and Maintenance General Manager, Passenger Sales and Service Vice-President Cybernetic Services Vice-President Personnel and Labour Relations Vice-President Public Relations Vice-President and General Counsel Chief Medical Officer Director of Investigation Atlantic Operating Region, Moncton, New Brunswick Regional Vice-President General Manager Superintendent Customer and Catering Services Manager, Customer and Research Services Regional Passenger Sales Manager Regional Freight Sales Manager Regional Engineer Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I General Superintendent Equipment General Superintendent Transportation Manager Merchandise Claims Manager Employee Relations 3 St. Lawrence Operating Region, Montreal, Quebec Regional Vice-President General Manager Superintendent Customer and Catering Services Manager, Customer Research Services Regional Passenger Sales Manager Regional Freight Sales Manager Regional Engineer General Superintendent Equipment General Superintendent Transportation Manager Merchandise Claims Manager Employee Relations Great Lakes Operating Region, Toronto, Ontario Regional Vice-President General Manager Superintendent Customer and Catering Services Manager, Customer Research Services Regional Passenger Sales Manager Regional Freight Sales Manager Regional Engineer General Superintendent Equipment General Superintendent Transportation Manager Merchandise Claims Manager Employee Relations Prairie Operating Region, Winnipeg, Manitoba Regional Vice-President General Manager Superintendent Customer and Catering Services Manager, Customer Research Services Regional Passenger Sales Manager Regional Freight Sales Manager Regional Engineer General Superintendent Equipment General Superintendent Transportation Manager Merchandise Claims Manager Employee Relations Mountain Operating Region, Edmonton, Alberta Regional Vice-President General Manager Superintendent Customer and Catering Services Manager, Customer Research Services Regional Passenger Sales Manager Regional Freight Sales Manager Regional Engineer General Superintendent Equipment General Superintendent Transportation Manager Merchandise Claims Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Manager Employee Relations 7 Newfoundland Operating Area, St. John’s, Newfoundland Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Maritime Operating Area, Moncton, Brunswick Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Chaleur Operating Area, Campbellton, New Brunswick Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Quebec Operating Area, Quebec City, Quebec Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Montreal Operating Area, Montreal, Quebec Area Manager Operations Manager Current to June 20, 2022 Last amended on June 2, 2022 New Canada Labour Standards Regulations SCHEDULE I Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer 12 Champlain Operating Area, Montreal, Quebec Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Rideau Operating Area, Belleville, Ontario Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Toronto Operating Area, Toronto, Ontario Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer South Western Ontario Operating Area, London, Ontario Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Area Engineer 16 Northern Ontario Operating Area, Capreol, Ontario Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Assiniboine-Lakehead Operating Area, Winnipeg, Manitoba Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Hudson Bay Operating Area, Dauphin, Manitoba Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Saskatchewan Operating Area, Saskatchewan Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer Alberta Operating Area, Edmonton, Alberta Area Manager Operations Manager Current to June 20, 2022 Last amended on June 2, 2022 Saskatoon, Canada Labour Standards Regulations SCHEDULE I Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer 21 British Columbia Operating Area, Vancouver, British Columbia Area Manager Operations Manager Employee Relations Supervisor Area Comptroller Office Supervisor Area Passenger Sales Manager Area Freight Sales Manager Superintendent Transportation Superintendent Equipment Area Engineer CN Headquarters Telecommunications, Toronto, Ontario General Manager Purchases and Stores Department — System Purchasing and Stores — Atlantic Region Purchasing Agent Regional Manager — Materials Purchasing and Stores — St. Lawrence Region Purchasing Agent Regional Manager — Materials Purchasing and Stores — Great Lakes Region Purchasing Agent Regional Manager — Materials Purchasing and Stores — Prairie Region Purchasing Agent Regional Manager — Materials Purchasing and Stores — Mountain Region Purchasing Agent Regional Manager — Materials Main Equipment Shops — Montreal, Quebec General Works Manager Works Manager Assistant Works Manager — Car Assistant Works Manager — Motive Power Main Equipment Shops — Winnipeg, Manitoba General Works Manager Works Manager Assistant Works Manager — Car Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Assistant Works Manager — Motive Power 30 Accounting System Vice-President Accounting and Finance, Montreal, Quebec Region Regional Comptroller PART III Via Rail Canada Inc. Industrial Establishments 1 Corporate Headquarters 2 Place Ville-Marie Montreal, Quebec Chairman’s office President’s office Public Affairs General Counsel (Health and Safety Claims and Other Claims) Internal Audit Corporate Secretariat Marketing Human Resources and Administration Customer Services Transportation Planning and Finance (including Corporate Comptroller) Information Services Equipment Maintenance VIA Quebec (includes Ottawa, Ontario) Public Affairs General Counsel (Health and Safety Claims and Other Claims) Marketing Human Resources and Administration Customer Services Transportation (including Running Trades) VIA Atlantic — Nova Scotia, New Brunswick and Prince Edward Island Public Affairs General Counsel (Health and Safety Claims and Other Claims) Marketing Human Resources and Administration Customer Services Transportation (including Running Trades) Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I VIA Ontario (excludes Ottawa, Ontario) Public Affairs General Counsel (Health and Safety Claims and Other Claims) Marketing Human Resources and Administration Customer Services Transportation (including Running Trades) VIA West — Thunder Bay and West of Thunder Bay Public Affairs General Counsel (Health and Safety Claims and Other Claims) Marketing Human Resources and Administration Customer Services Transportation (including Running Trades) Maintenance — Halifax Halifax Maintenance Centre Equipment Maintenance Department Line points — Gaspé and Matapedia Maintenance — Montreal Montreal Maintenance Centre Equipment Maintenance Department Line points — Mont-Joli, Quebec City and Ottawa Maintenance — Toronto Toronto Maintenance Centre Equipment Maintenance Department Line points — Windsor, Sarnia, London and Union Station Maintenance — Winnipeg Winnipeg Maintenance Centre Equipment Maintenance Department Line points — The Pas, Manitoba and Churchill, Manitoba Maintenance — Vancouver Vancouver Maintenance Centre Equipment Maintenance Department Line points — Prince Rupert, British Columbia and Jasper, Alberta Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I PART IV Air Canada Industrial Establishments 1 Corporate Headquarters Chairman President Secretary of the Company Law Finance and Planning Marketing, Sales and Service Operations and Services Corporate & Human Resources Flight Operations In-Flight Service Technical Operations Administrative Support Staff Finance Marketing and Sales In-Flight Service Flight Operations Information Services Sales & Service; Cargo — Eastern Region (Quebec and East, including Ottawa) Sales & Service; Cargo — Central Region (Ontario up to Thunder Bay) Sales & Service; Cargo — Western Region (Thunder Bay and West) Sales & Service/Passenger — Eastern Region (Quebec and East including Ottawa) Sales & Service/Passenger — Central Region (Ontario up to Thunder Bay) Sales & Service/Passenger — Western Region (Thunder Bay and West) Maintenance — Montreal, Halifax, Quebec City, Ottawa Maintenance — Toronto Maintenance — Winnipeg Maintenance — Vancouver, Calgary, Edmonton Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I PART V [Repealed, SOR/2014-305, s. 10] PART VI Bell Canada Industrial Establishments 1 Bell Canada Ontario Region Centre – Area Code 416 (Toronto Excluded) Craft Employees (CEP) Bell Canada Ontario Region Centre – Area Code 416 (Toronto Excluded) Clerical & Associated Employees and Sales (CTEA) Bell Canada Ontario Region Centre – Area Code 416 (Toronto Excluded) Management Employees Bell Canada Ontario Region Metro Toronto – Area Code 416 Craft Employees (CEP) Bell Canada Ontario Region Metro Toronto – Area Code 416 Clerical & Associated Employees and Sales (CTEA) Bell Canada Ontario Region Metro Toronto – Area Code 416 Management Employees Bell Canada Ontario Region South West – Area Code 519 Craft Employees (CEP) Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Bell Canada Ontario Region South West – Area Code 519 Clerical & Associated Employees and Sales (CTEA) Bell Canada Ontario Region South West – Area Code 519 Management Employees Bell Canada Ontario Region East – Area Code 613 Craft Employees (CEP) Bell Canada Ontario Region East – Area Code 613 Clerical & Associated Employees and Sales (CTEA) Bell Canada Ontario Region East – Area Code 613 Management Employees Bell Canada Ontario Region North – Area Codes 705 & 807 Craft Employees (CEP) Bell Canada Ontario Region North – Area Codes 705 & 807 Clerical & Associated Employees and Sales (CTEA) Bell Canada Ontario Region North – Area Codes 705 & 807 Management Employees Bell Canada Ontario Region Centre – Area Code 905 Craft Employees (CEP) Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Bell Canada Ontario Region Centre – Area Code 905 Clerical & Associated Employees and Sales (CTEA) Bell Canada Ontario Region Centre – Area Code 905 Management Employees Bell Canada Ontario Region (Quebec — Operational Groups) All Area Codes Craft & Operator Services Employees (CEP) Clerical & Associated Employees and Sales (CTEA) Management Employees Corporate Centre Ontario Region Centre – Area Code 416 (Toronto Included) Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees Corporate Centre Ontario Region South West, East and Centre – Area Codes 519, 613 & 905 Clerical & Associated Employees (CTEA) Management Employees Network Operations Ontario Region Centre – Area Code 416 (Toronto Included) Craft Employees (CEP) Network Operations Ontario Region Centre – Area Code 416 (Toronto Included) Clerical & Associated Employees (CTEA) Network Operations Ontario Region Centre – Area Code 416 (Toronto Included) Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Management Employees 25 Network Operations Ontario Region South West – Area Code 519 Craft Employees (CEP) Network Operations Ontario Region South West – Area Code 519 Clerical & Associated Employees (CTEA) Network Operations Ontario Region South West – Area Code 519 Management Employees Network Operations Ontario Region North – Area Codes 705 & 807 Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees Network Operations Ontario Region East – Area Code 613 Craft Employees (CEP) Network Operations Ontario Region East – Area Code 613 Clerical & Associated Employees (CTEA) Network Operations Ontario Region East – Area Code 613 Management Employees Network Operations Ontario Region Centre – Area Code 905 Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees Bell Canada Quebec Region (Ontario — Operational Groups) Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I All Area Codes Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees 34 Bell Canada Quebec Region East – West – North – Area Codes 819 & 418 Craft Employees (CEP) Bell Canada Quebec Region East – West – North – Area Codes 819 & 418 Clerical & Associated Employees and Sales (CTEA) Bell Canada Quebec Region East – West – North – Area Codes 819 & 418 Management Employees Bell Canada Quebec Region Metro (Montreal Excluded) – Area Code 450 Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees Bell Canada Quebec Region Montreal – Area Code 514 Craft & Operator Services Employees (CEP) Bell Canada Quebec Region Montreal – Area Code 514 Clerical & Associated Employees and Sales (CTEA) Bell Canada Quebec Region Montreal – Area Code 514 Management Employees Corporate Centre Quebec Region All Area Codes Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Craft Employees (CEP) Clerical Employees (CTEA) 42 Corporate Centre Quebec Region All Area Codes Management Employees Network Operations Quebec Region East – West – North – Area Codes 819 & 418 Craft Employees (CEP) Network Operations Quebec Region East – West – North – Area Codes 819 & 418 Clerical Employees (CTEA) Management Employees Network Operations Quebec Region Metro (Montreal Excluded) – Area Code 450 Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees Network Operations Quebec Region Montreal – Area Code 514 Craft Employees (CEP) Network Operations Quebec Region Montreal – Area Code 514 Clerical & Associated Employees (CTEA) Network Operations Quebec Region Montreal – Area Code 514 Management Employees Bell Canada Western Region Calgary Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE I Bell Canada Western Region Vancouver Craft Employees (CEP) Clerical & Associated Employees (CTEA) Management Employees SOR/79-309, s. 7; SOR/89-118, s. 1; SOR/89-464, s. 1; SOR/91-461, s. 36; SOR/94-668, s. 13; SOR/99-337, s. 2; SOR/2006-231, ss. 3, 4; SOR/2014-305, ss. 7, 8(F), 9(F), 10; SOR/ 2019-168, s. 11(F). Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE II Notice Related to the Canada Labour Code — Part III SCHEDULE II (Subsection 25(2)) Notice Related to the Canada Labour Code — Part III Part III of the Canada Labour Code contains provisions setting out minimum labour standards for employers and employees in the federal jurisdiction. These provisions include standards relating to the following: Hours of work Maximum hours of work Weekly day of rest Notice of work schedule Notice of shift changes Overtime pay or time off Right to refuse overtime Right to request flexible work arrangements Minimum wages Equal wages Annual vacations General holidays Multi-employer employment Maternity-related reassignment and leave Maternity leave Parental leave Compassionate care leave Leave related to critical illness Leave related to death or disappearance Personal leave Leave for victims of family violence Leave for traditional Aboriginal practices Bereavement leave Sick leave Work-related illness and injury Leave of absence for members of the reserve force Group termination of employment Individual termination of employment Severance pay Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE II Notice Related to the Canada Labour Code — Part III Unjust dismissal Long-term disability plans Genetic testing Garnishment of wages Payment of wages For more information concerning these provisions, please contact your nearest Labour Program office of the Department of Employment and Social Development or visit the following website: https://www.canada.ca/en/employment-social-develop ment/programs/employment-standards/federal-stan dards.html All inquiries will be treated confidentially. SOR/91-461, s. 36; SOR/94-668, s. 14; SOR/2006-231, s. 5; SOR/2009-194, s. 4; 2013, c. 40, s. 237; SOR/2014-305, s. 11; SOR/2019-168, s. 12; SOR/2020-130, s. 38. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE III Notice of Modified Work Schedule SCHEDULE III (Sections 4 and 5) Notice of Modified Work Schedule (a) Name of employer: (b) An identification of the affected employee or employees: (c) Address or location of workplace: (d) Hours of work in each work day: In each work week : (The number of hours in a work day and in a work week may be specified by attaching the work schedule of the affected employee or employees.) (e) Number of work days in the work schedule: (f) Number of weeks in the work schedule: (g) Number of days of rest in the work schedule: (h) Where one or more general holidays occur in a week, the weekly standard hours shall be reduced by: (i) [Repealed, SOR/2014-305, s. 12] (j) The maximum number of hours that may be worked: in a week in a work schedule (k) The method of calculating general holiday pay is: (l) Date the work schedule comes into effect: / (m) Date the work schedule expires: / / (n) Date the notice was posted: / / / Note: 1 Any hours worked in excess of the daily hours of work set out in paragraph (d) and in excess of a weekly average of 40 hours over the work schedule are payable at the overtime rate. 2 This work schedule is posted in accordance with subsections 170(2) and (3) and 172(2) and (3) of the Canada Labour Code. These provisions require that notice of the proposed work schedule be posted for at least 30 days prior to its coming into effect and that the affected employee or at least 70% of affected employees, as the case may Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE III Notice of Modified Work Schedule be, approve the schedule. Section 5 of the Canada Labour Standards Regulations requires that details of the modified work schedule be posted and kept posted as long as the work schedule is in effect. SOR/94-668, s. 15; SOR/2014-305, ss. 12, 13; SOR/2019-168, s. 13. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE IV Notice of Averaging of Hours of Work SCHEDULE IV (Section 6) Notice of Averaging of Hours of Work (a) Name of employer: (b) An identification of the affected employee or employees: (c) Address or location of workplace: (d) Number of weeks in the averaging period: (e) Information to establish that there is an irregular distribution of hours of work that is necessitated by the nature of the work in the industrial establishment: (f) Reasons for the length of the averaging period: (g) Date the averaging of hours of work comes into ef/ / fect: (h) Date the averaging of hours of work ends: / (i) Date the notice was posted: / / / Note: This notice is posted in accordance with section 6 of the Canada Labour Standards Regulations, which requires that the employer notify the affected employee or employees of details of the averaging of hours of work at least 30 days before the averaging takes effect and that the information contained in this notice remain posted for the duration of the averaging of hours of work. SOR/94-668, s. 15; SOR/2019-168, s. 14. Current to June 20, 2022 Last amended on June 2, 2022 Canada Labour Standards Regulations SCHEDULE V SCHEDULE V [Repealed, SOR/99-337, s. 3] Current to June 20, 2022 Last amended on June 2, 2022
CONSOLIDATION Certain Goods Remission Order (COVID-19) [Repealed, SOR/2022-78, s. 1] Current to June 20, 2022 Last amended on May 7, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 7, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 7, 2022 TABLE OF PROVISIONS Certain Goods Remission Order (COVID-19) Current to June 20, 2022 Last amended on May 7, 2022 ii
CONSOLIDATION Cigarette Ignition Propensity (Consumer Products) Regulations SOR/2016-103 Current to June 20, 2022 Last amended on November 17, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 17, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 17, 2016 TABLE OF PROVISIONS Cigarette Ignition Propensity (Consumer Products) Regulations Interpretation 1 Definition of cigarette Application 2 Non-application Ignition Propensity Standard 3 Standard Coming Into Force *4 180 days after registration Current to June 20, 2022 Last amended on November 17, 2016 ii Registration SOR/2016-103 May 20, 2016 CANADA CONSUMER PRODUCT SAFETY ACT Cigarette Ignition Propensity (Consumer Products) Regulations P.C. 2016-369 May 20, 2016 His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety Acta, makes the annexed Cigarette Ignition Propensity (Consumer Products) Regulations. a S.C. 2010, c. 21 Current to June 20, 2022 Last amended on November 17, 2016 Cigarette Ignition Propensity (Consumer Products) Regulations Interpretation Definition of cigarette 1 In these Regulations, cigarette means any roll or tubular construction that contains tobacco, has a wrapper or cover made of paper and is consumed through the inhalation of the products of combustion. It does not include a bidi, cigar, little cigar or kretek. Application Non-application 2 These Regulations do not apply to cigarettes that are imported by an organization for (a) research; or (b) laboratory testing or analysis. Ignition Propensity Standard Standard 3 (1) Cigarettes of every size of each brand must burn their full length no more than 25% of the time when tested on 10 layers of filter paper using the International Organization for Standardization standard ISO 12863, entitled Standard test method for assessing the ignition propensity of cigarettes (ISO 12863), as amended from time to time. Testing (2) In each test, the cigarettes that are burned in every determination must be of the same size and of the same brand. Definition of determination (3) For the purpose of this section, determination has the same meaning as in ISO 12863. Current to June 20, 2022 Last amended on November 17, 2016 Cigarette Ignition Propensity (Consumer Products) Regulations Coming Into Force Section 4 Coming Into Force 180 days after registration 4 These Regulations come into force 180 days after the day on which they are registered. * * [Note: Regulations in force November 17, 2016.] Current to June 20, 2022 Last amended on November 17, 2016
CONSOLIDATION Controlled Products Regulations [Repealed, SOR/2015-17, s. 21] Current to June 20, 2022 Last amended on February 11, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 11, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 11, 2015 TABLE OF PROVISIONS Regulations Respecting Controlled Products Current to June 20, 2022 Last amended on February 11, 2015 ii
CONSOLIDATION Canadian Charter of Rights and Freedoms Examination Regulations SOR/85-781 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Examination of Bills and Regulations Pursuant to the Department of Justice Act 1 Short Title Interpretation Examination of Bills Examination of Regulations Report of the Minister Current to June 20, 2022 ii Registration SOR/85-781 August 14, 1985 DEPARTMENT OF JUSTICE ACT Canadian Charter of Examination Regulations P.C. 1985-2561 Rights and Freedoms August 13, 1985 Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 4.1* of the Department of Justice Act, is pleased hereby to make the annexed Regulations respecting the examination of Bills and regulations pursuant to the Department of Justice Act. * S.C. 1985, c. 26, s. 106 Current to June 20, 2022 Regulations Respecting the Examination of Bills and Regulations Pursuant to the Department of Justice Act Short Title 1 These Regulations may be cited as the Canadian Charter of Rights and Freedoms Examination Regulations. Interpretation 2 In these Regulations, Minister means the Minister of Justice. Examination of Bills 3 In the case of every Bill introduced in or presented to the House of Commons by a Minister of the Crown, the Minister shall, forthwith on receipt of two copies of the Bill from the Clerk of the House of Commons, (a) examine the Bill in order to determine whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms, and (b) cause to be affixed to each of the copies thereof so received from the Clerk of the House of Commons a certificate, in a form approved by the Minister and signed by the Deputy Minister of Justice, stating that the Bill has been examined as required by section 4.1 of the Department of Justice Act, and one each of the copies thereof so certified shall thereupon be transmitted to the Clerk of the House of Commons and the Clerk of the Privy Council. Examination of Regulations 4 The Clerk of the Privy Council shall, on receipt of a regulation transmitted to him for registration pursuant to the Statutory Instruments Act but not examined as a proposed regulation in accordance with section 3 of that Act, forward a copy thereof to the Minister. Current to June 20, 2022 Canadian Charter of Rights and Freedoms Examination Regulations Examination of Regulations Sections 5-7 5 The Minister shall, forthwith on receipt of a copy of a regulation forwarded to him by the Clerk of the Privy Council pursuant to section 4, (a) examine the regulation in order to determine whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and (b) cause to be affixed to the copy thereof so received from the Clerk of the Privy Council a certificate, in a form approved by the Minister and signed by the Deputy Minister of Justice, stating that the regulation has been examined as required by section 4.1 of the Department of Justice Act, and the copy so certified shall thereupon be returned to the Clerk of the Privy Council. Report of the Minister 6 Where any of the provisions of any Bill examined by the Minister pursuant to section 3 or any of the provisions of any regulation examined by him pursuant to section 5 are ascertained by the Minister to be inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms, the Minister shall make a report in writing of the inconsistency and shall cause such report to be deposited with the Clerk of the House of Commons in accordance with the Standing Orders of the House of Commons at the earliest convenient opportunity. SOR/86-42, s. 1. 7 A copy of every report made by the Minister pursuant to section 6 shall, where such report relates to a regulation, be transmitted to the Clerk of the Privy Council forthwith on the making thereof. Current to June 20, 2022
CONSOLIDATION Cruiser Remission Order SI/78-57 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Respecting Remission of Customs Duties and Sales Tax on certain Pleasure Cruisers 1 Short Title Interpretation Remission of Customs Duties Election of Initial Production Period Remission of Sales Tax Bond Reports Current to June 20, 2022 ii Registration SI/78-57 April 12, 1978 FINANCIAL ADMINISTRATION ACT Cruiser Remission Order P.C. 1978-842 March 23, 1978 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance and the Treasury Board, pursuant to section 17 of the Financial Administration Act, is pleased hereby to make the annexed Order respecting the remission of Customs duty and sales tax on certain pleasure cruisers. Current to June 20, 2022 Order Respecting Remission of Customs Duties and Sales Tax on certain Pleasure Cruisers Short Title 1 This Order may be cited as the Cruiser Remission Order. Interpretation 2 In this Order, base year means (a) in the case of a class A manufacturer, the calendar year 1969, and (b) in the case of a class B manufacturer, the calendar year immediately prior to the calendar year for which remission is first claimed under this Order; (année de base) Canadian value added in boats means the factory cost of production of (a) water-borne pleasure craft, other than cruisers, and (b) hulls and parts for water-borne pleasure craft, other than cruisers produced by a manufacturer in Canada for sale, minus (c) the cost, other than any cost set out in paragraph (d), of any imported parts and materials used in the production of the craft, hulls and parts, and (d) the cost of duty, freight and insurance and any other cost incurred in transporting the imported parts and materials from the point of their shipment to the customs office where the goods are reported; (valeur canadienne ajoutée dans le cas des bateaux) Canadian value added in cruisers means the factory cost of production of cruisers and of hulls and parts for cruisers produced by a manufacturer in Canada for sale minus (a) the cost, other than any cost set out in paragraph (b), of any imported parts and materials used in the Current to June 20, 2022 Cruiser Remission Order Interpretation Section 2 production of cruisers or of hulls and parts for cruisers, and (b) the cost of duty, freight and insurance and any other cost incurred in transporting the imported parts and materials from the point of their shipment to the frontier port; (valeur canadienne ajoutée dans le cas des yachts de croisière) class A manufacturer means a manufacturer who produced cruisers in Canada during the calendar year 1969; (fabricant de la catégorie A) class B manufacturer means a manufacturer who did not produce cruisers in Canada during the calendar year 1969 and who produced water-borne pleasure craft in Canada subsequent to the calendar year 1976; (fabricant de la catégorie B) cruiser means a water-borne pleasure craft, other than a houseboat, not equipped with or designed to be equipped with sails, that is (a) 25 feet or more in overall length, and (b) equipped with or designed to be equipped with one or more inboard motors; (yachts de croisière) factory cost of production means the aggregate of the following costs to the manufacturer reasonably attributable to his production of water-borne pleasure craft and of hulls and parts for water-borne pleasure craft, namely, (a) the cost of parts and materials, (b) the transportation costs, including insurance charges, incurred in transporting parts and materials from a supplier to the factory in Canada of the manufacturer to the extent that such costs are not included under paragraph (a), (c) the wages paid for direct production labour, (d) administrative and general expenses, and (e) the manufacturer's overhead expenses for his factory in Canada; (coût de production) frontier port [Revoked, SI/88-17, s. 2] initial production period means, in respect of a class B manufacturer, the three consecutive calendar years immediately following that manufacturer's base year; (période initiale de production) Current to June 20, 2022 Cruiser Remission Order Interpretation Sections 2-3 Minister means the Minister of National Revenue; (ministre) warehouse has the same meaning as in the Customs Act. (entrepôt) SI/88-17, s. 2. 3 (1) In this Order "manufacturer's overhead expenses for his factory in Canada" means, subject to subsection (2), the aggregate of (a) such part of the following costs to the manufacturer as is reasonably attributable to the production by the manufacturer of water-borne pleasure craft and of hulls and parts for water-borne pleasure craft, namely, (i) light, heat, power and water, (ii) materials used in the production operation but not incorporated in the final product, (iii) workmen's compensation, unemployment insurance and group insurance premiums, pension contributions and similar expenses, (iv) taxes on land and buildings in Canada, (v) rent for factory premises, (vi) fire and other insurance premiums in respect of production inventories and the manufacturer's factory and its equipment, (vii) maintenance and repairs to buildings, machinery and equipment, (viii) tools, jigs, dies, fixtures and other similar plant equipment of a non-permanent character, (ix) engineering services, experimental work and product development work executed in Canada, (x) indirect and non-production labour, and (xi) miscellaneous factory expenses; and (b) a capital cost allowance of 10 per cent per annum on the cost of buildings, machinery and equipment used by the manufacturer and reasonably required by the manufacturer in the production of water-borne pleasure craft and of hulls and parts for water-borne pleasure craft. (2) A manufacturer's overhead expenses for his factory in Canada in respect of water-borne pleasure craft and Current to June 20, 2022 Cruiser Remission Order Interpretation Sections 3-4 hulls and parts for water-borne pleasure craft shall not include the following: (a) the payment of any royalty or any payment analogous to a royalty; (b) the payment of any amount by a manufacturer as a result of a warranty given by the manufacturer; or (c) any expenses incurred by the manufacturer in respect of the advertising for sale or the sale of waterborne pleasure craft or hulls and parts for the waterborne pleasure craft. Remission of Customs Duties 4 Subject to sections 6 and 10, remission is hereby granted of the customs duties paid or payable under the Customs Tariff in respect of cruisers imported or taken out of warehouse by or on behalf of (a) a class A manufacturer in each calendar year subsequent to December 31, 1976, or (b) a class B manufacturer, other than a class B manufacturer referred to in section 5, in each calendar year subsequent to his base year, the aggregate of the value for duty of which does not exceed the amount by which the sum of (c) the manufacturer's Canadian value added in cruisers in the calendar year for which the remission is claimed, and (d) the lesser of (i) the manufacturer's Canadian value added in boats in that calendar year, and (ii) the manufacturer's Canadian value added in boats in his base year exceeds the sum of the manufacturer's (e) Canadian value added in boats, and (f) Canadian value added in cruisers, in his base year. SI/88-17, s. 2. Current to June 20, 2022 Cruiser Remission Order Remission of Customs Duties Sections 5-6 5 (1) Subject to subsection (2) and sections 7 and 10, on the election of a class B manufacturer pursuant to section 7, remission is hereby granted to that manufacturer of the customs duties paid or payable under the Customs Tariff in respect of cruisers imported or taken out of warehouse prior to January 1, 1998 by the manufacturer or on the manufacturer's behalf during the initial production period, the aggregate of the value for duty of which does not exceed the amount by which the sum of (a) the manufacturer's Canadian value added in cruisers in the initial production period, and (b) the lesser of (i) the manufacturer's Canadian value added in boats in the initial production period, and (ii) three times the sum of the manufacturer's Canadian value added in boats in his base year exceeds three times the sum of the manufacturer's (c) Canadian value added in boats, and (d) Canadian value added in cruisers, in his base year. (2) Where at any time in any year during the initial production period the aggregate value of cruisers imported or taken out of warehouse for which remission may be granted pursuant to subsection (1) exceeds one-third of the amount of the aggregate value for duty on which remission would, but for this subsection, be granted pursuant to subsection (1), no remission shall be granted in respect of such cruisers imported or taken out of warehouse during the balance of that year. SI/88-17, s. 2; SI/98-6, s. 7. 6 (1) No remission shall be granted to a class A manufacturer pursuant to section 4 unless a claim for remission is made by the manufacturer within three years following the calendar year for which remission is claimed. (2) No remission shall be granted to a class B manufacturer (a) pursuant to section 4, unless a claim for remission is made by the manufacturer within three years following the calendar year for which remission is claimed; or Current to June 20, 2022 Cruiser Remission Order Remission of Customs Duties Sections 6-9 (b) pursuant to section 5, unless the manufacturer makes an election pursuant to section 7 and a claim for remission is made by the manufacturer during the initial production period for that manufacturer. Election of Initial Production Period 7 (1) No remission shall be granted pursuant to section 5 to a class B manufacturer unless, prior to the expiration of the manufacturer's initial production period, the manufacturer makes an election in writing addressed to the Minister electing to claim remission for the initial production period. (2) An election made pursuant to subsection (1) may be withdrawn by a class B manufacturer by a notice in writing to that effect, addressed to the Minister, at any time before the expiry of that manufacturer's initial production period. (3) Where an election is withdrawn by a class B manufacturer pursuant to subsection (2), remission shall be determined pursuant to section 4 for each calendar year of the initial production period. SOR/85-113, s. 1. Remission of Sales Tax 8 Remission is hereby granted of the sales tax paid or payable under the Excise Tax Act on each cruiser for which customs duties are remitted by this Order in an amount equal to the difference between the sales tax calculated on the duty paid value of the cruiser and the sales tax calculated on the value for duty of the cruiser. SI/88-17, s. 2(E). Bond 9 (1) As a condition precedent to any remission granted pursuant to sections 4 and 8, where duty and sales tax (a) have been paid and the remission is granted in the calendar year for which it is claimed, or (b) have not been paid and the remission is applied for in the calendar year for which it is claimed, a class A manufacturer or a class B manufacturer shall, for each calendar year for which he claims remission and to ensure the performance by him of the conditions on which remission is granted under this Order, give to the Minister a guaranteed bond or other security in an Current to June 20, 2022 Cruiser Remission Order Bond Sections 9-10 amount estimated by the Minister, to be equal to the customs duties and sales tax payable on the imported goods referred to in sections 4 and 8, or $250,000, whichever is the lesser. (2) As a condition precedent to any remission granted pursuant to sections 5 and 8, a class B manufacturer shall, for the initial production period for which he claims remission and to ensure the performance by him of the conditions on which remission is granted under this Order, give to the Minister a guaranteed bond or other security in an amount estimated by the Minister to be equal to the customs duties and sales tax payable on the imported goods referred to in sections 5 and 8, or $500,000, whichever is the lesser. SI/82-33, s. 1; SI/88-17, s. 2(E). Reports 10 A class A manufacturer and a class B manufacturer shall submit to the Minister as a condition of any remission granted under this Order such reports and other information as may be required by the Minister for the due administration of this Order. Current to June 20, 2022
CONSOLIDATION Customs Duties Accelerated Reduction Order, No. 6 [Repealed, SOR/2020-159, s. 1] Current to June 20, 2022 Last amended on July 1, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2020 TABLE OF PROVISIONS Order Respecting the Accelerated Reduction or Removal of Certain Customs Duties under the Customs Tariff as a Consequence of Concessions Granted Pursuant to the Canada-United States Free Trade Agreement Current to June 20, 2022 Last amended on July 1, 2020 ii
CONSOLIDATION CCFTA Rules of Origin for Casual Goods Regulations SOR/97-323 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS CCFTA Rules of Origin for Casual Goods Regulations Interpretation Casual Goods *3 Coming into Force Current to June 20, 2022 ii Registration SOR/97-323 July 5, 1997 CUSTOMS TARIFF CCFTA Rules of Origin for Casual Goods Regulations P.C. 1997-954 July 4, 1997 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 13(2)a of the Customs Tariffb, hereby makes the annexed CCFTA Rules of Origin for Casual Goods Regulations. a S.C. 1994, c. 47, s. 75(1) b R.S., c. 41 (3rd Supp.) Current to June 20, 2022 CCFTA Rules of Origin for Casual Goods Regulations Interpretation 1 In these Regulations, casual goods means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use. Casual Goods 2 Casual goods that are acquired in Chile are deemed to originate in Chile and are entitled to the benefit of the Chile Tariff if (a) the marking of the goods is in accordance with the marking laws of Chile and indicates that the goods are the product of Chile or Canada; or (b) the goods do not bear a mark and there is no evidence to indicate that the goods are not the product of Chile or Canada. Coming into Force 3 These Regulations come into force on the day on which section 9 of the Canada-Chile Free Trade Agreement Implementation Act, chapter 14 of the Statutes of Canada, 1997, comes into force. * * [Note: Regulations in force July 5, 1997, see SI/97-86.] Current to June 20, 2022
CONSOLIDATION Canada Oil and Gas Installations Regulations SOR/96-118 Current to June 20, 2022 Last amended on October 6, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on October 6, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on October 6, 2020 TABLE OF PROVISIONS Regulations Respecting Oil and Gas Installations Used in Areas of Canada Under the Canada Oil and Gas Operations Act 1 Short Title Interpretation PART I General Requirements 3 General Quality Assurance Helicopter Deck Facilities for Inspection and Maintenance Secondary Structures and Fittings Arrangements of Materials and Equipment Access to Hazardous Areas Ventilation of Hazardous Areas General Electrical Standards Emergency Electrical Power Mechanical Equipment Winterization Corrosion Protection Cranes Gas Release System Emergency Shutdown System Escape Routes Protection Against Impact Offshore Current to June 20, 2022 Last amended on October 6, 2020 ii Canada Oil and Gas Installations Regulations TABLE OF PROVISIONS Navigational Equipment Lifesaving Equipment for Offshore Installations Passive Fire and Blast Protection Offshore Fire Hydrant Systems Water Deluge and Water Monitor Systems in Areas with Petroleum General Requirements for Fire Pump Systems and Water Mains Sprinkler System in Accommodation Areas Fire-extinguishing Systems in Machinery and Flammable Liquid Storage Spaces Fire Extinguishers Firefighting Equipment Automatic Fire Detection Systems Gas Detection Systems Alarm Panels and Signals General Alarm System Piping Systems Communication Systems PART II Analysis and Design 37 General Design Considerations Design of Offshore Installations Design of Offshore Platforms Design of Onshore Installations Offshore Analyses Current to June 20, 2022 Last amended on October 6, 2020 iv Canada Oil and Gas Installations Regulations TABLE OF PROVISIONS Innovations for Offshore Installations Removal and Abandonment of Fixed Offshore Production Installations Concept Safety Analysis for Offshore Production Installations Offshore Environmental Criteria and Loads Offshore Site Investigations Geotechnical Parameters for the Offshore Soil Deformation Offshore Erosion Offshore Materials for Offshore Installations Air Gap and Freeboard Offshore Load Measuring System Gravity-Base, Fill, Fill-Retention and Selfelevating Platforms in the Offshore Pile Foundations Structural Strength of Mobile Offshore Platforms Motion Response Characteristics Stability of Mobile Offshore Platforms Ballast and Bilge Systems Watertight Integrity of Floating Platforms Mooring Dynamic Positioning Subsea Production Systems Current to June 20, 2022 Last amended on October 6, 2020 v Canada Oil and Gas Installations Regulations TABLE OF PROVISIONS PART III Construction and Installation Offshore 63 General PART IV Operations and Maintenance Offshore 64 Manual, Plans and Programs for Offshore Installations Repair, Replacement and Modification of Offshore Installations Remedial Action PART V Records and Reporting 70 General Report of Loss, Emergency or Accident PART VI Offences Current to June 20, 2022 Last amended on October 6, 2020 v Registration SOR/96-118 February 13, 1996 CANADA OIL AND GAS OPERATIONS ACT Canada Oil and Gas Installations Regulations P.C. 1996-167 February 13, 1996 Whereas, pursuant to subsection 15(1) of the Canada Oil and Gas Operations Act*, a copy of proposed Regulations respecting oil and gas installations used in areas of Canada under the Canada Oil and Gas Operations Act, substantially in the form annexed hereto, was published in the Canada Gazette Part I on May 14, 1994 and interested persons were afforded an opportunity to make representations with respect thereto; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources and the Minister of Indian Affairs and Northern Development, pursuant to section 14** of the Canada Oil and Gas Operations Act*, is pleased hereby to make the annexed Regulations respecting oil and gas installations used in areas of Canada under the Canada Oil and Gas Operations Act. * S.C. 1992, c. 35, s. 2 ** S.C. 1994, c. 10, s. 7 Current to June 20, 2022 Last amended on October 6, 2020 Regulations Respecting Oil and Gas Installations Used in Areas of Canada Under the Canada Oil and Gas Operations Act Short Title 1 These Regulations may be cited as the Canada Oil and Gas Installations Regulations. Interpretation 2 (1) In these Regulations, accidental event means an unplanned or unexpected event or circumstance or series of events or circumstances that may lead to loss of life or damage to the environment; (événement accidentel) accommodation area means dependent personnel accommodation or an accommodation installation (secteur d’habitation) accommodation installation means an installation that is used to accommodate persons at a production site or drill site and that functions independently of a production installation, drilling installation or diving installation, and includes any associated dependent diving system; (installation d’habitation) Act means the Canada Oil and Gas Operations Act; (Loi) certificate of fitness means a certificate issued by a certifying authority in accordance with section 4 of the Canada Oil and Gas Certificate of Fitness Regulations; (certificat de conformité) certifying authority has the same meaning as in section 2 of the Canada Oil and Gas Certificate of Fitness Regulations; (autorité) Chief means the Chief Safety Officer; (délégué) classification society means an independent organization whose purpose is to supervise the construction, ongoing maintenance and any modifications of an offshore platform in accordance with the society’s rules for classing offshore platforms and includes the American Bureau of Shipping, Lloyd’s Register of Shipping, Det norske Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations Interpretation Section 2 Veritas Classification A/S and Bureau Veritas; (société de classification) contingency plan means a plan that addresses abnormal conditions or emergencies that can reasonably be anticipated; (plan d’urgence) control point means a work area other than a control station from which systems and equipment critical to the safety of the installation can be monitored and controlled; (poste de commande) control station means a continuously manned work area from which process and export equipment, wellhead manifold and christmas trees, main and emergency power, fire and gas detection, fire control, communications equipment, emergency shutdown systems, ballast control system, dynamic positioning systems and other systems and equipment critical to the safety of the installation are remotely controlled or monitored; (salle de commande) damaged condition means, with respect to a floating platform, the condition of the platform after it has suffered damage to the extent described in the Code referred to in subsection 57(9); (condition avariée) dependent diving system means a diving system that is associated with an installation other than a diving installation and that does not function independently of the installation; (système de plongée non autonome) dependent personnel accommodation means personnel accommodation that is associated with an installation other than an accommodation installation and that does not function independently of the installation; (logement du personnel connexe) development plan means a development plan relating to the development of a pool or field that is referred to in section 5.1 of the Act; (plan de mise en valeur) development plan approval means the approval of a development plan pursuant to section 5.1 of the Act; (approbation de plan de mise en valeur) diving installation means a diving system and any associated vessel that function independently of an accommodation installation, production installation or drilling installation; (installation de plongée) Diving Program Authorization means an authorization to conduct a diving program that is issued to an operator pursuant to paragraph 5(1)(b) of the Act; (autorisation de programme de plongée) Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations Interpretation Section 2 diving system means the plant or equipment used in or in connection with a diving operation, and includes the plant and equipment that are essential to a diver or to a pilot of a manned submersible; (système de plongée) drilling base means the stable foundation on which a drilling rig is installed, and includes the ground surface, an artificial island, an ice platform, a platform fixed to the ground or seafloor and any other foundation specially constructed for drilling operations; (base de forage) drilling installation means a drilling unit or a drilling rig and its associated drilling base, and includes any associated dependent diving system; (installation de forage) Drilling Program Authorization means an authorization to conduct a drilling program that is issued to a person pursuant to paragraph 5(l)(b) of the Act; (autorisation de programme de forage) drilling rig means the plant used to make a well by boring or other means, and includes a derrick, draw-works, rotary table, mud pump, blowout preventer, accumulator, choke manifold, dependent personnel accommodation and other associated equipment, including power, control and monitoring systems; (appareil de forage) drilling unit means a drillship, submersible, semi-submersible, barge, jack-up or other vessel that is used in a drilling program and is fitted with a drilling rig, and includes other facilities related to drilling and marine activities that are installed on a vessel or platform; (unité de forage) drill site means a location where a drilling rig is or is proposed to be installed; (emplacement de forage) environmental load means a load imposed by waves, currents, tides, wind, ice, sea ice, snow, an earthquake or any other naturally occurring phenomenon, or by any combination of those phenomena; (charge environnementale) floating platform means a column-stabilized mobile offshore platform or a surface mobile offshore platform; (plate-forme flottante) flowline means a pipeline that is used to transport fluids from a well to a production facility or vice versa, and includes intrafield export and all gathering lines; (conduite d’écoulement) gastight door means a solid, close-fitting door designed to resist the passage of gas under normal operating conditions; (porte étanche aux gaz) Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations Interpretation Section 2 hazardous area means an area classified as hazardous in the Recommended Practice referred to in subsection (2); (zone dangereuse) installation means a diving installation, a drilling installation, a production installation or an accommodation installation; (installation) intact condition means, with respect to a floating platform, that the platform is not in a damaged condition; (condition intacte) machinery space means a space on an installation where equipment incorporating rotating or reciprocating mechanical equipment in the form of an internal combustion engine, a gas turbine, an electric motor, a generator, a pump or a compressor is located; (zone des machines) major damage means damage that results in uncontrolled pollution or loss of or serious threat to life; (dommage majeur) manned offshore installation means an offshore installation on which persons are normally present; (installation habitée au large des côtes) marine activities means activities related to position keeping and collision avoidance of mobile offshore platforms including mooring, dynamic positioning and ballasting; (activité maritime) mobile offshore platform means an offshore platform that is designed to operate in a floating or buoyant mode or that can be moved from place to place without major dismantling or modification, whether or not it has its own motive power; (plate-forme mobile au large des côtes) new installation means an installation that is constructed after the coming into force of these Regulations; (nouvelle installation) non-combustible material means material that does not burn or give off flammable vapours in sufficient quantity for self- ignition when heated to 750°C; (matériau incombustible) offshore drill site means a drill site within a water-covered area that is not an island, an artificial island or an ice platform; (emplacement de forage au large des côtes) offshore installation means an installation that is located at an offshore production site or offshore drill site, Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations Interpretation Section 2 and includes an accommodation installation and a diving installation; (installation au large des côtes) offshore loading system means the equipment and any associated platform or storage vessel located at an offshore production site to load oil or gas on a transport vessel, and includes any equipment on the transport vessel that is associated with the loading system; (système de chargement au large des côtes) offshore production site means a production site within a water-covered area that is not an island, other than an artificial island, or an ice platform; (emplacement de production au large des côtes) operating condition, with respect to a mobile offshore platform, means the condition of operating at the operating draft; (condition d’exploitation) operating draft, with respect to a mobile offshore platform, means the vertical distance in metres from the moulded baseline to the assigned waterline, where the platform is operating under combined environmental and operational loads that are within the limits for which the platform was designed to operate; (tirant d’eau d’exploitation) operations manual means the manual referred to in section 64; (manuel d’exploitation) operator means a person who has applied for or has been granted a Production Operations Authorization, a Drilling Program Authorization or a Diving Program Authorization; (exploitant) platform means a platform associated with an installation; (plate-forme) production facility means equipment for the production of oil or gas located at a production site, including separation, treating and processing facilities, equipment and facilities used in support of production operations, landing areas, heliports, storage areas or tanks and dependent personnel accommodations, but not including any associated platform, artificial island, subsea production system, drilling equipment or diving system; (matériel de production) production installation means a production facility and any associated platform, artificial island, subsea production system, offshore loading system, drilling equipment, facilities related to marine activities and dependent diving system; (installation de production) Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations Interpretation Section 2 production operation means an operation that is related to the production of oil or gas from a pool or field; (travaux de production) Production Operations Authorization means an authorization to conduct production operations issued to an operator pursuant to paragraph 5(1)(b) of the Act; (autorisation d’exécuter des travaux de production) production site means a location where a production installation is or is proposed to be installed; (emplacement de production) subsea production system means equipment and structures that are located on or below or buried in the seafloor for the production of oil or gas from, or for the injection of fluids into, a field under an offshore production site, and includes production risers, flow lines and associated production control systems; (système de production sous-marin) survival condition, with respect to a mobile offshore platform, means the condition of the platform when it is subjected to the most severe environmental conditions determined pursuant to section 45; (condition de survie) survival draft, with respect to a mobile offshore platform, means the vertical distance in metres from the moulded baseline to the assigned waterline, where the platform is subjected to the most severe environmental conditions determined pursuant to section 45; (tirant d’eau de survie) transit draft, with respect to a mobile offshore platform, means the vertical distance in metres from the moulded baseline to the assigned waterline, when the platform is moving from one geographical location to another; (tirant d’eau de transit) unmanned offshore installation means an offshore installation on which persons are not normally present and in those instances when persons are present on the installation, their presence is for the purpose of performing operational duties, maintenance or inspections that will not necessitate an overnight stay; (installation inhabitée au large des côtes) watertight means designed and constructed to withstand a static head of water without any leakage; (étanche à l’eau) working area means any area of an installation that a person may occupy during the normal course of duties, and includes a control room, a workshop, machinery space, storage area and paint locker. (zone de travail) Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations Interpretation Sections 2-4 (2) Subject to subsection 9(2), for the purposes of sections 10, 11, 13, 14, 19 and 33, the classification of hazardous areas with respect to hazards caused by combustible gases on an installation shall be made in accordance with American Petroleum Institute RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities. (3) A reference to a standard or specification shall be considered to be a reference to that standard or specification as amended from time to time. SOR/2009-315, ss. 98, 101(F). PART I General Requirements General 3 For the purpose of ensuring the safety of an installation, no operator shall use the installation unless the equipment on the installation is arranged in accordance with these Regulations to (a) provide for the safety of personnel; (b) minimize damage to the environment; and (c) enable easy access to the equipment. Quality Assurance 4 (1) Every new installation shall be designed, constructed, installed and commissioned in accordance with a quality assurance program that complies with subsection (2) and that is selected in accordance with Canadian Standards Association CAN3-Z299.0-86, Guide for Selecting and Implementing the CAN3-Z299-85 Quality Program Standards. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Quality Assurance Sections 4-6 (2) A quality assurance program shall be developed in accordance with (a) Canadian Standards Association CAN3-Z299.l-85, Quality Assurance Program — Category 1; (b) Canadian Standards Association CAN3Z299.2-85, Quality Control Program — Category 2; (c) Canadian Standards Association CAN3-Z299.3-85, Quality Verification Program — Category 3; and Standards Association CAN3Z299.4-85, Inspection Program — Category 4. (d) Canadian Helicopter Deck 5 (1) Every helicopter deck or facility that forms part of an offshore installation shall (a) conform to Transport Canada TP 4414, Guidelines Respecting Helicopter Facilities on Ships; and (b) be equipped so that any fuel stored on or adjacent to the helicopter deck or to the accommodation areas (i) can be jettisoned by action taken at another location on the installation, or (ii) is protected against damage or impact. (2) Every helicopter deck that forms part of an offshore installation shall be in a location that is readily accessible to and from the dependent personnel accommodation of the installation. (3) Every helicopter facility that forms part of an onshore installation shall conform to Transport Canada TP2586E, Heliport and Helideck Standards and Recommended Practices. Facilities for Inspection and Maintenance 6 An offshore installation shall be designed and equipped in such a manner as to allow for the monitoring, maintenance and periodic inspection of the installation, including Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Facilities for Inspection and Maintenance Sections 6-8 (a) clear marking and identification of the areas to be inspected; (b) provision for safe access to and adequate inspection space for the areas to be inspected; (c) space for the storage and operation of diving equipment; (d) means to facilitate the work of divers, where inspection by divers is required; (e) means to assist maintenance personnel, including those doing underwater maintenance, to perform their work safely and effectively; and (f) in the case of a mobile offshore platform that is not intended to be periodically drydocked, means to facilitate on- location inspection of the hull. Secondary Structures and Fittings 7 All decks, deckhouses, skids, modules and other structures located or installed on an offshore installation shall be capable of withstanding all the loads and forces to which they will be subjected, as determined in accordance with section 45. Arrangements of Materials and Equipment 8 (1) In this section flame-type equipment means any electric or fired heating equipment that uses an open flame, electric arc or element, and includes a space heater, a torch, a heated process vessel, a boiler, an electric arc or an open flame welder, or an open element electric heater or appliance; (équipement de type à flamme) process vessel means a heater, dehydrator, separator, treater or vessel used in the processing or treatment of produced gas or oil. (récipient de fabrication) (2) No person shall create or cause to be created any unprotected flame or source of ignition within 50 m of a well, an oil storage tank or other source of ignitable vapour. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Arrangements of Materials and Equipment Section 8 (3) No oil storage tank shall be placed or remain within 50 m of an onshore well. (4) No flame-type equipment shall be placed or operated within 25 m of a well, an oil storage tank or other source of ignitable vapour, except (a) where the well is (i) a water supply well, or (ii) a water injection well equipped with a suitable packer and with the surface casing annulus vented outside any building; or (b) where emergency work requires the use of flametype equipment and the wellhead valves and blow-out preventer, if any, are closed. (5) No flame-type equipment shall be placed or operated within 25 m of a process vessel, unless the flame type equipment is fitted with an adequate flame arrester. (6) No flame-type equipment shall be located in the same building as a process vessel or other source of ignitable vapour, unless (a) the air intakes and flues of all burners are located outside the building; (b) relief valves, safety heads and other sources of ignitable vapours are vented outside the building and discharged above roof level; and (c) the building is adequately cross-ventilated. (7) All process vessels and equipment from which ignitable vapour may issue shall be vented to the atmosphere, and all vent lines from every storage tank that is vented to flare pits or flare stacks shall be provided with flame arresters or other equivalent safety devices. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Arrangements of Materials and Equipment Sections 8-9 (8) An exhaust pipe from an internal combustion engine located within 25 m of a well, a process vessel, an oil storage tank or other source of ignitable vapour shall be constructed so that (a) any emergence of flame along its length or at its end is prevented; and (b) the end is at least 6 m from the vertical centre line of the well projected upward and shall be directed away from the well. (9) All equipment at or near a well, a process vessel, an oil storage tank or other source of ignitable vapour shall be constructed in accordance with Part I of the Canadian Electrical Code Part I and the Oil and Gas Occupational Health and Safety Regulations. Access to Hazardous Areas 9 (1) Subject to subsection (2), there shall not be direct access or any opening in an installation between (a) a non-hazardous area and a hazardous area; or (b) a Class I, Division 2, hazardous area and a Class I, Division 1, hazardous area. (2) Subject to subsections (3) to (5), an enclosed area that has direct access to, and that is classified as less hazardous than, a Class I, Division 1, hazardous area or a Class I, Division 2, hazardous area shall be considered to have the same classification as the area to which it has direct access. (3) An enclosed area that has direct access to a Class I, Division 1, area shall be considered to be a Class I, Division 2, hazardous area if (a) the access is fitted with a self-closing gastight door that opens into the enclosed area; and (b) when the door is open, the air flows from the enclosed area into the Class I, Division 1, hazardous area. (4) An enclosed area shall not be considered to be a hazardous area because of its direct access to a Class I, Division 2, hazardous area if (a) the access is fitted with a self-closing gastight door that opens into the enclosed area; and Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Access to Hazardous Areas Sections 9-10 (b) when the door is open, the air flows from the enclosed area into the Class I, Division 2, hazardous area. (5) An enclosed area shall not be considered to be a hazardous area because of its direct access to a Class I, Division 1, hazardous area if (a) the access is fitted with self-closing gastight doors forming an air-lock; and (b) the enclosed area is maintained at a pressure that is higher than the pressure maintained in the Class I, Division 1, hazardous area. (6) Piping systems on an installation shall be designed to preclude direct communications between hazardous areas of different classifications and between hazardous and non-hazardous areas. Ventilation of Hazardous Areas 10 (1) Every enclosed hazardous area on an installation shall be ventilated. (2) The ventilation systems fitted on an offshore installation for the purpose of subsection (1) shall be capable of replacing the air in the hazardous area at the rate of once every five minutes. (3) Where a mechanical ventilation system is used for the purpose of subsection (1), the air in the enclosed hazardous area shall be maintained at a pressure that is lower than the pressure of each adjacent hazardous area that is classified as less hazardous. (4) All air let into an enclosed hazardous area shall be taken from a non-hazardous area, and where the inlet duct passes through a hazardous area classified as more hazardous than the one to which the duct leads, the air in the inlet duct shall be maintained at a pressure that is higher than the pressure of the air in the hazardous area through which it passes. (5) All air let out of an enclosed hazardous area shall be let into an outdoor area that would be classified as the same as or less hazardous than the enclosed hazardous area if it did not receive the air from the enclosed hazardous area. (6) The ventilation system for every non-hazardous area shall be separate from the ventilation system for every hazardous area, and the ventilation fan inlets and outlets shall be arranged to prevent the air from a hazardous area from moving, as a result of the operation of any fan or the wind, into an area classified as less hazardous. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Ventilation of Hazardous Areas Sections 10-11 (7) Every ventilation outlet duct leading from a non-hazardous area where drilling or production operations are conducted to a Class I, Division 2, hazardous area shall be equipped with self-closing shutters and a gas detector. (8) A differential pressure gauge shall be installed to monitor any loss of ventilation pressure differential required by subsection (3) or (4) or maintained under section 9, and to activate audible and visual alarms at the appropriate control point after a suitable period of delay not exceeding 30 seconds if a loss occurs. (9) The control station and all accommodation areas on an installation shall (a) be maintained at a positive overpressure relative to atmospheric pressure; and (b) have airlock arrangements on all external doors. (10) The power for a mechanical ventilation system provided in accommodation areas, working areas, flammable liquid storage areas and other hazardous locations of an installation shall be capable of being shut off from the control station and from a position that is outside the area being served by the ventilation system and that will remain accessible during any fire that may occur within the area being ventilated. (11) The main inlets and outlets of all ventilation systems shall be capable of being closed from a position that is outside the area being served by the ventilation system and that will remain accessible during any fire that may occur within the area being ventilated. General Electrical Standards 11 (1) Subject to subsections (2) to (4), all electric motors, lighting fixtures, electric wiring and other electrical equipment on an installation shall be designed, installed and maintained in accordance with (a) in the case of an onshore installation, Canadian Standards Association Standard C22.l-l990, Canadian Electrical Code Part I, Safety Standard for Electrical Installations; and (b) in the case of an offshore installation, American Petroleum Institute RP l4F, Recommended Practice for Design and Installation of Electrical Systems for Offshore Production Platforms. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements General Electrical Standards Sections 11-12 (2) Electrical wiring on an offshore installation shall be (a) designed in accordance with International Electrotechnical Commission Publication 92-3, Electrical Installations in Ships, Part 3: Cables (construction, testing and installations) and tested for Category A in accordance with International Electrotechnical Commission Publication 332-3, Tests on electrical cables under fire conditions, Part 3: Tests on bunched wires or cables; and (b) tested for impact at -35°C and bending at -40°C in accordance with Canadian Standards Association Standard C22.2 No. 0.3-M1985, Test Methods for Electrical Wires and Cables. (3) Where a primary or secondary distribution system for power, heating or lighting, with no connection to earth, is used on an offshore installation, a device capable of continuously monitoring the insulation level to earth and of giving an audible or visual indication of abnormally low insulation values shall be provided. (4) The primary source of electrical power on every offshore installation shall (a) include at least two power plants; (b) be capable of supporting all normal operations without recourse to the emergency source of electrical power required by section 12; and (c) if one of the power plants is out of operation, be capable of supporting all operations except drilling and production operations. (5) The primary circuits from the power plant serving an installation shall be equipped with at least two manual shut-off switches, each at a different location. Emergency Electrical Power 12 (1) Every offshore installation shall have an emergency source of electrical power that is independent of the primary source of electrical power and that is capable of supplying electrical power sufficient to operate, for at least twenty-four hours, the following equipment: (a) all lights referred to in subsection (2); (b) all gas detection and alarm systems; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Emergency Electrical Power Section 12 (c) all fire detection and alarm systems; (d) all firefighting systems except any fire pump that is driven by a liquid fuelled combustion engine; (e) the general alarm system and all internal communication systems; (f) the emergency shut down system referred to in section 18; (g) all lifesaving systems; (h) all navigation lights, sound signal systems and illuminated markings, that are required by section 21; (i) all radio communication equipment necessary to comply with the contingency plans referred to in section 44; (j) on a mobile offshore platform, the main ballast control system, one ballast pump for each individual ballast system and one bilge pump for each individual bilge system; (k) on a column-stabilized mobile offshore platform, the secondary ballast control system; (l) all equipment necessary to secure the production or drilling operations in progress at any one time in a safe manner, including a well disconnect system; (m) if a pumping system is required under paragraph (l), one pump that is not driven by an internal combustion engine that has sufficient capacity to kill any well on the installation; (n) any blow-out prevention system; and (o) any manned diving equipment dependent on an electrical supply. (2) Every offshore installation shall be equipped with lights supplied by the emergency source of power described in subsection (1), in the following locations: (a) every embarkation station on deck and over sides; (b) every escape route and area containing escape route markings; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Emergency Electrical Power Section 12 (c) all service corridors and corridors in accommodation areas, and all stairways, exits and personnel lift cars; (d) all machinery spaces and main generating stations; (e) the control station and all control points; (f) all spaces from which the drilling and production operations are controlled and at which controls of machinery essential for the performance of those operations and devices for the emergency shut-down of the power plant are located; (g) the stowage positions for firefighting equipment; (h) each sprinkler pump and fire pump and each ballast and bilge pump, referred to in paragraph (1)(j), and the starting position for each pump; (i) every helicopter landing deck and every obstacle marker on that deck; and (j) the radio room. (3) Where the emergency source of electrical power required by subsection (1) is a mechanically driven generator, the offshore installation shall be provided with (a) a transitional source of electrical power, unless the generator will automatically start and supply the power required by subsection (1) in less than 45 seconds from the time the primary source of electrical power fails; and (b) a self-contained battery system designed to supply sufficient power, automatically on failure or shutdown of both the primary and the emergency sources of electrical power, to operate, for a period of at least one hour the equipment described in subparagraphs (i) and (ii) and, for a period of at least four days, the equipment described in subparagraph (iii): (i) the lights located in every emergency exit route, at every escape route, in every machinery space, the control station and every emergency assembly room and at every launching station of the lifesaving system, (ii) the internal communication system and the general alarm system, and Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Emergency Electrical Power Section 12 (iii) the navigation lights, sound signal systems and illuminated markings referred to in section 21. (4) The battery system referred to in paragraph (3)(b) shall be capable of returning to the trickle charge state on restoration of the primary or emergency source of electrical power. (5) The emergency source of electrical power required by subsection (1) shall, for a floating platform, be designed to function at full rated power when the installation is upright and when it is at any inclination up to a maximum angle of (a) 22½ degrees about the longitudinal axis and 10 degrees about the transverse axis, in the case of a surface mobile offshore platform; (b) 25 degrees in any direction, in the case of a column- stabilized mobile offshore platform; and (c) 15 degrees in any direction, in the case of a self-elevating platform. (6) The location of the emergency source of electrical power and associated fuel storage, the transitional source of power, if any, and the emergency switchboard on an offshore installation shall be (a) readily accessible from an open deck space; (b) segregated by class A-60 divisions, as defined in subsection 23(1), from any space containing the main source of electrical power or the internal combustion engines; (c) outside any hazardous area; and (d) for a floating platform, located above the waterline that would exist if the platform were in a damaged condition and in a space outside any part of the platform if it were in that damaged condition. (7) Every onshore drilling rig except a drilling rig located on an ice platform shall have an emergency source of electrical power that is independent of the primary source of electrical power and that is capable of supplying electrical power sufficient to operate, for at least twenty-four hours, the following equipment: (a) all warning systems; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Emergency Electrical Power Sections 12-13 (b) all emergency lighting; (c) the general alarm system and internal communication system; (d) all fire extinguishing systems, except any fire pump that is driven by an internal combustion engine that is liquid fuelled; and (e) all equipment necessary to secure production or drilling operations in progress at any one time in a safe manner, including a well control system. (8) Every drilling rig that is located on an ice platform shall have an emergency source of electrical power that is (a) capable of supplying electrical power sufficient to operate, for at least twenty-four hours, any well disconnect system; (b) independent of the primary source of electrical power; and (c) remote from the machinery housing. (9) The emergency source of electrical power required by subsection (1), (7) or (8) shall be designed to supply electrical power automatically, on failure of the primary source of electrical power, to a switchboard that is designed to direct the power to the equipment listed in that subsection. Mechanical Equipment 13 (1) Every internal combustion engine on an installation shall be installed, maintained and operated in accordance with American Petroleum Institute RP 7C-llF, Recommended Practice for Installation, Maintenance and Operation of Internal-Combustion Engines. (2) Combustion air for every internal combustion engine and fired vessel shall be taken from non-hazardous areas. (3) Exhaust gas from every internal combustion engine and fired vessel shall be discharged to non-hazardous areas. (4) The air induction system of every diesel engine operating in a hazardous area shall be equipped with (a) a flame arrester in the induction system; (b) a shut-off valve that is located between the engine air inlet filter and the induction system flame arrester Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Mechanical Equipment Section 13 and that is capable of being closed automatically by the engine overspeeding device and manually; (c) a flame arrester in the exhaust system; and (d) a spark arrester in the exhaust system, downstream of the flame arrester. (5) Subject to subsection (13), the fuel supply system for every diesel engine shall be equipped with a manual shut-off device and, except for the emergency source of electrical power required by section 12, with a device that will automatically shut off the fuel supply if any of the following occur: (a) overspeeding; (b) high exhaust temperature; (c) high cooling water temperature; or (d) low lubricating oil pressure. (6) The engine crankcase breather pipe on every diesel engine shall (a) be equipped with a flame arrester; and (b) in the case of an engine in an enclosed Class I, Division 2, hazardous area, lead to the atmosphere outside the installation. (7) Basic operating instructions for every diesel engine shall give details of stop, start and emergency procedures and be permanently attached to the engine. (8) The layout of every gas turbine, including the location of the control points, shall take into account the ability of the control point closest to the turbine to withstand pressure waves in the event of an explosion in the gas turbine exhaust duct or gas turbine hall and the effects of the failure of a gas turbine rotor where the fragments cannot be contained. (9) Every gas turbine shall have, in addition to the speed governor, a separate overspeed device, arranged and adjusted so that the manufacturer’s overspeed limitations for the turbine cannot be exceeded by more than 15 per cent. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Mechanical Equipment Sections 13-14 (10) The air intakes and exhaust for every gas turbine shall be arranged to prevent, to the extent practicable, reingestion of combustion gases. (11) Every multi-engine gas turbine shall have a separate air intake and exhaust, arranged so as to prevent induced circulation through a stopped turbine. (12) All machinery, components and systems essential to the operation of a floating platform shall be designed to function at full rated power at any inclination, up to a maximum angle of (a) in the case of a surface mobile offshore platform, (i) 15 degrees in any direction under static conditions, (ii) 22½ degrees in any direction under rolling dynamic conditions, and (iii) 7½ degrees by bow or stern under rolling dynamic conditions; (b) for a column-stabilized mobile offshore platform, 15 degrees in any direction; and (c) for a self-elevating platform, 10 degrees in any direction. (13) The automatic shut-off device referred to in subsection (5) shall shut off the fuel supply to engines associated with fire pump systems only where overspeeding occurs. (14) Jacking mechanisms for self-elevating platforms shall, where possible, be arranged with redundancy so that a single failure of any component does not cause an uncontrolled descent of the platform. Winterization 14 (1) Every installation shall be designed, constructed, equipped and insulated to ensure that, at the minimum air temperature that may occur at the drill site or production site during operations, based on an annual probability of exceedance of 10-2, (a) in the case of a production installation, the production equipment and other associated equipment will operate in a safe and efficient manner; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Winterization Section 14 (b) the emergency shutdown system referred to in section 18 will perform its intended functions; (c) drilling safety systems and associated equipment will operate safely and in accordance with the manufacturer’s specifications; (d) the fluids in the following systems and components will not freeze, namely, (i) fresh water tanks and the associated piping, (ii) vent pipes, (iii) components of the drainage system, (iv) the hydraulic system and its components, including operators and cylinders, and (v) the firefighting system, including pump drives and fuel supply lines, fire pumps and associated piping, fire hydrants, fire hoses and nozzles; (e) every pneumatic control system will remain fully operational at all times; (f) the lifesaving appliances and associated devices will remain operational; and (g) in the case of a mobile offshore platform, (i) the fluid in an operating ballast system, including the pumps, control systems and associated piping and valves, is protected against freezing, (ii) the proper functioning of any thrusters is not impaired and the hydraulic fluid and lubricants for the thrusters have properties designed for such a temperature, and (iii) the mooring winches and, where the platform is so equipped, the quick disconnect system will remain fully operational. (2) Every installation shall be equipped with steam-generating equipment, or an equivalent means, that will keep the locations mentioned in subsection (3) free of ice Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Winterization Sections 14-15 and snow and lines thawed so as to permit drilling, production and maintenance operations to be conducted safely. (3) Every installation that is equipped with steam-generating equipment, or an equivalent means, required by subsection (2) shall include outlets, hoses and hose clamps capable of being used in the following locations: (a) work areas; (b) walkways; and (c) in the case of an offshore installation, the helicopter deck and the lifeboat embarkation stations. (4) Where temperatures below -20°C may occur, based on an annual probability of exceedance of 10-2, at the drill site or production site more than one day per year and where the installation is equipped with steam-generating equipment, or an equivalent means, required by subsection (2), (a) that equipment shall meet the requirements set out in subsection (2) when operating at 75 per cent capacity; and (b) the installation shall be equipped with a second set of steam-generating equipment or another means of providing equivalent protection against ice, snow and freezing. SOR/2009-315, s. 99. Corrosion Protection 15 (1) All structural elements that are part of an offshore installation and the failure of which as a result of corrosion would cause a safety hazard shall be protected or constructed with extra material so as to prevent the degree of corrosion that may cause that structural element to fail and shall be protected against corrosion in accordance with section 4.15 of Canadian Standards Association CAN/CSA-S471-92, General Requirements, Design Criteria, the Environment, and Loads. (2) Corrosion protection systems for offshore installations shall be designed, installed and maintained in accordance with (a) section 15 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures, in the case of steel platforms; and Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Corrosion Protection Sections 15-17 (b) sections 4.9.5, 5.1.1, 5.3, 5.4.2, 5.6, 5.10 and 11.19 of Canadian Standards Association Preliminary Standard S474-M1989, Concrete Structures, in the case of concrete platforms. (3) All corrosion protection systems on an offshore installation shall be designed so that adjustment, repair or replacement can be done on site, except where (a) dry dock surveys are possible and are scheduled at a frequency of five years or less; or (b) the corrosion protection system is a cathodic protection system that has a design life exceeding that of the installation. Cranes 16 Every crane on an offshore installation shall (a) be designed and constructed in accordance with American Petroleum Institute Spec 2C, Specification for Offshore Cranes; and (b) be operated and maintained in accordance with American Petroleum Institute RP 2D, Recommended Practice for Operation and Maintenance of Offshore Cranes. Gas Release System 17 (1) In this section, gas release system means a system for releasing gas and combustible liquid from an installation, and includes a flare system, a pressure relief system, a depressurizing system and a cold vent system. (2) Every gas release system shall be designed and located, taking into account the amount of combustibles to be released, the prevailing winds, the location of other equipment and facilities, including rigs, the dependent personnel accommodation, the air intake system, embarkation points, muster areas, the helicopter approaches and other factors affecting the safe, normal flaring or emergency release of the combustible liquid, gases or vapours, so that when the system is operating it will not damage the installation, other installations, the land or other platforms in the vicinity used for the exploration or exploitation of resources, or injure any person. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Gas Release System Section 17 (3) Every gas release system shall be designed and installed in accordance with (a) American Petroleum Institute RP 520, Recommended Practice for the Design and Installation of Pressure-Relieving Systems in Refineries; (b) American Petroleum Institute RP 521, Guide for Pressure-Relieving and Depressuring Systems; (c) American Petroleum Institute Standard 526, Flanged Steel Safety-Relief Valves; (d) American Petroleum Institute Standard 527, Seat Tightness of Pressure Relief Valves; and (e) American Petroleum Institute Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks. (4) Every gas release system shall be designed and constructed to ensure that oxygen cannot enter the system during normal operation. (5) Any flare boom and its associated equipment shall be designed (a) to ensure a continuous flame using an automatic igniter system; (b) to withstand the radiated heat at the maximum venting rate; (c) to prevent flashback; and (d) to withstand all loads to which they may be subjected. (6) Every gas release system shall be designed to limit to the acceptable levels permitted by the Oil and Gas Occupational Safety and Health Regulations the noise that may occur as the gas expands. (7) With the exception of water, any liquid that cannot be safely and reliably burned at the flare tip of a gas release system shall be removed from the gas before it enters the flare. (8) Any vent that is used to release gas to the atmosphere without combustion shall be located and designed to minimize the risk of accidental ignition of the gas. (9) Every gas release system shall be designed and installed so that, taking into account the prevailing wind Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Gas Release System Sections 17-18 conditions, the maximum radiation on areas where personnel may be located, from the automatically ignited flame of a flare or vent, will be (a) 6.3 kW/m2, where the period of exposure will not be greater than one minute; (b) 4.72 kW/m2, where the period of exposure will be greater than one minute but not greater than one hour; and (c) l.9 kW/m2, where the period of exposure will be greater than one hour. Emergency Shutdown System 18 (1) Every installation shall have an emergency shutdown system that is capable of shutting down and isolating all potential sources of ignition and sources of flammable liquids or gases. (2) An emergency shutdown system shall be designed and installed so that when activated it causes (a) an audible and visual signal that indicates the cause of its activation and the identity of the equipment that has been shut down and isolated to be given in the appropriate control point; and (b) an audible alarm to be sounded through the general alarm system required by section 34 unless the alarm is overridden by the control point operator. (3) In the case of a production installation, an emergency shutdown system shall be designed to ensure (a) that there are at least two levels of shutdown; and (b) subject to subsection (13), that the following will occur within the time and in the sequence set out in the operations manual: (i) the shutdown of all production facilities and associated test facilities, (ii) the closure of all surface inlet manifold safety valves and production riser safety valves, (iii) the closure of all Christmas tree safety valves and all downhole safety valves, and (iv) the shutdown of all utilities except the equipment listed in subsection 12(1). Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Emergency Shutdown System Section 18 (4) In the case of a production installation, manual operation of an emergency shutdown system shall be in accordance with American Petroleum Institute RP 14C, Recommended Practice for Analysis, Design, Installation and Testing of Basic Surface Safety Systems for Offshore Production Platforms. (5) In the case of a drilling installation, an emergency shutdown system shall be designed to ensure (a) the shutdown within the time and in the sequence set out in the operations manual of all utilities, except the equipment listed in subsection 12(1); and (b) that shutdown is possible from at least two strategic locations. (6) The emergency shutdown system shall be designed to permit the selective shutdown of the ventilation systems required by section 10, except the fans necessary for supplying combustion air to prime movers for the production of electrical power. (7) At least one of the controls of the emergency shutdown system shall be located outside hazardous areas. (8) After an emergency shutdown, the emergency shutdown system shall stay in a locked-out condition until it is manually reset. (9) The emergency shutdown system shall be connected to a source of power in such a way that, in the event of a failure of the primary source of power, there is automatic changeover to an emergency source of power and audible and visual alarms indicating that failure are given at the appropriate control point. (10) Where a hydraulic or pneumatic accumulator is used to operate any part of the emergency system, the accumulator shall (a) be located as close as is practicable to the part that it is designed to operate, except where that part is part of a subsea production system; and (b) have capacity for at least three operations. (11) In the event of a failure of the accumulator referred to in subsection (10), the shutdown valves shall revert to a fail-safe mode. (12) All cables and pneumatic and hydraulic power lines that are part of the emergency shutdown system shall Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Emergency Shutdown System Sections 18-19 (a) in the case of cables and power lines that are exposed to the risk of mechanical or fire damage, be protected (i) by metal channels or casings, or (ii) by being enclosed in a steel conduit or an equivalent covering; and (b) as far as practicable, be segregated or routed away from the process and utility control systems so that any damage to those systems does not affect the shutdown system. (13) In the case of a production installation, on activation of the emergency shutdown system, the surface-controlled subsurface safety valve shall close in not more than two minutes after the Christmas tree safety valve has closed, except where a longer delay is justified by the mechanical or production characteristics of the well. Escape Routes 19 (1) On every onshore installation, (a) every work area shall have at least two wellmarked separate escape routes that are situated as far apart as is practicable and that lead to an area away from the drill site or production site; and (b) all corridors that are more than 5 m long, all accommodation areas and, where practicable, all work areas shall have at least two exits, located as far apart as is practicable, that lead to escape routes. (2) On every manned offshore installation, (a) every work area shall have at least two wellmarked separate escape routes that are situated as far apart as is practicable; (b) all escape routes shall lead to the open deck and from there to an evacuation station; (c) in addition to the escape routes required by paragraph (a), clear passage shall be provided, where practicable, to the helicopter deck and sea level and other embarkation locations; (d) all corridors that are more than 5 m long, all accommodation areas and, where practicable, all work areas shall have at least two exits, located as far apart as is practicable, that lead to escape routes; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Escape Routes Sections 19-20 (e) every escape route and embarkation station shall be free of all obstructions, and each exit door along the route shall be a sliding door or designed to open outwards; (f) every escape route leading to an upper level shall, where practicable, be provided in the form of ramps or stairways; (g) every escape route leading to a lower level shall, where practicable, be provided in the form of ramps, stairways or chutes of sufficient width to accommodate stretcher bearers with stretchers; (h) suitable means shall be provided, where practicable, for persons to descend from the installation to the water; (i) materials used for escape routes shall have a level of fire durability equivalent to steel; (j) the survival craft evacuation stations located adjacent to the accommodation areas and the associated escape routes from the accommodation areas shall provide fire protection for a period of at least two hours; and (k) all escape routes and associated stairwells shall be appropriately sheltered from the effects of fire and explosion. Protection Against Impact Offshore 20 (1) Subject to subsection (4), every offshore platform shall be designed to withstand accidental impacts with a vessel. (2) Where practicable, every offshore platform shall have a fender system, buoyage system or similar arrangement that will permit the transfer of goods to and from the production installation and a vessel without endangering that production installation or vessel or any person or goods. (3) Subject to subsection (4), every offshore platform, including any fender system, shall be capable of absorbing the impact energy of not less than 4 MJ from a vessel without endangering any person or the environment. (4) Subsections (1) and (3) do not apply to an unmanned offshore platform if any impact described by those subsections will not cause major damage. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Protection Against Impact Offshore Sections 20-22 (5) Every offshore platform shall be designed so that the impact energy referred to in subsection (3) (a) can be totally absorbed in the permanent deformation of the structural element impacted and by the elastic deflection of the platform; and (b) will not be absorbed in the permanent deformation of the vessel. (6) Where a fender system is used to comply with subsection (2), its size and arrangement shall be such that a vessel cannot be trapped under it at low tide. Navigational Equipment 21 Every offshore installation shall be equipped with the navigation lights and sound signal systems that are required by (a) in the case of a mobile offshore platform, the Collision Regulations, as if the offshore installation were a Canadian vessel; or (b) in the case of a fixed offshore platform, sections 8, 9 and 10 of the Navigable Waters Works Regulations, as if the offshore installation were in waters to which those Regulations apply. Lifesaving Equipment for Offshore Installations 22 (1) Every offshore installation shall be provided with (a) subject to subsection (2), in the case of a manned installation, two or more totally enclosed survival craft that have a combined carrying capacity of at least 200 per cent of the total number of persons on board the installation at any one time, and in the case of an unmanned installation, one or more totally enclosed survival craft that have a combined carrying capacity of at least 100 per cent of the total number of persons on board the installation at any one time; (b) one or more inflatable liferafts, that have a combined capacity for accommodating at least 100 per cent of the total number of persons on board the installation at any one time, and that Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Lifesaving Equipment for Offshore Installations Section 22 (i) meet the requirements for inflatable liferafts set out in Schedule XI to the Life Saving Equipment Regulations, as if the liferafts were in waters to which those Regulations apply, (ii) have float free capability, (iii) if embarkation is more than 4.5 m from the waterline at the survival draft, are equipped with a launching device, and (iv) are equipped with Class A equipment as described in Schedule II to the Life Saving Equipment Regulations; (c) in the case of a manned installation, immersion suits for 200 per cent of the total number of persons on board the installation at any one time, that conform to National Standard of Canada CAN/CGSB-65.16-M89, Marine Abandonment Immersion Suit Systems, and that are stowed such that one suit is readily available adjacent to each bed and the remaining suits are equally distributed among evacuation stations; (d) in the case of an unmanned installation, immersion suits for 100 per cent of the total number of persons on board the installation at any one time, that conform to the National Standard of Canada CAN/ CGSB-65.16-M89, Marine Abandonment Immersion Suit Systems, and that are equally distributed among evacuation stations; (e) a lifejacket for each of the persons on board the installation at any one time; and (f) in the case of a manned installation, (i) a motor-propelled rescue boat that (A) meets the requirements for rescue boats set out in Regulation 47 of Chapter III of International Maritime Organization International Conference on Safety of Life at Sea, (B) is located under a device capable of launching and retrieving the boat when the boat is fully loaded with equipment and complement, and (C) is self-righting, (ii) lifebuoys that are distributed on the decks of the installation, and that are stowed in a bracket or cleats, in at least the following numbers, namely, (A) 8 lifebuoys for an installation that is 100 m or less in length, Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Lifesaving Equipment for Offshore Installations Section 22 (B) 10 lifebuoys for an installation that is more than 100 m but less than 150 m in length, (C) 12 lifebuoys for an installation that is 150 m or more but less than 200 m in length, and (D) 14 lifebuoys for an installation that is 200 m or more in length, (iii) a rescue basket capable of accommodating at least six persons, (iv) 12 Type A distress signals, as defined in the Life Saving Equipment Regulations, (v) a Class I emergency position indicator radio beacon, as defined in the EPIRB Regulations, in each control station, (vi) at least two radar transponders stowed in two widely separated locations, except in the case of surface mobile offshore platforms, (vii) in the case of surface mobile offshore platforms, at least one radar transponder, and (viii) two buoyant personnel transfer baskets. (2) Each of the totally enclosed survival craft provided on an offshore installation shall (a) meet the requirements for Class I lifeboats as set out in Schedule V to the Life Saving Equipment Regulations, as if the survival craft were in waters to which those Regulations apply; (b) be equipped with (i) a compression ignition engine with two independent starting methods and with sufficient power to propel the craft when fully loaded, (ii) an engine block heater, a head bolt heater or any other means of ensuring prompt engine start in cold weather, (iii) a two-way fixed radio capable of permitting communications with other survival, support and rescue craft, (iv) a towing attachment, Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Lifesaving Equipment for Offshore Installations Section 22 (v) the equipment required by Schedule I to the Life Saving Equipment Regulations, as if the installation were a Class I ship to which those Regulations apply, (vi) a launching device, (vii) a radar reflector, (viii) a Class II emergency position indicator radio beacon, as defined in the EPIRB Regulations, and (ix) a hand-held radio; (c) be self-righting; (d) be fire-protected; (e) be capable of a speed of not less than 6 knots; (f) have a self-contained air supply sufficient for at least 10 minutes; (g) be stored or equipped (i) in the case of a column-stabilized mobile offshore platform and a fixed platform, so as to launch in a bow out aspect, and (ii) in the case of a self-elevating mobile offshore platform, so as to clear each leg, column, footing, brace or mat and any other similar structure below the hull; (h) be positioned so that half the survival craft are close to the accommodation areas and the other half are appropriately located on the other side of the installation, taking into consideration the shape of the installation and the type of associated facilities; (i) be stowed in a secure and sheltered position that is protected from damage by fire or explosion; and (j) be stowed in such a manner that two crew members can carry out preparations for embarkation and launching in less than 5 minutes. (3) The launching devices for the totally enclosed survival craft, the rescue boat and the inflatable liferafts provided on an offshore installation shall Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Lifesaving Equipment for Offshore Installations Sections 22-23 (a) meet the requirements for launching devices set out in Schedule IX to the Life Saving Equipment Regulations, as if the launching devices were located in waters to which those Regulations apply; (b) be sufficiently strong to permit each survival craft, rescue boat or liferaft to be safely launched or lowered into the water when loaded with its full complement of persons and equipment; and (c) situated so as to permit each survival craft, rescue boat or liferaft to be launched clear of any obstruction resulting from damage of the extent described in the Code referred to in subsection 57(9). (4) Half of the lifebuoys provided on an offshore installation shall be equipped with self-igniting lights, and not fewer than two of those lifebuoys shall be equipped with self-activating smoke signals. (5) Two lifebuoys provided on an offshore installation not equipped with lights and smoke signals shall be fitted with a buoyant lifeline, the length of which shall be at least one-and-a-half times the distance from the stowage deck to the waterline at the transit draft, or 30 m, whichever is greater. (6) There shall be posted on every offshore installation, including in the control station and in each accommodation area and work area, copies of a plan showing the position of all the lifesaving appliances. Passive Fire and Blast Protection Offshore 23 (1) In this section, class A-0 division means a division formed by a bulkhead or deck that is constructed (a) of steel or an equivalent material and suitably stiffened, and (b) to prevent the passage of smoke and flame after 60 minutes of exposure to a standard fire test; (cloisonnement de classe A-0) class A-60 division means a division formed by a bulkhead or deck that is (a) constructed of steel or an equivalent material and suitably stiffened, Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Passive Fire and Blast Protection Offshore Section 23 (b) constructed to prevent the passage of smoke and flame after 60 minutes of exposure to a standard fire test, and (c) insulated with non-combustible materials so that, if either side is exposed to a standard fire test, after 60 minutes the average temperature on the unexposed face will not increase by more than 139°C above the initial temperature and the temperature at any point on the unexposed face, including any joint, will not increase by more than 180°C above the initial temperature; (cloisonnement de classe A-60) class B-15 division means a division formed by a bulkhead, ceiling or lining that is (a) constructed and erected entirely from non-combustible materials, (b) constructed to prevent the passage of flame after exposure to a standard fire test for 30 minutes, and (c) insulated so that if either face is exposed to the first 30 minute period of a standard fire test, the average temperature on the unexposed face will not increase at any time during the first 15 minutes of the test by more than 139°C above that initial temperature, and the temperature at any point on the unexposed face, including any joint, will not increase by more than 225°C above the initial temperature after exposure for 15 minutes; (cloisonnement de classe B-15) class H-120 division means a division formed by a bulkhead or deck that is (a) constructed of steel or an equivalent material and suitably stiffened, (b) constructed to prevent the passage of smoke and flame after exposure to a hydrocarbon fire test for 120 minutes, and (c) insulated with non-combustible material so that, if either face is exposed to a hydrocarbon fire test, after 120 minutes the average temperature on the unexposed face will not increase by more than 139°C above the initial temperature, and the temperature at any point on the unexposed face, including any joint, will not increase by more than 180°C above the initial temperature; (cloisonnement de classe H-120) hydrocarbon fire test means a test in which a specimen division, which division resembles as closely as possible the intended construction of the division, includes, where appropriate, at least one joint and has an exposed surface Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Passive Fire and Blast Protection Offshore Section 23 of not less than 4.65 m2 and a height or a length of not less than 2.44 m, is exposed in a test furnace to temperatures corresponding approximately to a time-temperature relationship defined by a smooth curve drawn through the following temperature points measured above the initial furnace temperature, namely, (a) at the end of the first 3 minutes, 880°C, (b) at the end of the first 5 minutes, 945°C, (c) at the end of the first 10 minutes, 1032°C, (d) at the end of the first 15 minutes, 1071°C, (e) at the end of the first 30 minutes, 1098°C, (f) at the end of the first 60 minutes, 1100°C, and (g) at the end of the first 120 minutes, 1100°C; (essai de résistance au feu d’hydrocarbures) low flame spread in respect of a surface, means that the surface restricts the spread of flame; (à faible indice de propagation des flammes) standard fire test means a test conducted in accordance with Regulation 3.2 of Chapter II-2 of International Maritime Organization International Conference on Safety of Life at Sea. (essai standard de résistance au feu) (2) Subject to subsection (3), on an offshore installation, (a) the wellhead and process areas on a production installation shall be separated from other areas by class H-120 divisions; (b) all control stations shall be separated from other areas by class A-60 divisions; (c) the accommodation areas shall be separated from other areas by class A-60 divisions; (d) every machinery space and every storeroom containing paint, oil, any gaseous substance or other flammable material shall be separated from galleys or accommodation areas by class A-60 divisions and from each other by class A-0 divisions; (e) galley supply and exhaust ventilator trunking within the accommodation areas or any other enclosed Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Passive Fire and Blast Protection Offshore Section 23 spaces shall be made of steel covered with a fireresistant insulation material of a type and thickness equivalent to that in a class A-60 division; (f) every deck and its supporting structure within the accommodation areas that is not required to be a class A-60 division shall be constructed of material that by itself or due to insulation provided will not lose its structural stability and fire integrity when subjected to a 60 minute standard fire test; (g) every corridor bulkhead that is not required to be a class A-60 division shall be a class B-15 division and extend from deck to deck or, when continuous class B-15 divisions that are ceilings are fitted, from the deck to the continuous ceiling; (h) every door in every class B-15 division that is a bulkhead shall meet the standard for a class B-15 division, except that a door to a cabin or to a public space other than a stairway may have ventilation openings or a louvre in the lower half; (i) no door of a division forming any part of a stairway enclosure shall be provided with ventilation openings or louvres; (j) every opening in every bulkhead and deck in the accommodation areas shall have permanently attached to it a means of closing that will maintain the fire integrity of the bulkheads and decks; (k) where a class A-0 division, class A-60 division, class B-15 division or class H-120 division is pierced for the passage of electric cables, pipes, trunks or structural elements or for other purposes, arrangements shall be made so that the fire resistance of the division is not impaired; (l) air spaces enclosed behind ceilings, panelling or linings shall be divided by close-fitting draught stops that are spaced not more than 14 m apart and that are fitted transversely if the length of the space exceeds 14 m and lengthwise if the width exceeds 14 m; (m) every internal stairwell, ladderwell and crew elevator trunk within the accommodation areas shall be constructed of steel or equivalent material; (n) every stairwell in the accommodation areas shall be enclosed within a trunk constructed of class A-60 divisions and shall have self-closing doors, except that a stairwell connecting only two decks need only be fitted at one deck level with a division that has the same fire integrity and structural stability as the deck and self-closing doors; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Passive Fire and Blast Protection Offshore Section 23 (o) for compartments that contain or are affected by oil and oil vapour, the surface of insulating materials fitted to the inside of bulkheads and decks and forming the casings and crowns shall be impervious to oil and oil vapour; (p) every door and shutter in a bulkhead opening to hatches in the galley and pantry shall be constructed so that the fire integrity of the bulkhead is maintained, and shall be capable of being readily closed from a position outside the galley or pantry; (q) primary deck coverings shall be of a type that will not readily ignite; (r) paints, veneers and other finishes used on surfaces on concealed or inaccessible spaces and on exposed surfaces, except furniture, furnishings and floor coverings, shall be such that the surfaces are of a low flame spread type; (s) overboard scuppers, sanitary discharges or other outlets close to the water shall be of material unlikely to fail in the event of fire; (t) every load-bearing steel structural element shall be fire protected; and (u) blast-resistant panels and explosion venting systems shall be provided in locations that are susceptible to an explosion. (3) Subsection (2) does not apply to an unmanned offshore installation, if the passive fire and blast structural protection provided will prevent major damage in the case of a fire or explosion. (4) Galleys on an offshore installation shall be provided with fire blankets. (5) Notwithstanding subsections (2) to (4), every offshore installation shall be arranged in such a way that a fire in one area on the installation will be prevented from spreading to other areas and the consequences of an explosion on the installation are minimized, taking into Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Passive Fire and Blast Protection Offshore Sections 23-24 account the fire or explosion hazard of any particular area. Fire Hydrant Systems 24 (1) Every manned offshore installation shall be provided with a fire hydrant system in accordance with this section. (2) The fire hydrant system shall be connected to a continuously pressurized wet pipe water main that (a) is connected to at least two pump systems that are situated as far apart as possible; and (b) when any one of the pump systems required by paragraph (a) is out of operation, (i) is capable of delivering at least one jet simultaneously from each of any two fire hydrants through the hoses and nozzles, at a pressure at the hydrants of at least 350 kPa, (ii) is capable of delivering water at a sufficient pressure and quantity so that the aggregate capacity of the pump systems that are still operating is not less than 120 m3/hour when the pump systems are delivering water to the fire hydrants, and (iii) is capable of maintaining a pressure of at least 700 kPa to any foam system protecting the helicopter deck. (3) The number and position of the fire hydrants in the fire hydrant system shall be such that water from any two hydrants, one of which is fitted with only a single length of fire hose and the other of which is fitted with one or two lengths of fire hose, can reach every part of the installation where a fire may occur. (4) Each fire hydrant in the fire hydrant system shall be provided with a hose that (a) is of not more than 18 m in length; (b) is equipped with a 19 mm dual purpose nozzle capable of spray or jet action and with the necessary couplings; and (c) meets the requirements of National Fire Protection Association 1961, Standard on Fire Hose. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Water Deluge and Water Monitor Systems in Areas with Petroleum Section 25 Water Deluge and Water Monitor Systems in Areas with Petroleum 25 (1) In this section, water deluge system means a system capable of deluging a space with water from fixed heads; (système déluge) water monitor system means a system capable of deluging a space with water from monitors. (système de régulation d’eau) (2) Every manned offshore production installation shall be equipped with a water deluge system or, in the case of an open space, a water monitor system, for each space in the installation that contains equipment that stores, conveys or processes petroleum not used as fuel on the installation. (3) The systems required by subsection (2) shall be (a) connected to a continuously pressurized water main that is connected to at least two pump systems; and (b) capable of discharging water at the rate of at least 12.2 L/minute/m² over the largest area served by the system when any one of the pump systems is out of operation. (4) Every water deluge system shall (a) operate automatically in response to a signal from the fire detection system; (b) be capable of being operated manually from the control station and from locations close to but outside of each space served by it; and (c) when in operation, automatically activate an audible and visual signal at the fire and gas indicator panel in the control station. (5) Every water monitor system shall (a) be capable of being activated manually from the control station and from locations close to but outside of each space served by it; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Water Deluge and Water Monitor Systems in Areas with Petroleum Sections 25-26 (b) have sufficient movement in the horizontal and vertical planes to permit the monitor to discharge water into any part of the space served by it; (c) be capable of being locked in any position; and (d) be capable of discharging water as a jet or spray. (6) A water deluge system provided pursuant to subsection (2) shall meet the requirements of National Fire Protection Association 15, Standard for Water Spray Fixed Systems for Fire Protection. General Requirements for Fire Pump Systems and Water Mains 26 (1) The fire hydrant system referred to in section 24 and a water deluge system referred to in section 25 may be connected to the same water main and main pump systems. (2) Every water main referred to in section 24 or 25 shall (a) be routed clear of hazardous areas as far as practicable; (b) be arranged in relation to any thermal barriers and structural elements of the installation so as to obtain the maximum protection from damage due to heat; (c) be equipped with valves that will permit a damaged part of the system to be isolated from the undamaged parts; and (d) be used solely for the purpose of firefighting. (3) Every sea suction and source of power for each of the pump systems referred to in section 24 or 25 shall (a) be designed and arranged to start automatically in response to (i) any drop in water pressure that indicates a demand on the system, (ii) the receipt of a signal from the fire detection system, and (iii) the receipt of a signal from any manual control point; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements General Requirements for Fire Pump Systems and Water Mains Sections 26-27 (b) be capable of being started manually from the control station and started and stopped manually from a location close to the pump system; (c) be capable of functioning continuously without attendance for at least 24 hours; and (d) be designed and arranged so that a fire, explosion or flooding in any one space of the installation will not put more than one pump system out of operation. (4) When any of the pump systems referred to in section 24 or 25 is started, an audible alarm shall be given automatically at the pump and an audible and visual alarm shall be given automatically at the fire and gas indicator panel in the control station. (5) Every pump system provided pursuant to section 24 or 25 shall be located in a part of the installation remote from spaces that contain equipment used for storing, conveying or processing petroleum that is not used as fuel on the installation. Sprinkler System in Accommodation Areas 27 (1) The accommodation areas in every manned offshore installation shall be equipped with a sprinkler system that is supplied with water from (a) two dedicated pump systems connected to the water main referred to in section 24 or 25 by way of a lockable screwdown non-return valve that will prevent backflow from the sprinkler system to the water main; or (b) one dedicated sprinkler pump connected to (i) the water main referred to in section 24 or 25 by way of a lockable screwdown non-return valve that will prevent backflow from the sprinkler system to the water main, and (ii) a pressurized fresh water tank having a volume equal to at least twice the volume of water required pursuant to subsection (2) to be supplied for a period of one minute. (2) The volume of water supplied by the pump systems or pump and fresh water tank described in subsection (1) shall be at a pressure sufficient to ensure, at the level of the highest sprinkler, continuous coverage of at least 280 m2 at the rate of at least 6 L/minute/m2. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Sprinkler System in Accommodation Areas Section 27 (3) The sprinkler pump required by paragraph (1)(b) shall (a) serve only the sprinkler system; (b) be activated automatically by a pressure drop in the system before the water in the fresh water tank is depleted; and (c) be powered from at least two sources. (4) When the sprinkler system is activated, an audible and visual alarm that shows the location of the activated sprinklers shall be given automatically at the fire and gas indicator panel in the control station. (5) The sprinkler system shall be designed to prevent the passage of sea water into the fresh water tank. (6) The sprinkler system shall be provided with at least one stop valve for every 200 sprinklers that can prevent the flow of water into those sprinklers without affecting the rest of the system. (7) Each of the stop valves provided pursuant to subsection (6) shall be protected from accidental operation. (8) A gauge indicating the pressure in the sprinkler system shall be fitted at each stop valve and at the control station. (9) The sprinkler heads shall be placed in positions and spaced in a pattern that will ensure an average application rate of 6 L/minute/m2 throughout each space in the accommodation areas. (10) The pump system or pump and fresh water tank required by subsection (1) shall be situated outside the accommodation areas and as far as possible from the main machinery space. (11) The sprinkler system shall be (a) installed in accordance with National Fire Protection Association 13, Standard for the Installation of Sprinkler Systems; and (b) tested and maintained in accordance with National Fire Protection Association 13A, Recommended Practice for the Inspection, Testing and Maintenance of Sprinkler Systems. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Fire-extinguishing Systems in Machinery and Flammable Liquid Storage Spaces Section 28 Fire-extinguishing Systems in Machinery and Flammable Liquid Storage Spaces 28 (1) On every offshore installation, a fixed fire- extinguishing system utilizing carbon dioxide, pressure water spray or, where a fire will not involve any gases, liquefied gases with a boiling point below ambient temperature or cryogenic liquids, high expansion foam shall be installed in every space containing (a) internal combustion machinery having an aggregate power of at least 750 kW; (b) an oil- or gas-fired boiler or any other fired process vessel having a thermal rating of at least 75 kW; (c) paint or other flammable liquids as defined by National Fire Protection Association 321, Standard on Basic Classification of Flammable and Combustible Liquids; or (d) mud pits or equipment used for removing drill solids where oil-based mud is used. (2) On every offshore installation, a fixed fire-extinguishing system utilizing carbon dioxide or pressure water spray shall be provided in every compartment containing a pump for the transfer of oil. (3) A fire-extinguishing system utilizing carbon dioxide referred to in subsection (1) or (2) shall meet the requirements of National Fire Protection Association 12, Standard on Carbon Dioxide Extinguishing Systems. (4) A fire-extinguishing system utilizing pressure water spray referred to in subsection (1) or (2) shall meet the requirements of National Fire Protection Association 15, Standard for Water Spray Fixed Systems for Fire Protection. (5) A fire-extinguishing system utilizing high expansion foam referred to in subsection (1) shall meet the requirements of National Fire Protection Association 16, Standard on Deluge Foam-Water Sprinkler and Foam-Water Spray Systems. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Fire-extinguishing Systems in Machinery and Flammable Liquid Storage Spaces Section 28 (6) When a fire-extinguishing system utilizing carbon dioxide is provided pursuant to subsection (1) or (2), means shall be provided to (a) stop all ventilation fans serving the space protected by that system automatically before the system is activated; and (b) close all dampers in the ventilation system serving the space protected by that system manually from a position that is outside that space and that will not be made inaccessible by a fire within that space. (7) Every fire-extinguishing system referred to in subsection (1) or (2) shall be capable of being activated manually (a) from a location close to but outside each space served by it; and (b) at the location where the extinguishing medium is stored. (8) At each access to every space served by a fire-extinguishing system referred to in subsection (1) or (2) there shall be a notice indicating that the space contains such a system and stating which fire-extinguishing medium is used. (9) Visual indication of the operational status of the fireextinguishing system referred to in subsection (1) or (2) shall be provided at each access to every space served by that system and at the control station. (10) Every offshore installation provided with a fire-extinguishing system referred to in subsection (1) or (2) shall be provided with an automatic system that will give (a) an audible warning, in every space served by that system to which personnel have access, before the fireextinguishing medium is released from the fire-extinguishing system; and (b) an audible and visual signal, outside the access to every space served by that system and at the fire and gas indicator panel in the control station, when the fire-extinguishing system is in operation. (11) Every offshore installation provided with a fire-extinguishing system referred to in subsection (1) or (2) shall be provided with means to close all openings that may admit air to or allow gas to escape from a space served by that system. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Fire Extinguishers Section 29 Fire Extinguishers 29 (1) On every offshore installation a portable fire extinguisher shall be provided (a) within 10 m of any position accessible by personnel in every machinery, drilling and production and process space; (b) within 15 m of any position accessible by personnel in every space other than a space described in paragraph (a); and (c) near the entrance to each space referred to in paragraphs (a) and (b). (2) Subject to subsection (3), the extinguishing medium employed by an extinguisher provided pursuant to subsection (1) shall be suitable for extinguishing fires in spaces in which it is intended to be used. (3) Each extinguisher provided pursuant to subsection (1) for use in machinery spaces where oil is used as fuel shall be of a type discharging foam, carbon dioxide gas or dry powder. (4) The capacity of each portable extinguisher provided pursuant to this section shall be at least (a) 9 L, for an extinguisher that discharges foam; (b) 4.5 kg, for an extinguisher that discharges dry powder; (c) 6 kg, for an extinguisher that discharges carbon dioxide gas; and (d) 9 L, for an extinguisher that discharges water. (5) A spare charge shall be provided for each portable extinguisher provided pursuant to this section for which a duplicate extinguisher has not been provided. (6) On an offshore installation, every space containing internal combustion machinery that has an aggregate power of at least 750 kW shall be provided with one portable foam applicator unit and the following fire extinguishers: (a) one foam type fire extinguisher of not less than 45 L capacity in every engine space; (b) two portable foam extinguishers, where the aggregate power of the machinery is at least 750 kW but not more than 1500 kW; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Fire Extinguishers Sections 29-30 (c) three portable foam extinguishers, where the aggregate power of the machinery is more than 1500 kW but not more than 2250 kW; (d) four portable foam extinguishers, where the aggregate power of the machinery is more than 2250 kW but not more than 3000 kW; (e) five portable foam extinguishers, where the aggregate power of the machinery is more than 3000 kW but not more than 3750 kW; and (f) six portable foam extinguishers, where the aggregate power of the machinery is more than 3750 kW. (7) On an offshore installation, every space containing an oil- or gas-fired boiler or any other fired process vessel that has a thermal rating of at least 75 kW shall be provided with (a) two portable foam fire extinguishers plus an additional portable foam fire extinguisher for each burner up to a total capacity of 45 L; (b) one portable dry powder fire extinguisher; and (c) one portable foam applicator unit. (8) Every portable foam applicator unit provided pursuant to this section shall be provided with (a) an air-foam nozzle of an inductor type capable of being connected to the water main described in subsection 24(2) and of producing foam effective for extinguishing an oil fire at the rate of at least 1.5 m3/ minute; and (b) at least two tanks, each containing at least 20 L of foam-making liquid. (9) Every portable fire extinguisher on an offshore installation shall be inspected, maintained and recharged in accordance with National Fire Protection Association 10, Standard for Portable Fire Extinguishers. Firefighting Equipment 30 (1) Every manned offshore installation shall be provided with at least ten sets of firefighter equipment and every unmanned offshore installation shall be provided with at least two sets of firefighter equipment, each of which shall consist of (a) protective clothing, including boots and gloves, that Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Firefighting Equipment Section 30 (i) meets the requirements of National Fire Protection Association 1971, Standard on Protective Clothing for Structural Fire Fighting, (ii) will protect the skin from being burned by heat radiating from a fire and by steam, (iii) has a water-resistant outer surface, (iv) in the case of boots, is made of rubber or other electrically non-conducting material, and (v) in the case of gloves, meets the requirements of National Fire Protection Association 1973, Standard on Gloves for Structural Fire Fighting; and (b) a firefighter’s helmet with visor that meets the requirements of Canadian Standards Association CAN/ CSA-Z94.1-92, Industrial Protective Headwear. (2) In addition to any firefighting equipment required by the Oil and Gas Occupational Safety and Health Regulations, every manned offshore installation shall be provided with at least four sets, and every unmanned offshore installation shall be provided with at least two sets, of the following equipment: (a) a self-contained breathing apparatus that (i) is capable of functioning for at least 30 minutes, (ii) meets the requirements of Canadian Standards Association CAN/CSA-Z94.4-93, Selection, Use, and Care of Respirators, and CAN3-Z 180.1-M85, Compressed Breathing Air and Systems, and (iii) is equipped with two spare bottles; (b) a portable electric safety lamp that (i) will operate in the conditions anticipated for a Class I, Division 1, hazardous area, (ii) is operated from a rechargeable battery capable of operating for at least 3 hours, and (iii) can be easily attached to the clothing of a firefighter, at or above the waist level; (c) an axe with an insulated handle and a carrying belt; and (d) a fire-resistant life and signalling line and a safety belt and harness that meet the requirements of Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Firefighting Equipment Sections 30-31 National Fire Protection Association 1983, Standard on Fire Service Life Safety Rope, Harness and Hardware. (3) Each set of equipment required by subsections (1) and (2) shall be kept ready for use and stored so as to be readily accessible. (4) One of each of the sets of equipment required by subsections (1) and (2) shall be located within easy access of the helicopter deck. Automatic Fire Detection Systems 31 (1) Every manned offshore installation shall be equipped with a fire detection system that is capable of detecting the presence of fire in every space where fire may occur, including (a) every corridor, stairway and escape route in the accommodation areas; (b) the control station; (c) every work area; and (d) every space containing equipment in which petroleum or any other flammable substance is stored, conveyed, processed or consumed. (2) Every unmanned offshore installation shall be equipped with a fire detection system that is capable of detecting the presence of fire in every space where fire may occur, including (a) every work area; and (b) every space containing equipment in which petroleum or any other flammable substance is stored, conveyed, processed or consumed. (3) Every fire detection system required by subsections (1) and (2) shall be selected, designed, installed and maintained in accordance with National Fire Prevention Association 72E, Standard on Automatic Fire Detectors. (4) The fire detection systems required by subsections (1) and (2) shall, on detection of fire, activate automatically Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Automatic Fire Detection Systems Sections 31-32 (a) an audible and visual signal on the fire and gas indicator panel in the control station of a manned installation; and (b) an audible alarm that has a tone different from any other alarm in any part of the installation. (5) Every onshore installation shall be equipped with a fire alarm system. (6) The fire alarm system for a drilling rig at an onshore site shall be connected with the fire alarm system for the accommodation areas at that site where the drilling rig is within 50 m of the accommodation areas. (7) Every room in an onshore installation that is used as sleeping accommodation for a drill crew shall be equipped with a smoke detector and alarm. Gas Detection Systems 32 (1) Every offshore installation shall be equipped with a gas detection system that is capable of detecting, in every part of the installation in which hydrogen sulphide or any type of hydrocarbon gas may accumulate, the presence of those gases. (2) The gas detection system required by subsection (1) shall, on detection of gas, activate automatically (a) an audible and visual signal on the fire and gas indicator panel in the control station of a manned installation; and (b) an audible alarm that has a tone different from any other alarm in any part of the installation. (3) Every offshore installation shall be equipped with (a) at least two portable gas detectors capable of (i) measuring the concentration of oxygen in any space, and (ii) detecting hydrogen sulphide and any type of hydrocarbon gas in any space; and (b) a means of testing the portable gas detectors described in paragraph (a). (4) A gas detector shall be provided (a) at every ventilation inlet duct leading to a nonhazardous area on every installation; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Gas Detection Systems Sections 32-33 (b) in every Class I, Division 1, hazardous area on every onshore installation; and (c) in every enclosed hazardous area on every offshore installation. (5) Every gas detector provided in accordance with subsection (3) shall be appropriate for the area and installed and operated in accordance with (a) Appendix C of American Petroleum Institute RP 14C, Recommended Practice for Analysis, Design, Installation and Testing of Basic Surface Safety Systems for Offshore Production Platforms; and (b) section 9.2 of American Petroleum Institute RP 14F, Recommended Practice for Design and Installation of Electrical Systems for Offshore Production Platforms. Alarm Panels and Signals 33 (1) Every manned offshore installation shall be equipped with a fire or gas detection system that includes (a) one or more fire and gas detector indicator panels located at the control station, that (i) indicate the source of fire and gas by means of a visual signal, (ii) are capable of being functionally tested, and (iii) are fitted with equipment for resetting the fire and gas detection systems; and (b) an audible fire and gas alarm that has a characteristic tone that distinguishes it from the alarms associated with machinery, safety and control system faults or any other alarm system and that is audible on all parts of the installation. (2) A fire or gas detection system referred to in subsection (1) shall (a) be capable of being manually activated from each of the following locations, namely, (i) the space adjacent to each entrance to each machinery and process space, (ii) each accommodation area, (iii) the office of the manager of the installation, Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Alarm Panels and Signals Sections 33-34 (iv) every control point in each machinery and process space, and (v) the control station; (b) be designed so that, on activation of a detection device in one space, any signals received at the same time from a detection device in another space will register at the fire and gas indicator panel at that same time; (c) be installed and maintained in accordance with National Fire Prevention Association 72, Standard for the Installation, Maintenance, and Use of Protective Signaling Systems; and (d) be arranged so that there will be an automatic changeover to an emergency source of electrical power in accordance with subsection 12(9) in the event of a failure of the primary source of electrical power and so that failure of the primary source of electrical power will be indicated both visually and audibly as a separate fault alarm. General Alarm System 34 (1) Every installation shall be equipped with a general alarm system that is capable of alerting personnel to any hazardous conditions other than fire or gas that might (a) endanger the personnel; (b) endanger the installation; or (c) be harmful to the environment. (2) Every general alarm system referred to in subsection (1) shall be (a) operational and in operation at all times other than when the system is being inspected, maintained or repaired; (b) where applicable, flagged as being subject to inspection, maintenance or repair; and (c) designed in such a manner as to prevent tampering. (3) Where a general alarm system for an installation is being inspected, maintained or repaired, the operator of the installation shall ensure that the functions that the system performs are performed manually. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Piping Systems Section 35 Piping Systems 35 (1) The piping system and associated equipment of every installation shall be designed and installed in accordance with American Petroleum Institute RP 14E, Recommended Practice for Design and Installation of Offshore Production Platform Piping Systems. (2) Every pressure vessel or fired vessel on a production installation shall be designed and constructed in accordance with the following standards: (a) American Petroleum Institute Spec 12J, Specification for Oil and Gas Separators; (b) sections I, II, IV, V, VII, VIII and IX of American Society of Mechanical Engineers ASME Boiler & Pressure Vessel Code; and (c) Canadian Standards Association B51-M1991, Boiler, Pressure Vessel, and Pressure Piping Code. (3) Every compressor in hydrocarbon service at a production installation shall be designed in accordance with the following standards: (a) Canadian Standards Association CAN/CSA-Z184M92, Gas Pipeline Systems; (b) American Petroleum Institute STD 617, Centrifugal Compressors for General Refinery Service; (c) American Petroleum Institute STD 618, Reciprocating Compressors for General Refinery Services; and (d) American Petroleum Institute STD 619, RotaryType Positive Displacement Compressors for General Refinery Services. (4) All materials and procedures used in a production installation used to produce and process sour gas shall conform to National Association of Corrosion Engineers (U.S.) MR-01-75, Sulfide Stress Cracking Resistant Metallic Materials for Oil Field Equipment. (5) Where an operator handles, treats or processes oil, gas or water that contains hydrogen sulphide, the operator shall do so in accordance with good industry practice to minimize the discharge of hydrogen sulphide into the Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Piping Systems Sections 35-36 environment and to ensure that the operation is carried out in a safe and efficient manner. Communication Systems 36 (1) No person shall operate a manned installation unless the installation is equipped with (a) a radio or telephone communication system; and (b) an emergency communications system. (2) The communication systems referred to in subsection (1) shall be operational at all times. (3) No person shall operate a manned offshore installation unless the offshore installation is equipped with a two-way radio communication system that (a) enables effective communication by radio to be maintained between the installation and helicopters, the shore base, support vessels, standby vessels, search and rescue aircraft, and other nearby offshore installations; and (b) enables effective communication with marine traffic in the vicinity. (4) The operator of a manned offshore installation shall ensure that the radio communication systems comply with the Navigation Safety Regulations, 2020 as if the installation were a ship to which those Regulations apply. (5) Each installation shall comply with the Navigation Safety Regulations, 2020 as if the installation were a ship to which those Regulations apply. (6) No person shall operate a manned installation unless the installation is equipped with (a) an internal telephone system; (b) a public address system with loudspeakers located so that a voice transmission can be heard throughout the installation; and (c) a means of transmitting written data to the shore base of the installation. (7) No person shall operate an installation that is usually unmanned unless the installation is equipped with Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART I General Requirements Communication Systems Sections 36-38 (a) an operational two-way radio communication system during any period when the installation is manned; and (b) a system capable of detecting under ambient conditions any hazardous conditions that could endanger the safety of the installation or damage the environment and of alerting the control station about the hazardous conditions. SOR/2020-216, s. 427. PART II Analysis and Design General Design Considerations 37 (1) Every installation and every component of an installation shall be designed in accordance with good engineering practice, taking into account (a) the nature of the activities on and around the installation; (b) the type and magnitude of functional loads, environmental loads, and foreseeable accidental loads; (c) operating and ambient temperatures; (d) corrosion conditions that may be encountered during the construction, operation and maintenance of the installation; (e) the avoidance of damage to any part of the installation that may lead to the progressive collapse of the whole installation; and (f) soil conditions. (2) The design of an installation shall be based on such analyses or model tests of the installation, including simulations to the extent practicable, as are necessary to permit the determination of the behaviour of the installation and of the soils that support the installation or anchoring systems, under all foreseeable transportation, installation and operating conditions. Design of Offshore Installations 38 Every offshore installation shall be designed in accordance with the Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Design of Offshore Installations Sections 38-40 (a) section 4 of Canadian Standards Association CAN/ CSA-S471-92, General Requirements, Design Criteria, the Environment, and Loads; (b) for the foundation, section 5 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures; (c) for a steel platform, section 7 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures; (d) for a concrete platform, sections 3 and 7 of Canadian Standards Association Preliminary Standard S474-M1989, Concrete Structures; and (e) in respect of its transportation and installation, sections 5, 6 and 7 of Canadian Standards Association Preliminary Standard S475-M1989, Sea Operations. Design of Offshore Platforms 39 Every offshore platform shall be designed in accordance with (a) for composite ice-resisting walls, section 13 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures; (b) for the foundation, section 5 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures; (c) for a steel platform, sections 9, 10, 11, 12 and 16 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures; (d) for a concrete platform, sections 8, 9, 10 and 12 of Canadian Standards Association Preliminary Standard S474-M1989, Concrete Structures; and (e) for a gravity base, fill, fill-retention or piled platform, section 6, 7, 8 or 9 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures, as applicable. Design of Onshore Installations 40 Onshore installations shall be designed in accordance with the National Building Code of Canada and the National Fire Code, issued by the National Research Council of Canada. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Offshore Analyses Section 41 Offshore Analyses 41 (1) Analyses undertaken in respect of an offshore installation for the purposes of subsection 37(2) shall cover all relevant structural elements of the offshore installation, shall be based on good engineering practice and shall include a (a) structural analysis; (b) fatigue analysis; (c) structural element stability analysis; (d) overall installation stability analysis; (e) for a mobile offshore platform, intact and damage stability analysis; and (f) hydrodynamic analysis. (2) Analyses undertaken in respect of an offshore platform for the purposes of subsection 37(2) shall be carried out in accordance with (a) section 4.6.7 of Canadian Standards Association CAN/CSA-S471-92, General Requirements, Design Criteria, the Environment, and Loads; (b) for a steel platform, section 8 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures; and (c) for a concrete platform, sections 8 and 9 of Canadian Standards Association Preliminary Standard S474-M1989, Concrete Structures. (3) A fatigue analysis undertaken in respect of an offshore platform for the purpose of subsection 37(2) shall be carried out in accordance with (a) for a steel platform, section 14 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures; and (b) for a concrete platform, section 8.5 of Canadian Standards Association Preliminary Standard S474M1989, Concrete Structures. (4) The foundation of major machinery and equipment on an offshore installation shall be analysed to determine if the resulting deflection, stresses and vibration are Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Offshore Analyses Sections 41-44 within the limits of the structural design criteria for the equipment. Innovations for Offshore Installations 42 The design of an offshore installation shall not involve the use of any design method, material, joining technique, or construction technique that has not previously been used in comparable situations, unless (a) there have been engineering studies or prototype or model tests that demonstrate the adequacy of the method, material or technique; and (b) the operator implements a performance monitoring and inspection program that is designed to permit the determination of the correctness of the method, material or technique. Removal and Abandonment of Fixed Offshore Production Installations 43 Where the removal of a fixed offshore production installation is a condition of a development plan approval, the operator shall incorporate in the design of the installation such measures as are necessary to facilitate its removal from the site without causing a significant effect on navigation or the marine environment. Concept Safety Analysis for Offshore Production Installations 44 (1) Every operator shall, at the time the operator applies for a development plan approval in respect of an offshore production installation, submit to the Chief a concept safety analysis of the offshore production installation in accordance with subsection (5), that considers all components and all activities associated with each phase in the life of the production installation, including the construction, installation, operation and removal phases. (2) The concept safety analysis referred to in subsection (1) shall Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Concept Safety Analysis for Offshore Production Installations Section 44 (a) be planned and conducted in such a manner that the results form part of the basis for decisions that affect the level of safety for all activities associated with each phase in the life of the production installation; and (b) take into consideration the quality assurance program selected in accordance with section 4. (3) Target levels of safety for the risk to life and the risk of damage to the environment associated with all activities within each phase of the life of the production installation shall be defined and shall be submitted to the Chief at the time the operator applies for a development plan approval. (4) The target levels of safety referred to in subsection (3) shall be based on assessments that are (a) quantitative, where it can be demonstrated that input data are available in the quantity and of the quality necessary to demonstrate the reliability of the results; and (b) qualitative, where quantitative assessment methods are inappropriate or not suitable. (5) The concept safety analysis referred to in subsection (1) shall include (a) for each potential accident, a determination of the probability or susceptibility of its occurrence and its potential consequences without taking into account the plans and measures described in paragraphs (b) to (d); (b) for each potential accident, contingency plans designed to avoid the occurrence of, mitigate or withstand the accident; (c) for each potential accident, personnel safety measures designed to (i) protect, from risk to life, all personnel outside the immediate vicinity of the accident site, (ii) provide for the safe and organized evacuation of all personnel from the production installation, where the accident could lead to an uncontrollable situation, (iii) provide for a safe location for personnel until evacuation procedures can be implemented, where the accident could lead to an uncontrollable situation, and Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Concept Safety Analysis for Offshore Production Installations Sections 44-45 (iv) ensure that the control station, communications facilities or alarm facilities directly involved in the response to the accident remain operational throughout the time that personnel are at risk; (d) for each potential accident, appropriate measures designed to minimize the risk of damage to the environment; (e) for each potential accident, an assessment of the determination referred to in paragraph (a) and of the implementation of the plans and measures described in paragraphs (b) to (d); (f) a determination of the effects of any potential additional risks resulting from the implementation of the plans and measures described in paragraphs (b) to (d); and (g) a definition of the situations and conditions and of the changes in operating procedures and practices that would necessitate an update of the concept safety analysis. (6) The determinations and assessments required by paragraphs (5)(a) and (e), respectively, shall be (a) quantitative, where it can be demonstrated that input data is available in the quantity and of the quality necessary to demonstrate reliability of the results; and (b) qualitative, where quantitative assessment methods are inappropriate or not suitable. (7) The plans and measures identified in paragraphs (5)(b) to (d) shall be designed to ensure that the target levels of safety as defined pursuant to subsection (3) are met. (8) The operator shall maintain and update the concept safety analysis referred to in subsection (1) in accordance with the definition of situations, conditions and changes referred to in paragraph (5)(g) to reflect operational experience, changes in activity or advances in technology. Offshore Environmental Criteria and Loads 45 (1) For the purposes of undertaking the analyses referred to in section 41, the determination of environmental criteria and loads on an offshore installation shall be made in accordance with sections 5 and 6.5 to 6.13 of Canadian Standards Association CAN/CSA-S471-92, Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Offshore Environmental Criteria and Loads Sections 45-47 General Requirements, Design Criteria, the Environment, and Loads. (2) For the purposes of undertaking the analyses referred to in section 41, permanent loads, operational loads and accidental loads shall be determined in accordance with sections 6.2, 6.3 and 6.4, respectively, of Canadian Standards Association CAN/CSA-S471-92, General Requirements, Design Criteria, the Environment, and Loads. (3) For the purposes of undertaking the analyses referred to in section 41, for offshore installations, load combinations shall be determined in accordance with section 6.14 of Canadian Standards Association CAN/ CSA-S471-92, General Requirements, Design Criteria, the Environment, and Loads. Offshore Site Investigations 46 (1) Offshore site investigations shall be carried out, for the purpose of undertaking the analyses referred to in section 41, in accordance with section 4 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures. (2) Where permafrost is present at a production site, the geotechnical investigation for the purposes of undertaking the analyses referred to in section 41 shall include sampling of the permafrost. (3) The analysis of all fill sources for an offshore installation shall meet the requirements of section 7.3.2 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures, and shall include sampled boreholes and laboratory testing of the recovered samples. Geotechnical Parameters for the Offshore 47 For the purposes of undertaking the analyses referred to in section 41, the geotechnical parameters used for stability, deformational and thermal analyses shall be selected in accordance with section 5.2.5 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Soil Deformation Offshore Sections 48-50 Soil Deformation Offshore 48 For the purposes of undertaking the analyses referred to in section 41, the analysis for determining the deformation of foundations offshore shall be made in accordance with sections 5.2.4, 6.1.3, 7.1.3, 8.1.3 and 9.2.4 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures. Erosion Offshore 49 (1) For the purposes of undertaking the analyses referred to in section 41, the analysis of the erosion offshore shall be made in accordance with sections 6.2.3, 7.2.2 and 9.3.5 of Canadian Standards Association CAN/ CSA-S472-92, Foundations, Offshore Structures. (2) Where there is a potential for erosion around an offshore platform to a degree that would affect the stability of the platform, the platform shall be (a) provided with means of erosion protection that eliminate or prevent that degree of erosion; or (b) designed assuming all materials that are not resistant to erosion, determined from physical or numerical modelling, are removed. (3) The operator of an offshore platform or drilling unit that is placed so close to an existing offshore platform as to cause erosion that affects the stability of the existing platform shall take measures to prevent that erosion. Materials for Offshore Installations 50 (1) Notwithstanding compliance with the standards referred to in this Part, all materials used in an offshore installation shall be suitable for the service in which, and for the conditions under which, they are used. (2) No materials other than non-combustible materials shall be used in an offshore installation except where a special property is required that cannot be obtained by using a non-combustible material. (3) Subject to subsection (4), materials, such as organic foam insulation, that may give off toxic fumes or smoke when ignited shall not be used in an offshore installation. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Materials for Offshore Installations Sections 50-51 (4) Combustible foam insulation may be used for cold storage or refrigerated spaces on an offshore installation if (a) the foam is of a fire retardant type; (b) the foam is totally enclosed in stainless steel or another corrosion-resistant material that has all joints sealed; and (c) the insulation and its casing does not form any part of the accommodation deck or bulkhead. (5) All structural concrete used in an offshore installation shall be in accordance with sections 4, 5 and 6 of Canadian Standards Association Preliminary Standard S474-M1989, Concrete Structures. (6) All structural steel used in an offshore installation shall be in accordance with sections 5, 6 and 17 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures. Air Gap and Freeboard 51 (1) Subject to subsection (2), the air gap for an offshore installation, except for a surface platform, shall be determined in accordance with section 4.8 of Canadian Standards Association CAN/CSA-S471-92, General Requirements, Design Criteria, the Environment, and Loads. (2) The air gap for a column-stabilized mobile offshore platform may be calculated assuming the platform is at survival draft and at its lowest position relative to sea level, as determined from its motion characteristics. (3) Every surface mobile offshore platform shall have sufficient freeboard, taking into consideration the environmental criteria and loads at the drill or production site determined under section 45. (4) Every fixed offshore production platform shall have sufficient freeboard to prevent ice rubble or waves from flowing over the side of the platform unless it is designed to withstand the loads due to water and ice without major damage, under the most severe conditions as determined pursuant to section 45. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Offshore Load Measuring System Sections 52-55 Offshore Load Measuring System 52 Each leg on every self-elevating mobile offshore platform shall have a load measuring system that will permit (a) registration of the load on the leg at any time during jacking operations; and (b) measurement of the load on the leg periodically. Gravity-Base, Fill, Fill-Retention and Self-elevating Platforms in the Offshore 53 Every gravity-base, fill, fill-retention and self-elevating platform shall be designed in accordance with sections 5, 6, 7 and 8, respectively, of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures, and section 5.2.2 of Canadian Standards Association Special Publication S472.1-1992, Commentary to CSA Standard CAN/CSA-S472-92, Foundations. Pile Foundations 54 Pile foundations of every fixed offshore platform and, where applicable, subsea production system shall be designed in accordance with section 9 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures, and section 5.2.2 of Canadian Standards Association Special Publication S472.1-1992, Commentary to CSA Standard CAN/CSA-S472-92, Foundations. Structural Strength of Mobile Offshore Platforms 55 (1) Every floating platform that is intended to be used in areas in which sea ice is present shall be able to (a) withstand, without major damage, the ice loads to which it may be subjected when it is operating in accordance with the operations manual; (b) stay on location in the ice concentration and under the ice forces to which it may be subjected, as stated in the operations manual; and Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Structural Strength of Mobile Offshore Platforms Section 55 (c) be moved from the production site or drill site in the ice concentration to which it may be subjected, as stated in the operations manual. (2) In an analysis undertaken in accordance with subsection 37(2) for the purpose of determining the resistance to overturning and the resistance to sliding of a self-elevating mobile offshore platform, (a) a lattice type leg may be analysed using equivalent single- beam hydrodynamic coefficients as determined in accordance with Det norske Veritas Classification Notes, Note No. 31.5 — Strength Analysis of Main Structures of Self-Elevating Units, when determining (i) the hydrodynamic loads to be used in calculating overturning forces and sliding forces, if a vertical load equal to 5 per cent of the horizontal load is applied at the centre of the leg, and (ii) the hydrodynamic forces to be used in any detailed finite element analysis of the upper legs and hull; (b) the overturning moments and sliding forces shall be assessed assuming no spudcan fixity and using the most critical combination and direction of environmental and functional loads; (c) the reaction point for an independent leg platform shall be taken as the point located at a distance above the spudcan tip that is equal to the lesser of (i) half the height of the spudcan, and (ii) half the total penetration; and (d) the reaction point for a mat-supported platform shall be determined considering the soil characteristics determined in the site investigation undertaken pursuant to section 46. (3) Where any wave frequency or seismic ground motion predicted for the production site of a self-elevating mobile offshore production platform is close to the frequency of oscillation of the platform, a dynamic response calculation shall be performed as part of the analyses required by section 37 and the dynamic loads determined thereby shall be included in the relevant stress and fatigue analyses. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Structural Strength of Mobile Offshore Platforms Section 55 (4) The connection between each spudcan and each leg of a self-elevating mobile offshore platform shall be designed to withstand without failure the loads occurring at the full spudcan fixity condition. (5) Each spudcan and each connection between each spudcan and each leg of a self-elevating mobile offshore platform shall be designed for all possible penetrations or conditions ranging from tip penetration to full spudcan penetration as determined by the site investigation undertaken pursuant to section 46, and the shape of the spudcan. (6) Every spudcan of a self-elevating mobile offshore platform shall have sufficient strength to withstand storm-induced horizontal loads, vertical loads, and one half of the lower guide bending moment that is calculated assuming the leg is pinned. (7) The secondary bending effects of the legs of a self-elevating mobile offshore platform shall be taken into account in the performance of an analysis pursuant to section 37. (8) The analysis required pursuant to section 37 to verify whether a self-elevating mobile offshore platform is capable of withstanding the loads imposed during transportation shall be performed in accordance with Part 3, Chapter 2, Sections 3 C-100 and D-300 of Det norske Veritas Rules for Classification of Mobile Offshore Units. (9) A self-elevating mobile offshore platform with independent footing support shall be designed to withstand the loads that may be imposed during preload operations, including where there is (a) loss of foundation support for one leg for a distance of at least 4 m; and (b) offset support of 1.5 m from the centre of the spudcan tip. (10) The legs, spudcans and mats of every self-elevating mobile offshore platform shall be designed for any impact load that might occur on setdown, in accordance with Part 3, Chapter 2, Section 3 E-400 of Det norske Veritas Rules for Classification of Mobile Offshore Units, using the maximum environmental and functional loading conditions for setdown operations, as specified in the operations manual. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Structural Strength of Mobile Offshore Platforms Sections 55-57 (11) The legs of every self-elevating mobile offshore platform shall be preloaded to at least l.l times the reaction expected at the footing or mat at the extreme loading condition. Motion Response Characteristics 56 The motion response characteristics of every floating platform shall be determined by analytical methods or by model tests for the six degrees of freedom for all relevant operational, transit and survival drafts. Stability of Mobile Offshore Platforms 57 (1) For the purpose of this section, lightship, in relation to a mobile offshore platform, means a platform with all its permanently installed machinery, equipment and outfit, including permanent ballast, spare parts normally retained on board and liquids in machinery and piping at their normal working levels, but not including liquids in storage or in reserve supply tanks, items of consumable or variable loads, stores and crew and their effects. (2) Subject to subsection (3), an inclining test shall be carried out to determine the lightship weight and the location of the centre of gravity on every mobile offshore platform. (3) Detailed weight calculations showing the differences of weight and centres of gravity may be used in lieu of the inclining test required by subsection (2), in respect of a surface or self-elevating mobile offshore platform of a design that is identical with regard to hull form and arrangement to that of a platform for which an inclining test has been carried out, if the accuracy of the calculations is confirmed by a deadweight survey. (4) Subject to subsection (6), during each five-year survey that is required and carried out by a classification society of a surface or self-elevating mobile offshore platform, a deadweight survey shall be carried out and, where there is a significant discrepancy between the measurement obtained from that survey and the weight change as calculated from weight records, (a) in the case of a surface platform, an inclining test shall be carried out; and Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Stability of Mobile Offshore Platforms Section 57 (b) in the case of a self-elevating platform, the allowable variable load in the elevated condition shall be adjusted in accordance with the deadweight survey and the stability in the floating mode shall be calculated. (5) Subject to subsection (6), an inclining test shall be carried out during each five-year survey that is required and carried out by a classification society for every column-stabilized mobile offshore platform, except that after the second inclining test, the subsequent tests need only be carried out during every alternate five-year survey if there was no significant discrepancy between the weight records and the results of the second test. (6) An inclining test is not required pursuant to subsection (4) or (5) where the platform is equipped with instrumentation that is capable of accurately measuring or providing data that permit an accurate calculation of the centre of gravity. (7) A comprehensive and up-to-date record shall be kept of every change to a mobile offshore platform that involves a change in weight or position of weight. (8) Where the weight of a mobile offshore platform changes by more than 1 per cent of the lightship weight, a deadweight survey shall be carried out at the earliest opportunity and an up-to-date value of the lightship centre of gravity shall be recorded in the operations manual. (9) Subject to subsections (10) to (13), the analysis of intact and damage stability of every mobile offshore platform undertaken for the purpose of paragraph 41(1)(e) shall include a verification as to whether the platform complies with Chapter 3 of International Maritime Organization Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989. (10) Every mobile offshore platform shall be designed so that, in the intact condition, when subjected to the wind heeling moments described in the Code referred to in subsection (9), it has a static angle of heel of not more than 15 degrees in any direction. (11) Every column-stabilized mobile offshore platform shall be designed so that, in the intact condition, it has a metacentric height of at least 1 m when it is in the operating and transit draft and a metacentric height of at least 0.3 m in all other draft conditions. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Stability of Mobile Offshore Platforms Sections 57-58 (12) Every surface and self-elevating mobile offshore platform shall be designed so that, in the intact condition, it has a metacentric height of at least 0.5 m. (13) Every mobile offshore platform shall be designed so that, in the damaged condition or where any compartment is flooded, the final angle of heel does not exceed 15 degrees in any direction and the area under the righting moment curve is at least equal to the area under the heeling moment curve. Ballast and Bilge Systems 58 (1) Every mobile offshore platform shall be equipped with ballast tanks the number, location and degree of subdivision of which, together with the associated equipment, are (a) capable of ballasting and trimming the platform efficiently under all reasonably anticipated environmental conditions; and (b) designed to be fail safe. (2) Every floating platform shall have a ballast system so arranged that any ballast tank can be filled or emptied by any one of at least two ballast pumps or by controlled free flow. (3) Each lower hull on a floating platform with two lower hulls shall be provided with at least two ballast pumps each with the capacity to fill or empty any ballast tank in that hull. (4) The ballast system for a column-stabilized mobile offshore platform shall be designed to prevent uncontrolled transfer of water between tanks or through seaconnected inlets or discharges in any one of the following situations: (a) the failure of any valve or valve actuator for the system; (b) the failure in the means of control or indication for the system; and (c) the flooding of any space that contains equipment associated with the system. (5) Ballast piping in a ballast system for a floating platform that leads from a pump to more than one tank shall be led from readily accessible manifolds. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Ballast and Bilge Systems Section 58 (6) All power-operated sea inlets, discharge valves and ballast tank isolating valves on a floating platform shall be designed to close automatically on loss of control power and remain closed when power is re-established until specific action is taken to open them. (7) Where crude oil is to be stored in a floating platform, the platform shall have enough ballast capacity, segregated from the crude storage, to be able to float at minimum operating draft with no crude oil on board. (8) Every floating platform shall be provided with a main ballast control station equipped with (a) an effective means of communication with other spaces that contain equipment relating to the operation of the ballast system; (b) a ballast pump control and status system; (c) a ballast valve control and status system; (d) a tank level indicating system; (e) a draft indicating system; (f) emergency lighting; (g) heel and trim indicators; (h) bilge and flood alarms; and (i) remote control indicators for watertight closing appliances. (9) Every column-stabilized mobile offshore platform shall be equipped with a secondary ballast control station equipped with (a) an effective means of communication with other spaces that contain equipment relating to the operation of the ballast system; (b) a ballast pump control and status system; (c) a ballast valve control and status system; (d) a tank level indicating system; (e) emergency lighting; (f) heel and trim indicators; and Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Ballast and Bilge Systems Sections 58-59 (g) a permanently mounted ballast schematic diagram. (10) The main and secondary ballast control stations required by subsections (8) and (9) shall be located above the waterline in the final condition of equilibrium after flooding when the platform is in a damaged condition. (11) Every column-stabilized mobile offshore platform shall have a ballast system that is capable, with any ballast pump out of operation, (a) of providing safe handling and operation of the platform under normal operating and transit conditions; (b) of restoring the platform to a normal operating or transit draft and level trim from an inclination of 15 degrees in any direction; and (c) of raising the platform from the deepest operating draft to severe storm draft within three hours. (12) Every floating platform shall be equipped with a bilge system that has at least two bilge pumps connected to the bilge main and that is capable, under all conditions from upright to 15 degrees in any direction, of pumping or draining any watertight compartment except for those spaces permanently designated for the storage of fresh water, water ballast, fuel oil or liquid cargo and for which other effective means of pumping are provided. (13) No floating platform shall be considered to comply with this section until the ballast and bilge system has been assessed through a failure modes and effects analysis. Watertight Integrity of Floating Platforms 59 (1) The boundaries of watertight compartments in a floating platform shall contain no more openings than necessary for the operation of the platform and, where penetration of those boundaries is necessary for access, ventilation, piping and cables or any other similar purpose, arrangements shall be made to maintain the strength and watertight integrity of the boundaries. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Watertight Integrity of Floating Platforms Section 59 (2) Every watertight boundary and associated closing appliance on a floating platform shall be of sufficient strength and tightness of closure to withstand without failure the pressure and other loads likely to occur in service. (3) All watertight doors and hatches on a floating platform shall be operable locally from both sides of the associated bulkhead or deck. (4) Side scuttles and windows on a floating platform shall be of the non-opening type, fitted with internal hinged deadlight covers. (5) All pipes and ducts on a floating platform shall, where possible, be routed clear of those compartments that are vulnerable to penetration damage or, where such routing is not possible, positive means of closure of those pipes and ducts shall be provided for each watertight boundary. (6) Every valve required at a watertight boundary on a floating platform shall be remotely operable from the ballast control station or by a mechanical means from another readily accessible position that is above the waterline in the final condition of equilibrium that could result when the platform is in a damaged condition. (7) Every inlet or discharge port on a floating platform that is submerged at maximum operating draught shall be fitted with a valve that is remotely controlled from the ballast control station, and each such valve shall close automatically when the source of power fails, unless safety considerations require that it remain open. (8) Every discharge port on a floating platform that penetrates a boundary to a compartment intended to be watertight shall be fitted with an automatic non-return valve and with a second such valve or with a device whereby the port may be closed from a position outside and above the compartment. (9) Every door or hatch on a floating platform used to ensure the watertight integrity of internal access openings during the operation of the platform shall, while the platform is afloat, be equipped with an indicator at the ballast control station to indicate whether the door or hatch is open or closed. (10) Every door or hatch on a floating platform that is normally closed while the platform is afloat shall be equipped Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Watertight Integrity of Floating Platforms Section 59 (a) with an alarm system that is triggered in a manned control station when the door or hatch is open; and (b) with a notice affixed to that door or hatch cover to the effect that the door or hatch cover is not to be left open while the platform is afloat. (11) All external openings on a floating platform, except manholes that are fitted with close-bolted watertight covers and that are kept permanently closed while the platform is afloat, shall, in the intact condition or in a damaged condition, be completely above any waterline associated with the platform being heeled because of wind forces. (12) Every external opening on a floating platform that becomes wholly or partially submerged when the platform is at the maximum angle of heel that could occur while the platform meets the area ratio requirement for intact and damage stability set out in the Code referred to in subsection 57(9) or that may become intermittently submerged because of wave action when the platform is in a damaged condition shall (a) be designed and constructed to withstand any sea condition without penetration; (b) in the case of an opening that may become intermittently submerged when the platform is in a damaged condition, (i) close automatically when submerged, (ii) be readily and quickly closable at any time, or (iii) be assumed to be open in the damage stability calculations made pursuant to section 57; (c) in the case of an external opening that cannot be quickly closed, (i) be assumed to be open in damage stability calculations made pursuant to section 57, or (ii) be permanently closed when the platform is afloat; (d) in the case of a door or hatch that may be used during operation of the platform, be equipped with closing appliances that are operable locally from both sides of the bulkhead or deck; (e) in the case of a door or hatch that may become intermittently submerged when the platform is in a damaged condition, Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Watertight Integrity of Floating Platforms Section 59 (i) be equipped with an indication system to show in the ballast control station the status of the closing appliances, (ii) be self-closing on being submerged, or readily and quickly closable, and (iii) bear a notice to the effect that the door or hatch is not to be left open during operation of the platform; (f) in the case of a ventilator or ventilation intake or outlet that may be used during operation of the platform, (i) be equipped with a self-activating anti-flooding device, or (ii) if it is an intake or outlet not subject to intermittent submergence when the platform is in a damaged condition, be fitted with a manually operated means of closure that is readily accessible; (g) in the case of a closing appliance that is not to be opened during operation of the platform, bear a notice to that effect; (h) in the case of air pipes to a ballast tank, be equipped with an anti-flooding device; and (i) in the case of a chain locker opening on a columnstabilized platform, except where the chain locker is kept full of water or is designed to be free-flooding, be fitted with a device that will prevent significant ingress of water in the event of submergence and with a suitable means for pumping out, both of which are remotely operable from a ballast control station. (13) All of the closing appliances required by subsection (12) shall be able to withstand without failure any wave impact load to which they may be subjected. (14) Every compartment on a floating platform required to remain watertight to comply with the intact and damage stability criteria described in section 57 shall incorporate a device suitably positioned to detect flooding and, where flooding occurs, trigger an alarm in a ballast control station. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Mooring Section 60 Mooring 60 (1) The mooring system for a floating platform shall (a) provide an anchor pattern that keeps all anchor lines, anchor chains and anchors a safe distance from existing pipelines, flow lines and other platforms; (b) provide an anchor pattern that gives clear access to any support vessel intended to be used in operations and that clears lifeboat launching areas; (c) be sufficiently stiff so that the excursions of the platform are within the limits established for the risers in accordance with section 62 under all operating conditions; and (d) be sufficiently strong so that the failure of any anchor line during operations will not lead to major damage. (2) The load factor for tension in the mooring lines of every floating platform, based on a quasi-static analysis, shall be (a) in the operating condition with all lines intact, 3.0; (b) in the operating condition with one line failed, 2.0; (c) in the survival condition with all lines intact, 2.0; (d) in the survival condition with one line failed, if the platform will not threaten another platform used for the exploration or exploitation of subsea resources, l.4; and (e) in the survival condition with one line failed, if the platform may threaten another platform used for the exploration or exploitation of subsea resources, 2.0. (3) The fatigue life of the mooring system of every floating platform shall be equal to at least 15 years. (4) The mooring system of every floating platform that is to remain at the production site or drill site for longer than five years shall be designed so that its components can be inspected and replaced. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Mooring Section 60 (5) The design of the mooring system of every floating platform that is intended to remain moored in the survival condition shall be based on an appropriate model test or numerical analysis. (6) Where there is an annual probability of 10-2 of ice or icebergs being present at the site of a floating platform, the mooring system of the platform shall (a) incorporate a primary quick release system with a remote triggering device and at least one back-up system; and (b) have been demonstrated to be capable of permitting the quick release of the platform from its moorings and risers. (7) Except where the floating platform may threaten another platform used for the exploration or exploitation of subsea resources, the following factors may be taken into account in determining whether a thruster-assisted mooring system using a remote control thruster system complies with subsection (2): (a) if the remote control is manual, (i) zero thrust, for the operating condition, (ii) 70 per cent of the net thrust effect from all except one thruster, for the survival condition, (iii) zero thrust, for one mooring line failed in the operating condition, and (iv) 70 per cent of the net thrust effect from all thrusters, for one mooring line failed in the survival condition; and (b) if the remote control is automatic, (i) the net thrust effect from all except one thruster, for the operating condition, (ii) the net thrust effect from all except one thruster, for the survival condition, (iii) the net thrust from all thrusters, for one mooring line failed in the operating condition, and (iv) the net thrust from all thrusters, for one mooring line failed in the survival condition. (8) Mooring system components on a floating platform that interface with the mooring chain or rope, except the attachment in the chain locker for anchor chain and the steel rope attachment on the drum, shall be designed to Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Mooring Section 60 withstand the forces due to tension required to break the chain or rope. (9) The mooring system for a floating platform shall be designed to keep the platform on location, under any ice loads to which it may be subjected as determined pursuant to section 45, and the chain or rope shall be able to withstand, without significant damage, the abrasion forces imposed by such loads. (10) The load factors between the estimated anchor holding power in the mooring system of a floating platform and maximum mooring line tension at the anchor shall be at least (a) in the operating condition with all lines intact, 2.1; (b) in the operating condition with one line failed, 1.4; (c) in the survival condition with all lines intact, 1.4; (d) in the survival condition with one line failed, if the platform will not threaten another platform used for the exploration or exploitation of subsea resources, 1.0; and (e) in the survival condition with one line failed, if the platform may threaten another platform used for the exploration or exploitation of subsea resources, 1.4. (11) For the purposes of paragraphs (2)(d) and (e), subsection (7) and paragraphs (10)(d) and (e), one platform shall be considered to threaten another platform if the platform may drift or be pushed, by environmental conditions, into the other platform when all lines fail, taking into account any action likely to be taken to bring the platform under control. (12) All anchor winches and their stoppers, brakes, fairleads and sheaves, their attachments to the hull, and associated load- bearing structural elements for a floating platform shall be designed to withstand, without risk of permanent deformation or failure or of loss of ability to operate, the application of the breaking load of the associated anchor line with the anchor line in the most unfavourable direction. (13) The catenary mooring system on every floating platform shall be inspected in accordance with the requirements of American Petroleum Institute RP 21, Recommended Practice for In-Service Inspection of Mooring Hardware for Floating Drilling Units. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Dynamic Positioning Sections 61-62 Dynamic Positioning 61 (1) The dynamic positioning system used to hold a floating platform in position at the production site or drill site shall be designed, constructed and operated so that the failure of any main component with an annual failure rate of greater than 0.1, as determined from a detailed reliability analysis, cannot result in major damage to the platform, as determined from a failure modes and effects analysis of the main components, unless (a) operational procedures for the dynamic positioning system avoid or take into account the effect of the failure of the single component; or (b) every such component is routinely replaced so that the failure rate, as determined from the detailed reliability analysis, is no greater than 0.1 for the period between replacements. (2) Every floating platform with a dynamic positioning system shall be equipped with an alert and response display system that demonstrates (a) the position of the platform relative to the production site or drill site; and (b) the percentage of the available power that is necessary to maintain the platform in a position relative to the site and that will permit the installation to continue to operate. Subsea Production Systems 62 (1) Every subsea production system shall be designed to withstand major damage under the loads listed in Part B, Section 4, of Det norske Veritas Guideline No. 1-85, Safety and Reliability of Subsea Production Systems. (2) Where the concept safety analysis required by section 44 indicates a risk of damage to the subsea production system components from ice, dropped objects, trawl board nets or anchors, the design of the system shall include measures to minimize such damage. (3) The rigid risers in the subsea production system of a fixed offshore platform and the steel flowlines and flowline connectors in every subsea production system shall comply with National Standard of Canada CAN/CSAZ187-M87, Offshore Pipelines. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Subsea Production Systems Section 62 (4) Every subsea production system and its components shall be subjected to equipment integration tests in accordance with section 7.2 of American Petroleum Institute RP 17A, Recommended Practice for Design and Operation of Subsea Production Systems. (5) Every subsea production system shall be installed in accordance with section 7.3 of American Petroleum Institute RP 17A, Recommended Practice for Design and Operation of Subsea Production Systems. (6) Every subsea wellhead system and subsea tree located in a caisson, silo, or glory hole shall be designed and installed in such a manner that (a) the effect of silting is minimized; and (b) where practicable, inspection and maintenance during its production or injection life is possible. (7) Every subsea production riser shall be designed and operated in accordance with section 6 of American Petroleum Institute RP 17A, Recommended Practice for Design and Operation of Subsea Production Systems. (8) Every subsea production riser shall be designed (a) to withstand the maximum pressure to which the riser may be subjected during its service life; (b) so that every component that is used to transport oil or gas from the seafloor to the production installation can withstand without failure the wellhead shutin pressure, except where the component is equipped with an isolation valve at the seafloor and a pressure relief system at the platform to relieve the internal pressure of the component; and (c) to withstand any ice loads to which it may be subject as determined pursuant to section 45, except where failure of the riser will not lead to uncontrolled pollution. (9) Flexible flowlines and risers in a subsea production system shall be designed in accordance with Det norske Veritas Technical Note TNA 503, Flexible Pipes and Hoses for Submarine Pipeline Systems. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Subsea Production Systems Section 62 (10) The end fittings of flexible flowlines or risers in a subsea production system shall have pressure integrity and load-bearing capacities greater than that of the pipe. (11) The fatigue life of risers in a subsea production system shall be at least three times the service life of the production riser. (12) Adequate provision shall be made in the design of the risers in a subsea production system and in the configuration of their individual components, including production, injection, control and instrumentation lines and their attachment assemblies, for the safe and efficient maintenance and inspection of the risers and their components during their service life. (13) The analysis required by section 41 of the risers in a subsea production system in relation to fatigue and stress of the riser components and risk to the personnel and equipment as a result of failure or malfunction of individual components of the risers shall be performed using the methodology specified in section 6.5 of American Petroleum Institute RP 17A, Recommended Practice for Design and Operation of Subsea Production Systems. (14) Every riser in a subsea production system shall be equipped so that it can be disconnected (a) before heave or excursion limits specified in the operations manual are exceeded; or (b) when ice conditions pose a threat of major damage to the production platform. (15) Every riser on a subsea production system shall be equipped so that after it has been disconnected and reconnected it can be pressure tested in accordance with the procedures stipulated in the operations manual. (16) Every component of the riser in a subsea production system that is used to convey the pool fluids to the surface, inject fluids or chemicals into the pool, or transport processed or treated fluids to or from the production installation shall be designed and equipped so that when the fluids pose a threat to the environment, the component can be displaced with water or securely isolated before the riser is disconnected. Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART II Analysis and Design Subsea Production Systems Sections 62-63 (17) The templates and manifolds in a subsea production system shall be designed and operated in accordance with section 5 of American Petroleum Institute RP 17A, Recommended Practice for Design and Operation of Subsea Production Systems. (18) The control systems, including control lines and pressurized control fluids, of every subsea production system shall be designed and operated in accordance with section 4 of American Petroleum Institute RP 17A, Recommended Practice for Design and Operation of Subsea Production Systems. (19) Every subsea production system intended for manned intervention in an atmospheric chamber shall be designed in accordance with the requirements of Part B, Section 11, of Det norske Veritas Guideline No. 1-85, Safety and Reliability of Subsea Production Systems. PART III Construction and Installation Offshore General 63 (1) Every offshore platform shall be fabricated and constructed in accordance with (a) for a steel platform, sections 17, 18, 19, 20 and 21 of Canadian Standards Association CAN/CSA-S473-92, Steel Structures, Offshore Structures; (b) for a concrete platform, section 11 of Canadian Standards Association Preliminary Standard S474M1989, Concrete Structures; (c) for a gravity-base, fill, fill-retention or piled platform, sections 6.3, 7.3, 8.3 or 9.4, respectively, of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures; and (d) in respect of the foundation, section 5.4 of Canadian Standards Association CAN/CSA-S472-92, Foundations, Offshore Structures. (2) Every vessel or barge used for the construction, transportation, up-ending or positioning of an offshore Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART III Construction and Installation Offshore General Sections 63-64 installation or a component of an offshore installation shall (a) be classified by a classification society or have documentation to prove that a similar verification process has taken place; (b) if manned, be equipped with lifesaving appliances in accordance with the Life Saving Equipment Regulations, as if it were in waters to which those Regulations apply; and (c) be certified by the owner as being capable of performing the assigned task or tasks safely and as being otherwise fit for the services it is expected to provide. (3) All slings, wire cables, shackles and any other component used for lifting and for securing loads during the construction, transportation, up-ending or positioning of an offshore installation or a component of an offshore installation shall have a minimum load factor of 3. (4) Where loads developed during movement of an offshore platform from the construction site to the production site or drill site or during installation operations are in excess of those that will be encountered after installation, the platform shall be provided with load- and strain-measuring devices during the movement or installation of the platform. PART IV Operations and Maintenance Offshore Manual, Plans and Programs for Offshore Installations 64 (1) Subject to subsection (2), every operator shall prepare, adhere to and maintain, in respect of every offshore installation, an operations manual that contains the following data: (a) limitations on the operation of the installation and its equipment; (b) information as to environmental conditions at the site where the installation will be installed and the effect of those conditions on the installation, including (i) environmental conditions for which an offshore installation will be evacuated and the Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART IV Operations and Maintenance Offshore Manual, Plans and Programs for Offshore Installations Section 64 meteorological forecast following which such evacuation will be initiated, (ii) the amount of snow and ice that may be allowed to accumulate on the installation, (iii) the amount of marine growth that may be allowed to accumulate on the installation, and (iv) for a mobile offshore platform, any operating limits imposed by environmental conditions and the effect of wind, sea, snow, ice and marine growth on the strength, stability and seaworthiness of the platform while in transit, in the operating condition or in the survival condition; (c) for a fixed offshore platform, the characteristics of the platform foundation, bottom penetration and the maximum permitted amount of scour or other changing seabed conditions; (d) for a mobile offshore platform that is supported by the seabed, (i) information concerning the different seabed conditions acceptable for the installation, including the varying capacity of the seabed, limiting values of seabed slope, and maximum and minimum penetrations of footings, and (ii) a program for inspecting for scour at regular intervals and after storms of a specified intensity; (e) for a floating mobile offshore platform, information concerning stability, including all data and instructions necessary to determine whether any intended configuration of, or change to, the loading or ballasting will satisfy the stability requirement for the platform; (f) information concerning permissible deck loads, variable load limits and preloading; (g) details of any colour coding system used on the installation for the safety of personnel; (h) information on corrosion protection systems used and any requirements for the safety and maintenance of the systems; (i) details of openings and means of closure in watertight compartments; (j) drawings that show Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART IV Operations and Maintenance Offshore Manual, Plans and Programs for Offshore Installations Section 64 (i) the general arrangement of the deck structure, accommodation areas, helideck and equipment contained on the topside facilities, (ii) for a fixed steel platform, the jacket, piling, risers and conductors, (iii) for a gravity-base platform and a fill-retention platform, the lower concrete or steel platform including any skirt arrangements or piling, the deck structure connection to the lower structure, the risers and the conductors, (iv) for a self-elevating mobile offshore platform, the main and supporting platforms, the equipment for the elevating and lowering of the deck structure and any arrangements for towing, (v) for a column-stabilized mobile offshore platform, the main and support structure, the method for maintaining the station and arrangement for towing, (vi) for a surface mobile offshore platform and any similar- shaped platform, the hull structure and the positioning equipment, (vii) for a fill platform, the erosion protection and a cross-section of the platform including the locations of the conductors, (viii) the locations of escape routes, fixed fire- extinguishing systems and life-saving appliances, (ix) the fire divisions and the location of associated equipment, such as fire dampers, (x) the location of the hazardous areas on the installation, and (xi) for a floating mobile offshore platform, the ballast and bilge systems and all openings and means of closure that could affect the stability of the platform; (k) the operating and maintenance requirements for all the life-saving appliances on the installation; (l) the maximum helicopter weight and wheel centres, and maximum size of the helicopter for which the helicopter deck on the installation has been designed, including the extent of the obstacle-free approach zone for the helicopter; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART IV Operations and Maintenance Offshore Manual, Plans and Programs for Offshore Installations Section 64 (m) special arrangements or facilities for the inspection and maintenance of the installation, any equipment or plant, and any crude oil storage facilities on or in the installation; (n) special precautions or instructions to be followed when repairs or alterations to the installation are to be carried out; (o) any special operational or emergency requirements covering essential features of the installation, including the shutdown systems; (p) a description of any equipment for elevating and lowering the installation and of any special types of joints, including details of their purpose, proper operation and maintenance; (q) for a fixed offshore platform, details of the air gap or freeboard; (r) for a mobile offshore platform, the means of ensuring that the air gap requirements determined in accordance with subsection 51(1) are met; (s) the environmental loads the anchors can sustain to keep the installation moored in place, including the estimated holding power of the anchors in relation to the soil at the drill site or production site; (t) for a floating platform, (i) procedures for dealing with the excursion of the platform because of the failure of any anchor line, as determined by analysis, (ii) where there is a thruster-assisted mooring system, procedures to control operations when thruster power is lost, and (iii) where there is a dynamic positioning system, a description of the capability of that system in all operational and survival conditions within stated tolerances, when any single source of thrust has failed and full power is being supplied for all foreseeable operations and emergency services; (u) details of the number of persons to be accommodated during normal operations; (v) brief particulars of all the equipment on the installation, including flow sheets and instructions for the installation, operation and maintenance of the equipment; Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART IV Operations and Maintenance Offshore Manual, Plans and Programs for Offshore Installations Sections 64-68 (w) the procedure for preparing, and the description and format for, periodic reports concerning the integrity of the installation; and (x) a procedure for notifying the Chief of any situation or event described in section 68. (2) The part of the operations manual relating to the subsea production system shall comply with the requirements of sections 7.4 and 7.5 of American Petroleum Institute RP 17A, Recommended Practice for Design and Operation of Subsea Production Systems. SOR/2009-315, s. 100. 65 Every mobile offshore platform shall be certified in accordance with the International Convention on Load Lines, 1966. 66 Every operator of an offshore installation shall at all times operate the installation in accordance with limitations imposed by the certificate of fitness and by these Regulations and in accordance with the operations manual. 67 Every operator of an offshore installation shall develop and implement an inspection and monitoring, a maintenance and a weight control program. Repair, Replacement and Modification of Offshore Installations 68 (1) Subject to subsection (2), no holder of a certificate of fitness in respect of an offshore installation shall make any repair, replacement or modification to the installation, or bring on board any equipment, that could Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART IV Operations and Maintenance Offshore Repair, Replacement and Modification of Offshore Installations Sections 68-71 affect the strength, stability, integrity, operability or safety of the installation, without the approval of the Chief and the certifying authority. (2) In an emergency, the operator of an offshore installation may repair or modify the installation when the manager of the installation considers that the delay required to comply with subsection (1) would endanger personnel or the environment. (3) Where an operator makes a repair or modification to an installation pursuant to subsection (2), the operator shall immediately notify the Chief and the certifying authority. (4) The operator of an offshore installation shall notify the certifying authority and the Chief immediately if the operator notices any deterioration of the installation that could impair the safety of the installation or damage the environment. SOR/2009-315, s. 101(F). Remedial Action 69 Where an inspection reveals conditions that threaten the integrity of the foundation or platform of an offshore installation, the operator shall take remedial action to restore the integrity of the installation to the satisfaction of the certifying authority. SOR/2009-315, s. 101(F). PART V Records and Reporting General 70 The international system of units (SI) shall be used for recording the data and preparing the reports required by these Regulations. Report of Loss, Emergency or Accident 71 (1) Every operator shall inform the Chief, by the most rapid and practical means, of any situation or event involving any danger or accident to a person or property, including loss of life, a missing person, serious injury to a person, an imminent threat to safety of personnel or the public, fire, explosion, loss of well control, hydrocarbon Current to June 20, 2022 Last amended on October 6, 2020 Canada Oil and Gas Installations Regulations PART V Records and Reporting Report of Loss, Emergency or Accident Sections 71-72 or toxic fluid spills, or significant damage to a pipeline, equipment or an installation. (2) Every operator shall submit a full written report to the Chief of any situation or event referred to in subsection (l) as soon as practicable. (3) Every operator shall inform the Chief by the most rapid and practical means, at least twenty-four hours before any of the following events is scheduled to take place, of the time and place and the nature of the event: (a) start of tow out of an installation; (b) any lift at a production site in excess of 500 tonnes; and (c) the up-ending or setting on bottom of an installation. PART VI Offences 72 The contravention of any of the provisions of Parts IV and V is an offence under the Act. Current to June 20, 2022 Last amended on October 6, 2020
CONSOLIDATION Canada Post Systems Management Limited Authorization Order, 1990 SOR/90-377 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Authorizing Canada Post Systems Management Limited to Acquire Shares 1 Short Title Authorization Current to June 20, 2022 ii Registration SOR/90-377 June 21, 1990 FINANCIAL ADMINISTRATION ACT Canada Post Systems Authorization Order, 1990 P.C. 1990-1176 Management Limited June 21, 1990 Whereas the Governor in Council, pursuant to subsection 91(6) of the Financial Administration Act, is satisfied that Canada Post Systems Management Limited, as a corporation incorporated under the Canada Business Corporations Act, is empowered to undertake the transaction described in the annexed Order; Therefore, His Excellency the Governor General in Council, on the recommendation of the Honourable Harvie Andre and the Treasury Board, pursuant to paragraph 91(1)(b) of the Financial Administration Act, is pleased hereby to make the annexed Order authorizing Canada Post Systems Management Limited to acquire shares. Current to June 20, 2022 Order Authorizing Canada Post Systems Management Limited to Acquire Shares Short Title 1 This Order may be cited as the Canada Post Systems Management Limited Authorization Order, 1990. Authorization 2 Canada Post Systems Management Limited is hereby authorized to acquire shares, at an aggregate cost of $120,000, in G.D. Net B.V., a corporation incorporated under the laws of the Netherlands and having its head office located in Amsterdam, the Netherlands. Current to June 20, 2022
CONSOLIDATION Crown Corporation General Regulations, 1995 SOR/95-226 Current to June 20, 2022 Last amended on January 1, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 1, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 1, 2019 TABLE OF PROVISIONS Regulations Respecting Restricted Transactions, Disposal of Property, Remuneration, By-Laws, Deemed Transactions to Borrow Money and Exemptions from a Provision of the Financial Administration Act in Respect of Borrowing Transactions for Crown Corporations Short Title Interpretation Notification Disposal of Property by Agent Corporations Remuneration By-laws Transactions to Borrow Money Borrowing Approvals Borrowing Exemptions Current to June 20, 2022 Last amended on January 1, 2019 ii Registration SOR/95-226 May 2, 1995 FINANCIAL ADMINISTRATION ACT Crown Corporation General Regulations, 1995 P.C. 1995-711 May 2, 1995 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance and the Treasury Board, pursuant to subsections 93(2), 99(4), 108(3), 114(4) and 127(4) of the Financial Administration Act, is pleased hereby to repeal the Crown Corporation Borrowing Regulations, made by Order in Council P.C. 1984-3093 of August 31, 1984*, and the Crown Corporation General Regulations, made by Order in Council P.C. 1984-3094 of August 31, 1984**, and to make the annexed Regulations respecting restricted transactions, disposal of property, remuneration, by-laws, deemed transactions to borrow money and exemptions from a provision of the Financial Administration Act in respect of borrowing transactions for Crown corporations, in substitution therefor. * SOR/84-742, 1984 Canada Gazette Part II, p. 3714 ** SOR/84-743, 1984 Canada Gazette Part II, p. 3716 Current to June 20, 2022 Last amended on January 1, 2019 Regulations Respecting Restricted Transactions, Disposal of Property, Remuneration, By-Laws, Deemed Transactions to Borrow Money and Exemptions from a Provision of the Financial Administration Act in Respect of Borrowing Transactions for Crown Corporations Short Title 1 These Regulations may be cited as the Crown Corporation General Regulations, 1995. Interpretation 2 In these Regulations, Act means the Financial Administration Act; (Loi) working day means a day that is not a Saturday or a holiday. (jour ouvrable) Notification 3 For the purposes of subsection 93(1) of the Act, (a) the prescribed persons to be notified are the appropriate Minister for the parent Crown corporation and the President of the Treasury Board; and (b) the prescribed manner in which those persons are to be notified is by the subsequent corporate plan or corporate plan amendment to be submitted by the parent Crown corporation. Disposal of Property by Agent Corporations 4 For the purposes of subsection 99(2) of the Act, an agent corporation that is a parent Crown corporation or that is a wholly-owned subsidiary of a parent Crown corporation may sell or otherwise dispose of personal property on the condition that the property is sold or otherwise disposed of at fair market value in the ordinary course of business in a transaction that is consistent with the most recently approved corporate plan or amended corporate plan of the parent Crown corporation. Current to June 20, 2022 Last amended on January 1, 2019 Crown Corporation General Regulations, 1995 Disposal of Property by Agent Corporations Sections 5-8 5 For the purposes of subsection 99(2) of the Act, an agent corporation that is a parent Crown corporation named in Schedule III to the Act or that is a whollyowned subsidiary of such a parent Crown corporation may sell or otherwise dispose of (a) real property that has a fair market value of $200,000 or less; and (b) real property that has a fair market value of more than $200,000, on the condition that the property is sold or otherwise disposed of at not less than fair market value in the ordinary course of business in a transaction that is consistent with the most recently approved corporate plan or amended corporate plan of the parent Crown corporation. SOR/99-103, s. 1. 6 For the purposes of subsection 99(2) of the Act, an agent corporation that is a parent Crown corporation or that is a wholly-owned subsidiary of a parent Crown corporation may retain and use all or any part of the proceeds of any disposition of property in a manner that is consistent with the most recently approved corporate plan or amended corporate plan of the parent Crown corporation. Remuneration 7 For the purposes of section 108 of the Act, remuneration means a salary, a fee, an allowance or any other form of monetary compensation, except monetary compensation payable under the provisions of a registered pension plan as defined in the Income Tax Act, whether payable on or during the course of the appointment or on or by reason of termination of the appointment. SOR/99-103, s. 2. 8 (1) Subject to subsection (2), the aggregate value of any benefits fixed by a board of directors of a parent Crown Corporation in respect of a director, chairman or chief executive officer for services in respect of that office and, in the case of a chairman or chief executive officer, any other office of the corporation or an affiliate thereof, pursuant to subsection 108(2) of the Act shall not exceed the aggregate value of the standard benefits usually provided by other corporations in the public and private sectors (a) that carry on businesses or activities similar to the businesses or activities of the parent Crown corporation; or Current to June 20, 2022 Last amended on January 1, 2019 Crown Corporation General Regulations, 1995 Remuneration Sections 8-9 (b) where there are no corporations carrying on businesses or activities similar to those of the parent Crown corporation, that provide such benefits to persons having responsibilities similar to the responsibilities of the director, chairman or chief executive officer of the parent Crown corporation. (2) No benefit that is a low interest loan or interest free loan shall be provided to a director, chairman or chief executive officer of a parent Crown corporation for services in respect of that office and, in the case of a chairman or chief executive officer, any other office of the corporation or an affiliate thereof, unless the loan is provided for purposes of aiding in meeting costs due to relocation. (3) For the purposes of subsection (2), (a) low interest loan means a loan or mortgage at a rate of interest below that commercially available for a loan or mortgage for similar purposes; and (b) costs due to relocation means costs attributable to relocation where the relocation is solely for the purposes of the parent Crown corporation. (4) Where a board of directors of a parent Crown corporation fixes any benefits or modifies them pursuant to subsection 108(2) of the Act, the board of directors shall report to the appropriate Minister and to the Clerk of the Privy Council (a) by sending a copy of the resolution or other instrument so fixing or modifying the benefits, within 15 working days after fixing the benefits; and (b) in the case of any appointment as chief executive officer, by sending a statement detailing the full benefits accorded to the chief executive officer, including the registered pension plan provisions, no later than six months after the effective date of the appointment. (5) [Repealed, SOR/99-103, s. 3] SOR/99-103, s. 3. By-laws 9 A copy of a by-law of a parent Crown Corporation is to be sent to the appropriate Minister and the President of the Treasury Board within 15 workings days after the adoption of the resolution by the board of directors of the Current to June 20, 2022 Last amended on January 1, 2019 Crown Corporation General Regulations, 1995 By-laws Sections 9-11 parent Crown corporation approving the making, amending or repealing of the by-law. SOR/99-103, s. 4. Transactions to Borrow Money 10 The following classes of transactions are deemed, for the purposes of Part X of the Act, to be transactions to borrow money: (a) the issuance and sale of a term preferred share of a Crown corporation to a person, partnership or association; (b) a lease, as described in The Handbook of the Chartered Professional Accountants of Canada, as amended from time to time, to a Crown corporation by a person, partnership or association, if the lease exceeds the lesser of 5% of the total assets of the Crown corporation and $10,000,000; (c) the entering into a supplier credit arrangement that matures after a period of more than 12 consecutive months by a Crown corporation with a person, partnership or association, where the person, partnership or association is extending credit to the Crown corporation and the supplier credit arrangement exceeds the lesser of 1 per cent of the total assets of the Crown corporation and $100,000; and (d) a guarantee by a Crown corporation, other than the Canada Deposit Insurance Corporation, in respect of (i) a note, bond or debenture, (ii) term preferred shares, (iii) a loan, (iv) a banker’s acceptance, (v) a capital lease, or (vi) a supplier credit arrangement. SOR/2018-220, s. 1. Borrowing Approvals 11 An approval under subsection 127(3) of the Act shall be granted by an instrument in writing addressed to the Crown corporation proposing to enter into the transaction to borrow money. Current to June 20, 2022 Last amended on January 1, 2019 Crown Corporation General Regulations, 1995 Borrowing Exemptions Sections 12-14 Borrowing Exemptions 12 (1) A parent Crown corporation is exempt from the application of subsection 127(3) of the Act in respect of the borrowing of money where the lender is a whollyowned subsidiary of the parent Crown corporation. (2) A wholly-owned subsidiary of a parent Crown corporation is exempt from the application of subsection 127(3) of the Act in respect of the borrowing of money where the lender is the parent Crown corporation or another wholly-owned subsidiary of the parent Crown corporation. 13 The following Crown corporations are exempt from the application of subsection 127(3) of the Act in respect of any borrowing of money of the class set out in paragraph 10(d): (a) the Canada Mortgage and Housing Corporation; (b) Export Development Canada; (c) Farm Credit Canada; and (d) the Federal Business Development Bank. 2001, c. 22, s. 22, c. 33, s. 30. 14 (1) In this section, local port corporation means a corporation established pursuant to section 25 of the Canada Ports Corporation Act. (2) The Canada Ports Corporation is exempt from the application of subsection 127(3) of the Act in respect of the borrowing of money from a local port corporation pursuant to subsection 57(2) of the Canada Ports Corporation Act. (3) A local port corporation is exempt from the application of subsection 127(3) of the Act in respect of the borrowing of money from the Canada Ports Corporation pursuant to section 27 of Schedule I to the Canada Ports Corporation Act. Current to June 20, 2022 Last amended on January 1, 2019
CONSOLIDATION Canadian Chicken Marketing Levies Order SOR/2002-35 Current to June 20, 2022 Last amended on May 8, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 8, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 8, 2022 TABLE OF PROVISIONS Canadian Chicken Marketing Levies Order Interpretation Application Levies Levy Collection SCHEDULE Current to June 20, 2022 Last amended on May 8, 2022 ii Registration SOR/2002-35 December 24, 2001 FARM PRODUCTS AGENCIES ACT Canadian Chicken Marketing Levies Order Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamationa, established Chicken Farmers of Canada pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to the Chicken Farmers of Canada Proclamationa; Whereas the proposed annexed Canadian Chicken Marketing Levies Order is an order of a class to which paragraph 7(1)(d)d of the Farm Products Agencies Actc applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Ordere, and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act; And whereas, pursuant to paragraph 7(1)(d)d of the Farm Products Agencies Actc, the National Farm Products Council is satisfied that the proposed order is necessary for the implementation of the marketing plan that Chicken Farmers of Canada is authorized to implement, and has approved the proposed order; Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and section 12f of the schedule to the Chicken Farmers of Canada Proclamationa, hereby makes the annexed Canadian Chicken Marketing Levies Order. Ottawa, Ontario, December 20, 2001 a SOR/79-158; SOR/98-244 b S.C. 1993, c. 3, par. 13(b) c S.C. 1993, c. 3, s. 2 d S.C. 1993, c. 3, s. 7(2) e C.R.C., c. 648 f SOR/2002-1 Current to June 20, 2022 Last amended on May 8, 2022 Interpretation 1 The following definitions apply in this Order. Act means the Farm Products Agencies Act. (Loi) audit period means two consecutive periods during which chicken produced in a province is authorized to be marketed under the Canadian Chicken Marketing Quota Regulations. (période de vérification) CFC [Repealed, SOR/2015-228, s. 1] chicken [Repealed, SOR/2015-228, s. 1] communal group, in respect of (a) Saskatchewan, has the same meaning as in Order No. 61/11 – Communal Group Production Exemption made by the Chicken Farmers of Saskatchewan Board; and (b) Alberta, has the same meaning as in paragraph 1(g) of the Alberta Chicken Producers Marketing Regulation, Alta. Reg. 3/2000. (ferme collective) communal group production quota means a quota for the production or marketing of chicken granted to a communal group under a law of the Province in which it is situated. (contingent de production de ferme collective) dealer means a person, other than a producer or processor, who purchases live chicken in interprovincial or export trade. (négociant) federal market development quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade to market development licensees during the period referred to in the schedule to those Regulations. (contingent fédéral d’expansion du marché) federal quota means the number of kilograms of chicken, expressed in live weight, not including a federal market development quota or federal specialty chicken quota, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade during the period referred to in the schedule to those Regulations. (contingent fédéral) federal specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Interpretation Section 1 producer is entitled under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade, during the period referred to in the schedule to those Regulations, to any holder of a specialty chicken licence. (contingent fédéral de poulet de spécialité) market development commitment period means the period that spans the following three periods: (a) the period referred to in section 1 of the market development commitment form set out in Schedule 1 to the Canadian Chicken Licensing Regulations; (b) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately precedes the period referred to in paragraph (a); and (c) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately follows the period referred to in paragraph (a). (période d’engagement pour l’expansion du marché) market development licence means a market development licence issued by CFC under the Canadian Chicken Licensing Regulations. (permis d’expansion du marché) marketing [Repealed, SOR/2015-228, s. 1] primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota or federal specialty chicken quota. (transformateur primaire) processing means the slaughtering of chicken or the changing of the nature, size, quality or condition of slaughtered chicken. (transformation) processor means a person who is engaged in the business of processing and otherwise marketing chicken. (transformateur) producer [Repealed, SOR/2015-228, s. 1] Provincial Commodity 2015-228, s. 1] Board [Repealed, SOR/ registered production facilities means production facilities that are registered under the laws of the province in which they are situated. (installations de production agréées) Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Interpretation Sections 1-2 specialty chicken licence means a specialty chicken licence that is issued by CFC under the Canadian Chicken Licensing Regulations. (permis de poulet de spécialité) SOR/2002-281, s. 1(F); SOR/2007-251, s. 1; SOR/2014-145, s. 1; SOR/2015-228, s. 1. Application 2 (1) This Order applies to (a) a producer who sells, in interprovincial or export trade, live chicken produced under a federal quota; (b) a dealer who purchases, in interprovincial or export trade, live chicken produced under a federal quota; (c) a processor who purchases, for interprovincial or export trade, live chicken produced under a federal quota; (d) a producer who sells, in interprovincial or export trade, live chicken in excess of a federal quota; (e) a primary processor who markets chicken produced under a federal market development quota (i) to a buyer, or for an end-use, not specified in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations, (ii) outside the market development commitment period, or (iii) otherwise than as one of the product categories set out in column 1 of section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations; (f) a primary processor or producer who markets, in interprovincial or export trade, chicken produced under a federal specialty chicken quota; and (g) a primary processor or producer who markets, in interprovincial or export trade, chicken in excess of a federal specialty chicken quota. Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Application Section 2 (2) This Order does not apply to (a) a producer in the Province of Ontario who produces no more than 300 chickens per year at their premises and is permitted to produce chicken without being allotted a quota under regulations made by the Chicken Farmers of Ontario; (b) a producer in the Province of Quebec who produces and markets no more than 100 chickens per year, unless specifically authorized by Les Éleveurs de volailles du Québec to market a greater quantity; (c) a producer in the Province of Nova Scotia who produces no more than 200 chickens per year at their premises for personal consumption; (d) a producer in the Province of New Brunswick who produces and markets no more than 200 chickens per year; (e) a producer in the Province of Manitoba who produces and markets no more than 999 chickens per year; (f) a producer in the Province of British Columbia who produces and markets no more than 200 chickens per year; (g) a producer in the Province of Prince Edward Island who produces and markets no more than 500 chickens per year; (h) a producer in the Province of Saskatchewan who produces and markets no more than 999 chickens per year or a communal group within that Province that produces and markets chicken under a communal group production quota; (i) a producer in the Province of Alberta who produces and markets no more than 2,000 chickens per year or a communal group within that Province that produces and markets chicken under a communal group production quota; (j) a producer in the Province of Newfoundland and Labrador who produces and markets no more than 100 chickens per year. SOR/2002-281, s. 2; SOR/2014-145, s. 2; SOR/2015-228, s. 2; SOR/2017-213, s. 1. Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Levies Sections 3-4 Levies 3 (1) A levy is hereby imposed on a producer per kilogram of live weight of chicken marketed by the producer in interprovincial or export trade, by reference to the province of production as follows: (a) in the province of Ontario, 2.17 cents; (b) in the province of Quebec, 2.25 cents; (c) in the province of Nova Scotia, 1.54 cents; (d) in the province of New Brunswick, 1.20 cents; (e) in the province of Manitoba, 2.22 cents; (f) in the province of British Columbia, 2.02 cents; (g) in the province of Prince Edward Island, 1.77 cents; (h) in the province of Saskatchewan, 1.73 cents; (i) in the province of Alberta, 1.95 cents; and (j) in the province of Newfoundland and Labrador, 1.63 cents. (2) Subsection (1) ceases to have effect on March 31, 2023. SOR/2002-283, s. 1; SOR/2003-18, s. 1; SOR/2004-1, s. 1; SOR/2005-4, s. 1; SOR/2005-5, s. 1; SOR/2005-195, s. 1; SOR/2006-5, s. 1; SOR/2007-4, s. 1; SOR/2007-7, s. 1; SOR/ 2007-155, s. 1; SOR/2008-4, s. 1; SOR/2008-37, s. 1, err., Vol. 142, No. 6; SOR/2008-220, s. 1; SOR/2009-3, s. 1; SOR/2010-2, s. 1; SOR/2010-18, s. 1; SOR/2010-155, s. 1; SOR/ 2010-311, s. 1; SOR/2011-165, s. 1; SOR/2011-315, s. 1; SOR/2012-2, s. 1; SOR/2012-141, s. 1; SOR/2012-169, s. 1; SOR/2012-242, s. 1; SOR/2013-3, s. 1; SOR/2013-4, s. 1; SOR/ 2013-129, s. 1; SOR/2013-130, s. 1; SOR/2014-3, s. 1; SOR/2014-47, s. 1; SOR/2014-107, s. 1; SOR/2014-318, s. 1; SOR/2015-49, s. 1; SOR/2015-50, s. 1; SOR/2016-32, s. 1; SOR/ 2017-29, s. 1; SOR/2018-3, s. 1; SOR/2018-17, s. 1; SOR/2019-12, s. 1; SOR/2019-23, s. 1; SOR/2019-46, s. 1; SOR/2019-74, s. 1; SOR/2019-189, s. 1; SOR/2019-267, s. 1; SOR/ 2020-12, s. 1; SOR/2020-40, s. 1; SOR/2020-103, s. 1; SOR/2020-162, s. 1; SOR/2021-11, s. 1; SOR/2021-96, s. 1; SOR/2021-239, s. 1; SOR/2022-50, s. 1; SOR/2022-62, s. 1. 4 (1) In addition to the levy payable under section 3, each producer must pay a levy of 44.0 cents per kilogram of live weight of chicken marketed in an audit period in interprovincial or export trade by the producer in excess of the federal quota or federal specialty chicken quota allotted to the producer, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered facilities are located. (2) Subsection (1) applies in addition to any other measures that may be taken under the Act or under any order or regulations of CFC. Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Levies Sections 4-5 (3) For the purpose of determining marketings in excess of federal quota under subsection (1), there must be no reduction on account of marketings below federal market development quota for the same audit period. SOR/2014-145, s. 3; SOR/2015-228, s. 7(E). 5 (1) Every primary processor who holds a market development licence issued under the Canadian Chicken Licensing Regulations and who markets chicken produced under a federal market development quota must pay the following: (a) in the case of chicken that is not marketed during the market development commitment period, a levy of $1.00 per kilogram on the live weight equivalent of that chicken; (b) in the case of chicken that is not marketed before the end of the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately follows the market development commitment period, an additional levy of $0.60 per kilogram on the live weight equivalent of that chicken; (c) in the case of chicken, other than chicken referred to in paragraph (a) or (b), that is marketed by the primary processor to a buyer, or for an end-use, not referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken; (d) in the case of chicken, other than chicken referred to in paragraph (a) or (b), that is not marketed as one of the product categories set out in column 1 of the table to section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken; and (e) in the case of chicken, other than chicken referred to in paragraph (a) or (b), in respect of which the primary processor has not, within 21 days after each period (in this paragraph referred to as the “reporting period”) that is described by any of paragraphs (a) to (c) of the definition market development commitment period in section 1 and that is included in the market development commitment period during which chicken produced under the federal market development quota was marketed, provided sufficient information to CFC, or to any Commodity Board or person authorized by CFC to receive the information, to allow CFC to determine that the chicken was marketed during that reporting period to a buyer, and for an end-use, referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations as one of the product Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Levies Sections 5-7 categories set out in column 1 of the table to section 1 of Schedule 2 to those Regulations, a levy of $1.60 per kilogram on the live weight equivalent of that chicken. (2) For the purpose of subsection (1), the live weight equivalent of chicken is to be calculated using the coefficients set out in the schedule. SOR/2005-20, s. 1; SOR/2006-180, s. 1(F); SOR/2007-251, s. 2; SOR/2013-3, s. 2; SOR/ 2015-228, s. 7(E). 5.1 Every primary processor or producer who holds a specialty chicken licence and who markets chicken produced under a federal specialty chicken quota must pay a levy of $1.60 per kilogram on the live weight of any chicken that is marketed by them under a federal specialty chicken quota and that does not fall within the class, set out in Schedule 4 to the Canadian Chicken Licensing Regulations, for which the federal specialty chicken quota has been issued. SOR/2014-145, s. 4; SOR/2014-262, s. 1. Levy Collection 6 (1) If live chicken is purchased for interprovincial or export trade by a processor from a producer, the levy imposed under section 3 must be collected by the processor by deducting the amount of the levy from the money payable by the processor to the producer. (2) If live chicken is purchased for interprovincial or export trade by a dealer from a producer, the levy imposed under section 3 must be collected by the dealer by deducting the amount of the levy from the money payable by the dealer to the producer. 7 If a levy imposed under section 3 is to be collected by a processor or dealer under section 6, the processor or dealer must remit the levy to CFC, or to the Commodity Board or person authorized by CFC, not later than the Monday following the week in which the levy was collected under that section and, in any other case, the producer must remit the levy to CFC, or to the Commodity Board or person authorized by CFC, not later than two weeks after the sale of the live chicken in interprovincial or export trade. SOR/2007-251, s. 3; SOR/2015-228, s. 3(E). Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Levy Collection Sections 8-11.1 8 The levy to be remitted under section 7 must be accompanied by a statement, on a form approved by CFC, that sets out (a) in the case of the levy remitted by a processor or dealer, (i) the name and address of each producer from whom the levy was collected, (ii) the number of head and the number of kilograms of live chicken purchased from the producer, and (iii) the amount of levy remitted in respect of the producer; and (b) in the case of the levy remitted by a producer, (i) the name and address of the producer, (ii) the number of head and the number of kilograms of live chicken marketed by the producer, and (iii) the amount of levy remitted. 9 [Repealed, SOR/2015-228, s. 4] 10 (1) CFC, having obtained the concurrence of each Commodity Board, appoints each Commodity Board to collect the levies payable under subsection 4(1) on behalf of CFC. (2) Levies collected on behalf of CFC in accordance with subsection (1) are payable to CFC by each Commodity Board. SOR/2015-228, ss. 5, 7(E). 11 CFC shall issue a notice of assessment to every primary processor who must pay a levy under subsection 5(1). SOR/2006-180, s. 2. 11.1 (1) Within 20 days after the day on which the notice of assessment is received, the primary processor shall (a) pay the levy; or (b) advise CFC in writing that it intends to dispute the notice. (2) Within 30 days after the day on which the notice of assessment is received, the primary processor may dispute the notice by providing CFC with documents or information in writing the purpose of which is to establish that the failure to comply with the conditions set out in Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Levy Collection Sections 11.1-13 paragraph 5(3)(d) or (e) of the Canadian Chicken Licensing Regulations is due to an event that (a) was not reasonably foreseeable; (b) rendered it impossible, through no fault of the primary processor, for the primary processor to market the chicken for an end-use referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations; and (c) was beyond the control of the primary processor. SOR/2006-180, s. 2. 11.2 (1) If the documents or information establish that the failure is due to an event described in subsection 11.1(2), CFC shall issue to the primary processor a notice that cancels the notice of assessment but if CFC finds that the event described in that subsection was the cause of the failure to market in respect of only a portion of the marketings that were not made in accordance with the conditions of licence, CFC shall revise the assessment and issue a final assessment determination. (2) [Repealed, SOR/2015-228, s. 6] (3) The primary processor shall remit the levy within 35 days after the day on which the final assessment determination is received. SOR/2006-180, s. 2; SOR/2007-251, s. 4; SOR/2015-228, s. 6. 12 CFC shall issue a notice of assessment to every primary processor or producer who must pay a levy under section 5.1. SOR/2014-145, s. 5. 13 (1) Within 20 days after the day on which the notice of assessment is received, the primary processor or producer shall (a) pay the levy; or (b) advise CFC in writing that it intends to dispute the notice. (2) Within 30 days after the day on which the notice of assessment is received, the primary processor or producer may dispute the notice by providing CFC with documents or information, in writing, whose purpose is to establish that the failure to comply with the conditions set out in paragraph 5(7)(d) of the Canadian Chicken Licensing Regulations is due to an event that (a) was not reasonably foreseeable; (b) rendered it impossible, through no fault of the primary processor or producer, for the primary processor Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order Levy Collection Sections 13-14 or producer to market the classes of chicken for which the federal specialty chicken quota was issued; and (c) was beyond the control of the primary processor or producer. SOR/2014-145, s. 5; SOR/2014-262, s. 2. 14 (1) If the documents or information establish that the failure is due to an event described in subsection 13(2), CFC shall issue to the primary processor or producer a notice that cancels the notice of assessment but if CFC finds that the event described in that subsection was the cause of the failure to market in respect of only a portion of the marketings that were not made in accordance with the conditions of licence, CFC shall revise the assessment for the purposes of issuing a final assessment determination. (2) If CFC does not issue to the primary processor or producer a notice that cancels the notice of assessment, CFC shall issue a final assessment determination. (3) The primary processor or producer shall remit the levy within 35 days after the day on which the final assessment determination is received. SOR/2014-145, s. 5. Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Levies Order SCHEDULE SCHEDULE (Subsection 5(2)) 1 The following coefficients apply to the calculation of the live weight equivalent of chicken marketed: Column 1 Column 2 Item Product Category Full Live Weight Coefficient (%) Live birds Whole eviscerated birds without giblets Leg quarters Whole wings (3 joints) Bone-in breasts Boneless breasts Drums or thighs Boneless dark meat Split wings (2 joints) 2 If further processed products, other than mechanically separated meat and meat processed by advanced meat recovery systems, are derived from the products listed in section 1, the chicken meat component qualifies for the calculation of the live weight equivalent. Current to June 20, 2022 Last amended on May 8, 2022
CONSOLIDATION Civil Remedies (Insurance Companies and Insurance Holding Companies) Regulations SOR/2006-301 Current to June 20, 2022 Last amended on March 11, 2008 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 11, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 11, 2008 TABLE OF PROVISIONS Civil Remedies (Insurance Companies and Insurance Holding Companies) Regulations 1 Interpretation Civil Remedies Coming into Force SCHEDULE Current to June 20, 2022 Last amended on March 11, 2008 ii Registration SOR/2006-301 November 28, 2006 INSURANCE COMPANIES ACT Civil Remedies (Insurance Companies and Insurance Holding Companies) Regulations P.C. 2006-1426 November 28, 2006 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 294(1)a, (3)a and (6)a and 1021(1)b of the Insurance Companies Actc, hereby makes the annexed Civil Remedies (Insurance Companies and Insurance Holding Companies) Regulations. a S.C. 2005, c. 54, s. 272 b S.C. 2005, c. 54, s. 364 c S.C. 1991, c. 47 Current to June 20, 2022 Last amended on March 11, 2008 Civil Remedies (Insurance Companies and Insurance Holding Companies) Regulations Interpretation 1 In these Regulations, Act means the Insurance Companies Act. Civil Remedies 2 For the purpose of paragraph 294(1)(d) of the Act, the prescribed percentage of voting rights attached to all of the insurance company’s or insurance holding company’s outstanding shares is 10%. SOR/2008-87, s. 1(F). 3 For the purpose of subsection 294(3) of the Act, takeover bid means a take-over bid under any legislation that is set out in column 2 of the schedule. 4 For the purpose of paragraph 294(6)(c) of the Act, the prescribed circumstances are that the insider (a) entered into the purchase or sale of the security as an agent pursuant to a specific unsolicited order to purchase or sell; (b) made the purchase or sale of the security pursuant to participation in an automatic dividend reinvestment plan, share purchase plan or other similar automatic plan that the insider entered into before the acquisition of the confidential information; (c) made the purchase or sale of the security to fulfil a legally binding obligation that the insider entered into before the acquisition of the confidential information; or (d) purchased or sold the security as agent or trustee in the circumstances described in paragraph (b) or (c). Coming into Force 5 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on March 11, 2008 Civil Remedies (Insurance Companies and Insurance Holding Companies) Regulations SCHEDULE SCHEDULE (Section 3) TAKE-OVER BID Column 1 Column 2 Item Jurisdiction Legislation Ontario the definition take-over bid in subsection 89(1) of the Securities Act, R.S.O. 1990, c. S.5, as amend‐ ed from time to time Quebec the definition take-over bid in section 110 of the Securities Act, R.S.Q., c. V-1.1, as amended from time to time Nova Scotia the definition take-over bid in paragraph 95(1)(l) of the Securities Act, R.S.N.S. 1989, c. 418, as amended from time to time New Brunswick the definition take-over bid in subsection 106(1) of the Securities Act, S.N.B. 2004, c. S-5.5, as amended from time to time Manitoba the definition take-over bid in subsection 80(1) of The Securities Act, C.C.S.M., c. S50, as amended from time to time British Columbia the definition take over bid in subsection 92(1) of the Securities Act, R.S.B.C. 1996, c. 418, as amended from time to time Saskatchewan the definition take-over bid in paragraph 98(1)(j) of The Securities Act, 1988, S.S. 1988-89, c. S-42.2, as amended from time to time Alberta the definition take-over bid in paragraph 158(1)(r) of the Securities Act, R.S.A. 2000, c. S-4, as amended from time to time Newfoundland and Labrador the definition take-over bid in paragraph 90(1)(l) of the Securities Act, R.S.N.L. 1990, c. S-13, as amended from time to time Yukon the definition take-over bid in section 196 of the Business Corporations Act, R.S.Y. 2002, c. 20, as amended from time to time Northwest Territories the definition take-over bid in section 196 of the Business Corporations Act, S.N.W.T. 1996, c. 19, as amended from time to time Nunavut the definition take-over bid in section 196 of the Business Corporations Act (Nunavut), S.N.W.T. 1996, c. 19, as amended from time to time Current to June 20, 2022 Last amended on March 11, 2008
CONSOLIDATION Crew Accommodation Regulations C.R.C., c. 1418 Current to June 20, 2022 Last amended on July 1, 2007 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2007. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2007 TABLE OF PROVISIONS Regulations Respecting Crew Accommodation in Canadian Ships 1 Short Title Interpretation Applications and Exemptions Protection of Crew Accommodation Lighting Ventilation Drainage Measuring and Marking Deductions from Registered Tonnage Non-deductible Space Inspection Fees Current to June 20, 2022 Last amended on July 1, 2007 ii CHAPTER 1418 CANADA SHIPPING ACT, 2001 Crew Accommodation Regulations Regulations Respecting Crew Accommodation in Canadian Ships Short Title 1 These Regulations may be cited as the Crew Accommodation Regulations. Interpretation 2 In these Regulations, Act means the Canada Shipping Act; (Loi) apprentice includes a cadet and a midshipman; (apprenti) Board means the Board of Steamship Inspection; (Bureau) crew means the officers, seamen and apprentices of a ship; (équipage) inspector means a steamship inspector appointed under the Act; (inspecteur) new ship means (a) a ship the keel of which was laid on or after March 5, 1964, or (b) a ship that is registered in Canada on or after March 5, 1964, having previously been registered elsewhere than in Canada; (navire neuf) sanitary accommodation means washing accommodation and accommodation containing water closets or urinals; (installations sanitaires) sleeping room does not include a hospital ward. (poste de couchage) Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Applications and Exemptions Sections 3-4 Applications and Exemptions 3 (1) These Regulations apply to every ship required to be registered under the Act other than a fishing vessel, a pleasure yacht or a ship that is used for pulling or pushing any floating object. (2) The Board, or any inspector authorized by the Board, may, if it is considered appropriate to do so in the circumstances, exempt from the requirements of these Regulations (a) any ship that is not a new ship; (b) any ship under construction; (c) any ship undergoing trials; (d) any ship of under 300 tons, net registered tonnage; (e) any ship that is primarily employed in a harbour, river, estuary, lake or canal; (f) any passenger steamship in respect of which there is in force a passenger certificate limiting it to voyages other than foreign, home-trade Class I, home-trade Class II or inland Class I voyages; and (g) any ship engaged in the whaling or sealing industry. 1987, c. 7, s. 84(F). Protection of Crew Accommodation 4 The crew accommodation in every ship and the means of access to and egress from shall be constructed and arranged so as to provide to the greatest extent practicable for (a) the protection of the crew against injury; (b) the protection of the accommodation against the weather and the sea; (c) the insulation of the accommodation from excessive heat and cold; (d) the protection of the accommodation against moisture due to condensation; and (e) the exclusion from the accommodation of effluvium originating in other spaces in the ship. Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Protection of Crew Accommodation Sections 4-6 Lighting 5 (1) Subject to subsections (2) to (4), every part of the crew accommodation of a ship other than pantries, laundries, drying rooms, lockers and store rooms shall be properly lighted by natural light. (2) Where, in any space in a passenger steamer or in a ship engaged in the whaling or sealing industry, it is impracticable to provide proper natural light, natural light is not required if adequate electric light is always available in that space. (3) A ship may be exempted from the requirement of subsections (1) and (2) in respect of sanitary accommodation and passageways to the extent that it is considered that compliance therewith is unreasonable or impracticable in the circumstances. (4) The natural lighting of a sleeping room, mess room, recreation room or hospital ward is sufficient for the purposes of this section if it is sufficient to enable a person of normal vision to read a newspaper at any point in the room, being a point available for free movement, during daylight and in clear weather. 6 (1) In each ship an electrical system and an efficient alternative system of lighting or source of electric power shall be installed each of which shall be capable of providing adequate lighting in every part of the crew accommodation. (2) The electric lights shall be so arranged as to provide maximum benefit to the crew and shall include one reading light fitted at the head of each bed in a sleeping room or hospital ward, which light (a) shall be capable of being switched on and off from the bed; and (b) shall have a lamp capable of emitting an illumination of at least 270 lx. (3) A ship under 500 tons may be exempted from the requirements of section 5 and this section to the extent that (a) compliance with this section is unreasonable or impractical in the circumstances; and (b) other suitable artificial lighting is provided for the crew accommodation. Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Lighting Sections 6-7 (4) For the purpose of this section, the electric lighting of a space is adequate if, when the lamps and paintwork are new, the illumination at a height of 840 mm above the floor at every point midway between (a) two adjacent lamps, and (b) any lamp and the boundary of the space, is in accordance with the following table, subject to a tolerance of 10 per cent. TABLE Space to be illuminated Required illumination Passageways, companionways, hospital wards 54 lx Sleeping rooms, mess rooms, recreation rooms, store rooms, sanitary accommodation, laundries 108 lx Galleys, bakeries, pantries, offices, studies 215 lx at working positions (5) For the purpose of subsection (4), reading lights at the heads of beds shall not be taken into account in determining the illumination of a space except in the case of a sleeping room that accommodates only one person. SOR/78-77, s. 1. Ventilation 7 (1) The enclosed parts of the crew accommodation of a ship shall be ventilated by a system that will maintain the air therein in a state of purity adequate for the health and comfort of the crew. (2) The ventilation system referred to in subsection (1) shall be capable of being so controlled as to ensure a sufficiency of air movement under all conditions of weather and climate to which the ship is likely to be subjected during the voyages on which it is intended to be engaged and shall be additional to any side scuttles, skylights, companionways, doors or other apertures not intended solely for ventilation. (3) Every enclosed space forming part of the crew accommodation, being a space not ventilated by a trunked mechanical ventilation system, shall be provided with a natural system of inlet and exhaust ventilation. Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Ventilation Sections 7-8 (4) Every inlet ventilator forming part of the system referred to in subsection (1) being a ventilator situated in the open air, shall be of a cowl or other equally efficient type and shall be so situated that, as far as is practicable, it is not screened from the wind in any direction. (5) No ventilator shall be situated directly over a doorway, stairway or exhaust opening. (6) In spaces containing water closets, there shall be provided adequate natural ventilation regardless of any mechanical ventilation fitted therein, except that in a space containing one water closet for the use of not more than two persons, natural ventilation may be omitted if an adequate system of mechanical exhaust ventilation is fitted. (7) The sectional area of every part of an inlet and exhaust system, other than a part serving only a drying room or locker, shall be (a) at least 3870 mm2 for each person for whose use at any one time the space is appropriated; and (b) not less than 12 260 mm2 at any point in the system. (8) The effective area of the inlet and exhaust system serving each space shall be capable of being adjusted from fully open to a minimum of 1935 mm2 for each person likely to use the space at any one time. SOR/78-77, s. 2. Drainage 8 (1) Efficient drainage by pipes or channels shall be provided for every part of the crew accommodation situated on an open deck wherever such drainage is necessary for clearing water shipped from the sea. (2) There shall be no drainage from any source that is not sanitary accommodation into sanitary accommodation forming part of the crew accommodation. (3) Every space appropriated for use as sanitary accommodation shall be served by one or more scuppers that do not serve any space other than sanitary accommodation. Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Drainage Sections 8-9 (4) The scuppers referred to in subsection (3) shall be at least 50 mm in diameter and shall, subject to subsection (3), be situated wherever water is likely to collect on the floor of the space. (5) No scupper shall be required in any washing accommodation that is for the sole use of one person. SOR/78-77, s. 3. Measuring and Marking 9 (1) Subject to subsection (2), every sleeping room forming part of the accommodation for seamen or apprentices in any ship over 300 tons, net registered tonnage, and for which a deduction from tonnage is to be authorized, shall have (a) a minimum floor area of 1.394 m2, exclusive of spaces occupied by berths, for each person for which it is certified; (b) a cubical content of not less than 3.4 m3 per person; and (c) a notice as to the number of men it is constructed to accommodate stating “CERTIFIED TO ACCOMMODATE.... SEAMEN” (i) permanently cut in a beam and cut in or painted on or over the doorway or hatchway of the space, (ii) fitted over the door inside the space on a permanently fastened metal plate having embossed raised lettering or centre punching, or (iii) cut in and painted over the door inside the space. (2) In estimating the size of a sleeping room for any seamen and apprentices under subsection (1), the space occupied by any mess room, bathroom or washroom appropriated exclusively for the use of those seamen and apprentices may be taken into account to such extent as does not reduce the actual space in which those men sleep to less than (a) a cubic content of 2.04 m3 for each person for whom the space is certified; and (b) a floor area of 1.115 m2 per person exclusive of spaces occupied by berths. Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Measuring and Marking Sections 9-11 (3) The sleeping spaces appropriated for officers and crew shall not be certified to accommodate a larger number of seamen than the number for whom beds are provided at the time of measurement. (4) Parts of a space that do not form reasonable accommodation for the men shall not be included in the measurement of crew space and, without restricting the generality of the foregoing, there shall not be included in the measurement of the crew space (a) any narrow triangular spaces wherever situated; (b) any recessed places under ladder ways that are too narrow and confined for a man to stand in or move about in; (c) any spaces outside the inner side of a gutter waterway or the inner side of a raised covering board; and (d) in the case of a space where the sides tumble home, any space outside a vertical line from the floor meeting the side at a height of 1.83 m. SOR/78-77, s. 4. Deductions from Registered Tonnage 10 A deduction from the registered tonnage of a ship for crew accommodation shall not be authorized unless appropriate and properly constructed toilet accommodation is provided for the use of the crew. Non-deductible Space 11 In the measurement of a ship for the purpose of ascertaining her registered tonnage, no deduction shall be allowed for (a) any space appropriated for the storage of fresh water for the use of the crew; (b) any excess in volume of the space appropriated for the storage of provisions, other than fresh water, for the crew over 15 per cent of the total volume of the other spaces provided in the ship as crew accommodation and accommodation for the master of the ship; Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Non-deductible Space Sections 11-12 (c) any space forming part of the crew accommodation that has not been first included in the measurement of the ship’s tonnage; and (d) any sleeping space containing more beds than the number of beds necessary for the number of seamen that the space is certified to accommodate. Inspection 12 (1) The crew accommodation in every ship shall be inspected by an inspector whenever (a) the ship is registered or re-registered in Canada; (b) substantial alterations or repairs are made to any part of the crew accommodation in the ship; (c) the number of persons accommodated in any sleeping room is increased above that marked in accordance with section 9; (d) in the opinion of an inspector, there is reason to believe that any of the provisions of these Regulations have been contravened in respect of that ship, or that any condition subject to which the ship has been exempted from a requirement of these Regulations has not been satisfied; (e) a request for an inspection of the crew accommodation has been made by or on behalf of the owner of the ship or of any organization which appears to be representative of the owners of Canadian ships or of the seamen concerned; or (f) a complaint has been lodged in the manner set out in subsection (2). (2) A complaint referred to in subsection (1) shall (a) be in writing, signed by three members of the crew; (b) specify the respects in which it is alleged that the crew accommodation in the ship does not comply with these Regulations; (c) be lodged without undue delay; and (d) be lodged at least 24 hours before the ship is due to sail, unless the ship is in port for less than 24 hours. Current to June 20, 2022 Last amended on July 1, 2007 Crew Accommodation Regulations Fees Section 13 Fees 13 (1) Subject to subsection (2), the fee payable by the master of a ship for an inspection, and for travelling time related to the inspection, that is made pursuant to subsection 12(1) and carried out during the hours set out in column I of an item of the table to this subsection is the greater of the fees set out in columns II and III of that item. TABLE Item 1 Column I Column II Hours of inspection and travelling time Fee per hour or fraction of Minimum an hour Fee Column III Between 8:00 a.m. and 5:00 p.m., Monday to Friday, other than on a holiday $45 $ 45 Between 5:00 p.m. and 8:00 a.m., Monday to Friday, other than on a holiday 70 Any hour on a Sunday Other hours (1.1) Where the inspection and travelling time occur during hours that are set out in column I of more than one item of the table to subsection (1), the fee payable is the aggregate of the fees determined in respect of each applicable item. (2) No fee shall be payable for an inspection made (a) where the ship is registered, re-registered or remeasured; or (b) where an inspection is made pursuant to a complaint made under paragraph 12(1)(f) and the complaint proves to be unjustified. SOR/94-339, s. 1; SOR/95-268, s. 1; SOR/97-386, s. 2; SOR/98-123, s. 4(E). Current to June 20, 2022 Last amended on July 1, 2007
CONSOLIDATION Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Fraser River Population Order SOR/2016-83 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Fraser River Population Order Application Coming into Force Current to June 20, 2022 ii Registration SOR/2016-83 May 2, 2016 SPECIES AT RISK ACT Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Fraser River Population Order Whereas the White Sturgeon (Acipenser transmontanus) Upper Fraser River population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Fraser River Population Order. Ottawa, April 21, 2016 Hunter Minister of Fishe Le ministre des Pêc a S.C. 2002, c. 29 Current to June 20, 2022 Critical Habitat of the White Sturgeon (Acipenser transmontanus) Upper Fraser River Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the White Sturgeon (Acipenser transmontanus) Upper Fraser River population, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION CPTPP Rules of Origin for Casual Goods Regulations SOR/2018-222 Current to June 20, 2022 Last amended on December 30, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 30, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 30, 2018 TABLE OF PROVISIONS CPTPP Rules of Origin for Casual Goods Regulations Interpretation Casual Goods *5 Coming into Force Current to June 20, 2022 Last amended on December 30, 2018 ii Registration SOR/2018-222 October 30, 2018 CUSTOMS TARIFF CPTPP Rules of Origin for Casual Goods Regulations P.C. 2018-1324 October 29, 2018 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CPTPP Rules of Origin for Casual Goods Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on December 30, 2018 CPTPP Rules of Origin for Casual Goods Regulations Interpretation 1 In these Regulations, casual goods means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use. Casual Goods 2 Subject to section 4, casual goods that are acquired in a CPTPP country are considered to originate in that country and are entitled to the benefit of the CPTPP tariff applicable to that country if (a) the marking of the goods is in accordance with the marking laws of that CPTPP country and indicates that the goods are either the product of that country or the product of Canada; or (b) the goods do not bear a mark and nothing indicates that the goods are neither the product of that CPTPP country nor the product of Canada. 3 Subject to section 4, casual goods that are acquired in a CPTPP country — the marking of which is in accordance with the marking laws of that country and indicates that the goods are the product of a CPTPP country other than that country or Canada — are considered to originate in the CPTPP country indicated by that marking and are entitled to the benefit of the CPTPP tariff applicable to that CPTPP country. 4 The CPTPP tariffs referred to in sections 2 and 3 are the CPTPP tariffs applicable to a CPTPP country set opposite the reference to that country in the column “Tariff Treatment / Other” in the List of Countries set out in the schedule to the Customs Tariff. Coming into Force 5 These Regulations come into force on the day on which section 43 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act, chapter 23 of the Statutes of Canada 2018, comes into force, but if they are registered after that day, * Current to June 20, 2022 Last amended on December 30, 2018 CPTPP Rules of Origin for Casual Goods Regulations Coming into Force Section 5 they come into force on the day on which they are registered. * [Note: Regulations in force December 30, 2018, see SI/2018-101 and SI/2018-108.] Current to June 20, 2022 Last amended on December 30, 2018
CONSOLIDATION Communications Security Establishment Exclusion of Positions and Employees Approval Order C.R.C., c. 1342 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Approving the Exclusion by the Public Service Commission from the Operation of the Public Service Employment Act of Positions and Employees of the Communications Security Establishment Short Title Approval Current to June 20, 2022 ii CHAPTER 1342 PUBLIC SERVICE EMPLOYMENT ACT Communications Security Establishment Exclusion of Positions and Employees Approval Order Order Approving the Exclusion by the Public Service Commission from the Operation of the Public Service Employment Act of Positions and Employees of the Communications Security Establishment Short Title 1 This Order may be cited as the Communications Security Establishment Exclusion of Positions and Employees Approval Order. Approval 2 The exclusion, by the Public Service Commission, from the operation of the Public Service Employment Act, other than section 35 thereof, effective April 1, 1975, of all positions and employees of the Communications Security Establishment of the Department of National Defence, is hereby approved. Current to June 20, 2022
CONSOLIDATION Civil Service Insurance Regulations C.R.C., c. 401 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Civil Service Insurance 1 Short Title Interpretation General Adding Beneficiary and Varying Apportionment Proof of Death and Age Options of Payments to Beneficiary Risk Not Assumed 13 to 15 Medical Examiner and Medical Referee Civil Service Insurance Account Current to June 20, 2022 ii CHAPTER 401 CIVIL SERVICE INSURANCE ACT Civil Service Insurance Regulations Regulations Respecting Civil Service Insurance Short Title 1 These Regulations may be cited as the Civil Service Insurance Regulations. Interpretation 2 In these Regulations, Act means the Civil Service Insurance Act. (Loi) insurance contract, insured and insurance money [Revoked, SOR/88-130, s. 1] Minister [Revoked, SOR/88-130, s. 1] Superintendent [Revoked, SOR/88-130, s. 1] SOR/88-130, s. 1. General 3 Insurance contracts shall be signed by, or bear the lithographed or facsimile signature of the Minister, and be countersigned by the Superintendent. SOR/88-130, s. 2(F). 4 (1) A period of 30 days grace is allowed for the payment of any premium after the first premium during which period the contract shall remain in full force, but if the insured dies within that period, any overdue premiums shall be deducted from the amount of insurance money payable. (2) If, after an insurance contract has been in force for at least two years, two or more annual premiums or their half-yearly, quarterly or monthly equivalents having been paid thereon, any premium is not paid on or before its due date and remains unpaid at the expiration of a period of 30 days following its due date, the contract shall thereupon be deemed to be changed to one of paid-up insurance for such amount as the net level premium reserve under the contract, calculated according to the H.M. Current to June 20, 2022 Civil Service Insurance Regulations General Sections 4-6 Mortality Table of the Institute of Actuaries of Great Britain and a rate of interest of six per cent per annum, at the due date of the unpaid premium, will purchase when applied as at that date as a single premium on the basis of the said table of mortality and rate of interest. (3) Where a contract has been changed to one of paid-up insurance in accordance with subsection (2), and where less than five years have elapsed since the due date of the first unpaid premium, the contract may be reinstated to its original form if the insured pays all the overdue premiums and, if more than 90 days have elapsed since the due date of the first unpaid premium, also pays interest on the overdue premiums at a rate of six per cent per annum compounded annually from their respective due dates to the date of reinstatement and provides to the Minister evidence of insurability. (4) The insured may, with the consent of the beneficiary, surrender his insurance contract and there shall be paid to him upon such surrender a cash surrender value therefor equal to the level premium reserve under the contract calculated according to the H.M. Mortality Table of the Institute of Actuaries of Great Britain at a rate of interest of six per cent per annum. SOR/88-130, s. 3. Adding Beneficiary and Varying Apportionment 5 (1) A person who is eligible under the Act to be a beneficiary, but was not originally named as a beneficiary, may be made a beneficiary by an instrument signed by the insured if (a) the instrument is attached to the insurance contract; (b) an endorsement is made on the insurance contract with respect to the instrument; or (c) the instrument identifies or describes the insurance contract. (2) An apportionment of insurance money may be varied by a declaration of the insured. SOR/88-130, s. 4. Proof of Death and Age 6 A person claiming under an insurance contract shall furnish proof to the Superintendent of (a) the death of the insured; and Current to June 20, 2022 Civil Service Insurance Regulations Proof of Death and Age Sections 6-9 (b) the age of the insured, unless such proof of age has been given previously. SOR/88-130, s. 5. 7 If the age of the insured is understated in an application for an insurance contract, the amount payable under that contract shall be the amount that bears the same ratio to the sum assured that the premium proper to the age stated of the insured bears to the premium proper to the actual age of the insured, the stated age and the actual age being both taken as at the date of the contract; the premium proper herein referred to is the net annual premium shown by the mortality table mentioned in section 4, the rate of interest being six per cent as therein mentioned. 8 The age of the insured at his birthday nearest the date of an insurance contract shall be taken to be his age for the purpose of fixing and determining the premium payable by the insured under that contract. Options of Payments to Beneficiary 9 (1) The insurance money or the portion thereof to which any beneficiary is entitled may, at the option of the insured, be made payable in whole or in part (a) in one sum; (b) as an annuity-certain for a term of years; (c) as a life annuity to the beneficiary; or (d) as an annuity guaranteed for a term of 5, 10, 15 or 20 years and so long thereafter as the beneficiary lives. (2) If option (1)(b) or (d) is chosen, and if the beneficiary dies before the specified term of years has been completed, the remaining annuity payments payable within that term shall be payable to such other beneficiary or beneficiaries as the insured had designated for that purpose or, failing such designation, the commuted value of the remaining payments shall be payable in one sum to the beneficiary’s estate. (3) Notwithstanding section 10, where the annual payment that would be paid or that is in payment under an annuity is less than $240, (a) the insurance money or portion thereof to which a beneficiary is entitled, or Current to June 20, 2022 Civil Service Insurance Regulations Options of Payments to Beneficiary Sections 9-11 (b) the commuted value of the remaining annuity payments may, at the request of the beneficiary, be paid in one lump sum. (4) For the purposes of subsections (2) and (3), the commuted value of the remaining annuity payments shall be determined on the same actuarial bases as those used in determining the amount of the annual payment of the annuity. (5) The annuities payable under the Act shall be calculated on the basis of the 1971 Individual Annuity Mortality Table, as published in Vol. XXIII of the Transactions of The Society by Actuaries, and the following rates of interest: (a) for the first 15 years of the term of the annuity, an annual rate of interest equal to the most recent annual yield to maturity of all outstanding obligations of the Government of Canada as fixed by the Minister under subsection 113(2) of the Canada Pension Plan, plus 0.5 per cent rounded to the nearest 0.25 per cent; and (b) for the remainder of the term of the annuity, if any, an annual rate of 4.5 per cent. 10 (1) The insured shall elect in his application the plan on which the insurance money shall be paid and shall, in respect of each beneficiary, provide that, after his death, the plan elected (a) shall not be varied; or (b) may be varied at the option of the beneficiary; or (c) may be varied at the option of the beneficiary with the consent of the Minister. (2) The election made by the insured in his application may be subsequently varied by declaration of the insured endorsed upon or attached to the insurance contract. (3) A duplicate of any declaration made under subsection (2) shall be filed with the Minister at the time such declaration is made. 11 The insurance money payable under an insurance contract may be dealt with by the insured only to the extent authorized by the Act, and any attempted dealing therewith by pledge, assignment or otherwise not so authorized shall be void. Current to June 20, 2022 Civil Service Insurance Regulations Risk Not Assumed Sections 12-16 Risk Not Assumed 12 Self-destruction of the insured within two years from the date of an insurance contract is a risk that is not assumed in the contract, and if the insured dies from such cause within the said period the amount payable under the contract shall be the reserve thereon calculated in accordance with section 4. Medical Examiner and Medical Referee 13 to 15 [Revoked, SOR/88-130, s. 6] Civil Service Insurance Account 16 (1) There shall be an account in the Consolidated Revenue Fund to be called the Civil Service Insurance Account (in this section referred to as “the Account”) to which shall be credited all moneys received and to which shall be charged all moneys paid under the Act. (2) At the end of each fiscal year the liability outstanding arising out of contracts entered into under the Act shall be calculated by the Superintendent. (3) If the liability calculated under subsection (2) is greater than the balance of the Account at the date of such calculation, there shall be credited to the Account an amount equal to the excess of the liability over the balance of the Account. (4) If the liability calculated under subsection (2) is less than the balance of the Account at the date of such calculation, there shall be charged to the Account an amount equal to the amount by which the balance of the Account exceeds the liability. Current to June 20, 2022
CONSOLIDATION Order Amending the Schedule to the Customs Tariff (Conditions for Special Provisions for the Purposes of the United States Tariff (UST)) [Repealed, SOR/2020-154, s. 1] Current to June 20, 2022 Last amended on July 1, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2020 TABLE OF PROVISIONS Order Amending the Schedule to the Customs Tariff (Conditions for Special Provisions for the Purposes of the United States Tariff (UST)) Current to June 20, 2022 Last amended on July 1, 2020 ii
CONSOLIDATION Canadian Ownership and Control Determination Regulations, 1984 SOR/84-431 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Determination of the Canadian Ownership Rate and Control Status of a Person 1 Short Title PART I Interpretation and Application 2 Definitions Application Revised Unit Holders List Classes of Formal Equity and Classes of Forward Equity Exclusions from Formal Equity Equity-Relatedness Defined Direct Equity Percentage Defined Determination of Total Assets of Small Applicant Trust Property Prescription of Persons Qualified to Apply for a Certificate PART II Specified Canadian Ownership Rates 12 Canadian Ownership Rate of Applicants or Investors Canadian Ownership Rate of Small Applicant Canadian Ownership Rate of Secondary Investors Current to June 20, 2022 ii Canadian Ownership and Control Determination Regulations, 1984 TABLE OF PROVISIONS PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts 16 Canadian Ownership Rate Determination Canadian Ownership Rate of Investor Issued with a Certificate Units Owned by Investor Deemed Owned by Another Person Constrained Shares Unissued Units Deemed Issued and Outstanding Calculation of the Beneficial Canadian Ownership of a Class of Formal Equity Increases to Canadian Ownership Rate PART IV Administration 30 Currency of Information Effective Periods of Certificates Decrease in Canadian Ownership Rate Consent of Investors to Audit or Examination Prescription of Persons Required to Consent to Audit or Examination and of the Forms of Such Consent PART V Canadian Ownership Rates of Insurance Companies 36 Interpretation Segregated Funds Current to June 20, 2022 iv Canadian Ownership and Control Determination Regulations, 1984 TABLE OF PROVISIONS Deemed Canadian Ownership Rate of Life Insurance Company As Applicant or Investor Canadian Ownership Rate of Life Insurance Company As Investor Determination of Canadian Ownership Rate of Life Insurance Company Canadian Ownership Rate of Property and Casualty Companies PART VI Canadian Ownership Rates of Trusts 47 Interpretation Determining Beneficial Ownership of Classes of a Trust Beneficial Canadian Ownership of Classes of Formal Equity of a Trust Transitional Provisions SCHEDULE I SCHEDULE II SCHEDULE III Form of Consent To Audit for Investor Who Is an Individual SCHEDULE IV Form of Consent To Audit for Investor That Is Not an Individual Current to June 20, 2022 v Canadian Ownership and Control Determination Regulations, 1984 TABLE OF PROVISIONS SCHEDULE V Form of Consent To Audit for Nominee on Behalf of Investor SCHEDULE VI Current to June 20, 2022 v Registration SOR/84-431 May 31, 1984 CANADIAN OWNERSHIP AND CONTROL DETERMINATION ACT Canadian Ownership and Control Determination Regulations, 1984 P.C. 1984-1847 May 31, 1984 Her Excellency the Governor General in Council, on the recommendation of the Acting Minister of Energy, Mines and Resources, pursuant to section 52 of the Canadian Ownership and Control Determination Act*, is pleased hereby to revoke the Canadian Ownership and Control Determination Regulations made by Order in Council P.C. 1982-3929 of 23rd December, 1982** and to make the annexed Regulations respecting the determination of the Canadian ownership rate and control status of a person, in substitution therefor. * S.C. 1980-81-82-83, c. 107, Part II ** SOR/83-40, 1983 Canada Gazette Part II, p. 175 Current to June 20, 2022 Regulations Respecting the Determination of the Canadian Ownership Rate and Control Status of a Person Short Title 1 These Regulations may be cited as the Canadian Ownership and Control Determination Regulations, 1984. PART I Interpretation and Application Definitions 2 (1) In these Regulations, Act means the Canadian Ownership and Control Determination Act; (Loi) active member means (a) in relation to a defined benefit pension plan or a combined defined benefit defined contribution pension plan, an individual who is currently earning current service benefits in that plan, and (b) in relation to a defined contribution pension plan or a deferred profit sharing plan, an individual in respect of whom contributions are currently being made to the plan as a result of current service; (membre actif) applicant means a person who has submitted an application for a certificate under the Act; (demandeur) bearer unit means a unit of a class of formal equity or a unit of a class of forward equity of an entity in respect of which no records of unit holders are maintained by or on behalf of the entity; (unité au porteur) block [Revoked, SOR/85-847, s. 1] Canadian stock exchange means The Alberta Stock Exchange, the Montreal Exchange, The Toronto Stock Exchange, the Vancouver Stock Exchange or the Winnipeg Stock Exchange; (bourse de valeurs canadienne) Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Definitions Section 2 dealer means a person registered to trade or deal in security pursuant to the laws of a province; (courtier) defined benefit pension plan means a pension plan where the benefits under the plan are determined in accordance with a formula set forth in the plan and where the employer contributions under the plan are not so determined; (régime de pension à prestations fixes) defined contribution pension plan means a pension plan where the employer contributions and the employee contributions, if any, under the plan are determined in accordance with a formula set forth in the plan; (régime de pension à cotisations fixes) entity means a corporation, partnership or trust; (entité) forward equity means a right to acquire formal equity; (participation à terme) holding [Revoked, SOR/85-847, s. 1] inquiry means a request made by an entity that is an applicant or an investor, to a person that owns formal equity of that entity, for information in respect of the Canadian ownership rate of that person for the purposes of determining, in whole or in part, the Canadian ownership rate of that entity; (examen) market-maker means a registered trader or a registered arbitrage trading member within the meaning of the rules of the Toronto Stock Exchange or a person acting in a substantially similar capacity in connection with any other Canadian stock exchange; (contrepartiste) market-maker shares means units owned by a marketmaker that constitute units of the stock of responsibility of that market-maker and that constitute one-half of one per cent or less of a publicly traded class of formal equity; (actions de contrepartiste) measured block means a number of units of a class of formal equity that are owned by a person and that are equal to or greater than the number of units that constitute the measured block threshold for that class of formal equity; (tranche mesurée) measured block threshold, in respect of a particular class of formal equity, means (a) where the particular class is that of an applicant or of an investor that is equity-related to the applicant, one per cent, and Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Definitions Section 2 (b) where the particular class is that of an investor other than an investor referred to in paragraph (a), 5 per cent, of the units of the particular class or, where the particular class is one of two or more classes of formal equity the units of which would form part of the same class of formal equity if they were actually issued and outstanding, of the units of such one of those two or more classes as has the greatest number of units; (seuil d’une tranche mesurée) primary investor means, with respect to an applicant, an investor (a) of whom an inquiry is made by an applicant or by an investor that is equity-related to the applicant, (b) who is not equity-related to the applicant, and (c) who owns formal equity of the applicant or the investor referred to in paragraph (a); (investisseur primaire) public entity means an entity with one or more publicly traded classes of formal equity, all the units of which would, if owned by one person, represent a direct equity percentage of 15% or more in respect of the entity; (entité publique) publicly traded class of formal equity or publicly traded class of forward equity means a class of formal equity or a class of forward equity, as the case may be, any unit of which is traded in the open market in the manner in which a unit thereof would normally be traded in the open market by a member of the public; (catégorie de participation ordinaire librement négociable or catégorie de participation à terme librement négociable) published market means a Canadian stock exchange on which units of a publicly traded class of formal equity are listed or any other market on which such units are traded, if the prices at which they have been traded on that other market are regularly published in a bona fide newspaper or in a business or financial publication of general distribution and regular paid circulation; (cours affiché du marché) recorded owner means the owner of record of formal equity of an entity; (possesseur inscrit) revised unit holders list means a revised unit holders list prepared pursuant to section 4; (liste révisée des détenteurs d’unités) Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Definitions Section 2 secondary investor means, with respect to an applicant, an investor (a) of whom an inquiry is made by another investor that is not equity-related to the applicant, and (b) who owns formal equity of the investor making the inquiry; (investisseur secondaire) significant holding [Revoked, SOR/85-847, s. 1] small applicant means an applicant that is an entity (a) that has total assets calculated in accordance with section 9 of less than $50,000,000, (b) [Revoked, SOR/85-847, s. 1] (c) that has no knowledge or reason to believe that the Canadian ownership rate of the entity that would be determined under the Act and these Regulations, if section 14 did not apply, is less than 75%, and (d) that has no units listed, registered or qualified for trading on a stock exchange or other trading facility, other than a Canadian stock exchange or Canadian trading facility, as a consequence of an application for such listing, registration or qualification made by the entity or in which the entity has participated directly or indirectly; (petit demandeur) stock of responsibility means all or part of a publicly traded class of formal equity designated as the stock of responsibility of a market-maker in accordance with the rules of The Toronto Stock Exchange or substantially similar rules of any other Canadian stock exchange; (charge de contrepartiste) unit means (a) in relation to a class of formal equity of an entity, subject to subsection 5(3) and Part VI, any particular share, right or interest that is formal equity of that entity, and (b) in relation to a class of forward equity of an entity, any instrument other than an agreement described in section 23, that confers a right to acquire units of a class of formal equity of that entity, other than a right that may be terminated prior to the commencement of the period during which the right may be exercised; (unité) unit holders list means a record kept by or on behalf of an entity that identifies the recorded owners of units of a class of formal equity or units of a class of forward equity of that entity; (registre) Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Definitions Section 2 unit trust means a trust under which the interest of a beneficiary is measured by reference to one or more defined shares, whether of one or more classes, in the property of the trust. (fiducie d’investissement à participation unitaire) (2) Subject to subsection (2.1), for the purpose of determining whether a person has a number of units of a class of formal equity equal to or greater than the number of units thereof that constitute the measured block threshold therefor, two or more entries on an entity’s unit holders list that show units of the class of formal equity as being registered in the name of a particular person, or in the name of a particular member of a class of persons referred to in Schedule I, shall be deemed to be registered in substantially the same manner and considered to be one entry if (a) the entries show substantially the same address and there is no account identification number or other feature that distinguishes the entries from each other; (b) the entries show different addresses but the entity has knowledge or reason to believe that the units are owned by the same person; or (c) the entries show different account identification numbers or other features that distinguish the entries from each other but show the same or substantially the same address and the entity has knowledge or reasons to believe that the units are owned by the same person. (2.1) An entry in a unit holders list of units of a class of formal equity shall not be taken into account for the purpose of subsection (2) unless the entry relates to a number of units equal to or greater than 10 per cent of the number of units that constitute the measured block threshold for that class of formal equity. (3) Notwithstanding the definition measured block threshold in subsection (1), where an applicant or an investor has two or more classes of formal equity to which are attached rights, other than voting rights, that are Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Definitions Sections 2-4 substantially similar, the measured block threshold for each such class shall be deemed to be the number of units that constitute the measured block threshold for such one of those two or more classes as, apart from this subsection, would have the largest number of units in its measured block threshold. SOR/85-847, s. 1. Application 3 These Regulations apply for the purpose of determining or calculating the Canadian ownership rate in respect of any application filed on or after June 1, 1984. Revised Unit Holders List 4 (1) An entity may prepare a revised unit holders list and may include therein the following: (a) any entry on the entity’s unit holders list relating to units of a class of formal equity with respect to which the entity has no knowledge or reason to believe that they are owned by a person other than the recorded owner; (b) any entry on the entity’s unit holders list relating to units of a class of formal equity that are not referred to in paragraph (a) if the number of units to which the entry relates is less than the number of units that constitute the measured block threshold for that class of formal equity; (c) any entry consisting of a statement of the number of units of a class of formal equity owned by any person; (d) any entry consisting of a statement of a number of units of a class of formal equity held for persons with addresses in Canada if each such person has a number of units thereof that is less than the number of units that constitute the measured block threshold for that class of formal equity; and (e) any other entry that the entity demonstrates to the Minister that it is necessary to include in order to show accurately the ownership of any units. (2) and (3) [Revoked, SOR/85-847, s. 2] (4) For the purposes of paragraph (1)(a) an entity shall be deemed to have reason to believe that units shown on its records are owned by a person other than the recorded owner of those units if the recorded owner is a person Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Revised Unit Holders List Sections 4-5 or a member of a class of persons referred to in Schedule I. SOR/85-847, s. 2. Classes of Formal Equity and Classes of Forward Equity 5 (1) For the purposes of these Regulations, (a) a class of formal equity of a partnership or trust, subject to subsections (2) and (3), comprises all substantially similar units; and (b) a class of formal equity of a corporation comprises all shares that are part of the same class of the corporation or, if the class consists of more than one series, of the same series. (2) For the purposes of these Regulations, an applicant or investor may elect that additional units of a class of formal equity issued on or after any day selected by that applicant or investor in respect of that class under paragraph 30(1)(c) shall constitute a separate class of formal equity. (3) For the purposes of these Regulations, (a) all rights expressed as a fixed percentage of income or revenue that in the aggregate represent 100% of that income or revenue at a particular time, (b) all rights expressed as a fixed percentage of capital that in the aggregate represent 100% of that capital at a particular time, or (c) all rights expressed as a fixed percentage of income and capital or revenue and capital that in the aggregate represent 100% of that income and capital or revenue and capital at a particular time in respect of all or a specified portion of the property of a partnership constitute a class of formal equity that shall be deemed to compromise 100 units owned by the owners of interests in the class of formal equity in the proportions that their interests represent of that class of formal equity. (4) For the purposes of these Regulations, a class of forward equity comprises all units the attributes of which are identical and that were issued on the same day and at the same price if any. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Classes of Formal Equity and Classes of Forward Equity Sections 5-7 Exclusions from Formal Equity 6 (1) There shall, for the purpose of determining the Canadian ownership rate of any person or class of persons, be excluded from the formal equity of a corporation, (a) during a 60 day period from the day on which the underwriting agreement was signed, any share of a publicly traded class of formal equity that a dealer, acting as an underwriter pursuant to an underwriting agreement, owns; (b) any unit that was a bearer unit on February 9, 1982; and (c) any unit that has a fixed or determinable yield not exceeding a reasonable yield in relation to the market yield of a comparable unit on the date of issue of the unit. (2) For the purposes of paragraph (1)(c), the calculation of the yield shall take into consideration any incentive that the person or class of persons referred to in that subsection would, based on a Canadian ownership rate determined as if the unit and all other units of the same class of formal equity were included in formal equity, be qualified to receive pursuant to the Petroleum Incentives Program Act in respect of the consideration paid on the issue of the units. (3) Where, in respect of units of a class of formal equity of an entity, the entity would have a total equity percentage of 100% calculated as if those units constituted all the formal equity of the entity, those units shall be excluded from formal equity for the purpose of determining the Canadian ownership rate of that entity. Equity-Relatedness Defined 7 (1) For the purposes of these Regulations, equity-related persons or persons equity-related to each other means (a) individuals connected by blood relationship, marriage or adoption; Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Equity-Relatedness Defined Section 7 (b) an entity and (i) a person who has a direct equity percentage in the entity of more than 50%, (ii) a person who is a member of an equity-related group the members of which have an aggregate direct equity percentage in the entity of more than 50%, or (iii) any person equity-related to a person described in subparagraph (i) or (ii); or (c) any two entities (i) if one person has a direct equity percentage in each entity of more than 50% or the members of one equity-related group of persons have an aggregate direct equity percentage in the entity of more than 50%, (ii) if one person has a direct equity percentage in one of the entities of more than 50% and that person is equity-related to a person who has a direct equity percentage in the other entity of more than 50%, (iii) if one person has a direct equity percentage in one of the entities of more than 50% and that person is equity-related to any member of an equityrelated group the members of which have an aggregate direct equity percentage in the other entity of more than 50%, (iv) if one person has a direct equity percentage in one entity of more than 50% and that person is equity-related to each member of an unrelated group the members of which have an aggregate direct equity percentage in the other entity of more than 50%, (v) if any member of an equity-related group the members of which have an aggregate direct equity percentage in one of the entities of more than 50% is equity-related to each member of an unrelated group the members of which have an aggregate direct equity percentage in the other entity of more than 50%, (vi) if each member of an unrelated group the members of which have an aggregate direct equity percentage in one of the entities of more than 50% is equity-related to at least one member of an unrelated group the members of which have an aggregate direct equity percentage in the other entity of more than 50%, or Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Equity-Relatedness Defined Sections 7-8 (vii) if any member of an equity-related group the members of which have an aggregate direct equity percentage in one of the entities of more than 50% is equity-related to each member of an equity-related group the members of which have an aggregate direct equity percentage in the other entity of more than 50%. (2) Where two entities are equity-related to the same entity, the entities are, for the purposes of these Regulations, equity-related to each other. (3) For the purposes of these Regulations, (a) equity-related group means a group of persons each member of which is equity-related to every other member of the group; (b) unrelated group means a group of persons that is not an equity-related group; and (c) where a person has a direct equity percentage in two or more entities, that person is, as a person having a direct equity percentage in one of the entities, equity-related to himself as a person having a direct equity percentage in each of the other entities. (4) For the purposes of these Regulations, (a) persons are connected by blood relationship if one is the child or other descendant of the other or if one is the brother or sister of the other; (b) persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other; and (c) persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is connected by blood relationship, otherwise than as a brother or sister, to the other. Direct Equity Percentage Defined 8 (1) For the purposes of paragraph (b) of the definition direct equity percentage in subsection 35(1) of the Act, direct equity percentage means Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Direct Equity Percentage Defined Section 8 (a) where factors by which all classes of formal equity of the particular person referred to in that paragraph may be weighted are determined in a manner acceptable to the Minister, the sum of the products obtained when the number of units in each class of formal equity of the particular person referred to in that paragraph that is owned by the person referred to in that paragraph are multiplied by the corresponding weighting factor referred to in subsection (2), expressed as a percentage of the sum of the products obtained when the total number of units in each class of formal equity of the particular person is multiplied by the corresponding weighting factor referred to in subsection (2); and (b) where factors by which all classes of formal equity of the particular person referred to in that paragraph may be weighted cannot be determined in a manner acceptable to the Minister, the greater of (i) the greatest of the results obtained when the sums of the products obtained by multiplying the number of units owned by the person referred to in that paragraph in the classes of formal equity of the particular person for which relative weighting factors can be determined in a manner acceptable to the Minister by the corresponding weighting factors referred to in subsection (2) are each expressed as a percentage of the sum of the products obtained when the total numbers of units in those classes are multiplied by the corresponding weighting factors referred to in subsection (2), and (ii) the greatest of the results obtained when the number of units in each class of formal equity of the particular person that is owned by the person for which a weighting factor cannot be determined in a manner acceptable to the Minister is expressed as a percentage of the number of units in that class. (2) For the purposes of subsection (1) (a) where factors by which all classes of formal equity of the particular person referred to in that subsection may be weighted are determined in a manner acceptable to the Minister, the weighting factor for a class of formal equity shall be the weighting factor that would be determined for that class under paragraph 16(3)(a) if each class of formal equity were to consist of the same number of units; and (b) where factors by which all classes of formal equity of the particular person referred to in that subsection may be weighted cannot be determined in a manner acceptable to the Minister, the weighting factor for a class of formal equity shall be the weighting fact that Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Direct Equity Percentage Defined Sections 8-9 would be determined for that class under subparagraph 16(3)(b)(i) if each relevant class of formal equity were to consist of the same number of units. Determination of Total Assets of Small Applicant 9 (1) For the purpose of paragraph (a) of the definition small applicant in subsection 2(1), the total assets of an entity are, subject to subsection (4), the greatest of (a) the assets of the entity that would be shown on its balance sheet, (b) the assets that would be shown on any consolidated balance sheet of the entity, and (c) where the entity’s assets would be included in the consolidated balance sheet of any other entity, the assets that would be shown on the consolidated balance sheet of that other entity, as at the end of the most recently completed fiscal period of the relevant entity, if the balance sheet or consolidated balance sheet, as the case may be, were prepared in accordance with the applicable standards of the Canadian Institute of Chartered Accountants as set out in the Canadian Institute of Chartered Accountant’s Handbook or, where such standards are not so set out, in accordance with generally accepted accounting principles. (2) For the purposes of subsection (1), where the most recently completed fiscal period of an entity ended not earlier than 180 days prior to the day on which an application is filed by the entity in substantial compliance with the Act and these Regulations and no balance sheet is available for that fiscal period, the immediately preceding completed fiscal period of the entity is its most recently completed fiscal period. (3) An entity that does not have a completed fiscal period may, for the purposes of subsection (1), elect that a period commencing on the day it commenced doing business and ending on any day not earlier than 180 days prior to the date on which an application is filed by the entity in substantial compliance with the Act and these Regulations shall be its most recently completed fiscal period. (4) Where, in the opinion of the Minister, the total assets shown on the balance sheet or consolidated balance sheet of an entity do not fairly represent the total assets of that entity, the Minister may, for the purposes of these Regulations, adjust those assets in the manner he considers appropriate. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART I Interpretation and Application Determination of Total Assets of Small Applicant Sections 9-12 (5) [Revoked, SOR/85-847, s. 3] SOR/85-847, s. 3. Trust Property 10 A unit of formal equity of an entity that is held in trust by a trustee shall, for the purposes of determining the Canadian ownership rate of any person or class of persons, be deemed to be owned by the trust and any beneficial interest of a person in that unit shall be deemed to be formal equity of the trust owned by the person. Prescription of Persons Qualified to Apply for a Certificate 11 A corporation incorporated outside Canada is qualified to apply for a certificate if (a) all of its formal equity is owned by a corporation incorporated in Canada; (b) it was incorporated prior to October 29, 1980; and (c) its activities have been conducted primarily in Canada at all times after October 28, 1980. PART II Specified Canadian Ownership Rates Canadian Ownership Rate of Applicants or Investors 12 (1) For the purposes of these Regulations Her Majesty in right of Canada or a province and the following, whether as applicants or investors, are considered to have a Canadian ownership rate of 100%: (a) an individual who is qualified to apply for a certificate under the Act; (b) a trust governed by a registered retirement savings plan or a registered retirement income fund within the meaning of the Income Tax Act if the beneficiary of the trust is an individual qualified to apply for a certificate; (c) a trust governed by a deferred profit sharing plan within the meaning of the Income Tax Act; Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART II Specified Canadian Ownership Rates Canadian Ownership Rate of Applicants or Investors Section 12 (d) a pension trust or pension corporation in respect of a fund governed by a defined contribution pension plan; (e) a pension trust or pension corporation in respect of a fund governed by a defined benefit pension plan or a combined defined benefit defined contribution pension plan and having at least twenty-five active members; (f) a trust that is a public entity if (i) any trustee of the trust that is a corporation is licensed or otherwise authorized under the laws of Canada or a province to carry on the business of offering to the public its services as trustee, (ii) not less than 80% of all trustees of the trust who are individuals are qualified to apply for a certificate, and (iii) the trustees or administrators of the trust have no knowledge or reason to believe that less than 90% of the aggregate value of all units in the trust is held for the benefit of persons who would qualify for a Canadian ownership rate of 100%; (g) a cooperative corporation organized under the laws of Canada or a province, if (i) at least 90% of the members and 90% of the shareholders, if any, of the corporation are shown on the records of the corporation as having addresses in Canada, (ii) at least 90% of the shares, if any, of the corporation are shown on the records of the corporation as being registered in the names of persons having addresses in Canada, and (iii) the corporation has no knowledge or reason to believe that less than 90% of the members and 90% of the shareholders, if any, of the corporation are persons who would qualify for a Canadian ownership rate of 100%, or that less than 90% of the shares are owned by persons who would qualify for a Canadian ownership rate of 100%; and (h) an entity that is a registered charity under the Income Tax Act. (2) An individual who is not qualified to apply for a certificate under the Act shall be considered to have a Canadian ownership rate of nil. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART II Specified Canadian Ownership Rates Canadian Ownership Rate of Applicants or Investors Sections 13-15 13 Notwithstanding paragraphs 12(1)(c), (d) and (e), a trust, a pension trust or pension corporation referred to in those paragraphs shall not be considered to have a Canadian ownership rate of 100% unless (a) the plan is registered under the Income Tax Act; (b) at least 80% of any trustees who are individuals are qualified to apply for a certificate under the Act; (c) at least 90% of the active members are shown on the records maintained in respect of the plan as having addresses in Canada; and (d) the administrators, trustees or insurers of the trust or corporation have no knowledge or reason to believe that less than 90% of the active members are persons who would qualify for a Canadian ownership rate of 100%. Canadian Ownership Rate of Small Applicant 14 The Canadian ownership rate of a small applicant is 75%. Canadian Ownership Rate of Secondary Investors 15 (1) Where a secondary investor would, in the application of the Investment Canada Act, be determined pursuant to subsection 26(1) of that Act to be a Canadiancontrolled entity for the purposes of that Act, the secondary investor may elect to be treated as having a Canadian ownership rate of 100% in respect of an application if the aggregate of (a) the direct and indirect equity percentages in respect of the applicant of the secondary investor, and (b) the direct and indirect equity percentages, in respect of the applicant, of all secondary investors that are equity-related to the secondary investor and that make an election under this subsection does not exceed 10%. (2) This section does not apply to any secondary investor (a) that is also a primary investor in respect of the relevant applicant; Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART II Specified Canadian Ownership Rates Canadian Ownership Rate of Secondary Investors Sections 15-16 (b) that is equity-related to that applicant or to any primary investor; or (c) to whom a certificate based on a Canadian ownership rate referred to in section 14 has been issued and is in effect. SOR/85-847, s. 4. PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Canadian Ownership Rate Determination 16 (1) Subject to Parts II and V and section 50, the Canadian ownership rate of an entity shall be determined in accordance with this Part. (2) Subject to subsection (5) and sections 28 and 29, the Canadian ownership rate of an entity having one class of formal equity shall be obtained by calculating the beneficial Canadian ownership of that class of formal equity determined in accordance with section 25, rounded to the nearest whole number. (3) Subject to subsection (5) and sections 28 and 29, the Canadian ownership rate of an entity that has more than one class of formal equity shall be obtained by calculating (a) the average of the beneficial Canadian ownerships of all classes of formal equity of the entity, each weighted by a factor determined in a manner acceptable to the Minister, rounded to the nearest whole number, or (b) where factors by which each class of formal equity of the entity may be weighted cannot be determined in a manner acceptable to the Minister, the lower (i) of the lowest of each of the averages of the beneficial Canadian ownerships of any classes of formal equity of the entity for which weighting factors can be determined in a manner acceptable to the Minister, each weighted by the applicable factor, and (ii) the lowest of the beneficial Canadian ownerships of any classes of formal equity of the entity for Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Canadian Ownership Rate Determination Sections 16-17 which a weighting factor cannot be determined in a manner acceptable to the Minister, rounded to the nearest whole number. (4) Where a factor by which the beneficial Canadian ownership of a class of formal equity of an entity may be weighted with that of each other class of formal equity cannot be determined in a manner acceptable to the Minister and the Minister considers it appropriate, all units of that class shall be excluded from formal equity for the purposes of subsection (3) and the definition formal equity in subsection 35(1) of the Act. (5) Subject to sections 28 and 29 the Canadian ownership rate of a pension trust, pension corporation or trust governed by a deferred profit sharing plan shall be obtained by calculating (a) with respect to a trust or pension corporation referred to in paragraph 12(1)(c), (d) or (e) that would have a Canadian ownership rate of 100% but for paragraph 13(b), (c) or (d), the proportion x/y, expressed as a percentage rounded to the nearest whole number, where (i) x is the number of its active members who are persons with addresses in Canada, and (ii) y is the total number of its active members; and (b) with respect to a pension trust or pension corporation in respect of a fund referred to in paragraph 12(1)(e) that would qualify for a Canadian ownership rate of 100% but for the fact that it has less than twenty-five active members, the proportion x/y, expressed as a percentage rounded to the nearest whole number, where (i) x is the total liabilities of the fund in respect of individuals qualified to apply for a certificate, and (ii) y is the total liabilities of the fund in respect of all members. SOR/85-847, s. 5. 17 Where two or more entities have reciprocal ownership of units of classes of formal equity that are included in a measured block, the beneficial Canadian ownership of such classes shall be determined by solving the system Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Canadian Ownership Rate Determination Sections 17-19 of simultaneous equations that define the beneficial Canadian ownership of each such class. SOR/85-847, s. 6. Canadian Ownership Rate of Investor Issued with a Certificate 18 Subject to section 29, and notwithstanding any other provision of these Regulations (a) the Canadian ownership rate of an investor to whom a certificate, other than a certificate based on a Canadian ownership rate referred to in section 14 of these Regulations or in section 9 of the Canadian Ownership and Control Determination Regulations, has been issued shall, on any day of a period that begins on the day of issue of the certificate and terminates on the day the effective period of the certificate terminates, be the Canadian ownership rate determined by the Minister in respect of which that certificate was applied for less any percentage points added pursuant to subsection 28(1); and (b) an investor to whom a certificate based on a Canadian ownership rate referred to in section 14 has been issued may elect that its Canadian ownership rate shall be deemed to be 75% on any day on which that certificate is in effect. Units Owned by Investor Deemed Owned by Another Person 19 Subject to section 20, a person who has a right under a contract to acquire a number of units of a class of formal equity that constitute a measured block or a number of units of a class of forward equity that, on conversion into formal equity, would constitute a measured block shall be deemed to be the owner of those units unless (a) the Canadian ownership rate of that person is equal to or greater than the Canadian ownership rate of the actual owner, (b) and (c) [Revoked, SOR/85-847, s. 7] (d) the contract is an exchange-traded option contract, (e) the contract provides that the units will be acquired at not less than fair market value as at the date of acquisition, Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Units Owned by Investor Deemed Owned by Another Person Sections 19-21 (f) the right under the contract is contingent on an event that could not reasonably be expected to occur, (g) the right under the contract cannot be exercised until the death of the actual owner of the units, or (h) the right under the contract is held solely for the purpose of safeguarding the interests of that person in respect of a loan made or debt purchased by that person. SOR/85-847, s. 7. 20 (1) Where a person has an unconditional right under a contract of purchase and sale to units of a class of formal equity or of a class of forward equity, and the agreement of purchase and sale was entered into not more than two years prior to the day selected under paragraph 30(1)(c) in respect of the class, he shall be deemed for the purposes of these Regulations to be the owner of those units. (2) Where two or more persons own a unit of a class of formal equity or of a class of forward equity the person having the lowest Canadian ownership rate shall be deemed to be the sole owner of the unit. (3) Where two or more persons have a right to a unit of a class of formal equity or of a class of forward equity described in section 19 or subsection (1), the person having the lowest Canadian ownership rate shall be deemed to have the only such right thereto. Constrained Shares 21 (1) Subject to subsection (2), where any shares of a class of formal equity of a corporation that is an applicant or investor may be sold by the corporation without the consent of the owner of those shares and the corporation gives notice of the proposed sale before the day the application is filed in substantial compliance with the Act and these Regulations, the shares shall be deemed to be owned by a person having a Canadian ownership rate required of a purchaser by the constating documents of the corporation on the day selected by the corporation under paragraph 30(1)(c). (2) Subsection (1) does not apply unless the applicant submits with its application an undertaking of the corporation referred to in that subsection (a) to complete the sale within twelve months from the date of receipt of the application acknowledged by the Minister pursuant to subsection 39(1) of the Act; and Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Constrained Shares Sections 21-22 (b) to advise the Minister of the date of the completion of the sale. (3) Where the ownership of any units of a class of formal equity of a corporation is restricted by the constating documents of the corporation to persons having a minimum specified Canadian ownership rate, all such units shall be deemed to be owned by a person having the Canadian ownership rate required of the owner by the constating documents of the corporation if the corporation provides the Minister with an undertaking acceptable to the Minister to enforce the restriction throughout the effective period of the relevant certificate. Unissued Units Deemed Issued and Outstanding 22 (1) For the purposes of this section, (a) a reference to an “applicant” includes an investor that is equity-related to the applicant and any investor that has a direct equity percentage or indirect equity percentage in respect of the applicant of 10% or more and any other investor that elects to be subject to this section; and (b) the number of units of a class of formal equity issuable in connection with a class of forward equity shall be the number issuable on the day selected under paragraph 30(1)(c) with respect to the class of formal equity or if no units of the class of formal equity are issued, the latest of the days selected for all classes of formal equity, or where no units are issuable on that day, on the day next following that day on which the units are issuable; (c) [Revoked, SOR/85-847, s. 8] (2) For the purposes of paragraph (7)(b) and subject to subsections (3), (4) and (6), the “market price” of a unit of a class of formal equity on any day is the simple average of the closing prices of units of that class for each day on which there was a closing price that falls not more than ten days, exclusive of Saturdays, Sundays and holidays, before that day. (3) Where there is more than one published market for a unit and only one such published market is within Canada, the closing price of that unit shall be determined solely by reference to the published market in Canada. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Unissued Units Deemed Issued and Outstanding Section 22 (4) Where there is more than one published market for a unit and (a) more than one such published market is in Canada, or (b) no such published market is in Canada, the closing price of that unit shall be determined solely by reference to the published market within or outside Canada, as the case may be, on which the greatest volume of trading in the unit occurred during the ten days, exclusive of Saturdays, Sundays and holidays, before the day referred to in subsection (2). (5) For the purposes of subsections (2), (3), (4) and (7), closing price on any day means, with respect to a class of formal equity in respect of which there is a published market, (a) the price per unit at which the last trade in that class of formal equity was effected in the published market on that day, exclusive of (i) odd lot transactions, and (ii) block transactions and other transactions effected in a manner that is recognized by the rules of the published market and that differs from the conventional pricing process applicable to that market; or (b) on a day in which no transactions other than transactions referred to in subparagraphs (a)(i) and (ii) occurred and as to which closing bid and ask prices were published, the average of such bid and ask prices. (6) For the purposes of subsection (7), conversion price means the aggregate of (a) the proportion x/y, where (i) x is the lesser of (A) the price paid by the first purchaser from the entity, or a person acting as an underwriter for the entity, for the unit of a class of forward equity, and (B) nil, if the unit of a class of forward equity would have a value of nil on the day selected under paragraph 30(1)(c) if the right to acquire the units of a class of formal equity conferred by the unit of a class of forward equity had expired immediately prior to that day, and Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Unissued Units Deemed Issued and Outstanding Section 22 (ii) y is the number of units issuable pursuant to the exercise of the right conferred by the unit of a class of forward equity on the day selected under paragraph 30(1)(c) or, if no units are so issuable on that day, on the day next following that day on which they are so issuable; and (b) any consideration payable to the entity in connection with the issue of a unit of a class of formal equity upon exercise of such right. (7) Where units are issuable that, if issued would form part of a publicly traded class of formal equity of an applicant, are issuable pursuant to the exercise of a right conferred by a unit of a class of forward equity that is not a bearer unit and (a) the unit of a class of forward equity was issued not more than five years prior to the day selected under paragraph 30(1)(c) with respect to the class of formal equity or if no units of the class of formal equity are issued, the latest of the days selected for all classes of formal equity in respect of the class of formal equity and the conversion price does not exceed (i) the closing price, where the unit was issued pursuant to a final prospectus or other similar public offering document, on the date of that prospectus or offering document, or (ii) in any other case, the closing price immediately prior to the time at which the last of the attributes of a unit of the class of forward equity was finally determined, by more than 30%, or (b) the market price of a unit of the class of formal equity, on any day selected by the applicant that is not more than 30 days prior to the day selected by the applicant under paragraph 30(1)(c) with respect to the class of formal equity, exceeds the conversion price, the units of the publicly traded class of formal equity shall be deemed (c) to be issued and outstanding and to have a recorded owner that is the owner of record of the unit of a class of forward equity, (d) to be owned by the owner of the unit of a class of forward equity, (e) to form a separate class of formal equity, and (f) to form a publicly traded class of formal equity if the class of forward equity is a publicly traded class of forward equity. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Unissued Units Deemed Issued and Outstanding Section 22 (8) Subject to subsections (9) through (12), where units of a class of formal equity of an applicant are issuable pursuant to the exercise of a right conferred by a unit of a class of forward equity, other than a unit referred to in subsection (7), the units of the class of formal equity shall be deemed (a) to be issued and outstanding and to have a recorded owner that is the owner of record of the unit of the class of forward equity; (b) to be owned by the owner of the unit of the class of forward equity; (c) to form a separate class of formal equity; and (d) to form a publicly traded class of formal equity if the class of forward equity is a publicly traded class of forward equity. (9) Subsection (8) does not apply where units, if issued, would form part of a publicly traded class of formal equity and the applicant demonstrates to the Minister that it has no knowledge or reason to believe that if all the units issuable pursuant to the exercise of the rights conferred by all the units of the class of forward equity were issued and outstanding and formed a separate class of formal equity, the beneficial Canadian ownership of that class would be less than the Canadian ownership rate of the applicant determined as if the class of forward equity did not exist. (10) Subject to subsection (11), subsection (8) does not apply where the applicant has knowledge that if all the units issuable pursuant to the exercise of the rights conferred by all the units of the class of forward equity were issued and outstanding and formed a separate class of formal equity, the beneficial Canadian ownership of that class would be greater than the Canadian ownership rate of the applicant determined as if the class of forward equity did not exist. (11) Where an applicant demonstrates to the Minister that the applicant has knowledge or reason to believe that a unit of a class of forward equity of the applicant (a) will not be converted to a unit of a class of formal equity at any time prior to the expiration of the right conferred by the unit of the class of forward equity, Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Unissued Units Deemed Issued and Outstanding Section 22 subsection (8) does not apply to the unit of the class of forward equity; or (b) will be converted to a unit of a class of formal equity at any time prior to the expiration of the right conferred by the unit of the class of forward equity, subsection (10) does not apply to the unit of the class of forward equity. (12) Subject to subsection (13), where units of a publicly traded class of formal equity of an applicant are issuable pursuant to the exercise of a right conferred by a unit of a class of forward equity that is a bearer unit and all units of that class of forward equity were offered for sale at the time of issue by the entity or its underwriters only outside Canada, the units of the class of formal equity shall be deemed (a) to be issued and outstanding and owned by a person having a Canadian ownership rate of nil; and (b) to form a separate class of formal equity. (13) Subsection (12) does not apply to a unit of a class of forward equity of the applicant where the applicant demonstrates to the Minister that the unit does not meet the conditions described in paragraph (7)(a) nor the condition described in paragraph (7)(b) and that the applicant has knowledge or reason to believe that the unit will not be converted to a unit of a class of formal equity at any time prior to the expiration of the right conferred by the unit. (14) Where an applicant has no knowledge or reason to believe that the beneficial Canadian ownership of units of a class of forward equity of the applicant that are issuable would be less than the applicant’s Canadian ownership rate, calculated without regard to those units, and the applicant elects that the class of forward equity be exempt from the application of this section, the class of forward equity is exempt from the application of this section. (15) Where units of a class of forward equity were either issued and outstanding or to be issued and outstanding pursuant to a public announcement on or prior to July 15, 1983, the applicant may elect that (a) subsections (1) to (13) shall apply only in respect of those units of a class of formal equity that would have been deemed issued and outstanding as a result of the application of subsection 17(5) or (7), as the case may be, of the Canadian Ownership and Control Determination Regulations as a result of the application of those Regulations; and Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Unissued Units Deemed Issued and Outstanding Section 22 (b) the Canadian ownership rate of the owner of the units shall be deemed to be the Canadian ownership rate that would be considered for the purposes of subsection 17(5) and (7) of the Canadian Ownership and Control Determination Regulations to be the Canadian ownership rate of a person deemed to own those units. (16) Where a class of forward equity of an applicant has been issued by the applicant and (a) the exercise of the right conferred by a unit of the class of forward equity is subject to a restriction to the effect that the right is not exercisable if the exercise thereof would reduce the Canadian ownership rate of the applicant below a specified limit that is acceptable to the Minister, or (b) the right conferred by a unit of the class of forward equity cannot be exercised unless, at the time of the exercise of the right, the owner thereof has a specified Canadian ownership rate that is acceptable to the Minister, the applicant may elect to be exempt from the application of subsections (2) to (13) in respect of the class of forward equity and, on the making of that election, the applicant is exempt from the application of those subsections in respect of the class of forward equity. (17) Units of a class of formal equity deemed issued and outstanding under this section shall cease to be so deemed on the day that is the earliest of (a) the day next following the day on which the right conferred by the unit of the class of forward equity expires; (b) the day next following any day on which the number of units issuable pursuant to the exercise of the right conferred by the unit of the class of forward equity is reduced. (18) Units of a class of formal equity deemed issued and outstanding pursuant to paragraph 22(7)(a) shall cease to be so deemed on the day that is five years from the day next following the day of issue of the unit of the class of formal equity. (19) For purposes of this section, a unit of a class of forward equity that was issued pursuant to a right conferred by another unit of a class of forward equity shall be deemed to have been issued on the day of issue of that other unit of a class of forward equity. SOR/85-847, s. 8. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Unissued Units Deemed Issued and Outstanding Sections 23-24 23 (1) Subject to subsection (2) where a person has a right to the issue of a unit of a class of formal equity or a unit of a class of forward equity under an agreement described in subparagraph 66.1(6)(a)(v), 66.2(5)(a)(v) or 66.4(5)(a)(iii) of the Income Tax Act and the unit can reasonably be expected to be issued within 24 months from the day the application for a certificate is filed in substantial compliance with the Act and these Regulations (a) if the unit would, on issue, be a unit of a class of formal equity, the unit shall be deemed (i) to be issued and outstanding, (ii) to be owned by the owner of the right to the issue of the unit on the day selected under paragraph 30(1)(c), and (iii) to form part of a separate class of formal equity, or (b) if the unit would, on issue, be a unit of a class of forward equity, the unit shall be deemed (i) to be issued and outstanding as of the date the agreement was entered into, and (ii) to be owned by the owner of the right to the issue of the unit on the day selected under paragraph 30(1)(c) for the lesser of (c) a period ending 24 months from the day that the application is filed in substantial compliance with the Act and these Regulations, and (d) a period ending on the day on which the right to the issue of the unit terminates for the purposes of any Canadian ownership rate determined during that period. (2) Subsection (1) applies in respect of one period only for a right described in that subsection. Calculation of the Beneficial Canadian Ownership of a Class of Formal Equity 24 [Revoked, SOR/85-847, s. 9] Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Calculation of the Beneficial Canadian Ownership of a Class of Formal Equity Section 25 25 The beneficial Canadian ownership of a class of formal equity is the proportion [B + (0.5 × U2) + M + S] / (T - U1) expressed as a percentage rounded to the nearest tenth of a percentage point, where a) B is the sum of (i) the products obtained when the number of units owned by each owner of units in a measured block, other than market-maker shares or units described in subparagraph (ii), is multiplied by the Canadian ownership rate of the owner, and (ii) the products obtained when the number of shares, if any, referred to in subsection 21(1) is multiplied by the Canadian ownership rate required of a purchaser of those shares referred to in that subsection; b) S is the aggregate number of units that do not form part of a measured block and that are shown on the revised unit holders list as registered in the name of a person with an address in Canada or that are referred to in an entry included on the revised unit holders list pursuant to paragraph 4(1)(d); c) M is the number of units that are market-maker shares; d) U2 is the number of units deemed pursuant to subsection 26(2) to be owned by an investor who has a Canadian ownership rate of 50%; e) T is the sum of (i) the total number of units in the class of formal equity shown on the unit holders list, (ii) the greater of (A) the aggregate number of units (I) certified by each recorded owner as owned by a person or held for a person, or (II) certified by any other person as owned by a person or held for a person where any of the units so certified are contained in an entry included in the revised unit holders list pursuant to paragraph 4(1)(c), (d) or (e), less (III) the aggregate number of units, other than units included in the revised unit holders list pursuant to paragraph 4(1)(b), registered in any name of a recorded owner referred to in subclause (I), and (B) nil units, and (iii) the greater of Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Calculation of the Beneficial Canadian Ownership of a Class of Formal Equity Sections 25-26 (A) nil units, and (B) the aggregate of the numbers of units referred to in paragraph (a) less the number of units in all measured blocks; and f) U1 is the lesser of (i) the total number of units in the street share pool as defined in subsection 26(1), and (ii) 5% of the number of units of the class of formal equity shown on the unit holders list of the applicant or investor. SOR/85-847, s. 10. 26 (1) For the purposes of section 25 and subsection (2), street share pool means the aggregate of (a) the greater of (i) the aggregate number of units (A) certified by each recorded owner with an address of record in Canada as owned by a person or held for a person, or (B) certified by any other person as owned by a person or held for a person and contained in an entry included on the revised unit holders list pursuant to paragraph 4(1)(c), (d) or (e) subtracted from (C) the aggregate number of units, other than units included in the revised unit holders list pursuant to paragraph 4(1)(b), registered in any name of a recorded owner referred to in clause (A), and (ii) nil units; and (b) the greater of (i) the aggregate number of units in all measured blocks less the aggregate of the numbers of units referred to in paragraph 25(a), and (ii) nil units. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Calculation of the Beneficial Canadian Ownership of a Class of Formal Equity Sections 26-28 (2) For the purposes of calculating the beneficial Canadian ownership of a class of formal equity, a number of units equal to the lesser of (a) the greater of (i) nil units, and (ii) the total number of units in the street share pool less five per cent of the number of units of the class of formal equity shown on the records of the applicant or investor, and (b) a number of units equal to (i) in respect of an application filed in 1984, 6%, (ii) in respect of an application filed in 1985, 3%, and (iii) in respect of an application filed in any year following 1985, 0% of the number of units of the class of formal equity shown on the unit holders list of the applicant or investor, shall be deemed to be owned by an investor having a Canadian ownership rate of 50%. 27 For the purposes of section 4 and notwithstanding subsection 2(2.1), where an entity does not combine into one entry in its revised unit holders list two or more entries therein that relate to units of a class of formal equity that, if combined, would be equal to or greater than the measured block threshold for that class of formal equity and that are registered in the unit holders list in substantially the same manner, the units to which the two or more entries relate shall be deemed to constitute a measured block and to be owned by a person having a Canadian ownership rate of nil, unless the entity demonstrates that the reason the entries were not combined was other than to avoid inclusion of the units to which the entries relate in a measured block. SOR/85-847, s. 11. Increases to Canadian Ownership Rate 28 (1) Subject to subsection (3), the Canadian ownership rate of an applicant shall be the sum of the Canadian ownership rate that would be determined in accordance with section 16 if the words “rounded to the nearest Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Increases to Canadian Ownership Rate Section 28 whole number”, read “rounded to the nearest tenth of a percentage point” and a percentage calculated as follows: (a) where the applicant is a public entity and its Canadian ownership rate, calculated in accordance with section 16, is at least 50%, 5%; (b) where the applicant is an entity other than a public entity, a percentage equal to the sum of the products obtained by multiplying (i) the aggregate of the direct equity percentages and the indirect equity percentages of each investor that is a public entity and that for the purposes of the application has calculated a Canadian ownership rate of not less than 50%, by (ii) the lesser of (A) five, and (B) 100 less the number of percentage points represented by the Canadian ownership rate referred to in subparagraph (i) rounded to the nearest whole number. (1.1) Subsection (1) applies only where (a) the applicant has made an application for a certificate prior to the coming into force of this subsection; and (b) the applicant’s Canadian ownership rate determined with regard to subsection (1) would not, in the application of sections 7 to 9 of the Petroleum Incentives Program Act for any relevant year, fall within the same appropriate range of Canadian ownership rate, as prescribed for that year by section 10 of that Act, as the applicant’s Canadian ownership rate calculated without regard to subsection (1). (2) For the purposes of subparagraph (1)(b)(i) (a) the direct equity percentage or indirect equity percentage of a public entity in respect of any person that is a factor in determining any indirect equity percentage that is included in the calculation referred to in that subparagraph shall be deemed to be nil; and (b) the direct equity percentage of any person in any other person shall be determined without reference to any class of formal equity the beneficial Canadian Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART III Canadian Ownership Rates other than Specified Rates and Rates of Insurance Companies and Trusts Increases to Canadian Ownership Rate Sections 28-30 ownership of which was not included in the calculation of Canadian ownership rate pursuant to section 16. (3) Subsection (1) applies only where each investor that has elected to be treated as having a Canadian ownership rate of 100% pursuant to section 15 has a direct equity percentage or an indirect equity percentage in the applicant that is less than 5%. (4) Notwithstanding anything in these Regulations, the Canadian ownership rate of a person shall not exceed 100%. SOR/85-847, s. 12. 29 An investor having a Canadian ownership rate of 90% or more determined in accordance with this Part, but without regard to section 28, shall be considered to have a Canadian ownership rate of 100% in respect of an applicant if the investor’s direct equity percentage and indirect equity percentage in respect of the applicant are (a) where the investor has determined its Canadian ownership rate pursuant to section 16 as an applicant or as an investor equity-related to an applicant, less than 50%; or (b) in any other case, less than 10%. SOR/85-847, s. 13. PART IV Administration Currency of Information 30 (1) For the purposes of section 41 of the Act, information and documentation relating to the Canadian ownership rate on which an application for a certificate is based shall be current as of a day or days determined as follows: (a) subject to paragraphs (b) and (c), all information and documentation relating to the determination of the Canadian ownership rate of an applicant shall be current as of the day on which the applicant files that information and documentation in the form set out in the Canadian Ownership and Control Determination Forms Order, 1985 for the purposes of an application; (b) subject to paragraph (c) and subsection (2), all information and Current to June 20, 2022 documentation relating to the Canadian Ownership and Control Determination Regulations, 1984 PART IV Administration Currency of Information Section 30 determination of the Canadian ownership rate of an investor shall be current as of the day on which the investor provides the applicant or another investor with the information set out in the Canadian Ownership and Control Determination Forms Order, 1985 for the purposes of an application; (c) information and documentation (i) relating to the calculation of the beneficial Canadian ownership of a class of formal equity of an applicant or investor, other than information referred to in paragraph (e) and including information reflected by entries on the unit holders list, and the revised unit holders list, or (ii) that reflects any shareholders list, list of members, and records of liabilities relating to the determination of the Canadian ownership rate of an applicant or investor pursuant to paragraph 12(1)(c), (d), (e), (f), (g) or subsection 16(5), shall, subject to paragraphs (d) and (e), be current as of the close of business on a day selected by the applicant or investor that is not more than 180 days prior to the date the application or amended application is filed in substantial compliance with the Act and these Regulations; (d) an applicant or investor may elect that information and documentation relating to the ownership of a unit of a class of formal equity that is part of a measured block shall be current (i) in the case of an applicant, as of the day set out in paragraph (a), and (ii) in the case of an investor, as of the day set out in paragraph (b); and (e) in determining whether two or more entities are equity-related, information and documentation relating to ownership of units of a class of formal equity of an entity shall be current on a day selected by the applicant that is not more than 180 days prior to the day the application or amended application is filed in substantial compliance with the Act and Regulations. (2) For purposes of an application or an amended application, in this section referred to as “the present application”, an investor may elect that information and documentation Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART IV Administration Currency of Information Section 30 (a) described in paragraph (1)(c) in respect of the investor, and (b) described in paragraph (1)(b) or (c) in respect of any other relevant investor shall be current as of the day or days referred to in section 41 of the Act in respect of the investor for the purposes of another application, in this section referred to as “the earlier application”, if (c) an applicant or another investor was first provided with the information and documentation in the appropriate form prescribed by order of the Minister for the purposes of an application under the Act on a day that is not more than 18 months prior to the day on which the investor provides the applicant or investor with that information for the purposes of the present application, (d) where the investor making the election is equityrelated to an applicant, the investor was equity-related to the applicant that filed the earlier application, and (e) the investor has no knowledge or reason to believe that the Canadian ownership rate that would be determined if no election were made under this subsection would be (i) where the investor is not equity-related to the applicant, ten or more percentage points less than the Canadian ownership rate determined for the purposes of the earlier application, and (ii) where the investor is equity-related to the applicant, one or more percentage points less than the Canadian ownership rate determined for the purposes of the earlier application, or (f) where an investor determined its relevant Canadian ownership rate for the purposes of the earlier application (the “earlier rate”) in accordance with the Act and the Canadian Ownership and Control Determination Regulations, the investor has no knowledge or reason to believe that the Canadian ownership rate calculated for purposes of the present application if those Regulations applied would be less than the earlier rate by the number of percentage points referred to in subparagraph 2(e)(i) or 2(e)(ii). (3) Where paragraph (2)(f) applies the investor may elect to calculate the beneficial Canadian ownership of that class of formal equity or determine its Canadian ownership rate, as the case may be, in accordance with those Regulations read as though paragraph 11(1)(a) were deleted therefrom. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART IV Administration Currency of Information Sections 30-31 (4) For the purposes of subsection (2), “equity-related” with reference to the earlier application shall have the meaning attributed to that term for the purposes of that application. (5) For the purposes of an amended application made pursuant to subsection 43(3) of the Act, the holder of a certificate may elect that all information and documentation relevant for the purposes of the calculation of the beneficial Canadian ownership of a class of formal equity shall be current as of the day or days referred to in subsection (1) for the purposes of the application or amended application pursuant to which the certificate was issued. (6) For the purposes of an amended application made pursuant to paragraph 43(1)(b) of the Act, information and documentation shall be current as of the day or days referred to in subsection 32(3). (7) Subject to subsection (8), for the purposes of an application made by a corporation, in this section referred to as “the amalgamated corporation”, that is the product of an amalgamation of a corporation, in this section referred to as “the amalgamating corporation”, that is, immediately prior to the time at which the amalgamation becomes effective, the holder of a current certificate under the Act, in this section referred to as “the prior certificate”, and one or more other corporations, the amalgamated corporation may elect, that where any information described in paragraph (1)(c) pertaining to the amalgamated corporation as at a time immediately after the time at which the amalgamation becomes effective may be determined with reference to information pertaining to the amalgamating corporation as at a time specified in the amalgamation agreement, such information pertaining to the amalgamating corporation and information and documentation described in paragraph (1)(b) or (c) in respect of any relevant investor shall be current as of the day or days referred to in subsection (1) for the purposes of the prior certificate. (8) Subsection (7) does not apply unless the application by the amalgamated corporation requests for an effective period for the new certificate that expires not later than the earliest expiry date of any of the prior certificates held by all amalgamating corporations. SOR/85-847, s. 14. Effective Periods of Certificates 31 (1) For the purposes of subsection 42(2) of the Act, all certificates issued pursuant to applications Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART IV Administration Effective Periods of Certificates Sections 31-32 (a) that, according to acknowledgements sent by the Minister pursuant to subsection 39(1) of the Act, were received by the Minister in the same month, and (b) that are from any class of applicants selected by the Minister, may be assigned an additional effective period not exceeding six months, unless the applicant for the certificate requests that an additional effective period of less than six months, or that no additional effective period, be assigned to the certificate, in which case the certificate may be assigned such lesser additional effective period as the applicant specifies or no additional effective period, as the case may be. (2) For the purposes of subsection 42(1) of the Act, a certificate issued to a person in any class of persons shall continue to be effective for the period ending on the day that is twenty-four months after the date that is acknowledged by the Minister pursuant to subsection 39(1) of the Act as the date of receipt of the application by the Minister. SOR/85-847, s. 15. Decrease in Canadian Ownership Rate 32 (1) For the purposes of paragraph 43(1)(b) of the Act, the following events and transactions are prescribed circumstances: (a) the death of an investor who is equity-related to the holder; (b) any transaction, including the issue redemption, purchase or sale of a unit of a class of formal equity or of a class of forward equity, other than the issue of a share deemed to be issued and outstanding under section 22 or subsection 23(1) for the purposes of the determination of the Canadian ownership rate stated in a certificate, in which any of the following persons have participated directly or indirectly: (i) the holder, (ii) any officer, director, partner other than a limited partner, trustee or administrator of the holder, (iii) any person that is equity-related to the holder, or (iv) any person that becomes equity-related to the holder as a result of the transaction; Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART IV Administration Decrease in Canadian Ownership Rate Section 32 (c) units ceasing to be deemed to be issued and outstanding pursuant to subsections 22(17) and (18) or the expiry of the period referred to in subsection 23(1); (d) the discharge of an agreement referred to in subsection 20(1) where any vendor or purchaser that is a party to the agreement of purchase and sale is equityrelated to the holder; (e) the acquisition of control in fact of the holder if the holder is a small applicant by a person or a change in the membership of a group of persons that controls the holder that is a small applicant; or (f) if the holder is an individual and becomes a noneligible person. (2) For the purposes of paragraph 43(1)(b) of the Act, the prescribed number of percentage points is, the lesser of (a) 10 percentage points; and (b) the number of percentage points that would result in a Canadian ownership rate of less than 50% or in a Canadian ownership rate that would, in any year prior to the day on which the holder’s current certificate would expire but for section 43 of the Act, fall within a range of Canadian ownership rates for that year described in (i) paragraph 10(a) or (b) of the Petroleum Incentives Program Act, if the Canadian ownership rate set out in the certificate fell within a range for that year described in paragraph 10(c) of that Act, or (ii) paragraph 10(a) of the Petroleum Incentives Program Act, if the Canadian ownership rate set out in the certificate fell within a range described in paragraph 10(b) of that Act. (3) For the purposes of determining whether a Canadian ownership rate of the holder has decreased as stated in paragraph 43(1)(b) of the Act, the Canadian ownership rate of the holder of a certificate upon the occurrence of a prescribed circumstance is the Canadian ownership rate that would be determined for the purposes of an application by the holder based on information and documentation that are current as of the day or days determined as follows: (a) subject to paragraph (b), all information and documentation that would be relevant if such information Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART IV Administration Decrease in Canadian Ownership Rate Sections 32-34 and documentation were required to be current for the purposes of that application immediately after the occurrence of the prescribed circumstance and which result from any prescribed event, shall be current as of the day immediately following the day on which the prescribed event occurs; (b) information and documentation referred to in paragraph (a) that consist of all information and documentation required to determine, pursuant to section 16, the Canadian ownership rate of an investor that is an entity may be current as of the day or days permitted to be chosen by section 30 reads as though the words “and that is not more than 180 days after the occurrence of the circumstance referred to in section 32” were inserted at the end of paragraph 30(1)(c), for the purposes of an application filed in substantial compliance with the Act and these Regulations and on the day next following the day on which the prescribed circumstance occurs; (c) subject to paragraph (d), all information and documentation other than information and documentation referred to in paragraph (a) shall be current as of the day or days referred to in section 30 for the purposes of the application or amended application pursuant to which the certificate was issued; and (d) the applicant may elect that all information and documentation relevant for the purposes of the calculation of the beneficial Canadian ownership of a class of formal equity shall be current as of the day or days referred to in paragraph (b). (4) The beneficial Canadian ownership of a class of formal equity to which paragraph (3)(a) does not apply may, at the election of the applicant, be calculated in accordance with the Act and Regulations that applied to the application pursuant to which the certificate was issued. 33 For the purposes of subsection 60(4) of the Act, the prescribed period after the Act comes into force is 5 years. Consent of Investors to Audit or Examination 34 (1) The consent of any investor with which an applicant is required to provide the Minister by subsection 48(1) of the Act shall, subject to subsection (2), be completed by the investor as follows: (a) where the investor is an individual, in the form set out in Schedule III; or Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART IV Administration Consent of Investors to Audit or Examination Sections 34-35 (b) where the investor is not an individual, in the form set out in Schedule IV. (2) Where a nominee of an investor provides the Minister with a consent referred to in subsection (1) on behalf of the investor, the consent shall be completed by the nominee in the form set out in Schedule V. (3) The consent of an investor or a nominee of an investor completed in accordance with the subsection (1) or (2) shall be set out on and form part of the form completed by the investor or nominee. Prescription of Persons Required to Consent to Audit or Examination and of the Forms of Such Consent 35 (1) For the purposes of subsection 48(2) and (4) of the Act, (a) where an applicant that is an entity would be a non-eligible person as that term is defined in subsection 3(1) of the Foreign Investment Review Act if another entity was a non-eligible person within the meaning of that subsection, that other entity is a prescribed person; and (b) where an applicant that is an entity would be deemed to be a non-eligible person by reason of the application of paragraph 3(2)(b) of the Foreign Investment Review Act on the grounds that another entity not referred to in paragraph (a) was a non-eligible person, unless the contrary is established, that other entity is a prescribed person unless the Minister specifies otherwise. (2) For the purposes of subsection 48(5) of the Act, a prescribed person is any entity referred to in paragraph (1)(a) that owns formal equity in respect of an applicant that is an entity and that has carried on business for less than twelve months prior to the day the application is filed in substantial compliance with the Act and these Regulations and, unless the Minister specifies otherwise, any entity referred to in paragraph (1)(b) in respect of that applicant. (3) Where an applicant is required to provide the Minister with the consent of any person prescribed by subsection (1) or (2), the consent shall accompany the application or shall be filed after the application on the demand of the Minister and shall be in the form set out in Schedule VI. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Section 36 PART V Canadian Ownership Rates of Insurance Companies Interpretation 36 In this Part, Canadian oil or gas investment means (a) a right, licence or privilege to (i) explore for, (ii) drill for, (iii) take, or (iv) store underground petroleum, natural gas or other related hydrocarbons in Canada, (b) an oil or gas well situated in Canada, (c) a rental or royalty computed by reference to the amount or value of production from an oil or gas well situated in Canada, (d) a right to or interest in any property described in paragraphs (a) to (c) including a right to receive the proceeds of disposition of that property, or (e) a direct equity percentage that is not less than onehalf of one per cent in any entity or that represents an investment with a current market value of $1,000,000 or more, if the entity is a principal-business entity, is Canadian controlled and has a Canadian ownership rate of not less than 50%; (investissement dans le pétrole et le gaz canadiens) fraternal benefit society has the same meaning as in subsection 2(1) of the Canadian and British Insurance Companies Act; (société de bénéfices mutuels) gross actuarial reserves has the same meaning as in subsection 82.1(1) of the Canadian and British Insurance Companies Act; (réserves actuarielles brutes) life insurance company means a company registered, licensed or otherwise authorized to carry on the business of life insurance under the laws of Canada or a province Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Interpretation Section 36 and includes a fraternal benefit society; (compagnie d’assurance-vie) life insurance policy means any written contract of life insurance, other than a policy in respect of which a segregated fund is maintained, whether contained in one or more documents, an annuity contract and, in the case of insurance in a fraternal benefit society, includes any contract whether or not evidenced in writing and any certificate of membership relating in any way to life insurance; (police d’assurance-vie) life policy in Canada means a life insurance policy issued or effected by a life insurance company on the life of a person who according to the records of the insurer had an address in Canada at the time the policy was issued or effected; (police d’assurance-vie au Canada) mutual company means a life insurance company without share capital or a property and casualty insurance company without share capital; (société mutuelle) non-participating policy means a life insurance policy other than a participating policy; (police d’assurancevie sans participation) participating policy means a life insurance policy under which the policyholder is entitled to share, other than by way of an experience rating refund, in the profits of the insurer, other than profits in respect of property in a segregated fund; (police d’assurance-vie avec participation) participating policyholder in Canada means a policyholder in Canada of a participating policy; (titulaire de police d’assurance-vie avec participation au Canada) policyholder in Canada means a person shown on the records of an insurer as having an address in Canada and as being the owner of a life policy in Canada or a property and casualty policy in Canada; (assuré au Canada) principal-business entity means an entity the principal business of which is (a) producing, refining or marketing petroleum, petroleum products or natural gas, or exploring or drilling for petroleum or natural gas or other related hydrocarbons, or (b) operating a pipeline for the transmission of oil or natural gas; (entité exploitant une entreprise principale) property and casualty insurance company means a company, other than a life insurance company, that is Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Interpretation Sections 36-37 registered, licensed or otherwise authorized to carry on the business of property and casualty insurance under the laws of Canada or a province and includes a fraternal benefit society; (compagnie d’assurance contre les accidents et les dommages à la propriété) property and casualty insurance policy means any written contract of insurance, other than life insurance or a policy in respect of which a segregated fund is maintained, whether contained in one or more documents and, in the case of insurance in a fraternal benefit society, includes any contract whether or not evidenced in writing and any certificate of membership relating in any way to insurance other than life insurance; (police d’assurance contre les accidents et les dommages à la propriété) property and casualty policy in Canada means a property and casualty insurance policy issued or effected by a property and casualty insurance company where the persons or property at risk covered by the policy were ordinarily resident or located, as the case may be, within Canada at the time the policy was issued or effected; (police d’assurance contre les accidents et les dommages à la propriété au Canada) segregated fund has the same meaning as in subsection 138.1(1) of the Income Tax Act; (fonds réservé) stock company means a life insurance company with share capital or a property and casualty insurance company with share capital. (société par actions) Segregated Funds 37 (1) The Canadian ownership rate of a segregated fund shall be calculated under these Regulations as if the segregated fund were a unit trust, the insurer were the trustee of the trust, the owners of the insurance policies in respect of which the segregated fund is maintained Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Segregated Funds Sections 37-39 were the beneficiaries of the trust and the insurance policies in respect of which the segregated fund is maintained were the formal equity of the trust. (2) A segregated fund maintained by a life insurance company in respect of which at least fifty persons hold insurance policies shall be considered to have a Canadian ownership rate of 100% if the insurer has no knowledge or reason to believe that less than 90% of the aggregated value of all interests in the fund is held for the benefit of persons who would qualify for a Canadian ownership rate of 100%. (3) For the purposes of paragraph 52(g) of the Act, the control status of a segregated fund shall be the control status of the insurer. Deemed Canadian Ownership Rate of Life Insurance Company As Applicant or Investor 38 A life insurance company incorporated in Canada shall be considered to have a Canadian ownership rate of 100% if, at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, (a) it is a mutual company not less than 95% of the outstanding life insurance policies of which constitute life policies in Canada, or (b) it is a stock company not less than 95% of the outstanding life insurance policies of which constitute life policies in Canada and the Canadian ownership rate of which, determined under Part III, is not less than 90% and if not less than 95% of its gross actuarial reserves for life policies in Canada are maintained in respect of policyholders in Canada. 39 A life insurance company incorporated in Canada, other than one referred to in section 38, shall be considered to have a Canadian ownership rate of 100% if (a) at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province not less than 95% of its gross actuarial reserves for life policies in Canada are maintained in respect of policyholders in Canada; (b) it has provided the Minister with an executed undertaking in a form acceptable to the Minister to allocate all of the benefits accruing to it from Canadian oil Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Deemed Canadian Ownership Rate of Life Insurance Company As Applicant or Investor Sections 39-40 and gas investments to the owners of life policies in Canada that are participating policies, and to allocate the benefits arising from other investments to the owners of life policies in Canada in a manner consistent with the allocation of such benefits in previous years; and (c) where it is a stock company, it has a Canadian ownership rate, determined under Part III, of not less than 50%. Canadian Ownership Rate of Life Insurance Company As Investor 40 Where a life insurance company incorporated outside Canada that is a mutual company is an investor, it shall be considered to have a Canadian ownership rate of 100% if (a) at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, (i) not less than 95% of its gross actuarial reserves for life policies in Canada are maintained in respect of policyholders in Canada, and (ii) not less than 90% of its gross actuarial reserves for life policies in Canada are maintained in respect of participating policyholders in Canada; (b) it has provided the Minister with an executed undertaking in a form acceptable to the Minister to allocate all of the benefits accruing to it from Canadian oil and gas investments to the owners of life policies in Canada that are participating policies, and to allocate the benefits arising from other investments to the owners of life policies in Canada in a manner consistent with the allocation of such benefits in previous years; and (c) the Minister is satisfied that the life insurance company maintains in Canada sufficient records to permit the Minister to monitor and audit compliance with the undertaking referred to in paragraph (b). Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Determination of Canadian Ownership Rate of Life Insurance Company Sections 41-43 Determination of Canadian Ownership Rate of Life Insurance Company 41 The Canadian ownership rate of a life insurance company that is a mutual company other than a mutual company referred to in section 38, 39 or 40 shall be considered to be equal to the proportion, expressed as a percentage rounded to the nearest whole number, that, as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, its gross actuarial reserves maintained in respect of life insurance policies for policyholders in Canada represent of its gross actuarial reserves maintained in respect of all life insurance policies. 42 (1) A life insurance company incorporated in Canada that is a stock company may elect to calculate its Canadian ownership rate in accordance with Part III or as the proportion 1 - [(xp + n) / t] expressed as a percentage rounded to the nearest whole number, where a) x is 100%, or if the maximum amount of profits earned in respect of life policies in Canada that are participating policies that may be allocated at the discretion of the directors of the company to shareholders is fixed by the company’s constating documents or governing statute, that maximum amount expressed as a percentage of the total profits earned by the insurance company in respect of its gross actuarial reserves for life policies in Canada that are participating policies; b) p is the gross actuarial reserves for life policies in Canada that are participating policies; c) n is the gross actuarial reserves for life policies in Canada that are non-participating policies; and d) t is the gross actuarial reserves for life policies in Canada. (2) For the purposes of subsection (1), p, n and t shall be determined as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province. 43 (1) The Canadian ownership rate of a life insurance company that is a stock company incorporated outside Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Determination of Canadian Ownership Rate of Life Insurance Company Sections 43-45 Canada shall be considered to be the lesser of the Canadian ownership rate determined in accordance with Part III and the proportion 1 - [(xp + n) / t] expressed as a percentage rounded to the nearest whole number, where a) x is 100%, or if the maximum amount of profits earned in respect of life policies in Canada that are participating policies that may be allocated at the discretion of the directors of the company to shareholders is fixed by the company’s constating documents or governing statute, that maximum amount expressed as a percentage of the total profits earned by the insurance company in respect of its gross actuarial reserves for life policies in Canada that are participating policies; b) p is the gross actuarial reserves for life policies in Canada that are participating policies; c) n is the gross actuarial reserves for life policies in Canada that are non-participating policies; and d) t is the gross actuarial reserves for life policies in Canada. (2) For the purposes of subsection (1), p, n and t shall be determined as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province. 44 Where a life insurance company can demonstrate to the satisfaction of the Minister that the determination of its Canadian ownership rate in accordance with this Part does not accurately reflect the beneficial interest in the company of its shareholders and policyholders in Canada, the Minister may adjust the Canadian ownership rate of the life insurance company to reflect the proportion of profits earned during the effective period of the relevant certificate that will be allocated to policyholders in Canada. Canadian Ownership Rate of Property and Casualty Companies 45 The Canadian ownership rate of a property and casualty company that is a mutual company incorporated in Canada shall be considered to be the proportion, expressed as a percentage, that, as at the date of the most recent financial statements deposited in the Department of Insurance or with a similar authority of a province, its Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART V Canadian Ownership Rates of Insurance Companies Canadian Ownership Rate of Property and Casualty Companies Sections 45-47 gross actuarial reserves maintained in respect of property and casualty insurance policies for policyholders in Canada represent of its gross actuarial reserves maintained in respect of all property and casualty insurance policies. 46 The Canadian ownership rate of a property and casualty insurance company that is a stock company incorporated in Canada shall be determined in accordance with Part III. PART VI Canadian Ownership Rates of Trusts Interpretation 47 In this Part, beneficiary includes a person in whose favour or for whose benefit a discretionary power may be exercised; (bénéficiaire) designated rate of interest means 12.3% per annum; (taux d’intérêt désigné) discretionary interest means any estate or interest in or possibility of receiving income or capital of a trust that is dependent on, or the value of which may be increased or reduced by the exercise of or the failure to exercise, a discretionary power held by the trustee or trustees or by any other person or persons and, for greater certainty and without limiting the generality of the foregoing, a power to amend the terms of a trust or a power to determine the date at which all or any interests shall vest or at which all or any property shall be distributed is a discretionary power; (droit discrétionnaire) interest in expectancy means an estate or interest in remainder or reversion and any other future interest, whether vested or contingent, but does not include a discretionary interest; (droit en expectative) interest in possession means an estate or interest other than an interest in expectancy but does not include a discretionary interest. (droit en possession) Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART VI Canadian Ownership Rates of Trusts Determining Beneficial Ownership of Classes of a Trust Section 48 Determining Beneficial Ownership of Classes of a Trust 48 Subject to section 49, in determining the classes of formal equity and the beneficial Canadian ownership of a class of formal equity of a trust, other than a unit trust, the following rules apply: (a) each of the following shall be a class of formal equity of the trust, consisting of 100 units: (i) all interests in possession of beneficiaries whose interests can be expressed in terms of a right to a certain amount or percentage of all or any part of the income of the trust, (ii) all interests in expectancy of beneficiaries whose interests can be expressed in terms of a right to a certain amount or percentage of all or any part of the income of the trust, (iii) all interests in possession of beneficiaries whose interests can be expressed in terms of a right to a certain amount or percentage of all or any part of the capital of the trust, (iv) all interests in expectancy of beneficiaries whose interests can be expressed in terms of a right to a certain amount or percentage of all or any part of the capital of the trust, (v) all discretionary interests of beneficiaries with respect to all or any part of the income of the trust, and (vi) all discretionary interests of beneficiaries with respect to all or any part of the capital of the trust; (a.1) where a trust demonstrates to the Minister that the beneficial Canadian ownership of a class of formal equity of the trust does not accurately represent the beneficiaries’ interests in the capital or income of the trust, or any part thereof, the Minister may adjust the beneficial Canadian ownership accordingly; (b) subject to paragraph (c), each beneficiary of the trust shall be deemed to own a number of units of a particular class referred to in paragraph (a) determined in accordance with the formula (Av/Tv) × 100, calculated to two decimal places where (i) Av is the value of the interest of the beneficiary represented in that class, and Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART VI Canadian Ownership Rates of Trusts Determining Beneficial Ownership of Classes of a Trust Section 48 (ii) Tv is the value of all beneficial interests constituting that class; c) subject to paragraph (d), the beneficial Canadian ownership of a class of formal equity that comprises discretionary interests in a trust shall be equal to the lowest Canadian ownership rate of any of the beneficiaries whose discretionary interests constitute that class determined as if the words “rounded to the nearest whole number” in section 16 read “rounded to the nearest 10th of a percentage point” and, for greater certainty, subject to paragraph (f), if such beneficiaries include a person that has or may have a Canadian ownership rate of nil, whether or not the identity of that person can be ascertained, the beneficial Canadian ownership of the class shall be deemed to be nil; d) the Canadian ownership rate of a trust shall be determined without regard to the existence of any discretionary power to consume, advance, appropriate, encroach upon or otherwise dispose of all or part of the capital or income of a trust to or for the benefit of any one or more individuals who have interests in that capital or income independently of the existence of the discretionary power, if the exercise of that power is limited by a determinable standard relating to the health, education, maintenance, support or comfort of such individual or individuals; e) any possibility that one or more persons will subsequently acquire interests in property of the trust at birth, on adoption or on marriage shall be disregarded; f) for the purposes of paragraph (b), the value of any income right, annuity, term of years, life interest or other similar estate and of any interest in expectancy shall be determined, (i) where the income right, annuity, term of years, or other similar estate or the interest in expectancy does not depend on a life contingency, on the basis of compound interest at the designated rate of interest with annual rests, and (ii) where the income right, annuity, term of years, life interest or other similar estate or the interest in expectancy depends on a life contingency, on the basis of compound interest at the designated rate of interest with annual rests and the standard of mortality set out in Table I of Schedule II; g) Tables II, III and IV of Schedule II shall be used as far as they may be applicable for the purpose of determining the value of any income right, annuity, term of years, life interest or other similar estate or interest in expectancy; Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART VI Canadian Ownership Rates of Trusts Determining Beneficial Ownership of Classes of a Trust Sections 48-49 h) for the purposes of paragraphs (f) and (g), the annual income from any property shall be deemed to be the product of the designated rate of interest and the value of the property; i) for the purposes of paragraph (b), where the value of any interest in a trust depends on the happening of a contingency other than a life contingency, the value of the interest shall be determined on the basis that the contingency will not occur, except that, if the Minister is satisfied that the contingency is substantially within the control of a person who is not dealing at arm’s length with a beneficiary of the trust, the value of the interest shall, if the Minister so directs, be determined as if the contingency had already occurred; j) for the purposes of paragraph (b), where the value of any interest in the trust depends on the happening of a contingency that the Minister is satisfied cannot reasonably be expected to occur, the value of the interest shall be determined on the basis that the contingency will not occur; k) for the purposes of paragraph (b), where the value of a particular interest in a trust depends on the death of a beneficiary before attaining such age, not exceeding 40 years, as is specified in the trust instrument, and the particular interest of the beneficiary is an interest in possession, the value of that particular interest and the value of any other interest determined with reference to the value of that particular interest shall be determined as if that beneficiary will attain the age specified in the trust instrument; and l) where each of the beneficiaries in whose favour a discretionary power may be exercised has a Canadian ownership rate of 100%, the Canadian ownership rate of the trust may, if the trust so elects, be determined without regard to the existence of that discretionary power. SOR/85-847, s. 16. Beneficial Canadian Ownership of Classes of Formal Equity of a Trust 49 (1) If the beneficial Canadian ownership of a class of formal equity of an applicant or of an investor that controls the applicant in any manner that results in control in fact, whether directly through the ownership of units or indirectly through a trust, contract, the ownership of units of any other entity, or otherwise, or that is a Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART VI Canadian Ownership Rates of Trusts Beneficial Canadian Ownership of Classes of Formal Equity of a Trust Sections 49-51 member of a group that so controls the applicant cannot be determined for the purpose of paragraph 48(b) without reference to the designated rate of interest, the beneficial Canadian ownership of that class shall be the lowest Canadian ownership rate of any of the beneficiaries whose interests constitute that class determined as if the words “rounded to the nearest whole number” in section 16 read “rounded to the nearest 10th of a percentage point”. (2) Subsection (1) does not apply to a trust that is an investor that would not have a direct or an indirect equity percentage in the applicant if all publicly traded classes of formal equity were disregarded in the measurement of direct or indirect equity percentage. 50 Where a trust certifies that each of the beneficiaries that has an interest in a trust is a person that has a Canadian ownership rate of 100%, the trust shall be considered to have a Canadian ownership rate of 100%. Transitional Provisions 51 (1) Where a trust created before March 10, 1982 is an applicant or an investor and under the trust a discretionary power with respect to all or any part of the income or capital of the trust cannot be exercised in favour of any person other than (a) one or more of the beneficiaries who have interests in that income or capital or in that part of the income or capital as the case may be, independently of the existence of the discretionary power, (b) any individual related to any one or more of the beneficiaries referred to in paragraph (a), or (c) a person obliged to make use of its interest in income or capital exclusively for charitable purposes, the trust may elect, in determining its Canadian ownership rate, that the existence of the discretionary power shall be disregarded in determining the Canadian ownership rate. (2) Notwithstanding any other provision of these Regulations, where a trust created before March 10, 1982 is an applicant or investor and the Minister is satisfied that, in the circumstances and when considering the terms and conditions of the trust, the main purpose of the trust is to provide for the benefit of any one or more individuals related to any individual from whose contributions of property to the trust made prior to March 10, 1982 more than Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 PART VI Canadian Ownership Rates of Trusts Transitional Provisions Section 51 25% of the value of the capital of the trust shall be determined as if all interests of the beneficiaries in the trust constituted one class of formal equity of the trust consisting of 100 units and as if all the units of that class of formal equity were owned by the beneficiaries, other than any beneficiary excluded by the Minister for the purposes of this subsection equally or in such unequal shares as the Minister considers appropriate having regard to previous distributions, if any, made under the trust. (3) For the purposes of this section, where the terms of a trust have been amended or varied after March 9, 1982, regardless of whether such amendment or variation has been effected by virtue of a court order, an exercise of a power of amendment or variation conferred or reserved in the terms of the trust, an agreement of the beneficiaries or otherwise, the trust shall be deemed to have been created after March 9, 1982. (4) Subsection (3) does not apply to a trust that was created before March 10, 1982 and that was amended or varied after March 9, 1982 or was resettled after March 9, 1982 where the sole effect of such amendment, variation or resettlement was to require, either expressly or otherwise, that any beneficiary or member of a class of beneficiaries have a Canadian ownership rate of 100%. (5) For the purpose of this section, (a) individuals are related to each other if each individual or the spouse of that individual is a lineal descendant, by birth or adoption, of a parent of an individual who is alive before a trust is created; and (b) an individual is related to himself if that individual is a beneficiary of and a contributor of property to a trust. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE I SCHEDULE I 1 Any member of the Investment Dealers’ Association of Canada. Any chartered bank or trust company registered in Canada. Any member of a Canadian stock exchange. Any member of the Broker Dealers’ Association of Ontario. The Vancouver Stock Exchange Service Corp. The Canadian Depository for Securities Limited. Any life insurance company within the meaning of “life insurance company” as defined in section 36. Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II SCHEDULE II (s. 48) TABLE I Life Tables, Canada, 1970-72 Publis connection with the 1971 Census o Males Age Complete Life Expectancy 69.34 69.76 68.86 67.91 66.97 66.02 65.06 64.09 63.12 62.14 61.17 60.19 59.22 58.24 57.28 56.33 55.39 54.46 53.53 52.62 51.71 50.80 49.89 48.98 48.07 47.16 46.23 45.30 44.37 43.44 42.50 41.56 40.63 39.69 38.76 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Complete Life Expectancy 37.83 36.90 35.97 35.05 34.13 33.22 32.32 31.42 30.53 29.65 28.77 27.90 27.04 26.19 25.35 24.52 23.71 22.91 22.11 21.34 20.57 19.82 19.08 18.35 17.64 16.95 16.27 15.61 14.96 14.33 13.72 13.12 12.54 11.98 11.43 10.90 10.38 9.88 9.39 8.92 8.47 8.02 7.60 7.19 6.79 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Complete Life Expectancy 6.41 6.05 5.70 5.36 5.04 4.74 4.45 4.17 3.91 3.67 3.43 3.21 3.00 2.81 2.62 2.45 2.28 2.13 1.98 1.84 1.71 1.58 1.47 1.34 1.19 1.07 .83 .50 Females Age Complete Life Expectancy 76.36 76.56 75.64 74.70 73.74 72.79 71.82 70.85 69.87 68.89 67.91 66.93 65.95 64.97 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Complete Life Expectancy 63.99 63.02 62.05 61.08 60.11 59.15 58.18 57.21 56.25 55.28 54.31 53.34 52.37 51.40 50.44 49.47 48.51 47.54 46.58 45.62 44.67 43.71 42.76 41.81 40.87 39.92 38.99 38.05 37.13 36.20 35.28 34.37 33.45 32.55 31.65 30.75 29.86 28.98 28.11 27.24 26.38 25.53 24.68 23.85 23.02 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Complete Life Expectancy 22.20 21.39 20.58 19.79 19.01 18.23 17.47 16.72 15.98 15.26 14.55 13.85 13.71 12.51 11.86 11.24 10.63 10.03 9.46 8.91 8.38 7.88 7.39 6.93 6.48 6.06 5.67 5.29 4.93 4.60 4.28 3.99 3.71 3.45 3.20 2.97 2.76 2.56 2.37 2.20 2.04 1.89 1.74 1.61 1.48 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Complete Life Expectancy 1.36 1.25 1.15 .94 .83 .50 TABLE II Present value of life annuities (pres per annum payable annually in arr 12.3% per annum, compounded an Males Age Value of Life Annuity 7.906649 8.060559 8.063661 8.064012 8.063579 8.061799 8.058875 8.054849 8.049772 8.043512 8.036388 8.028387 8.019677 8.010448 8.001286 7.992937 7.985505 7.979197 7.973603 7.968444 7.963779 7.959302 7.954759 7.949865 7.944110 7.936917 7.927824 7.916777 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Value of Life Annuity 7.903811 7.889156 7.872786 7.854582 7.834503 7.812406 7.788228 7.761799 7.732839 7.701493 7.667553 7.631340 7.592563 7.551357 7.507504 7.460940 7.411317 7.358427 7.301939 7.242028 7.178704 7.112072 7.042248 6.969096 6.892645 6.812844 6.729373 6.642053 6.550601 6.455153 6.356064 6.253673 6.148043 6.039190 5.927450 5.812811 5.695410 5.575102 5.451785 5.325797 5.197453 5.066556 4.933165 4.797063 4.658626 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Value of Life Annuity 4.518371 4.376352 4.232206 4.085940 3.938097 3.789607 3.640851 3.491596 3.342315 3.193567 3.045967 2.900071 2.755905 2.613755 2.473670 2.336623 2.203130 2.072538 1.945514 1.821935 1.701961 1.586537 1.474309 1.367327 1.263813 1.163092 1.064964 .972385 .879008 .796245 .704536 .582388 .494908 .296824 Females Age Value of Life Annuity 7.965058 8.085033 8.089925 8.091642 8.092466 8.093024 8.093005 8.092152 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Value of Life Annuity 8.090545 8.088371 8.085836 8.082990 8.079701 8.076285 8.072819 8.069297 8.065992 8.062743 8.059559 8.055985 8.052157 8.047673 8.042730 8.037087 8.030934 8.023931 8.016250 8.007808 7.998511 7.988344 7.977387 7.965448 7.952590 7.938792 7.923751 7.907591 7.890171 7.871427 7.851377 7.829857 7.806869 7.782318 7.756191 7.728201 7.698202 7.666033 7.631421 7.594330 7.554717 7.512535 7.467729 7.420145 7.369608 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Value of Life Annuity 7.316103 7.259250 7.198799 7.134559 7.066221 6.993794 6.916839 6.834950 6.747842 6.655368 6.557714 6.454654 6.345844 6.231162 6.110653 5.984646 5.853192 5.715763 5.572399 5.423544 5.270060 5.112078 4.949419 4.782266 4.611469 4.438289 4.263534 4.087167 3.909647 3.732052 3.555377 3.380387 3.207310 3.036312 2.868308 2.703934 2.543836 2.387853 2.236095 2.088903 1.947038 1.810253 1.678872 1.552312 1.430415 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II Age Value of Life Annuity 1.314481 1.203993 1.098564 .996374 .899232 .805828 .709339 .629385 .554958 .384928 .296824 TABLE III Present value of annuity certain (an per annum payable annually in arr annum, compounded annually. No. of Years Value of Annuity Certain .890472 1.683412 2.389503 3.018258 3.578146 4.076710 4.520668 4.916000 5.268032 5.581507 5.860647 6.109214 6.330556 6.527654 6.703165 6.859452 6.998622 7.122548 7.232901 7.331168 7.418671 7.496591 7.565976 7.627761 7.682779 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II No. of Years Value of Annuity Certain 7.731771 7.775397 7.814245 7.848838 7.879642 7.907072 7.931498 7.953248 7.972617 7.989863 8.005221 8.018897 8.031075 8.041919 8.051575 8.060174 8.067830 8.074649 8.080720 8.086127 8.090941 8.093228 8.099045 8.102445 8.105472 8.108167 8.110567 8.112705 8.114608 8.116303 8.117812 8.119156 8.120352 8.121418 8.122367 8.123212 8.123964 8.124634 8.125231 8.125762 8.126235 8.126656 8.127032 8.127366 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II No. of Years Value of Annuity Certain 8.127663 8.127928 8.128164 8.128374 8.128561 8.128727 8.128876 8.129008 8.129125 8.129230 8.129323 8.129406 8.129480 8.129546 8.129605 8.129657 8.129703 8.129745 8.129782 8.129814 8.129844 8.129870 8.129893 8.129914 8.129932 8.129948 8.129963 8.129976 8.129987 8.129998 8.130007 TABLE IV Present value of $1.00 due at the en indicated (present value of deferre per annum, compounded annually No. of Years Value of Annuity Certain .890472 .792940 .706091 .628754 .559888 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II No. of Years Value of Annuity Certain .498565 .443958 .395332 .352032 .313475 .279140 .248567 .221342 .197099 .175511 .156287 .139170 .123927 .110353 .098266 .087503 .077919 .069385 .061785 .055018 .048992 .043626 .038848 .034593 .030804 .027430 .024426 .021750 .019368 .017247 .015358 .013676 .012178 .010844 .009656 .008599 .007657 .006818 .006071 .005406 .004814 .004287 .003817 .003399 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II No. of Years Value of Annuity Certain .003027 .002695 .002400 .002137 .001903 .001695 .001509 .001344 .001197 .001066 .000949 .000845 .000752 .000670 .000597 .000531 .000473 .000421 .000375 .000334 .000297 .000265 .000236 .000210 .000187 .000167 .000148 .000132 .000118 .000105 .000093 .000083 .000074 .000066 .000059 .000052 .000046 .000041 .000037 .000033 .000029 .000026 .000023 .000021 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II No. of Years Value of Annuity Certain .000018 .000016 .000015 .000013 .000012 .000010 .000009 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) ANNEXE II (art. 48) TABLE I Tables de mortalité, Canada, 1970Canada relativement au recensem Hommes Âge Espérance de vie 69,34 69,76 68,86 67,91 66,97 66,02 65,06 64,09 63,12 62,14 61,17 60,19 59,22 58,24 57,28 56,33 55,39 54,46 53,53 52,62 51,71 50,80 49,89 48,98 48,07 47,16 46,23 45,30 44,37 43,44 42,50 41,56 40,63 39,69 38,76 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Espérance de vie 37,83 36,90 35,97 35,05 34,13 33,22 32,32 31,42 30,53 29,65 28,77 27,90 27,04 26,19 25,35 24,52 23,71 22,91 22,11 21,34 20,57 19,82 19,08 18,35 17,64 16,95 16,27 15,61 14,96 14,33 13,72 13,12 12,54 11,98 11,43 10,90 10,38 9,88 9,39 8,92 8,47 8,02 7,60 7,19 6,79 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Espérance de vie 6,41 6,05 5,70 5,36 5,04 4,74 4,45 4,17 3,91 3,67 3,43 3,21 3,00 2,81 2,62 2,45 2,28 2,13 1,98 1,84 1,71 1,58 1,47 1,34 1,19 1,07 0,83 0,50 Femmes Âge Espérance de vie 76,36 76,56 75,64 74,70 73,74 72,79 71,82 70,85 69,87 68,89 67,91 66,93 65,95 64,97 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Espérance de vie 63,99 63,02 62,05 61,08 60,11 59,15 58,18 57,21 56,25 55,28 54,31 53,34 52,37 51,40 50,44 49,47 48,51 47,54 46,58 45,62 44,67 43,71 42,76 41,81 40,87 39,92 38,99 38,05 37,13 36,20 35,28 34,37 33,45 32,55 31,65 30,75 29,86 28,98 28,11 27,24 26,38 25,53 24,68 23,85 23,02 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Espérance de vie 22,20 21,39 20,58 19,79 19,01 18,23 17,47 16,72 15,98 15,26 14,55 13,85 13,71 12,51 11,86 11,24 10,63 10,03 9,46 8,91 8,38 7,88 7,39 6,93 6,48 6,06 5,67 5,29 4,93 4,60 4,28 3,99 3,71 3,45 3,20 2,97 2,76 2,56 2,37 2,20 2,04 1,89 1,74 1,61 1,48 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Espérance de vie 1,36 1,25 1,15 0,94 0,83 0,50 TABLE II Valeur actuelle d’une rente viagère 1 $ par année versée annuellemen Intérêts annuels de 12,3 % compos Hommes Âge Valeur de la rente viagère 7,906649 8,060559 8,063661 8,064012 8,063579 8,061799 8,058875 8,054849 8,049772 8,043512 8,036388 8,028387 8,019677 8,010448 8,001286 7,992937 7,985505 7,979197 7,973603 7,968444 7,963779 7,959302 7,954759 7,949865 7,944110 7,936917 7,927824 7,916777 7,903811 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Valeur de la rente viagère 7,889156 7,872786 7,854582 7,834503 7,812406 7,788228 7,761799 7,732839 7,701493 7,667553 7,631340 7,592563 7,551357 7,507504 7,460940 7,411317 7,358427 7,301939 7,242028 7,178704 7,112072 7,042248 6,969096 6,892645 6,812844 6,729373 6,642053 6,550601 6,455153 6,356064 6,253673 6,148043 6,039190 5,927450 5,812811 5,695410 5,575102 5,451785 5,325797 5,197453 5,066556 4,933165 4,797063 4,658626 4,518371 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Valeur de la rente viagère 4,376352 4,232206 4,085940 3,938097 3,789607 3,640851 3,491596 3,342315 3,193567 3,045967 2,900071 2,755905 2,613755 2,473670 2,336623 2,203130 2,072538 1,945514 1,821935 1,701961 1,586537 1,474309 1,367327 1,263813 1,163092 1,064964 0,972385 0,879008 0,796245 0,704536 0,582388 0,494908 0,296824 Femmes Âge Valeur de la rente viagère 7,965058 8,085033 8,089925 8,091642 8,092466 8,093024 8,093005 8,092152 8,090545 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Valeur de la rente viagère 8,088371 8,085836 8,082990 8,079701 8,076285 8,072819 8,069297 8,065992 8,062743 8,059559 8,055985 8,052157 8,047673 8,042730 8,037087 8,030934 8,023931 8,016250 8,007808 7,998511 7,988344 7,977387 7,965448 7,952590 7,938792 7,923751 7,907591 7,890171 7,871427 7,851377 7,829857 7,806869 7,782318 7,756191 7,728201 7,698202 7,666033 7,631421 7,594330 7,554717 7,512535 7,467729 7,420145 7,369608 7,316103 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Valeur de la rente viagère 7,259250 7,198799 7,134559 7,066221 6,993794 6,916839 6,834950 6,747842 6,655368 6,557714 6,454654 6,345844 6,231162 6,110653 5,984646 5,853192 5,715763 5,572399 5,423544 5,270060 5,112078 4,949419 4,782266 4,611469 4,438289 4,263534 4,087167 3,909647 3,732052 3,555377 3,380387 3,207310 3,036312 2,868308 2,703934 2,543836 2,387853 2,236095 2,088903 1,947038 1,810253 1,678872 1,552312 1,430415 1,314481 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Âge Valeur de la rente viagère 1,203993 1,098564 0,996374 0,899232 0,805828 0,709339 0,629385 0,554958 0,384928 0,296824 TABLE III Valeur actuelle d’une rente certaine 1 $ année versée annuellement en 12,3 % composés annuellement. Nombre d’années Valeur de rente certaine 0,890472 1,683412 2,389503 3,018258 3,578146 4,076710 4,520668 4,916000 5,268032 5,581507 5,860647 6,109214 6,330556 6,527654 6,703165 6,859452 6,998622 7,122548 7,232901 7,331168 7,418671 7,496591 7,565976 7,627761 7,682779 7,731771 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Nombre d’années Valeur de rente certaine 7,775397 7,814245 7,848838 7,879642 7,907072 7,931498 7,953248 7,972617 7,989863 8,005221 8,018897 8,031075 8,041919 8,051575 8,060174 8,067830 8,074649 8,080720 8,086127 8,090941 8,093228 8,099045 8,102445 8,105472 8,108167 8,110567 8,112705 8,114608 8,116303 8,117812 8,119156 8,120352 8,121418 8,122367 8,123212 8,123964 8,124634 8,125231 8,125762 8,126235 8,126656 8,127032 8,127366 8,127663 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Nombre d’années Valeur de rente certaine 8,127928 8,128164 8,128374 8,128561 8,128727 8,128876 8,129008 8,129125 8,129230 8,129323 8,129406 8,129480 8,129546 8,129605 8,129657 8,129703 8,129745 8,129782 8,129814 8,129844 8,129870 8,129893 8,129914 8,129932 8,129948 8,129963 8,129976 8,129987 8,129998 8,130007 TABLE IV Valeur actuelle d’une rente de 1 $ à d’années indiqué (valeur actuelle d annuels de 12,3 % composés annu Nombre d’années Valeur de rente certaine 0,890472 0,792940 0,706091 0,628754 0,559888 0,498565 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Nombre d’années Valeur de rente certaine 0,443958 0,395332 0,352032 0,313475 0,279140 0,248567 0,221342 0,197099 0,175511 0,156287 0,139170 0,123927 0,110353 0,098266 0,087503 0,077919 0,069385 0,061785 0,055018 0,048992 0,043626 0,038848 0,034593 0,030804 0,027430 0,024426 0,021750 0,019368 0,017247 0,015358 0,013676 0,012178 0,010844 0,009656 0,008599 0,007657 0,006818 0,006071 0,005406 0,004814 0,004287 0,003817 0,003399 0,003027 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Nombre d’années Valeur de rente certaine 0,002695 0,002400 0,002137 0,001903 0,001695 0,001509 0,001344 0,001197 0,001066 0,000949 0,000845 0,000752 0,000670 0,000597 0,000531 0,000473 0,000421 0,000375 0,000334 0,000297 0,000265 0,000236 0,000210 0,000187 0,000167 0,000148 0,000132 0,000118 0,000105 0,000093 0,000083 0,000074 0,000066 0,000059 0,000052 0,000046 0,000041 0,000037 0,000033 0,000029 0,000026 0,000023 0,000021 0,000018 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE II (French) Nombre d’années Valeur de rente certaine 0,000016 0,000015 0,000013 0,000012 0,000010 0,000009 Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE III Form of Consent To Audit for Investor Who Is an Individual SCHEDULE III (s. 34) Form of Consent To Audit for Investor Who Is an Individual I hereby consent and undertake to submit to an audit of examination of any of my documents, records and books of account that relate to Canadian ownership rate of the entity named in Part A of this Form and to give all reasonable assistance for that purpose to any person authorized by the Minister for that purpose. Date Signature Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE IV Form of Consent To Audit for Investor That Is Not an Individual SCHEDULE IV (s. 34) Form of Consent To Audit for Investor That Is Not an Individual I, , of Name of Individual Office (the “Investor”) Name of Investor certify that I am duly authorized to consent to audit for the Investor and on its behalf. The Investor hereby consents and undertakes to submit to an audit or examination of any of its documents, records and books of account that relate to the Canadian ownership rate of the entity named in Part A of this Form and to give all reasonable assistance for that purpose to any person authorized by the Minister for that purpose. Date Signature Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE V Form of Consent To Audit for Nominee on Behalf of Investor SCHEDULE V (s. 34) Form of Consent To Audit for Nominee on Behalf of Investor The Nominee consents and undertakes on behalf of (Client Identification No.) , (Client Identification No.) (Client Identification No.) , and (Client Identification No.) (Client Identification No.) (the “Auditable Investors”) and on its own behalf to submit to an audit or examination of such of the documents, records and books of account of each of the Auditable Investors and such of the documents, records and books of account of the Nominee as relate to the Canadian ownership rate of the Nominee as relate to the Canadian ownership rate of the entity referred to in Part A of this Form and to give all reasonable assistance for that purpose to any person authorized by the Minister for that purpose. The Nominee also hereby certifies that it is duly authorized by each of the Auditable Investors to deliver this consent on behalf of each of the Auditable Investors. Date Name of Nominee (print) Current to June 20, 2022 Authorized Signature Name and Office Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE VI SCHEDULE VI (s. 35) The undernamed entity hereby certifies that: 1 The individual(s) signing on behalf of the entity is/are duly authorized to execute the relevant Certificate and Consent to Control Status Audit (found in part C.1, C.2, or C.3) for the entity and on its behalf; The entity has no knowledge or reason to believe that any information contained in this Annex is incorrect; and The entity hereby consents and undertakes to submit to an audit or examination of any of its documents, records and books of account that relate to the control status of the entity referred to in Part A of this Annex and to give all reasonable assistance for that purpose to any person authorized by the Minister of Energy, Mines and Resources. CORPORATION (NAME OF CORPORATION) (Name of Officer) (Office) (Signature) (Date) PARTNERSHIP (NAME OF PARTNERSHP) (Name of Officer) (Office) (Signature) (Date) TRUST (NAME OF PARTNERSHIP) Current to June 20, 2022 Canadian Ownership and Control Determination Regulations, 1984 SCHEDULE VI (Name of Individual) (Office) (Signature) (Date) (Name of Individual) (Office) (Signature) (Date) Current to June 20, 2022
CONSOLIDATION Customs Duties Accelerated Reduction Order, No. 5 [Repealed, SOR/2020-159, s. 1] Current to June 20, 2022 Last amended on July 1, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2020 TABLE OF PROVISIONS Order Respecting the Accelerated Reduction or Removal of Certain Customs Duties Under the Customs Tariff as a Consequence of Concessions Granted Pursuant to the Canada-United States Free Trade Agreement Current to June 20, 2022 Last amended on July 1, 2020 ii
CONSOLIDATION Canadian Egg Marketing Levies Order SOR/2003-75 Current to June 20, 2022 Last amended on May 30, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 30, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 30, 2022 TABLE OF PROVISIONS Canadian Egg Marketing Levies Order Interpretation Application Levies Collection Coming into Force Current to June 20, 2022 Last amended on May 30, 2022 ii Registration SOR/2003-75 February 20, 2003 FARM PRODUCTS AGENCIES ACT Canadian Egg Marketing Levies Order Whereas the Governor in Council has, by the Canadian Egg Marketing Agency Proclamationa, established the Canadian Egg Marketing Agency pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas the Canadian Egg Marketing Agency has been empowered to implement a marketing plan pursuant to that Proclamation; Whereas the proposed annexed Canadian Egg Marketing Levies Order is an order of a class to which paragraph 7(1)(d)d of that Act applies by reason of section 2 of the Agencies' Orders and Regulations Approval Ordere, and has been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act; And whereas, pursuant to paragraph 7(1)(d)d of that Act, the National Farm Products Council has approved the proposed Order after being satisfied that the proposed Order is necessary for the implementation of the marketing plan that that Agency is authorized to implement; Therefore, the Canadian Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and section 10 of Part II of the schedule to the Canadian Egg Marketing Agency Proclamationa, hereby makes the annexed Canadian Egg Marketing Levies Order. Ottawa, Ontario, February 20, 2003 a C.R.C., c. 646 b S.C. 1993, c. 3, par. 13(b) c S.C. 1993, c. 3, s. 2 d S.C. 1993, c. 3, s. 7(2) e C.R.C., c. 648 Current to June 20, 2022 Last amended on May 30, 2022 Interpretation 1 The following definitions apply in this Order. Agency means the Canadian Egg Marketing Agency. (Office) Commodity Board means any of the following: (a) the Ontario Egg Producers; (b) the Fédération des producteurs d'oeufs de consommation du Québec; (c) the Nova Scotia Egg Producers; (d) the New Brunswick Egg Marketing Board; (e) the Manitoba Egg Producers; (f) the British Columbia Egg Producers; (g) the Egg Producers of Prince Edward Island; (h) the Saskatchewan Egg Producers; (i) the Alberta Egg Producers Board; (j) the Egg Producers of Newfoundland and Labrador; and (k) the Northwest Territories Egg Producers' Board. (office de commercialisation) egg means the egg of a hen. (œuf) grading station operator means a person who washes, grades, packs or markets eggs and includes, when applicable, a Commodity Board and a producer-vendor. ((responsable d'un poste de classement)) hen means a hen of any class of the domestic chicken belonging to the species Gallus domesticus. (poule) Plan means the marketing plan the terms of which are set out in Part II of the schedule to the Canadian Egg Marketing Agency Proclamation. (plan) producer means a person who is engaged in the production of eggs in Canada and includes a producer-vendor. (producteur) producer-vendor means a producer who is a grading station operator in respect of all or any portion of the eggs produced by him or her. (producteur-vendeur) Current to June 20, 2022 Last amended on May 30, 2022 Canadian Egg Marketing Levies Order Interpretation Sections 1-3 Application 2 Subsection 3(1) does not apply in respect of eggs marketed under an egg for processing quota or a special temporary market requirement quota that is allotted under the Canadian Egg Marketing Agency Quota Regulations, 1986. SOR/2015-223, s. 1; SOR/2017-207, s. 1. Levies 3 (1) Each producer shall pay, on each dozen of eggs marketed by the producer in interprovincial or export trade, a levy of (a) in the Province of Ontario, $0.4545; (b) in the Province of Quebec, $0.5275; (c) in the Province of Nova Scotia, $0.5175; (d) in the Province of New Brunswick, $0.5425; (e) in the Province of Manitoba, $0.5395; (f) in the Province of British Columbia, $0.5544; (g) in the Province of Prince Edward Island, $0.5295; (h) in the Province of Saskatchewan, $0.5710; (i) in the Province of Alberta, $0.5653; (j) in the Province Labrador, $0.5295; and of Newfoundland and (k) in the Northwest Territories, $0.5535. (2) Subsection (1) ceases to have effect on March 31, 2023. (3) Each producer shall pay a levy of $0.80 for each dozen of eggs marketed by the producer in interprovincial or export trade in excess of the egg for processing quota allotted to the producer under the Canadian Egg Marketing Agency Quota Regulations, 1986, or marketed in a manner contrary to the conditions respecting that quota. (4) [Repealed, SOR/2017-207, s. 2] Current to June 20, 2022 Last amended on May 30, 2022 Canadian Egg Marketing Levies Order Levies Sections 3-6 (4.1) Each producer shall pay a levy of $0.80 for each dozen of eggs marketed by the producer in interprovincial or export trade in excess of the special temporary market requirement quota that is allotted to the producer under the Canadian Marketing Agency Quota Regulations, 1986, or marketed in a manner contrary to the conditions respecting that quota. (5) Each producer shall pay a levy of $0.50 for each dozen of eggs marketed by the producer in interprovincial or export trade in excess of a federal quota allotted to the producer under the Canadian Egg Marketing Agency Quota Regulations, 1986, or marketed in a manner contrary to the conditions respecting that quota. (6) Subsections (3) to (5) apply in addition to any other measures or sanctions under the Farm Products Agencies Act or under any order or regulation of the Agency. SOR/2004-56, s. 1; SOR/2004-172, s. 1; SOR/2004-320, s. 1; SOR/2005-76, s. 1; SOR/ 2005-238, s. 1; SOR/2006-23, s. 1; SOR/2007-6, s. 1; SOR/2007-190, s. 1; SOR/2008-15, s. 1; SOR/2008-172, s. 1; SOR/2008-291, s. 1; SOR/2008-297, s. 1; SOR/2009-11, s. 1; SOR/ 2010-7, s. 1; SOR/2010-315, s. 1; SOR/2012-53, s. 1; SOR/2012-301, s. 1; SOR/2013-251, s. 1; SOR/2014-231, s. 1; SOR/2014-319, s. 1; SOR/2015-113, s. 1; SOR/2015-223, s. 2; SOR/2015-252, s. 1; SOR/2016-234, s. 1; SOR/2017-6, s. 1; SOR/2017-207, s. 2; SOR/ 2017-287, s. 1; SOR/2018-76, s. 1; SOR/2018-171, s. 1; SOR/2018-210, s. 1; SOR/2019-4, s. 1; SOR/2019-55, s. 1; SOR/2019-272, s. 1; SOR/2019-332, s. 1; SOR/2019-339, s. 1; SOR/2020-1, s. 1; SOR/2020-93, s. 1; SOR/2020-94, s. 1; SOR/2020-291, s. 1; SOR/ 2021-30, s. 1; SOR/2021-85, s. 1; SOR/2021-255, s. 1; SOR/2022-34, s. 1; SOR/2022-57, s. 1; SOR/2022-119, s. 1. 4 If eggs are sold or otherwise disposed of by a producer to a grading station operator, the grading station operator shall deduct the amount of the levy payable under section 3 in respect of those eggs from the moneys payable by the grading station operator to the producer for the eggs. Collection 5 The Agency, having obtained the concurrence of each Commodity Board, hereby appoints each Commodity Board, under subsection 10(4) of the Plan, to collect the levy payable under section 3 on behalf of the Agency. 6 (1) A levy payable under section 3 shall be remitted to the Commodity Board of the province where the producer on whom the levy is imposed is engaged in the production of eggs. (2) The remittance shall be made at the address and at the times that the Commodity Board directs, (a) in the circumstances set out in section 4, by the grading station operator; and (b) in any other circumstances, by the producer. Current to June 20, 2022 Last amended on May 30, 2022 Canadian Egg Marketing Levies Order Collection Sections 6-8 (3) Each Commodity Board shall send to the Agency all the levies received by it under subsection (1) during a week at the end of that week. 7 The levy referred to in subsection 3(3) may be deducted by the Agency from the moneys payable to the producer. Coming into Force 8 This Order comes into force on the day on which it is registered. Current to June 20, 2022 Last amended on May 30, 2022
CONSOLIDATION Critical Habitat of Carmine Shiner (Notropis percobromus) Order SOR/2018-183 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of Carmine Shiner (Notropis percobromus) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2018-183 September 7, 2018 SPECIES AT RISK ACT Critical Habitat of percobromus) Order Carmine Shiner (Notropis Whereas the Carmine Shiner (Notropis percobromus) is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of Carmine Shiner (Notropis percobromus) Order. Ottawa, September 4, 2018 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of Carmine Shiner (Notropis percobromus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Carmine Shiner (Notropis percobromus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Spotted Gar (Lepisosteus oculatus) Order SOR/2017-264 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Spotted Gar (Lepisosteus oculatus) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2017-264 December 4, 2017 SPECIES AT RISK ACT Critical Habitat of the Spotted Gar (Lepisosteus oculatus) Order Whereas the Spotted Gar (Lepisosteus oculatus) is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; And whereas, pursuant to subsection 58(5) of that Act, the Minister of Fisheries and Oceans has consulted with the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, with respect to the annexed Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Spotted Gar (Lepisosteus oculatus) Order. Ottawa, November 30, 2017 Le ministre des Pêc Dominic Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Spotted Gar (Lepisosteus oculatus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Spotted Gar (Lepisosteus oculatus) — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, in Point Pelee National Park of Canada as described in Part 5 of Schedule 1 to the Canada National Parks Act and Big Creek National Wildlife Area as described in Part IV of Schedule I to the Wildlife Area Regulations. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Certain Fees Relating to Export Certificates Remission Order SI/2011-77 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Certain Fees Relating to Export Certificates Remission Order 1 Remission Condition Current to June 20, 2022 ii Registration SI/2011-77 October 12, 2011 FINANCIAL ADMINISTRATION ACT Certain Fees Relating Remission Order P.C. 2011-944 to Export Certificates September 22, 2011 His Excellency the Governor General in Council, considering that the collection of certain fees relating to export certificates is unreasonable and unjust, on the recommendation of the Minister of Agriculture and Agri-Food and the Treasury Board, pursuant to subsection 23(2.1)a of the Financial Administration Actb, hereby makes the annexed Certain Fees Relating to Export Certificates Remission Order. a S.C. 1991, c. 24, s. 7(2) b R.S., c. F-11 Current to June 20, 2022 Certain Fees Relating to Export Certificates Remission Order Remission 1 Remission is granted of the portion of the fee that exceeds $75.00 paid or payable under paragraph 21(4)(a) or (6)(a), subparagraph 21(6)(b)(i), subitem 22(3) or (5), 23(2) or (5), 24(4) or (5), 25(3), (4) or (7) or 26(3) or item 29 of the table to Part 11 of the Canadian Food Inspection Agency Fees Notice for an export certificate issued during the period beginning on October 1, 2011 and ending on September 30, 2013. Condition 2 The remission is granted on the condition that the inspection on the basis of which the export certificate is issued is carried out by an accredited veterinarian, as defined in section 2 of the Health of Animals Regulations. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SOR/2018-156 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order 1 Application Critical habitat Coming into force SCHEDULE Current to June 20, 2022 ii Registration SOR/2018-156 July 6, 2018 SPECIES AT RISK ACT Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order Whereas the Lake Chubsucker (Erimyzon sucetta) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; Whereas, pursuant to subsection 58(5) of that Act, the Minister of Fisheries and Oceans has consulted with the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, with respect to the annexed Order; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect a reserve or any other lands that are set apart for the use and benefit of a band and, pursuant to subsection 58(7) of that Act, has consulted with the Minister of Indian Affairs and Northern Development and the band with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order. Ottawa, July 3, 2018 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order Le ministre des Pêc Dominic Minister of Fishe Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Lake Chubsucker (Erimyzon sucetta) — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, in Point Pelee National Park of Canada as described in Part 5 of Schedule 1 to the Canada National Parks Act and in Big Creek National Wildlife Area, Long Point National Wildlife Area and St. Clair National Wildlife Area as described in Part IV of Schedule I to the Wildlife Area Regulations. Critical habitat 2 (1) For greater certainty, section 1 applies to that species’ critical habitat that is contained within the following areas: (a) the entire Old Ausable Channel, Ontario, from the mouth of the channel (latitude 43°18′35.560″ N, longitude 81°45′47.797″ W) to its end at Grand Bend (latitude 43°13′57.309″ N, longitude 81°52′37.392″ W), as illustrated in Map 1 of the schedule; (b) all contiguous waters and wetlands of L Lake, Ontario, including the northern and western tips of that lake where it is bisected by Outer Drive and the seasonal wetlands to the north of that lake, within the area set out in Table 1 of the schedule in respect of that lake, as illustrated in Map 2 of the schedule; (c) the contiguous waters and wetlands of Rondeau Bay, Ontario, within the area set out in Table 1 of the schedule in respect of that bay, as illustrated in Map 3 of the schedule; (d) the contiguous waters and wetlands of Long Point Bay, Ontario, including the ponds along the spit that forms the southern boundary of that bay, within the area set out in Table 1 of the schedule in respect of that bay, as illustrated in Map 4 of the schedule, but excluding the portion of that critical habitat that is in the Long Point National Wildlife Area; and (e) all contiguous waters and wetlands of Lyons Creek, Ontario, from the Welland Canal (latitude 42°58′29.038″ N, longitude 79°13′12.175″ W) to Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order Sections 2-3 Montrose Road (latitude 43°00′19.797″ N, longitude 79°07′25.073″ W), as illustrated in Map 5 of the schedule. Features and attributes (2) The critical habitat of the species includes the key features and attributes set out in columns 3 and 4 of Table 2 of the schedule. Coming into force 3 This Order comes into force on the day on which it is registered. Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE SCHEDULE (Section 2) TABLE 1 Coordinates of the Areas Within the Lake Chubsucker is Found Column 1 Column 2 Column 3 Item Location Point 1 (NW) Point 2 (NE) L Lake Latitude 43°13′27.490″ N, longitude 81°55′17.517″ W Latitude 43°13′40.0 longitude 81°54′29. Rondeau Bay Latitude 42°16′58.396″ N, longitude 81°53′50.301″ W Latitude 42°19′34.7 longitude 81°51′19. Long Point Bay Latitude 42°40′45.822″ N, longitude 80°19′57.794″ W Latitude 42°33′04.6 longitude 80°02′20. TABLEAU 1 Coordonnées des aires où se situ de lac Colonne 1 Colonne 2 Colonne 3 Article Lieu Point 1 (N.-O.) Point 2 (N.-E.) Lac L 43°13′27,490″N de latitude; 43°13′40,029″N de 81°55′17,517″O de 81°54′29,740″O de longitude Baie Rondeau 42°16′58,396″N de latitude; 42°19′34,763″N de 81°53′50,301″O de 81°51′19,993″O de longitude Baie Long Point 42°40′45,822″N de latitude; 42°33′04,619″N de 80°19′57,794″O de 80°02′20,594″O de longitude MAPS Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Map 1: Critical Habitat of the Lake Chubsucker Within the Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Carte 1 : habitat essentiel du sucet de lac dans le chenal O Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Map 2: Critical Habitat of the Lake Chubsucker in L Lake Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Carte 2 : habitat essentiel du sucet de lac dans le lac L Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Map 3: Critical Habitat of the Lake Chubsucker in Rondeau Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Carte 3 : habitat essentiel du sucet de lac dans la baie Ron Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Map 4: Critical Habitat of the Lake Chubsucker in Long Po Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Carte 4 : habitat essentiel du sucet de lac dans la baie Lon Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Map 5: Critical Habitat of the Lake Chubsucker in Lyons C Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Carte 5 : habitat essentiel du sucet de lac dans le ruisseau TABLE 2 Key Features and Attributes of C Column 1 Column 2 Co Life Stage Function Fe Spawn to hatch Spawning, cover, nursery Ar aq Current to June 20, 2022 Critical Habitat of the Lake Chubsucker (Erimyzon sucetta) Order SCHEDULE Column 1 Column 2 Co Life Stage Function Fe Young-of-the-year, juvenile, adult Feeding, cover, nursery Ar aq TABLEAU 2 Principales caractéristiques et pr essentiel Colonne 1 Colonne 2 Co Stade de développement Fonction Ca Du frai à l’éclosion Frai, abri, alevinage Zo sa Jeune de l’année, juvénile, adulte Alimentation, abri et alevinage Zo sa Current to June 20, 2022
CONSOLIDATION Canada Not-for-profit Corporations Regulations SOR/2011-223 Current to June 20, 2022 Last amended on January 15, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 15, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 15, 2020 TABLE OF PROVISIONS Canada Not-for-profit Corporations Regulations Interpretation PART 1 General 2 Corporate Records and Registers Electronic Documents Dispensation Requirement PART 2 Time Periods and Prescribed Amounts 16 Definition of “soliciting corporation” Debt Obligation Certificates and Transfers Trust Indentures Receivers, Receiver-Managers and Sequestrators Directors and Officers Liquidation and Dissolution Remedies, Offences and Punishment General PART 3 Corporate Names 42 Interpretation Confusing Names General Prohibitions Non-distinctive Names Current to June 20, 2022 Last amended on January 15, 2020 ii Canada Not-for-profit Corporations Regulations TABLE OF PROVISIONS Deceptively Misdescriptive Names General PART 4 By-Laws and Meetings of Members 60 By-laws Time Period for Annual Meeting of Members Record Date Notice of Meeting of Members Member Proposals Quorum for Meeting of Members Communication Facilities for Meeting of Members Requisition of Meeting of Members Unanimous Member Agreements Absentee Voting PART 5 Financial Disclosure 75 General Contents of Financial Statements PART 6 Public Accountant 85 PART 7 Fundamental Changes 88 PART 8 Rules of Procedure for Applications for Exemptions Current to June 20, 2022 Last amended on January 15, 2020 iv Canada Not-for-profit Corporations Regulations TABLE OF PROVISIONS Application Time for Making Applications General PART 9 Cancellation of Articles and Certificates 94 PART 10 Prescribed Fees *95 Coming into Force SCHEDULE Current to June 20, 2022 Last amended on January 15, 2020 v Registration SOR/2011-223 October 6, 2011 CANADA NOT-FOR-PROFIT CORPORATIONS ACT Canada Not-for-profit Corporations Regulations P.C. 2011-1163 October 6, 2011 Whereas the User Fees Acta applies in respect of the fees fixed in the annexed Regulations; And whereas the requirements of section 4 of that Act have been complied with; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 293 of the Canada Notfor-profit Corporations Actb, hereby makes the annexed Canada Not-for-profit Corporations Regulations. a S.C. 2004, c. 6 b S.C. 2009, c. 23 Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations Interpretation 1 In these Regulations, Act means the Canada Not-forprofit Corporations Act. PART 1 General Corporate Records and Registers 2 (1) For the purpose of subsection 21(2) of the Act, the prescribed information for the register of directors is (a) the name of each director; (b) the current residential address of each director; (c) an email address if the director has consented to receiving information or documents by electronic means; and (d) for each person named in the register, the date on which that person became a director and, if applicable, the date on which that person ceased to be a director. (2) For the purpose of subsection 21(2) of the Act, the prescribed information for the register of officers is (a) the name of each officer; (b) the current residential address of each officer; (c) an email address if the officer has consented to receiving information or documents by electronic means; and (d) for each person named in the register, the date on which that person became an officer and, if applicable, the date on which that person ceased to be an officer. (3) For the purpose of subsection 21(2) of the Act, the prescribed information for the register of members is (a) the name of each member; Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 1 General Corporate Records and Registers Sections 2-6 (b) the current residential or business address of each member; (c) an email address if the member has consented to receiving information or documents by electronic means; (d) for each person named in the register, the date on which that person became a member and, if applicable, the date on which that person ceased to be a member; and (e) the class or group of membership of each member, if any. 3 For the purpose of subsection 44(1) of the Act, the prescribed information is (a) the name of each debt obligation holder; (b) the residential or business address of each debt obligation holder; (c) an email address if the debt obligation holder has consented to receiving information or documents by electronic means; (d) for each person named in the register, the date on which that person became a debt obligation holder and, if applicable, the date on which that person ceased to be a debt obligation holder; and (e) the principal amount of each of the outstanding debt obligations of each debt obligation holder. 4 For the purpose of subsection 21(4) of the Act, the prescribed period is six years after the end of the financial year to which the accounting records relate. 5 For the purposes of subsections 22(4), 24(2) and 107(1) of the Act, the prescribed information that has to be set out in the list of debt obligation holders is the following information drawn from the debt obligations register: (a) the names, in alphabetical order, and addresses of the registered debt obligation holders; (b) the principal amount of outstanding debt obligations for each debt obligation holder; and (c) the aggregate principal amount of the outstanding debt obligations. 6 For the purposes of subsections 23(2) and 24(2) of the Act, the prescribed information that has to be set out in the list of members is the following information drawn from the register of members: Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 1 General Corporate Records and Registers Sections 6-12 (a) the names, in alphabetical order, and addresses of the members; and (b) each member’s class or group, if any. 7 For the purposes of subsections 22(2) and 23(1) of the Act, the prescribed period is within 10 days after receipt of the statutory declaration, not including a period beginning on the day on which an application is made to the Director under section 25 of the Act and ending on the day on which the Director renders a decision with respect to the application. 8 (1) For the purposes of subsections 22(4), 23(2), 24(2) and 107(1) of the Act, the prescribed period for furnishing the list of debt obligation holders or the list of members is within 10 days after receipt of the statutory declaration or receipt of the Director’s request, as the case may be, not including a period beginning on the day on which an application is made to the Director under section 25 of the Act and ending on the day on which the Director renders a decision with respect to the application. (2) For the purposes of subsections 22(4), 23(2), 24(2) and 107(1) of the Act, the day for the lists to be up to date is not more than 10 days before the receipt of the statutory declaration or request. Electronic Documents 9 For the purposes of section 265 of the Act, prescribed information is the information referred to in subsection 162(1) of the Act. 10 (1) For the purpose of paragraph 266(2)(a) of the Act, the consent shall be in writing. (2) For the purpose of paragraph 266(2)(b) of the Act, information, other than information that is required under the Act to be sent to a specific place, may be sent as an electronic document to a place other than to an information system designated by the addressee under paragraph 266(2)(a) of the Act by posting it on or making it available through a generally accessible electronic source, such as a website, and by providing the addressee with notice in writing of the availability and location of that electronic document. 11 For the purpose of subsection 266(3) of the Act, an addressee may revoke the consent in writing. 12 For the purposes of paragraphs 267(b) and 268(2)(b) of the Act, when several addressees are provided with information, that information shall be provided concurrently, regardless of the manner of provision. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 1 General Electronic Documents Sections 13-16 13 An electronic document is considered to have been provided when it leaves an information system within the control of the originator or another person who provided the document on the originator’s behalf. 14 An electronic document is considered to have been received (a) if the document is provided to the information system designated by the addressee, when it enters that information system; or (b) if the document is posted on or made available through a generally accessible electronic source, when the notice referred to in subsection 10(2) is received by the addressee or, if sent electronically, when the notice enters the information system designated by the addressee. Dispensation Requirement 15 For the purpose of paragraph 285(b) of the Act, the prescribed requirement is that the dispensation does not prejudice any of the members or the public interest. PART 2 Time Periods and Prescribed Amounts Definition of “soliciting corporation” 16 For the purpose of subsection 2(5.1) of the Act, (a) the prescribed duration is from the date prescribed in paragraph (b) to the third annual meeting of members following that date; (b) the prescribed date is the date of the first annual meeting of members following the last financial year end; (c) the prescribed period is the duration of the last financial year; and (d) the prescribed amount is $10,000. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 2 Time Periods and Prescribed Amounts Debt Obligation Certificates and Transfers Sections 17-27 Debt Obligation Certificates and Transfers 17 For the purpose of subsection 44(5) of the Act, the prescribed period is six years after the day on which the certificate was cancelled. 18 (1) For the purpose of paragraph 61(2)(a) of the Act, the prescribed period is two years. (2) For the purpose of paragraph 61(2)(b) of the Act, the prescribed period is one year. 19 (1) For the purpose of paragraph 72(2)(a) of the Act, the prescribed period is one year. (2) For the purpose of paragraph 72(2)(b) of the Act, the prescribed period is six months. 20 For the purpose of paragraph 95(4)(a) of the Act, the prescribed period is one year. 21 For the purpose of subsection 97(2) of the Act, the prescribed period is 30 days. 22 For the purpose of section 99 of the Act, the prescribed period is one year after the day on which the notice was received. Trust Indentures 23 For the purpose of subsection 105(2) of the Act, the prescribed period is 90 days. 24 For the purpose of subsection 111(2) of the Act, the prescribed period is one year. 25 For the purpose of section 112 of the Act, the prescribed period is 30 days after the day on which the trustee becomes aware of the event of default. Receivers, Receiver-Managers and Sequestrators 26 For the purpose of paragraph 123(f) of the Act, the prescribed period is six months. Directors and Officers 27 For the purpose of subsection 127(3) of the Act, the prescribed period is five or more days before the day on which the meeting is to be held. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 2 Time Periods and Prescribed Amounts Directors and Officers Sections 28-35 28 (1) For the purpose of subsection 128(3) of the Act, the prescribed period is four years. (2) For the purpose of subparagraph 128(9)(b)(i) of the Act, the prescribed period is 10 days after the day on which the election or appointment took place. 29 (1) For the purpose of subsection 134(1) of the Act, in the case of a change in directors, the prescribed period is 15 days after the day on which a change is made and, in the case of a change of address, 15 days after the corporation receives a notice from a director under subsection 134(2) of the Act. (2) For the purpose of subsection 134(2) of the Act, the prescribed period is 15 days after the day on which the change is made. 30 For the purpose of subsection 147(3) of the Act, the prescribed period is seven days. Liquidation and Dissolution 31 For the purposes of subsections 218(1) and (2) of the Act, the prescribed period is three years. 32 (1) For the purpose of subparagraph 222(1)(a)(i) of the Act, the prescribed period is three years. (2) For the purpose of subparagraph 222(1)(a)(ii) of the Act, the prescribed period is three consecutive years. (3) For the purpose of subparagraph 222(1)(a)(iii) of the Act, the prescribed period is one year. (4) For the purpose of subsection 222(3) of the Act, the prescribed period is 120 days after the day on which notice is given by the Director under paragraph 222(2)(a) of the Act. 33 For the purpose of paragraph 223(1)(a) of the Act, the prescribed period is two or more consecutive years. 34 (1) For the purpose of subsection 226(2) of the Act, the prescribed period is 30 days. (2) For the purpose of paragraph 226(4)(a) of the Act, the prescribed minimum frequency is once a week. 35 (1) For the purpose of paragraph 231(b) of the Act, the notice of the appointment shall be published in a newspaper once a week for two consecutive weeks. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 2 Time Periods and Prescribed Amounts Liquidation and Dissolution Sections 35-42 (2) For the purpose of subparagraph 231(b)(iii) of the Act, the prescribed period is 60 days after the day on which the notice of the appointment was first provided by the liquidator. (3) For the purpose of paragraph 231(h) of the Act, the prescribed period is one year. 36 For the purpose of subsection 233(2) of the Act, the prescribed period is one year. 37 For the purpose of paragraph 235(1)(c) of the Act, the prescribed period is 60 months before the distribution of property remaining on liquidation after the discharge of any liabilities of the corporation and the prescribed amount is $10,000 in any financial year ending in that prescribed period. 38 For the purpose of section 238 of the Act, the prescribed period is six years. Remedies, Offences and Punishment 39 For the purpose of paragraph 251(2)(a) of the Act, the prescribed period is 14 or more days. 40 For the purpose of subsection 257(1) of the Act, the prescribed period is the later of 30 days after the day on which the articles or other document is received and 20 days after the day on which any related approval required under any other Act is received. General 41 For the purpose of subsection 283(3) of the Act, the prescribed period is six years after the day on which the Director receives the document. PART 3 Corporate Names Interpretation 42 (1) The following definitions apply in this Part. corporate name means the name of a corporation. (Version anglaise seulement) distinctive, in relation to a trade-name, considered as a whole and by its separate elements, means a trade-name that distinguishes the activities in association with which Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 3 Corporate Names Interpretation Sections 42-43 it is used or intended to be used by its owner from any other activities or that is adapted to so distinguish them. (distinctive) official mark means an official mark referred to in subparagraph 9(1)(n)(iii) of the Trademarks Act. (marque officielle) trademark means a trademark as defined in section 2 of the Trademarks Act. (marque de commerce) trade-name means a name that has been reserved by the Director under subsection 12(1) of the Act, or the name under which activities are carried on, or intended to be carried on, whether it is a corporate name or the name of a body corporate, trust, partnership, sole proprietorship or individual. (dénomination commerciale) use means the actual use by a person that carries on activities in Canada or elsewhere. (emploi) (2) For greater certainty, this Part applies to the corporate name of an amalgamated corporation. 2014, c. 20, s. 366(E). Confusing Names 43 A corporate name is confusing with (a) a trademark or an official mark if it is the same as that trademark or official mark or if the use of both the corporate name and either the trademark or the official mark, as the case may be, is likely to lead to the inference that the activities carried on or intended to be carried on under the corporate name and the activities connected with the trademark or the official mark, as the case may be, are the activities of one organization, whether or not the nature of those activities is generally the same; or (b) a trade-name if it is the same as that trade-name or if the use of both names is likely to lead to the inference that the activities carried on or intended to be carried on under the corporate name and the activities carried on under the trade-name are the activities of one organization, whether or not the nature of those activities is generally the same. 2014, c. 20, s. 366(E). Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 3 Corporate Names Confusing Names Sections 44-46 44 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if its use causes confusion with a trademark, official mark or trade-name, having regard to the circumstances, including (a) the inherent distinctiveness of the whole or any element of the trademark, official mark or trade-name and the extent to which it has become known; (b) the length of time the trademark, official mark or trade-name has been in use; (c) the nature of the goods, services or activities with which the trademark, official mark or trade-name is associated; (d) the nature of the trade with which the trademark, official mark or trade-name is associated; (e) the degree of resemblance between the proposed corporate name and the trademark, official mark or trade-name in appearance or sound or in the ideas suggested by them; and (f) the geographical area in Canada in which the trade-name or proposed corporate name is likely to be used. 2014, c. 20, s. 366(E). 45 Despite section 44, a corporate name that is confusing with the name of a body corporate that has not carried on activities in the two years immediately before the day on which the Director receives the documents referred to in section 9 or 201 or subsection 208(4), 211(5), 215(5), 216(6) or 219(3) of the Act or a request to reserve a name under subsection 12(1) of the Act is not prohibited for that reason alone if (a) the body corporate has been dissolved; or (b) in the case of a body corporate that has not been dissolved, it consents in writing to the use of the name and undertakes in writing to dissolve immediately or to change its name before the corporation that proposes to use the name begins using it. 46 Despite section 44, if a word in a corporate name is confusing with the distinctive element of a trademark, official mark or trade-name, the corporate name is not Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 3 Corporate Names Confusing Names Sections 46-49 prohibited for that reason alone if the person who owns the trademark, official mark or trade-name consents in writing to the use of the corporate name. 2014, c. 20, s. 366(E). 47 (1) Despite section 44, a corporate name that is confusing with the name of a body corporate is not prohibited for that reason alone if (a) the corporate name is the name of an existing or a proposed corporation that is the successor to the activities of the body corporate and the body corporate has ceased or will, in the immediate future, cease to carry on activities under that corporate name and undertakes in writing to dissolve or to change its corporate name before the successor corporation begins carrying on activities under that corporate name; and (b) the corporate name of the existing or proposed corporation sets out in numerals the year of incorporation, or the year of the most recent amendment to the corporate name, in parentheses. (2) If a corporate name is changed so that the reference to the year of incorporation or the year of the most recent amendment to the corporate name is deleted at least two years after it is introduced, it is not prohibited for that reason alone. 48 Despite section 44, if the corporate name of an amalgamated corporation is the same as the name of one of the amalgamating corporations, it is not prohibited for that reason alone. 49 (1) Despite section 44, the corporate name of an existing corporation that is the same as the name of an affiliated body corporate from which the existing corporation has acquired or will, in the immediate future, acquire all or substantially all of the property of the body corporate is not prohibited for that reason alone if the body corporate undertakes in writing to dissolve, or to change its name, before the corporation begins using the corporate name. (2) Despite section 44, if the corporate name of a proposed corporation is the same as the name of a body corporate that is to be an affiliate of the proposed corporation from which the proposed corporation will, in the immediate future, acquire all or substantially all of the property of the body corporate, the corporate name is not Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 3 Corporate Names Confusing Names Sections 49-52 prohibited for that reason alone if the body corporate undertakes in writing to dissolve, or to change its name, before the proposed corporation begins using the corporate name. 50 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it is confusing with a corporate name that is reserved by the Director for another person, unless written consent has been obtained from the person for whom the corporate name was reserved. General Prohibitions 51 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if the name contains any of the following elements: (a) “cooperative”, “coopérative”, “co-op” or “pool” when it connotes a cooperative venture; (b) “Parliament Hill” or “Colline du Parlement”; (c) “Royal Canadian Mounted Police”, “Gendarmerie royale du Canada”, “RCMP” or “GRC”; and (d) “United Nations”, “Nations Unies”, “UN” or “ONU” when it connotes a relationship to the United Nations. 52 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited when it connotes that the corporation (a) carries on its activities under royal, vice-regal or governmental patronage, approval or authority, unless Her Majesty or a person, society, authority or organization referred to in paragraph 9(2)(a) of the Trademarks Act consents in writing to the use of the name; (b) is sponsored or controlled by or is connected with the Government of Canada, the government of a province, the government of a country other than Canada or a political subdivision or agency of any such government, unless the appropriate government, political subdivision or agency consents in writing to the use of the name; (c) is sponsored or controlled by or is connected with a university or an association of accountants, architects, engineers, lawyers, physicians or surgeons or another professional association recognized by the laws of Canada or a province, unless the appropriate university or professional association consents in writing to the use of the name; Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 3 Corporate Names General Prohibitions Sections 52-56 (d) carries on the business of a bank, loan company, insurance company, trust company or another financial intermediary that is regulated by the laws of Canada, unless the Superintendent of Financial Institutions consents in writing to the use of the name; or (e) carries on the business of a stock exchange that is regulated by the laws of a province, unless the relevant provincial securities regulator consents in writing to the use of the name. 2014, c. 20, s. 366(E). 53 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it contains a word or phrase, or connotes an activity, that is obscene. 54 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if an element of the name is the family name of an individual, whether or not preceded by their given name or initials, unless the individual or their heir or personal representative consents in writing to the use of their name and the individual has or had a personal or other connection to the corporation. 55 For greater certainty, a corporate name is not prohibited only because it contains alphabetic or numeric characters, initials, punctuation marks or any combination of those elements. Non-distinctive Names 56 (1) For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it (a) is only descriptive, in any language, of the activities of the corporation, of the goods and services in which the corporation deals or intends to deal, or of the quality, function or other characteristic of those goods and services; (b) is primarily or only the name or family name, used alone, of an individual who is living or has died within 30 years before the day on which the Director receives any of the documents referred to in section 9 or 201 or subsection 208(4), 211(5), 215(5), 216(6) or 219(3) of the Act or a request to reserve a name under subsection 12(1) of the Act; or Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 3 Corporate Names Non-distinctive Names Sections 56-60 (c) is primarily or only a geographic name that is used alone. (2) Subsection (1) does not apply if a person proposing to use the corporate name establishes that it has been used in Canada or elsewhere by them or by their predecessors so as to have become distinctive in Canada on the day referred to in paragraph (1)(b). Deceptively Misdescriptive Names 57 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it is likely to mislead the public, in any language, with respect to any of the following: (a) the activities, goods or services in association with which it is proposed to be used; (b) the conditions under which the goods or services will be produced or supplied or the persons to be employed in the production or supply of the goods or services; and (c) the place of origin of the goods or services. General 58 (1) For the purpose of subsection 12(1) of the Act, the prescribed period for a reserved name is 90 days. (2) For the purpose of subsection 12(2) of the Act, the prescribed term is one of the following: “Association”, “Center”, “Centre”, “Fondation”, “Foundation”, “Institut”, “Institute” or “Society”. 59 For the purposes of subsections 13(5) and 296(8) of the Act, the prescribed period is 60 days. PART 4 By-Laws and Meetings of Members By-laws 60 For the purpose of section 153 of the Act, the prescribed period is 12 months after the day on which the members confirm or amend the by-law, amendment or repeal. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 4 By-Laws and Meetings of Members Time Period for Annual Meeting of Members Sections 61-63 Time Period for Annual Meeting of Members 61 (1) For the purpose of paragraph 160(1)(a) of the Act, the prescribed period is 18 months. (2) For the purpose of paragraph 160(1)(b) of the Act, the prescribed period is not later than 15 months after the last preceding annual meeting but not later than six months after the end of the corporation’s preceding financial year. Record Date 62 (1) For the purposes of paragraphs 161(1)(a) and (b) of the Act, the prescribed period is 21 to 60 days before the day on which the meeting is to be held. (2) For the purposes of paragraphs 161(1)(c) and (d) of the Act, the prescribed period is 60 days before the day on which the determination is made. (3) For the purpose of subparagraph 161(2)(b)(i) of the Act, the prescribed period is 10 days. Notice of Meeting of Members 63 (1) For the purpose of subsection 162(1) of the Act, one or more of the following manners is a prescribed manner of giving notice: (a) by mail, courier or personal delivery to each member entitled to vote at the meeting, during a period of 21 to 60 days before the day on which the meeting is to be held; (b) by telephonic, electronic or other communication facility to each member entitled to vote at the meeting, during a period of 21 to 35 days before the day on which the meeting is to be held; (c) by affixing the notice, no later than 30 days before the day on which the meeting is to be held, to a notice board on which information respecting the corporation’s activities is regularly posted and that is located in a place frequented by members; and (d) in the case of a corporation that has more than 250 members, by publication (i) at least once in each of the three weeks immediately before the day on which the meeting is to be held in one or more newspapers circulated in the municipalities in which the majority of the Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 4 By-Laws and Meetings of Members Notice of Meeting of Members Sections 63-68 members of the corporation reside as shown by their addresses in the register of members, or (ii) at least once in a publication of the corporation that is sent to all its members, during a period of 21 to 60 days before the day on which the meeting is to be held. (2) For the purpose of subsection 162(1) of the Act, if the by-laws provide for an electronic means of giving notice, the by-laws shall also set out one or more of the methods set out in paragraphs (1)(a), (c) or (d) as a non-electronic alternative manner of doing so to be used if a member requests that the notice be given by non-electronic means and, despite subsection 162(2) of the Act, if no alternative manner is set out in the by-laws, the corporation shall only send a copy of the notice to members that request a copy. (3) For the purposes of subsections 162(2) and (3) of the Act, the prescribed period is 21 to 60 days before the day on which the meeting is to be held. (4) For the purpose of subsection 162(7) of the Act, the prescribed period is 31 days. (5) For the purpose of subsection 162(8) of the Act, the prescribed period is 30 days. Member Proposals 64 For the purpose of subsection 163(3) of the Act, the prescribed maximum number of words is 500. 65 For the purpose of subsection 163(5) of the Act, the prescribed percentage is five per cent. 66 For the purpose of paragraph 163(6)(a) of the Act, the prescribed period is 90 to 150 days before the anniversary of the previous annual meeting of members. 67 For the purpose of paragraph 163(6)(d) of the Act, the prescribed period is two years. 68 (1) For the purpose of paragraph 163(6)(e) of the Act, the prescribed minimum amount of support is Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 4 By-Laws and Meetings of Members Member Proposals Sections 68-71 (a) three per cent of the total number of memberships voted, if the proposal was introduced at one annual meeting of members; (b) six per cent of the total number of memberships voted at its last submission to members, if the proposal was introduced at two annual meetings of members; and (c) 10 per cent of the total number of memberships voted at its last submission to members, if the proposal was introduced at three or more annual meetings of members. (2) For the purpose of paragraph 163(6)(e) of the Act, the prescribed period is five years. 69 For the purpose of subsection 163(8) of the Act, the prescribed period is 21 days. Quorum for Meeting of Members 70 For the purpose of subsection 164(1) of the Act, the quorum for a meeting of members set out in the by-laws shall be a fixed number of members, a percentage of members or a number or percentage of members that is determined or determinable by a formula. Communication Facilities for Meeting of Members 71 (1) For the purpose of subsection 165(3) of the Act, when a vote is to be taken at a meeting of members, the voting may be carried out by means of a telephonic, electronic or other communication facility, if the facility (a) enables the votes to be gathered in a manner that permits their subsequent verification; and (b) permits the tallied votes to be presented to the corporation without it being possible for the corporation to identify how each member or group of members voted. (2) For the purpose of subsection 165(4) of the Act, a person who is entitled to vote at a meeting of members may vote by means of a telephonic, electronic or other communication facility, if the facility (a) enables the vote to be gathered in a manner that permits its subsequent verification; and Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 4 By-Laws and Meetings of Members Communication Facilities for Meeting of Members Sections 71-74 (b) permits the tallied vote to be presented to the corporation without it being possible for the corporation to identify how the person voted. Requisition of Meeting of Members 72 (1) For the purpose of subsection 167(1) of the Act, the prescribed percentage is five per cent. (2) For the purpose of subsection 167(4) of the Act, the prescribed period is 21 days. Unanimous Member Agreements 73 For the purpose of subsection 170(4) of the Act, the prescribed period is 30 days. Absentee Voting 74 (1) For the purpose of subsection 171(1) of the Act, the prescribed methods of voting are (a) voting by proxy in accordance with subsection (2); (b) voting by mailed-in ballot if the corporation has a system that (i) enables the votes to be gathered in a manner that permits their subsequent verification, and (ii) permits the tallied votes to be presented to the corporation without it being possible for the corporation to identify how each member voted; and (c) voting by means of a telephonic, electronic or other communication facility that (i) enables the votes to be gathered in a manner that permits their subsequent verification, and (ii) permits the tallied votes to be presented to the corporation without it being possible for the corporation to identify how each member voted. (2) Members not in attendance at a meeting of members may vote by appointing in writing a proxyholder, and one or more alternate proxyholders, who are not required to be members, to attend and act at the meeting in the manner and to the extent authorized by the proxy and with the authority conferred by it subject to the following requirements: Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 4 By-Laws and Meetings of Members Absentee Voting Section 74 (a) a proxy is valid only at the meeting in respect of which it is given or at a continuation of that meeting after an adjournment; (b) a member may revoke a proxy by depositing an instrument or act in writing executed or, in Quebec, signed by the member or by their agent or mandatary (i) at the registered office of the corporation no later than the last business day preceding the day of the meeting, or the day of the continuation of that meeting after an adjournment of that meeting, at which the proxy is to be used, or (ii) with the chairperson of the meeting on the day of the meeting or the day of the continuation of that meeting after an adjournment of that meeting; (c) a proxyholder or an alternate proxyholder has the same rights as the member by whom they were appointed, including the right to speak at a meeting of members in respect of any matter, to vote by way of ballot at the meeting, to demand a ballot at the meeting and, except where a proxyholder or an alternate proxyholder has conflicting instructions from more than one member, to vote at the meeting by way of a show of hands; (d) if a form of proxy is created by a person other than the member, the form of proxy shall (i) indicate, in bold-face type, (A) the meeting at which it is to be used, (B) that the member may appoint a proxyholder, other than a person designated in the form of proxy, to attend and act on their behalf at the meeting, and (C) instructions on the manner in which the member may appoint the proxyholder, (ii) contain a designated blank space for the date of the signature, (iii) provide a means for the member to designate some other person as proxyholder, if the form of proxy designates a person as proxyholder, (iv) provide a means for the member to specify that the membership registered in their name is to be voted for or against each matter, or group of related matters, identified in the notice of meeting, other than the appointment of a public accountant and the election of directors, Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 4 By-Laws and Meetings of Members Absentee Voting Sections 74-75 (v) provide a means for the member to specify that the membership registered in their name is to be voted or withheld from voting in respect of the appointment of a public accountant or the election of directors, and (vi) state that the membership represented by the proxy is to be voted or withheld from voting, in accordance with the instructions of the member, on any ballot that may be called for and that, if the member specifies a choice under subparagraph (iv) or (v) with respect to any matter to be acted on, the membership is to be voted accordingly; (e) a form of proxy may include a statement that, when the proxy is signed, the member confers authority with respect to matters for which a choice is not provided in accordance with subparagraph (d)(iv) only if the form of proxy states, in bold-face type, how the proxyholder is to vote the membership in respect of each matter or group of related matters; (f) if a form of proxy is sent in electronic form, the requirements that certain information be set out in bold-face type are satisfied if the information in question is set out in some other manner so as to draw the addressee’s attention to the information; and (g) a form of proxy that, if signed, has the effect of conferring a discretionary authority in respect of amendments to matters identified in the notice of meeting or other matters that may properly come before the meeting shall contain a specific statement to that effect. PART 5 Financial Disclosure General 75 For the purpose of paragraph 172(1)(a) of the Act, the comparative financial statements shall, except as Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 5 Financial Disclosure General Sections 75-80 otherwise provided by this Part, be prepared in accordance with the generally accepted accounting principles set out in the CPA Canada Handbook – Accounting or the CPA Canada Public Sector Accounting Handbook, as amended from time to time. SOR/2016-98, s. 7. 76 For the purpose of subsection 174(3) of the Act, the prescribed period is 15 days. 77 For the purpose of subsection 175(1) of the Act, the prescribed period is 21 to 60 days before the day on which an annual meeting of members is held or before the day on which a resolution is signed under section 166 of the Act, as the case may be. 78 (1) For the purpose of paragraph 176(1)(a) of the Act, the prescribed period is 21 days. (2) For the purpose of paragraph 176(1)(b) of the Act, the prescribed period after the day on which the preceding annual meeting should have been held or a resolution in lieu of the meeting should have been signed is 15 months and the prescribed period after the end of the corporation’s preceding financial year is six months. Contents of Financial Statements 79 (1) For the purpose of paragraph 172(1)(a) of the Act, the prescribed comparative financial statements are the following: (a) a statement of financial position or a balance sheet; (b) a statement of comprehensive income or a statement of retained earnings; (c) a statement of changes in equity or an income statement; and (d) a statement of cash flows or a statement of changes in financial position. (2) The comparative financial statements need not be designated by the names set out in subsection (1). PART 6 Public Accountant 80 (1) For the purpose of paragraph 179(a) of the Act, the prescribed amount is $50,000. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 6 Public Accountant Sections 80-86 (2) For the purpose of paragraph 179(b) of the Act, the prescribed amount is $1,000,000. 81 For the purpose of subsection 185(2) of the Act, the prescribed period is 21 days. 82 (1) For the purpose of subsection 187(2) of the Act, the prescribed period is 10 days. (2) For the purpose of subsection 187(8) of the Act, the prescribed period is 15 days. 83 (1) For the purposes of subsections 188(1) and 189(2) of the Act, except as otherwise provided by Part 5, a review engagement shall be conducted, and for the purposes of section 191 of the Act, the report following the review engagement shall be prepared, in accordance with the generally accepted auditing standards set out in the CPA Canada Handbook – Assurance, as amended from time to time. (2) For the purposes of subsections 188(2) and 189(1) of the Act, except as otherwise provided by Part 5, an audit engagement shall be conducted, and for the purposes of section 191 of the Act, the report following the audit engagement shall be prepared in accordance with the generally accepted auditing standards set out in the CPA Canada Handbook – Assurance, as amended from time to time. SOR/2016-98, s. 8. 84 For the purpose of paragraph 189(2)(a) of the Act, the prescribed amount is $250,000. PART 7 Fundamental Changes 85 (1) Despite subparagraph 207(1)(c)(ii) of the Act, the resolutions approving the amalgamation of a holding corporation with one or more of its subsidiary corporations may provide that the corporate name set out in the articles of amalgamation is not the same as that set out in the articles of the amalgamating holding company. (2) Despite subparagraph 207(2)(b)(ii) of the Act, the resolutions approving the amalgamation of two or more wholly-owned subsidiary corporations of the same holding body corporate may provide that the corporate name set out in the articles of amalgamation is not the same as that set out in the articles of the amalgamating subsidiary corporation whose memberships are not cancelled. 86 (1) For the purpose of paragraph 208(3)(a) of the Act, the prescribed amount is $1,000. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 7 Fundamental Changes Sections 86-89 (2) For the purpose of paragraph 208(3)(c) of the Act, the prescribed period is 30 days from the day on which the creditor receives the notice. 87 For the purpose of subsection 212(9) of the Act, the prescribed period is 15 months. PART 8 Rules of Procedure for Applications for Exemptions Application 88 This Part applies to applications made under subsections 2(6), 25(1) and (2), 104(3), 160(2), 162(5) and 171(2) and sections 173, 190 and 271 of the Act. Time for Making Applications 89 (1) An application under subsection 2(6) or 25(1) or (2) or section 271 of the Act may be made at any time. (2) An application under (a) subsection 104(3) of the Act shall be made at least 30 days before the day on which the corporation is required to comply with Part 7 of the Act; (b) subsection 160(2), 162(5) or 171(2) of the Act shall be made at least 30 days before the day on which the notice referred to in subsection 162(1) of the Act is to be given to the members; and (c) section 173 or 190 of the Act be made at least 60 days before the documents in respect of which the exemption is requested are to be placed before the members in accordance with subsection 172(1) of the Act. (3) Despite paragraph (2)(c), the Director shall extend the time for making an application for an exemption if the applicant establishes that no prejudice will result from the extension. (4) For the purpose of paragraph (2)(b), when a notice referred to in subsection 162(1) of the Act is given to the members by a method set out in paragraph 63(1)(d), the date on which the notice was published for the first time is the date on which the notice is to be given. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 8 Rules of Procedure for Applications for Exemptions General Sections 90-93 General 90 The Director may request that an applicant for an exemption provide the Director with further information or that any other person provide the Director with information in writing that is relevant to the application. 91 The Director shall give an applicant for an exemption a copy of any information received from any other person under section 90 and shall allow the applicant a reasonable opportunity to respond in writing. 92 If an applicant for an exemption or a person from whom the Director has requested information under section 90 does not provide the information within the time specified by the Director, the Director may examine the application without regard to the information. PART 9 Cancellation of Articles and Certificates 93 (1) For the purpose of subsection 289(1) of the Act, the prescribed circumstances are that (a) there is an obvious error in the articles or in the related certificate; (b) there is an error in the articles or in the related certificate that was made by the Director; (c) the cancellation of the articles and related certificate is ordered by a court; or (d) the Director lacked the authority to issue the articles and related certificate. (2) For the purpose of subsection 289(3) of the Act, the prescribed circumstances are that there is no dispute among the directors or members as to the circumstances of the request for cancellation and (a) the corporation has not used the articles and related certificate; or (b) if it has used them, anyone dealing with the corporation on the basis of the articles and related certificate has consented to the cancellation. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 10 Prescribed Fees Section 94 PART 10 Prescribed Fees 94 (1) The fee payable in respect of a service set out in items 1 to 3, column 1, of the schedule is the applicable fee set out in column 2. (2) There is no fee payable in respect of the following services: (a) the receipt and examination by the Director of articles of amendment sent under section 200 of the Act, if the only purpose of the amendment is to do one or more of the following: (i) add an English or French version to the corporation’s name, (ii) change the corporation’s name as directed by the Director under subsection 13(2), (3) or (4) of the Act, or (iii) change the province in which the registered office is situated or the number of directors, if the articles are sent using the Director’s online service; (b) the receipt and examination by the Director of documents sent under subsection 288(1) of the Act or a request for correction referred to in subsection 288(3) of the Act, if the correction relates solely to an error made by the Director; (c) the receipt and examination by the Director of a request for a cancellation referred to in subsection 289(1) of the Act, in the circumstance referred to in paragraph 93(1)(b) of these Regulations; or (d) the provision by the Director of (i) an uncertified copy or uncertified extract under subsection 279(2) of the Act, if it is requested by a department or agency of the government of Canada or of the government of a province, by a municipality in Canada or by a police or law enforcement agency in Canada, or (ii) an uncertified copy or uncertified extract of a profile of a corporation generated by the Director. (3) In addition to the applicable fees set out in item 1 of the schedule, the fee set out in item 4 of the schedule is to be paid for Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations PART 10 Prescribed Fees Sections 94-95 (a) the expedited examination of any of the following documents: (i) articles of amalgamation sent under subsection 208(1) of the Act, (ii) articles of continuance sent under subsection 211(4) of the Act, (iii) a request for a document evidencing the satisfaction of the Director for the purpose of subsection 213(1) of the Act, or (iv) articles of revival sent under subsection 219(2) of the Act; or (b) the expedited examination of any of the following documents, if sent using the Director’s online service: (i) articles of incorporation sent under section 8 of the Act, or (ii) articles of amendment sent under section 200 of the Act. SOR/2019-224, s. 1. 94.1 On April 1, 2024 and every five years after that date, the fees set out in column 2 of the schedule are to be increased by one per cent and rounded down to the nearest multiple of five dollars. SOR/2019-224, s. 1. Coming into Force 95 These Regulations come into force on the day on which subsection 293(1) of the Canada Not-for-profit Corporations Act, chapter 23 of the Statutes of Canada, 2009, comes into force. * * [Note: Regulations in force October 17, 2011, see SI/2011-87.] Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations SCHEDULE SCHEDULE (Subsections 94(1) and (3) and section 94.1) Fees Column 1 Column 2 Item Service under the Act Fee ($) Receipt and examination by the Director of (a) an application made under subsection 2(6), 25(1) or (2), 104(3), 160(2), 162(5) or 171(2) or section 173, 190 or 271 250 (b) articles of incorporation sent under section 8 (i) if sent using the Director’s online service (ii) if sent using any other means (c) articles of amendment sent under section 200 or articles of reorganization sent under subsection 215(4) (i) if sent using the Director’s online service (ii) if sent using any other means (d) restated articles of incorporation sent under subsection 203(2) 100 (e) articles of amalgamation sent under subsection 208(1) (i) if sent using the Director’s online service (ii) if sent using any other means (f) articles of continuance sent under subsection 211(4) (i) if sent using the Director’s online service (ii) if sent using any other means (g) a request for a document evidencing the satisfaction of the Director for the purpose of subsection 213(1) (i) if sent using the Director’s online service (ii) if sent using any other means (h) articles of arrangement sent under subsection 216(5) (i) articles of revival sent under subsection 219(2) Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations SCHEDULE Item Column 1 Column 2 Service under the Act Fee ($) (i) if sent using the Director’s online service (ii) if sent using any other means (j) a statement of revocation of intent to dissolve sent under subsection 221(10) (i) if sent using the Director’s online service (ii) if sent using any other means (k) an annual return sent under section 278 (i) if sent using the Director’s online service (ii) if sent using any other means (l) documents sent under subsection 288(1) or a request referred to in subsection 288(3) (m) a request for a cancellation referred to in subsection 289(1) or a request referred to in subsection 289(3) 250 (n) a request for a certificate referred to in subsection 290(1) (i) if sent using the Director’s online service (ii) if sent using any other means Provision by the Director of an uncertified copy or uncertified extract under subsection 279(2), if requested using any means other than the Director’s online service, per copy or extract Provision by the Director of a certified copy or certified extract under subsection 279(2) (a) if requested using the Director’s online service, per copy or extract (b) if requested using any other means, per copy or extract Expedited examination by the Director of a document referred to in subsection 94(3) of these Regulations Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations SCHEDULE SOR/2019-224, s. 2. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2022-40, s. 44 44 Section 38 of the Canada Not-for-profit Corporations Regulations3 is replaced by the following: 38 For the purpose of section 238 of the Act, the prescribed period is six years beginning on the day on which the corporation is dissolved. — SOR/2022-40, s. 45 45 Section 41 of the Regulations is replaced by the following: 41 (1) For the purpose of subsection 283(3) of the Act, the prescribed documents and classes of documents are (a) a notice of registered office referred to in subsection 20(2) or (3) of the Act; (b) a notice of directors referred to in subsection 128(1) of the Act; (c) a notice of change referred to in subsection 134(1) of the Act; (d) the documents referred to in section 153 of the Act; and (e) letters patent and supplementary letters patent. (2) For the purpose of subsection 283(3) of the Act, the prescribed periods are (a) in respect of an application for an exemption referred to in section 88 of these Regulations, six years beginning on the day on which the application is received by the Director; (b) in respect of a copy of the documents sent under subsection 176(1) of the Act, three years beginning on the day on which the copy is received by the Director; (c) in respect of a document evidencing the satisfaction of the Director for the purpose of subsection 213(1) of the Act, two years beginning on the day on which the document is issued by the Director; and SOR/2011-223 Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations AMENDMENTS NOT IN FORCE (d) in respect of an annual return referred to in section 278 of the Act, two years beginning on the day on which it is received by the Director. — SOR/2022-40, s. 46 46 (1) The definition corporate name in subsection 42(1) of the English version of the Regulations is repealed. (2) Subsection 42(1) of the Regulations is amended by adding the following in alphabetical order: deceptively misdescriptive means, in respect of a corporate name, that the name is likely to mislead the public, in any language, with respect to any of the following: (a) the activities, goods or services in association with which it is proposed to be used; (b) the conditions under which the goods or services will be produced or supplied or the persons to be employed in the production or supply of the goods or services; and (c) the place of origin of the goods or services. (fausse et trompeuse) — SOR/2022-40, s. 47 47 Section 50 of the Regulations is replaced by the following: 50 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it is confusing with a name that is reserved under subsection 12(1) of the Act, unless the person for whom the name was reserved consents in writing to the use of the name. — SOR/2022-40, s. 48 48 Paragraph 51(a) of the Regulations is replaced by the following: (a) “cooperative”, “coopérative” or “co-op” when it connotes a cooperative venture; — SOR/2022-40, s. 49 49 Paragraph 52(d) of the Regulations is replaced by the following: (d) carries on the business of a bank, loan company, insurance company, trust company or another financial intermediary that is regulated by the laws of Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations AMENDMENTS NOT IN FORCE Canada, unless the Superintendent of Financial Institutions confirms in writing that the words that are used in the name and that are regulated by section 983 of the Bank Act, section 47 of the Insurance Companies Act or section 47 of the Trust and Loan Companies Act are authorized to be used under the applicable Act; or — SOR/2022-40, s. 50 50 Section 54 of the Regulations is replaced by the following: 54 (1) For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if an element of the name is the family name – whether or not it is preceded by the given name or initials – of an individual who is living or has died within 30 years before the day on which the Director receives the document referred to in section 9 or 201 or subsection 208(4), 211(5), 215(5), 216(6) or 219(3) of the Act or a request to reserve the name under subsection 12(1) of the Act. (2) Despite subsection (1), the corporate name is not prohibited if (a) the individual or their heir or personal representative consents in writing to the use of the individual’s name and the individual has or had a personal or other connection to the corporation; or (b) the person proposing to use the corporate name establishes that it has been used in Canada or elsewhere by them or their predecessors so as to have become distinctive in Canada. — SOR/2022-40, s. 51 51 (1) Paragraph 56(1)(b) of the Regulations is replaced by the following: (b) is primarily or only the name — or the first name or family name used alone — of an individual; or (2) Subsection 56(2) of the Regulations is replaced by the following: (2) Despite subsection (1), the corporate name is not prohibited if a person proposing to use the corporate name establishes that it has been used in Canada or elsewhere by them or by their predecessors so as to have become distinctive in Canada. Current to June 20, 2022 Last amended on January 15, 2020 Canada Not-for-profit Corporations Regulations AMENDMENTS NOT IN FORCE — SOR/2022-40, s. 52 52 The heading before section 57 of the French version of the Regulations is replaced by the following: Dénominations fausses et trompeuses — SOR/2022-40, s. 53 53 Section 57 of the Regulations is replaced by the following: 57 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it is deceptively misdescriptive. — SOR/2022-40, s. 54 54 Subsection 89(3) of the French version of the Regulations is replaced by the following: (3) Malgré l’alinéa (2)c), le directeur proroge le délai de présentation de la demande de dispense si le demandeur établit que la prorogation ne causera aucun préjudice. Current to June 20, 2022 Last amended on January 15, 2020
CONSOLIDATION Carriage by Air Act Gold Franc Conversion Regulations SOR/83-79 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Conversion of Values Expressed in Gold Francs into Canadian Dollar Equivalents for Purposes of Subsection 2(6) of the Carriage by Air Act 1 Short Title Interpretation General Current to June 20, 2022 ii Registration SOR/83-79 January 14, 1983 CURRENCY ACT Carriage by Regulations P.C. 1983-19 Air Act Gold Franc Conversion January 13, 1983 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 13.1 of the Currency and Exchange Act, is pleased hereby to make the annexed Regulations respecting conversion of values expressed in gold francs into Canadian dollar equivalents for purposes of subsection 2(6) of the Carriage by Air Act. Current to June 20, 2022 Regulations Respecting Conversion of Values Expressed in Gold Francs into Canadian Dollar Equivalents for Purposes of Subsection 2(6) of the Carriage by Air Act Short Title 1 These Regulations may be cited as the Carriage by Air Act Gold Franc Conversion Regulations. Interpretation 2 In these Regulations, gold francs means the francs referred to in subsection 2(6) of the Carriage by Air Act; (francs-or) S.D.R. means the special drawing rights issued by the International Monetary Fund. (D.T.S.) General 3 For the purposes of subsection 2(6) of the Carriage by Air Act, the equivalent dollar value of gold francs shall be determined as follows: (a) gold francs shall be converted into S.D.R.'s at the exchange rate of 15.075 gold francs per S.D.R.; and (b) S.D.R.'s shall be converted into Canadian dollars at the exchange rate established by the International Monetary Fund for S.D.R.'s and Canadian dollars. SOR/86-647, s. 1(F). Current to June 20, 2022
CONSOLIDATION Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002 SOR/2002-337 Current to June 20, 2022 Last amended on May 19, 2008 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 19, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 19, 2008 TABLE OF PROVISIONS Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002 1 Interpretation Charges Repeal Coming into Force SCHEDULE 1 SCHEDULE 2 Current to June 20, 2022 Last amended on May 19, 2008 ii Registration SOR/2002-337 September 24, 2002 OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002 P.C 2002-1561 September 24, 2002 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 23.1a and 38b of the Office of the Superintendent of Financial Institutions Actc, hereby makes the annexed Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002. a S.C. 1999, c. 28, s. 131 b S.C. 2001, c. 9, s. 477 c R.S., c. 18 (3rd Supp.), Part I Current to June 20, 2022 Last amended on May 19, 2008 Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002 Interpretation 1 The words and expressions used in these Regulations have the same meaning as in the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act, and the Trust and Loan Companies Act, as the case may be. Charges 2 The charge to be paid for the consideration by the Superintendent of an application to obtain a document described in column 1 of Schedule 1 or for any other service described in that column, is the amount set out in column 2. 3 The charge to be paid for a service described in column 1 of Schedule 2 is the amount set out in column 2. 4 [Repealed, SOR/2006-74, s. 1] Repeal 5 [Repeal] Coming into Force 6 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on May 19, 2008 Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002 SCHEDULE 1 SCHEDULE 1 (Section 2) Column 1 Item Short-form Description of Document or Service* Letters patent of incorporation 22 671 Letters patent of continuance 33 682 Order permitting a foreign bank to 524(1) carry on business in Canada N/A Order approving the insuring in Canada of risks by a foreign body corporate N/A N/A 5. to 13. [Repealed, SOR/2006-74, s. 2] Exemption from material banking group status 508(3) N/A Approval for a foreign bank or an entity associated with a foreign bank to have a financial establishment in Canada 522.21 and 522.211 N/A Approval for a foreign bank or an 522.22 entity associated with a foreign bank in respect of investments and activities Bank Act Trust Com N/A 17. to 20. [Repealed, SOR/2006-74, s. 3] 21 Approval to maintain a representative office of a foreign bank N/A 43 697 22. to 39. [Repealed, SOR/2006-74, s. 4] 40 Reservation of a name 41. and 42. [Repealed, SOR/2006-74, s. 5] The short-form descriptions set out under Column 1 are provided discrepancy, the statutory provisions shall prevail over the short-form * SOR/2003-291, s. 1; SOR/2006-74, ss. 2 to 5; SOR/2008-166, s. 1. Current to June 20, 2022 Last amended on May 19, 2008 Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002 SCHEDULE 1 (French) ANNEXE 1 (article 2) Colonne Loi s socié fiduc prêt Article Description abrégée des documents et services* Loi sur les banques Lettres patentes de constitution 22 671 Lettres patentes de prorogation 33 682 Arrêté autorisant une banque 524(1) étrangère à exercer des activités au Canada s. o. Agrément autorisant une société s. o. étrangère à garantir des risques au Canada s. o. 5. à 13. [Abrogés, DORS/2006-74, art. 2] Exemption du statut de membre 508(3) d’un groupe bancaire important s. o. Agrément permettant à une banque étrangère ou à une entité liée à une banque étrangère d’avoir un établissement financier au Canada s. o. Agrément relatif aux placements 522.22 et aux activités donné à une banque étrangère ou à une entité liée à une banque étrangère 17. à 20. [Abrogés, DORS/2006-74, art. 3] Accord pour le maintien d’un bureau de représentation d’une banque étrangère 22. à 39. [Abrogés, DORS/2006-74, art. 4] Réservation d’une dénomination 43 697 41. et 42. [Abrogés, DORS/2006-74, art. 5] 522.21 et 522.211 s. o. s. o. La description abrégée est donnée en vue de faciliter l’utilisation d l’emporte sur la description abrégée correspondante * DORS/2003-291, art. 1; DORS/2006-74, art. 2 à 5; DORS/2008-166, art. 1. Current to June 20, 2022 Last amended on May 19, 2008 Charges for Services Provided by the Office of the Superintendent of Financial Institutions Regulations 2002 SCHEDULE 2 SCHEDULE 2 (Section 3) Column 1 Column 2 Item Services Charge ($) Written, precedent-setting ruling relating to the 6,400 quality of capital Accreditation of a provincial reinsurer 4,000 Written interpretation of Acts, regulations, guidelines or rulings 4,000 Written, non-precedent-setting confirmation of 4,000 quality of capital 5. to 9. [Repealed, SOR/2006-74, s. 6] Copies of any one of the following corporate documents (per request and per body corporate): (a) a certificate of confirmation; 160 for up to 20 copies plus 5 for each additional copy (b) a certified copy of letters patent or of incorporation or amalgamation documents; and (c) the corporate history of a body corporate SOR/2003-291, s. 2; SOR/2006-74, s. 6. Current to June 20, 2022 Last amended on May 19, 2008
CONSOLIDATION CCRFTA Sugar Aggregate Quantity Limit Remission Order SOR/2003-124 Current to June 20, 2022 Last amended on August 1, 2009 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on August 1, 2009. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 1, 2009 TABLE OF PROVISIONS CCRFTA Sugar Aggregate Quantity Limit Remission Order 1 Interpretation Remission Conditions Coming into Force Current to June 20, 2022 Last amended on August 1, 2009 ii Registration SOR/2003-124 March 27, 2003 CUSTOMS TARIFF CCRFTA Sugar Aggregate Quantity Limit Remission Order P.C. 2003-415 March 27, 2003 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115 of the Customs Tariffa, hereby makes the annexed CCRFTA Sugar Aggregate Quantity Limit Remission Order. a S.C. 1997, c. 36 Current to June 20, 2022 Last amended on August 1, 2009 CCRFTA Sugar Aggregate Quantity Limit Remission Order Interpretation 1 The following definitions apply in this Order. goods means refined sugar of tariff item Nos. 1701.91.90, 1701.99.90, 1702.90.11, 1702.90.12, 1702.90.13, 1702.90.14, 1702.90.15, 1702.90.16, 1702.90.17, 1702.90.18 and 1702.90.89. (marchandises) Costa Rica Free Zone means a geographic area within Costa Rica specified by the Minister of National Revenue in accordance with subsection 16(2.1) of the Customs Tariff. (zone franche du Costa Rica) SOR/2009-229, s. 1. Remission 2 Subject to section 3, remission is hereby granted of the customs duties paid or payable pursuant to the Costa Rica Tariff under the Customs Tariff on the following aggregate quantities of goods for the following periods: (a) 20,000 tonnes of the goods imported into Canada during the period commencing on January 1, 2003 and ending on December 31, 2003; (b) 23,200 tonnes of the goods imported into Canada during the period commencing on January 1, 2004 and ending on December 31, 2004; (c) 26,680 tonnes of the goods imported into Canada during the period commencing on January 1, 2005 and ending on December 31, 2005; (d) 29,615 tonnes of the goods imported into Canada during the period commencing on January 1, 2006 and ending on December 31, 2006; (e) 32,280 tonnes of the goods imported into Canada during the period commencing on January 1, 2007 and ending on December 31, 2007; (f) 34,863 tonnes of the goods imported into Canada during the period commencing on January 1, 2008 and ending on December 31, 2008; Current to June 20, 2022 Last amended on August 1, 2009 CCRFTA Sugar Aggregate Quantity Limit Remission Order Remission Sections 2-4 (g) 37,652 tonnes of the goods imported into Canada during the period commencing on January 1, 2009 and ending on December 31, 2009; and (h) 40,000 tonnes of the goods imported into Canada during the period commencing on January 1, 2010 and ending on December 31, 2010. Conditions 3 The remission is granted pursuant to section 2 on condition that (a) the goods originate in Costa Rica pursuant to the CCRFTA Rules of Origin Regulations; (b) the goods have not undergone operations in a Costa Rica Free Zone; (c) a claim for remission is made to the Minister of National Revenue within four years after the day on which the goods were imported; and (d) no claim for refund or drawback under the Customs Act or Customs Tariff has been made with respect to the goods. Coming into Force 4 This Order comes into force on the day on which it is registered. Current to June 20, 2022 Last amended on August 1, 2009
CONSOLIDATION Critical Habitat of the Northern Abalone (Haliotis kamtschatkana) Order SOR/2017-266 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Northern Abalone (Haliotis kamtschatkana) Order Application Coming into force Current to June 20, 2022 ii Registration SOR/2017-266 December 4, 2017 SPECIES AT RISK ACT Critical Habitat of the Northern Abalone (Haliotis kamtschatkana) Order Whereas the Northern Abalone (Haliotis kamtschatkana) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the Minister of Fisheries and Oceans and the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, are the competent ministers in respect of the critical habitat of that species for the purposes of the annexed Order and have together prepared an action plan for that species; Whereas the action plan that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans and the Minister of the Environment are of the opinion that the annexed Order would affect areas in respect of which wildlife management boards are authorized by lands claims agreements to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, have consulted the wildlife management boards in question with respect to the Order; Therefore, the Minister of Fisheries and Oceans and the Minister of the Environment, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, make the annexed Critical Habitat of the Northern Abalone (Haliotis kamtschatkana) Order. a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Northern Abalone (Haliotis kamtschatkana) Order Ottawa, November 30, 2017 Le ministre des Pêc Dominic Minister of Fishe Gatineau, September 11, 2017 La ministre de l’ Catherine Minister of the Current to June 20, 2022 Critical Habitat of the Northern Abalone (Haliotis kamtschatkana) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Northern Abalone (Haliotis kamtschatkana), which is identified in the action plan for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canadian Peacekeeping Service Medal Award Regulations SOR/99-410 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Canadian Peacekeeping Service Medal Award Regulations 1 Interpretation Qualifications Coming into Force Current to June 20, 2022 ii Registration SOR/99-410 October 21, 1999 CANADIAN PEACEKEEPING SERVICE MEDAL ACT Canadian Peacekeeping Regulations P.C. 1999-1858 Service Medal Award October 21, 1999 Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to section 8 of the Canadian Peacekeeping Service Medal Acta, hereby makes the annexed Canadian Peacekeeping Service Medal Award Regulations. a S.C. 1997, c. 31 Current to June 20, 2022 Canadian Peacekeeping Award Regulations Service Medal Interpretation 1 The definition in this section applies in these Regulations. Medal means the Canadian Peacekeeping Service Medal referred to in section 3 of the Canadian Peacekeeping Service Medal Act. (médaille) Qualifications 2 A Canadian citizen who has completed a cumulative total of at least 30 days of peacekeeping service, as referred to in subsection 4(1) of the Canadian Peacekeeping Service Medal Act, since 1948 is qualified to be awarded the Medal. 3 Persons of the following classes are excluded from entitlement to a Medal: (a) veterans of the Korean War; (b) veterans of the Gulf and Kuwait War; and (c) veterans of future wars in which Canada participates. Coming into Force 4 These Regulations come into force on the day on which they are registered. Current to June 20, 2022
Hyperlinks to provincial and territorial courts' websites Rules of provincial and territorial courts made under sections 482, 482.1 and 745.64 of the Criminal Code These rules of court are current to September 18, 2019. As of September 19, 2019, the Department of Justice Canada no longer publishes on its Justice Laws Website the rules made, by provincial and territorial courts, under sections 482 and 482.1 of the Criminal Code. In addition, the Statutory Instruments Act no longer applies to rules established for the purposes of sections 745.6 and 745.63 of the Criminal Code. For more information, please consult hyperlinks to legal information websites. https://laws-lois.justice.gc.ca/eng/Court/index.html If you wish to consult previous versions of the rules published on the Justice Laws Website, please see Previous Versions.
CONSOLIDATION Cree-Naskapi Land Registry Regulations SOR/86-1070 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Establishment and Maintenance of a Land Registry System for the Registration of Rights and Interests in Category IA and IA-N Cree-Naskapi Land and in Buildings Situated Thereon 1 Short Title Interpretation Establishment of the Land Registry System Administration of the Land Registry System Central Land Registrar Deputy Central Land Registrar Local Land Registrars Deputy Local Land Registrars Appointments and Dismissals Inspection of Local Land Registry Offices Appointment of Administrator Index Books Land Registry Plans Surveys of Category IA and IA-N Land Examination and Copies Procedure for Registering Rights and Interests Receipt of Document Rejection of Document Current to June 20, 2022 ii Cree-Naskapi Land Registry Regulations TABLE OF PROVISIONS Acceptance of Document Receipt of Accepted Document Receipt of Confirmed Document Index Books Land Registry Plan Priorities Fully Registered Rights and Interests Provisionally Registered Rights and Interests Appeal Notice Objection Decision Cancellation of Registration of Rights or Interest Depository Rights and Interests — Deposited Documents Current to June 20, 2022 iv Registration SOR/86-1070 November 6, 1986 CREE-NASKAPI (OF QUEBEC) ACT Cree-Naskapi Land Registry Regulations P.C. 1986-2490 November 6, 1986 Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 151 of the Cree-Naskapi (of Quebec) Act*, is pleased hereby to make the annexed Regulations respecting the establishment and maintenance of a land registry system for the registration of rights and interests in category IA and IA-N Cree-Naskapi Land and in buildings situated thereon. * S.C. 1984, c. 18 Current to June 20, 2022 Regulations Respecting the Establishment and Maintenance of a Land Registry System for the Registration of Rights and Interests in Category IA and IA-N Cree-Naskapi Land and in Buildings Situated Thereon Short Title 1 These Regulations may be cited as the Cree-Naskapi Land Registry Regulations. Interpretation 2 In these Regulations, Act means the Cree-Naskapi (of Quebec) Act; (Loi) block means a portion of a lot as determined pursuant to subsection 17(2); (parcelle) central land registrar means the central land registrar appointed pursuant to section 6; (registrateur du bureau d'enregistrement central) central land registry office means the central land registry office referred to in paragraph 4(1)(a); (bureau d'enregistrement central) CRINA number means the numerical identification assigned by the central land registrar, of a right or interest in Category IA or IA-N land of a band or in buildings situated thereon and the location of the right or interest that consists of groups of numbers separated by hyphens and in the following order: (a) the numbers that represent the band on whose Category IA or IA-N land the right or interest is located, (b) the numbers that represent the lot on which the right or interest is located, (c) the numbers that represent the block on which the right or interest is located, and (d) the numbers that represent the right or interest and in the case of a right or interest in a building, the letter "B" and the numbers that represent the building; (numéro CRINA) Current to June 20, 2022 Cree-Naskapi Land Registry Regulations Interpretation Sections 2-4 index books means the books referred to in section 16; (répertoires) land registry office means a local land registry office or the central land registry office; (bureau d'enregistrement) land registry plan means a plan referred to in section 17; (plan d'enregistrement) local land registrar means a local land registrar appointed pursuant to subsection 9(1); (registrateur du bureau d'enregistrement local) local land registry office means a local land registry office referred to in paragraph 4(1)(b) or (c); (bureau d'enregistrement local) lot means a portion of Category IA or IA-N land as set out in a survey by the Quebec Department of Energy and Resources; (lot) Minister means the Minister of Indian Affairs and Northern Development; (ministre) registrar means a local land registrar or the central land registrar. (registrateur) PART I Establishment of the Land Registry System 3 A land registry system, under the control and supervision of the Minister, is hereby established for the registration of rights and interests in Category IA and IA-N land and in buildings situated thereon. 4 (1) The land registry system established pursuant to section 3 shall consist of the following registry offices: (a) a central land registry office; (b) one local land registry office for each Cree band; and (c) a local land registry office for the Naskapi band. (2) The central land registry office shall be located within the territory of the Quebec Urban Community. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART I Establishment of the Land Registry System Sections 4-7 (3) The local land registry office for a band shall be located at the head office of the band except where the band fixes the location of its local land registry office at another place on its Category IA or IA-N land. 5 (1) The hours of operation of the central land registry office shall be from 10 o'clock in the morning to 12 o'clock noon and from 1 o'clock to 3 o'clock in the afternoon every day except Saturdays and holidays. (2) The hours of operation of the local land registry office for a band shall be from 10 o'clock in the morning to 12 o'clock noon and from 2 o'clock to 4 o'clock in the afternoon every day except Saturdays and holidays, including any day designated as a holiday by resolution of the council of the band. PART II Administration of the Land Registry System 6 The land registry system established pursuant to section 3 shall be under the administration of the central land registrar appointed by the Minister on a full-time or part-time basis. Central Land Registrar 7 The central land registrar shall (a) administer the central land registry office; (b) coordinate the functions of the local land registry offices; (c) arrange for and assist in the preparation of land registry plans and deposit certified copies of any land registry plan made pursuant to section 17 in the appropriate local land registry office and in the central land registry office; (d) issue, to each local land registrar, guidelines respecting the administration and operation of the land registry system established pursuant to section 3; (e) establish the form of the index books; (f) assist and advise the local land registrars; (g) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART II Central Land Registrar Sections 7-10 registered, or deposited, in accordance with the Act or these Regulations; and (h) conduct an inspection of each local land registry office, including its index books and records, at least once a year and report on its administration to the council of the appropriate band. Deputy Central Land Registrar 8 (1) The central land registrar shall be assisted by a deputy central land registrar appointed by the Minister on a full-time or part-time basis. (2) Where the central land registrar is absent or incapacitated or the office of the central land registrar is vacant, the deputy central land registrar shall have and may exercise all the powers and duties of the central land registrar. Local Land Registrars 9 (1) The local land registry office for a band shall be administered by a local land registrar appointed by the band. (2) A local land registrar shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis. 10 A local land registrar shall, in addition to the duties prescribed by the appropriate band pursuant to paragraph 41(1)(c) of the Act, (a) assist in the preparation of land registry plans for the Category IA or IA-N land of the band; and (b) assist Cree and Naskapi beneficiaries in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act or these Regulations. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART II Deputy Local Land Registrars Sections 11-14 Deputy Local Land Registrars 11 (1) A local land registrar shall be assisted by at least one deputy local land registrar appointed by the band. (2) A deputy local land registrar appointed by a band pursuant to subsection (1) shall be employed by the band pursuant to paragraph 41(1)(c) of the Act and may be employed on a full-time or part-time basis. (3) Where a local land registrar is absent or incapacitated or the office of the local land registrar is vacant, a deputy local land registrar shall have and may exercise all the powers and duties of the local land registrar. (4) Where, in a local land registry office, the local land registrar and the deputy local land registrar are absent or incapacitated, or the offices of the local land registrar and the deputy local land registrar are vacant, the local land registry office may be administered by the central land registrar from the central land registry office. Appointments and Dismissals 12 Where a band appoints or dismisses a local land registrar or a deputy local land registrar, the band shall forthwith notify the central land registrar in writing. 13 On assuming office, a land registrar or a deputy land registrar shall swear an oath of office to exercise his duties in accordance with law. Inspection of Local Land Registry Offices 14 (1) The central land registrar shall not inspect a local land registry office unless the registrar of the local land registry office to be inspected has received written notice of the proposed inspection at least one week prior to the inspection. (2) Where the central land registrar determines, as a result of an inspection referred to in subsection (1), that the affairs of a local land registry office are in serious disorder, the central land registrar shall send a report of the situation and any recommendations to the council of the appropriate band and to the Minister. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART II Appointment of Administrator Section 15 Appointment of Administrator 15 (1) Where, as a result of a report referred to in subsection 14(2), the Minister is of the opinion that the affairs of a local land registry office are in serious disorder, he may give written notice to the appropriate band of his intention to appoint an administrator to administer the local land registry office, setting out the situation which resulted in his reasons for so doing. (2) Where a band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice. (3) At any time between sixty days and one year after giving notice under subsection (1), the Minister may, if he is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, in writing, an administrator to supervise the administration of the local land registry office. (4) An administrator appointed pursuant to subsection (3) holds office for a term not exceeding four months from the date of his appointment. (5) At the expiration of the administrator's term of appointment referred to in subsection (4), the Minister may, where he is of the opinion that the affairs of the local land registry office continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further term not exceeding four months. (6) The Minister's power under subsection (5) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection. (7) Where the Minister appoints an administrator pursuant to subsection (3) or appoints or reappoints an administrator pursuant to subsection (5) or (6), the Minister shall set out, in writing, the duties of the administrator and shall provide a copy of the appointment or reappointment and the duties to the appropriate band. (8) The administrator of a local land registry office appointed pursuant to subsection (3) or appointed or reappointed pursuant to subsection (5) or (6) may supervise the administration of the local land registry office from the central land registry office. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART II Index Books Sections 16-17 Index Books 16 The following index books shall be maintained at each local land registry office and at the central land registry office: (a) an entry book in which is recorded, in chronological order, each document that is received at the office for registration pursuant to section 21; (b) an index of names in which is recorded the name, in alphabetical order, of each person who is a party to a document evidencing a right or interest in Category IA or IA-N land or in buildings situated thereon that is registered at the office pursuant to these Regulations; (c) an index of land in which is recorded, for each block of Category IA or IA-N land, any rights or interests in that block that are registered at the office pursuant to these Regulations; (d) an index of buildings in which is recorded, for each building situated on Category IA or IA-N land, any rights or interests in that building that are registered at the office pursuant to these Regulations; and (e) a deposit index in which is recorded, in chronological order, each document referred to in section 36 that is received at the office for deposit under that section. Land Registry Plans 17 (1) The central land registrar shall arrange for the preparation of a land registry plan for the Category IA or IA-N land of each band. (2) A land registry plan shall show the full area of the Category IA or IA-N land of a band divided, as requested by the band, into numbered blocks based on existing land use, the natural features of the land, any land and resource use and planning by-laws made by the band pursuant to section 46 of the Act and any zoning by-law made by the band pursuant to section 47 of the Act. (3) A land registry plan for the Category IA or IA-N land of a band shall be drawn at a scale that is appropriate to accurately and clearly (a) identify any rights and interests in the Category IA or IA-N land shown on the plan and in the buildings Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART II Land Registry Plans Section 17 situated on that land, that have been registered or deposited in the local land registry office of the band pursuant to the Act and these Regulations as of the date of the deposit of the plan in the office; and (b) depict the location of the boundaries of the land or buildings, or both, that are the subject of the rights and interests referred to in paragraph (a). (4) A land registry plan may consist of one or more sheets. (5) No land registry plan shall be deposited in a land registry office unless the plan has been approved, dated and signed by the appropriate local land registrar and the central land registrar. (6) No registrar shall approve a land registry plan unless the plan accurately and clearly (a) identifies, by the CRINA number, any rights or interests in the Category IA or IA-N land shown on the plan or in the buildings situated on that land that are fully registered pursuant to these Regulations as of the date of the deposit of the plan; and (b) depicts the location of the boundaries of the land or buildings or both, that are the subject of the rights and interests referred to in paragraph (a). (7) Any rights or interests under section 114 or 115 or subsection 117(1) or (2) of the Act and any rights or interests in Category II, II-N or III land within the boundaries of Category IA or IA-N land or in buildings situated on that Category II, II-N or III land shall be identified and depicted on the appropriate land registry plan to the extent possible based on the information that is available. (8) Where a right or interest (a) in Category IA and IA-N land or in buildings situated thereon, other than those registered pursuant to these Regulations, or (b) in land other than Category IA and IA-N land or in buildings situated on land other than Category IA and IA-N land, is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered pursuant to these Regulations. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART II Land Registry Plans Sections 17-20 (9) For greater certainty, the identification and depiction of a right or interest pursuant to subsection (7) or (8) does not constitute registration of the right or interest pursuant to these Regulations. (10) A copy of any land registry plan shall be maintained at the appropriate local land registry office and at the central land registry office. Surveys of Category IA and IA-N Land 18 (1) The central land registrar may submit a request to the Minister for a survey or resurvey pursuant to Part II of the Canada Lands Surveys Act of all or any part of the Category IA or IA-N land of a band. (2) The central land registrar shall consider any request from a band regarding a survey of any portion of the Category IA or IA-N land of the band. 19 Nothing in these Regulations prevents a person from arranging for a survey or resurvey of Category IA or IA-N land in accordance with Part II of the Canada Lands Surveys Act but the costs of such a survey or resurvey shall be the responsibility of that person. Examination and Copies 20 (1) Any documents registered pursuant to these Regulations, index books, copies of land registry plans and copies of surveys that are kept at a land registry office and any documents referred to in section 36 that are deposited at a land registry office shall be available for examination during the hours of operation of the office, as set out in section 5. (2) A person may, on request, obtain from the central land registry office or where feasible, from a local land registry office a certified copy of any document, sheet of an index book, land registry plan or sheet of a land registry plan that is kept at the land registry office or any document referred to in section 36 that is deposited at the office pursuant to that section. (3) A copy of the Act and these Regulations shall be prominently displayed and available for examination in each local land registry office and in the central land registry office. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART III Sections 21-23 PART III Procedure for Registering Rights and Interests 21 A person who wishes to register a right or interest in the Category IA or IA-N land of a band or in a building situated thereon shall forward documents evidencing that right or interest to the local land registry office for the band or to the central land registry office. Receipt of Document 22 A registrar of a land registry office shall record, in chronological order, in the entry book for the office, the following information in respect of each document received at that office pursuant to section 21, (a) the year, month, day and hour that the document was accepted for registration or rejected by the registrar; (b) the date of the document; (c) the name of each person who is a party to the document; (d) the nature of the right or interest evidenced in the document; and (e) the CRINA number, if any, of the right or interest evidenced in the document. Rejection of Document 23 (1) Subject to subsections (3) to (5), a registrar of a land registry office shall reject a document forwarded to the land registry office pursuant to section 21 or paragraph 24(1)(d) for the purpose of registering the right or interest evidenced by the document, if the document (a) is not dated; (b) does not identify each party to the document; (c) does not set out the address of each party to the document; (d) does not set out the nature of the right or interest evidenced in the document; (e) neither sets out the CRINA number of the right or interest evidenced in the document nor is accompanied by a sketch that clearly shows the boundaries of the land or the building, or both, referred to in the Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART III Rejection of Document Section 23 document and the number of the block in which and the land registry plan on which the right or interest is located; (f) in the case of a document that evidences a right or interest but does not set out the CRINA number of the right or interest, does not include in addition to a sketch referred to in paragraph (e), a metes and bounds description of the boundaries of the land or building, or both, referred to in the document and the number of the block in which and the land registry plan on which the right or interest is located; (g) is not signed and witnessed; or (h) in the case of a document evidencing a right or interest the granting or transfer of which requires the approval or consent of the electors of the appropriate band pursuant to the Act, (i) is not accompanied by a statement or certificate (A) confirming that the grant or transfer has been approved or consented to by the electors of the band, and (B) signed by the secretary of the band or by a person designated by a by-law of the band to exercise the powers of the band secretary pursuant to section 42 of the Act, or (ii) does not refer to a statement or certificate, described in subparagraph (i) that has been registered pursuant to these Regulations or deposited pursuant to section 36. (2) Where a registrar of a land registry office rejects a document pursuant to subsection (1), the registrar shall return the document to the person who forwarded it to the land registry office. (3) Paragraphs (1)(e) to (g) do not apply to documents evidencing a right or interest granted or transferred during the period beginning on the day the Act comes into force and ending on the day these Regulations come into force, if the right or interest (a) is registered pursuant to these Regulations on a day that is within six months after the day these Regulations come into force; and (b) is sufficiently described or depicted to enable the appropriate local land registrar and the central land Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART III Rejection of Document Sections 23-25 registrar to identify and depict the right or interest on the appropriate land registry plan. (4) Paragraph (1)(f) does not apply to documents evidencing a grant by a band of a right or interest in a building for residential purposes, a right of superficie or the transfer of such a right or interest. (5) Subsection (1) does not apply in respect of a notice referred to in subsection 136(7) of the Act. Acceptance of Document 24 (1) Where a registrar accepts a document received pursuant to section 21, the registrar shall (a) stamp on the document the year, month, day and hour that the document was accepted for registration by the registrar; (b) make two certified copies of the document; (c) endorse and date the information referred to in paragraph (a); and (d) forthwith forward the document and one of the endorsed certified copies to the appropriate local land registry office or the central land registry office, as the case may be. (2) Where a document accepted for registration by a registrar is not, in the opinion of the registrar, of a material quality to ensure legibility and durability, the registrar shall prepare a true copy of the document and the true copy shall be considered the original document for registration purposes. (3) Where a document accepted for registration by a registrar is written in the Cree or Naskapi language, the registrar shall prepare a memorial of the document in either the English or the French language and attach the memorial to the document. (4) A memorial prepared pursuant to subsection (3) shall be accompanied by an affidavit of the registrar who prepared the memorial attesting to the facts that the registrar understands the languages in which the memorial and the document are written, the registrar has carefully compared the memorial and the document, and the memorial is in all respects an accurate summary of the matters referred to in the document. Receipt of Accepted Document 25 (1) Where a registrar of a land registry office receives a document and an endorsed certified copy of the Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART III Receipt of Accepted Document Sections 25-26 document forwarded pursuant to paragraph 24(1)(d), the registrar shall record in chronological order in the entry book for the land registry office the following information in respect of the document: (a) the year, month and day that the document was accepted for confirmation of registration or rejected by the registrar; (b) the year, month, day and hour that the document was accepted under subsection 24(1) for registration; and (c) the information referred to in paragraphs 22(b) to (e). (2) Where a registrar rejects a document received pursuant to paragraph 24(1)(d), the registrar shall return the document to the registrar who forwarded it pursuant to paragraph 24(1)(d) and that registrar shall return the document to the person who forwarded it for registration pursuant to section 21. (3) Where a registrar of a land registry office accepts for confirmation of registration a document received pursuant to paragraph 24(1)(d), the registrar shall (a) assign a registration number to the document and the certified copy of the document and record that number in the entry book for the office; (b) stamp on the document and on the certified copy the words "registration confirmed" and "enregistrement confirmé" and the year, month and day that the document was accepted for confirmation of registration by the registrar; (c) endorse and date the information referred to in paragraph (b); and (d) forthwith forward (i) in the case of a local land registrar, the confirmed document to the central land registrar, or (ii) in the case of the central land registrar, the confirmed certified copy of the document to the appropriate local land registrar. Receipt of Confirmed Document 26 Where a registrar of a land registry office receives a confirmed document or certified copy pursuant to paragraph 25(3)(d), the registrar shall (a) assign a registration number to the document or certified copy; and Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART III Receipt of Confirmed Document Sections 26-27 (b) record in the entry book for the office, (i) the registration number assigned pursuant to paragraph (a), and (ii) the registration number assigned pursuant to paragraph 25(3)(a) and the date, referred to in paragraph 25(3)(b), on which the registration of the document was confirmed. Index Books 27 (1) In respect of each document the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate index of names: (a) the name and number of the appropriate band; (b) the name, in alphabetical order, of each person who is a party to the document; (c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar; (d) the date the document was accepted under subsection 24(1) for registration; (e) the date the registration of the document was confirmed under subsection 25(3); (f) the date of the document; (g) the nature of the right or interest evidenced in the document; and (h) the CRINA number of the right or interest evidenced in the document. (2) In respect of each document that affects a right or interest in a block of Category IA or IA-N land of a band, the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate index of land: (a) the name and number of the band; (b) the name of each person who is a party to the document; Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART III Index Books Sections 27-28 (c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar; (d) the date the document was accepted under subsection 24(1) for registration; (e) the date the registration of the document was confirmed under subsection 25(3); (f) the date of the document; (g) the nature of the right or interest evidenced in the document; and (h) the CRINA number of the right or interest evidenced in the document. (3) In respect of each document that affects a right or interest in a building situated on Category IA or IA-N land of a band, the acceptance of which has been confirmed for registration under subsection 25(3), the local land registrar who accepted or confirmed the acceptance of the document and the central land registrar shall record the following information in the appropriate general index of buildings: (a) the name and number of the band; (b) the name of each person who is a party to the document; (c) the registration number of the document assigned by the local land registrar and the registration number assigned by the central land registrar; (d) the date the document was accepted under subsection 24(1) for registration; (e) the date the registration of the document was confirmed under subsection 25(3); (f) the date of the document; (g) the nature of the right or interest evidenced by the document; and (h) the CRINA number of the right or interest evidenced by the document. Land Registry Plan 28 A right or interest in Category IA or IA-N land or in buildings situated thereon that has been registered pursuant to these Regulations shall be identified on the appropriate land registry plan by its CRINA number and Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART III Land Registry Plan Sections 28-30 the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest shall be depicted on that land registry plan. PART IV Priorities 29 (1) Subject to subsections (2) and (3), the priority of a right or interest the registration of which has been confirmed under subsection 25(3) shall be established by reference to the time at which the document was accepted under subsection 24(1) for registration. (2) Subject to subsection (3), the priority of a right or interest, that was granted or transferred during the period beginning on the day the Act comes into force and ending on the day these Regulations come into force, and the registration of which is confirmed under subsection 25(3) within six months after the day these Regulations come into force, shall be established by reference to the day on which the right or interest was granted or transferred, as the case may be. (3) The priority of an equivalent right or interest, that was granted under subsection 117(3) or (4) of the Act and the registration of which has been confirmed under subsection 25(3), shall be established by reference to the date on which the relevant former right or interest referred to in one of those subsections of the Act was granted. Fully Registered Rights and Interests 30 (1) Where the registration of a right or interest has been confirmed under subsection 25(3) and (a) the territorial description of the right or interest is depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or (b) the appropriate local land registrar and the central land registrar are satisfied that the boundaries of the land or buildings, or both, that are the subject of the right or interest can be easily located on the ground, the right or interest shall be considered to be fully registered pursuant to these Regulations as of the hour the document evidencing the right or interest was accepted under subsection 24(1) and that full registration shall be noted in the appropriate index books and depicted on the relevant land registry plans. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART IV Fully Registered Rights and Interests Sections 30-31 (2) A right or interest that is fully registered pursuant to these Regulations shall be depicted on the relevant land registry plan in a manner that clearly differentiates it from any other rights or interests depicted on the plan. (3) Subject to subsection (4), the location of the boundaries of the land or buildings, or both, that are the subject of a right or interest that is fully registered pursuant to these Regulations shall be established by reference to the depiction of the right or interest on the relevant land registry plan. (4) The depiction of a right or interest that is fully registered pursuant to these Regulations is not subject to an appeal pursuant to section 32 except where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of the right or interest has been inaccurately depicted on a land registry plan. (5) Where the appropriate local land registrar and the central land registrar are satisfied that the location of the boundaries of the land or buildings, or both, that are the subject of a fully registered right or interest has been inaccurately depicted on a land registry plan, the local land registrar shall notify the holders of any rights or interests that are affected by the inaccurate depiction and are registered pursuant to these Regulations and the registrars shall make a notation of the inaccuracy in the appropriate index books and on the relevant land registry plans. (6) A notification to a holder pursuant to subsection (5) shall be by personal service or registered mail to the holder of the right or interest affected, at the address of the holder that is set out in the registered document evidencing the right or interest. Provisionally Registered Rights and Interests 31 (1) Where the registration of a right or interest has been confirmed under subsection 25(3) but (a) the territorial description of the right or interest is not depicted on a survey confirmed in accordance with Part II of the Canada Lands Surveys Act, or Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART IV Provisionally Registered Rights and Interests Sections 31-32 (b) the appropriate local land registrar or the central land registrar is not satisfied that the boundaries of the land or building, or both, that are the subject of the right or interest can be easily located on the ground, the right or interest shall be considered to be provisionally registered pursuant to these Regulations as of the hour the document evidencing the right or interest was accepted under subsection 24(1) and that provisional registration shall be noted in the appropriate index books and depicted on the relevant land registry plans. (2) A right or interest that is provisionally registered pursuant to these Regulations shall be depicted on the relevant land registry plan in a manner that clearly differentiates it from any other rights or interests depicted on the plan and any overlap on the depiction of another right or interest shall be depicted in a manner that clearly indicates the overlap. (3) The location of the boundaries of the land or buildings, or both, that are the subject of a right or interest that is provisionally registered pursuant to these Regulations shall be established by reference to the documents, referred to in section 21, evidencing that right or interest. (4) Where a right or interest is provisionally registered pursuant to these Regulations and the appropriate local land registrar and central land registrar are satisfied that the boundaries thereof overlap on a right or interest that was previously fully or provisionally registered pursuant to these Regulations, the appropriate local land registrar shall notify the council of the appropriate band and the holders of any rights or interests registered pursuant to these Regulations that are affected by the overlap. (5) A notification to a holder pursuant to subsection (4) shall be by personal service or registered mail to the holder of the right or interest affected, at the address of the holder that is set out in the registered document evidencing the right or interest. SOR/94-369, s. 3. PART V Appeal Notice 32 (1) Within 22 months after the provisional registration of a right or interest or at the time when a notification is given under subsection 30(5), as the case may be, Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART V Appeal Notice Sections 32-33 the appropriate local land registrar and the central land registrar shall prominently display and make available for examination in their respective land registry offices the following documents, which shall remain displayed and available for 60 days: (a) a notice that sets out (i) any provisionally registered right or interest the depiction of which on a land registry plan is subject to appeal, (ii) any fully registered right or interest the proposed revised depiction of which, on a land registry plan is subject to appeal because of an inaccuracy referred to in subsection 30(4), (iii) a statement to the effect that a written objection to the depiction of a right or interest may be forwarded to the appropriate local land registrar or the central land registrar within 60 days after the date of this notice, (iv) the procedure for filing an objection referred to in subparagraph (iii), (v) a statement to the effect that a copy of the relevant land registry plan, that shows the rights and interests the depiction of which are subject to appeal, is available for examination in the appropriate local land registry office and in the central land registry office for a period of 60 days after the date of the notice, and (vi) the date, hour and place fixed for the hearing of the appeal by the local land registrar and the central land registrar; and (b) a copy of the relevant land registry plan that shows the rights and interests the depiction of which are subject to appeal. (2) The local land registrar referred to in subsection (1) shall cause a copy of the notice referred to in paragraph (1) (a) to be prominently displayed in the appropriate band office and in such other places as the local land registrar and the central land registrar consider necessary. SOR/94-369, s. 3. Objection 33 (1) A person who wishes to make an objection referred to in subparagraph 32(1)(a)(iii) shall set out in the objection any reasons for the objection. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART V Objection Sections 33-34 (2) Where a registrar receives an objection referred to in subparagraph 32(1)(a)(iii), the registrar shall forthwith forward a copy of the objection to the appropriate local land registrar or the central land registrar, as the case may be. Decision 34 (1) The appropriate local land registrar and the central land registrar shall, in deciding an appeal respecting the depiction of a right or interest, take into account any inspection on the ground of the location of the boundaries of the right or interest, any objections received pursuant to subparagraph 32(1)(a)(iii) and any representations made at the hearing referred to in subparagraph 32(1)(a)(vi). (2) Within 30 days after a hearing referred to in subparagraph 32(1)(a)(vi), the appropriate local land registrar shall, after consultation with the central land registrar issue his decision respecting the depiction of any rights or interests the depiction of which was the subject of an appeal referred to in subsection (1). (3) Notification of a decision referred to in subsection (2) shall be forwarded by personal service or registered mail to the appropriate band and to the holder of any right or interest affected by the decision, at the address of the holder that is set out in the registered document evidencing the right or interest. (4) After the expiration of the 30 days referred to in subsection (2) and after the notifications referred to in subsection (3) have been forwarded, the appropriate local land registrar and the central land registrar shall, taking into account any decisions on appeal made under subsection (2), (a) in the case of a provisionally registered right or interest the depiction of which was subject to appeal, make a notation in the appropriate index books that the right or interest is fully registered and amend the relevant land registry plan to depict the right or interest as fully registered; and (b) in the case of a fully registered right or interest the depiction of which was subject to appeal, amend the relevant land registry plan. Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART VI Sections 35-36 PART VI Cancellation of Registration of Rights or Interest [SOR/99-232, s. 1(F)] 35 (1) The appropriate local land registrar and the central land registrar shall cancel the registration of a right or interest in Category IA or IA-N land, or in buildings situated thereon, where (a) a court orders the cancellation; (b) all interested parties consent, in writing, to the cancellation; or (c) in respect of a provisionally registered right or interest, it is not possible to make a decision under section 34 as to the boundaries of the land or the location of any buildings subject to the right or interest. (2) Where the registration of a right or interest is cancelled in accordance with subsection (1), the appropriate local land registrar and the central land registrar shall make a notation of the cancellation in the appropriate index books and reflect the cancellation on the relevant land registry plans. SOR/99-232, s. 2. PART VII Depository 36 (1) A land registry office shall, for the purpose of facilitating the management and administration of Category IA or IA-N land and of buildings situated thereon, provide safekeeping services for the deposit of (a) documents referred to in section 149 and subsection 152(1) of the Act; and (b) non-registrable documents including notices of expropriation. (2) Where a document referred to in subsection (1) is received at a land registry office, a registrar of the office shall forthwith make a copy of the document and forward the copy of the document to the appropriate local land registry office or the central land registry office, as the case may be. (3) A registrar of a land registry office shall record, in chronological order, in the deposit index for the land Current to June 20, 2022 Cree-Naskapi Land Registry Regulations PART VII Depository Sections 36-37 registry office, each document received at that land registry office for deposit under subsection (1) or (2). Rights and Interests — Deposited Documents 37 (1) Where a right or interest in Category IA or IA-N land or a building situated thereon evidenced by a document deposited pursuant to subsection 152(1) of the Act or under paragraph 36(1)(b) of these Regulations is identified and depicted on a land registry plan the identification and depiction of such a right or interest shall clearly differentiate it from a right or interest that is registered pursuant to these Regulations. (2) For greater certainty, the deposit under subsection 36(1) of a document referred to in paragraph 36(1)(b) does not constitute registration pursuant to these Regulations of any right or interest evidenced by the document and the identification and depiction, on a land registry plan, of a right or interest pursuant to subsection (1) does not constitute registration of the right or interest pursuant to these Regulations. Current to June 20, 2022
CONSOLIDATION Consumer Packaging and Labelling Regulations C.R.C., c. 417 Current to June 20, 2022 Last amended on June 17, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 17, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 17, 2019 TABLE OF PROVISIONS Regulations Respecting Consumer Packaging and Labelling 1 Short Title Interpretation Exemptions from All Provisions of the Act Exemptions from Sections 4, 5, 6 and 10 of the Act Exemptions from Section 4 and Subparagraph 10(b)(ii) of the Act Bilingual Requirements and Exemptions Application of Label to Prepackaged Product Part of Label on Which Information to Be Shown Size of Type in Which Information to Be Shown Declaration of Net Quantity Exemption from Metric Net Quantity Declaration and Type Size Requirement Manner of Declaring Net Quantity Current to June 20, 2022 Last amended on June 17, 2019 ii Consumer Packaging and Labelling Regulations TABLE OF PROVISIONS Units of Measurement Prepackaged Products Consisting of Products Packaged Separately Advertisements Name and other Information Standardization of Container Sizes Capacity of Receptacles Tolerances Examination SCHEDULE I SCHEDULE II SCHEDULE III Current to June 20, 2022 Last amended on June 17, 2019 iv CHAPTER 417 CONSUMER PACKAGING AND LABELLING ACT Consumer Packaging and Labelling Regulations Regulations Respecting Consumer Packaging and Labelling Short Title 1 These Regulations may be cited as the Consumer Packaging and Labelling Regulations. Interpretation 2 (1) In these Regulations, Act means the Consumer Packaging and Labelling Act; (Loi) Canadian unit means a unit of measurement set out in Schedule II to the Weights and Measures Act; (unité canadienne) declaration of net quantity means the declaration of net quantity referred to in section 4 of the Act; (déclaration de quantité nette) metric unit means a unit of measurement set out in Schedule I to the Weights and Measures Act; (unité métrique) nominal volume [Repealed, SOR/96-278, s. 1] ornamental container means a container that, except on the bottom, does not have any promotional or advertising material thereon, other than a trademark or common name and that, because of any design appearing on its surface or because of its shape or texture, appears to be a decorative ornament and is sold as a decorative ornament in addition to being sold as the container of a product; (emballage décoratif) principal display surface means, (a) in the case of a container that has a side or surface that is displayed or visible under normal or customary Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Interpretation Section 2 conditions of sale or use, the total area of such side or surface excluding the top, if any, (b) in the case of a container that has a lid that is the part of the container displayed or visible under normal or customary conditions of sale or use, the total area of the top surface of the lid, (c) in the case of a container that does not have a particular side or surface that is displayed or visible under normal or customary conditions of sale or use, any 40 per cent of the total surface area of the container, excluding the top and bottom, if any, if such 40 per cent can be displayed or visible under normal or customary conditions of sale or use, (d) in the case of a container that is a bag with sides of equal dimensions, the total area of one of the sides, (e) in the case of a container that is a bag with sides of more than one size, the total area of one of the largest sides, (f) in the case of a container that is a wrapper or confining band that is so narrow in relation to the size of the product contained that it cannot reasonably be said to have any side or surface that is displayed or visible under normal or customary conditions of sale or use, the total area of one side of a ticket or tag attached to such container, and (g) despite paragraphs (a) to (f) of this definition, in the case of a container of wine in which the wine is displayed for sale to consumers, any part of the surface of the container, excluding its top and bottom, that can be seen without having to turn the container. (principale surface exposée) wine [Repealed, SOR/2018-108, s. 379] (2) For the purposes of the Act and these Regulations, principal display panel means, (a) in the case of a container that is mounted on a display card, that part of the label applied to all or part of the principal display surface of the container or to all or part of the side of the display card that is displayed or visible under normal or customary conditions of sale or use or to both such parts of the container and the display card, (b) in the case of an ornamental container, that part of the label applied to all or part of the bottom of the container or to all or part of the principal display Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Interpretation Sections 2-4 surface or to all or part of a tag that is attached to the container, and (c) in the case of all other containers, that part of the label applied to all or part of the principal display surface. (espace principal) SOR/96-278, s. 1; 2014, c. 20, s. 366(E); SOR/2014-8, s. 1; SOR/2018-108, s. 379. Exemptions from All Provisions of the Act 3 (1) Prepackaged products that are produced or manufactured for commercial or industrial enterprises or institutions for use by such enterprises or institutions without being sold by them as prepackaged products to other consumers are exempt from all the provisions of the Act. (2) Prepackaged products that are produced or manufactured only for export or for sale to a duty-free store, are exempt from all the provisions of the Act. (3) Prepackaged products consisting of consumer textile articles that are subject to section 3 of the Textile Labelling Act are exempt from all the provisions of the Act. (4) Prepackaged products consisting of replacement parts for vehicles, appliances or other durable consumer goods are exempt from all the provisions of the Act unless they are intended to be displayed for sale to a consumer or are displayed for sale to a consumer. (5) Prepackaged products consisting of materials that are produced or manufactured for use by artists, namely, (a) colours for painting, dyeing or printing, (b) ceramic and enamelling colours and glazes, and (c) surfaces and tools, are exempt from all the provisions of the Act. Exemptions from Sections 4, 5, 6 and 10 of the Act 4 Prepackaged products that are subject to regulations respecting packaging, labelling and marking under the Feeds Act, Fertilizers Act, Seeds Act or Pest Control Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Exemptions from Sections 4, 5, 6 and 10 of the Act Sections 4-5 Products Act are exempt from sections 4, 5, 6 and 10 of the Act. SOR/2018-108, s. 380. Exemptions from Section 4 and Subparagraph 10(b)(ii) of the Act 5 (1) A prepackaged product that (a) [Repealed, SOR/2018-108, s. 381] (b) is usually sold to a consumer by numerical count, (c) is packaged in such a manner that the product contents are visible and identifiable, and (d) has a label applied to it in accordance with sections 7 to 11 that shows the information referred to in subparagraph 10(b)(i) of the Act in the form and manner prescribed by these Regulations, is exempt from subparagraph 10(b)(ii) of the Act. (2) A prepackaged product that (a) [Repealed, SOR/2018-108, s. 381] (b) is usually sold to a consumer by numerical count, (c) is packaged in such a manner that the product contents are visible and identifiable, (d) consists of less than seven articles or consists of less than 13 articles and the actual number of those articles can be readily ascertained by an examination of the product without opening it, and (e) has a label applied to it in accordance with sections 7 to 11 that shows the information referred to in subparagraph 10(b)(i) of the Act in the form and manner prescribed by these Regulations, is exempt from section 4 of the Act. (3) A prepackaged product that (a) [Repealed, SOR/2018-108, s. 381] (b) consists of a single article or consists of more than one article where the articles are packaged as a set, (c) is usually sold to a consumer by numerical count, Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Exemptions from Section 4 and Subparagraph 10(b)(ii) of the Act Sections 5-6 (d) has on the principal display panel a pictorial representation which adequately indicates the identity and quantity of the product contents, and (e) has a label applied to it in accordance with sections 7 to 11 that shows the information referred to in subparagraph 10(b)(i) of the Act in the form and manner prescribed by these Regulations, is exempt from section 4 and subparagraph 10(b)(ii) of the Act. SOR/2018-108, s. 381. 5.1 [Repealed, SOR/96-278, s. 2] Bilingual Requirements and Exemptions 6 (1) In this section, local government unit means a city, metropolitan government area, town, village, municipality or other area of local government but does not include any local government unit situated within a bilingual district established under the Official Languages Act; (collectivité locale) local product means a prepackaged product that is manufactured, processed, produced or packaged in a local government unit and sold only in (a) the local government unit in which it is manufactured, processed, produced or packaged, (b) one or more local government units that are immediately adjacent to the one in which it is manufactured, processed, produced or packaged, or (c) the local government unit in which it is manufactured, processed, produced or packaged and in one or more local government units that are immediately adjacent to the one in which it is manufactured, processed, produced or packaged; (produit local) mother tongue means the language first learned in childhood by persons in any area of Canada and still understood by them as ascertained by the decennial census taken immediately preceding the date on which the prepackaged product referred to in subsection (3) is sold to the consumer; (langue maternelle) official languages means the English language and the French language; (langues officielles) specialty product means a prepackaged product that is an imported product Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Bilingual Requirements and Exemptions Section 6 (a) that is not widely used by the population as a whole in Canada; and (b) for which there is no readily available substitute that is manufactured, processed, produced or packaged in Canada and that is generally accepted as being a comparable substitute; (produit spécial) test market product means a prepackaged product that, prior to the date of the notice of intention respecting that product referred to in subsection (5), was not sold in Canada in that form and that differs substantially from any other product sold in Canada with respect to its composition, function, state or packaging form. (produit d’essai) (2) All information required by the Act and these Regulations to be shown on the label of a prepackaged product shall be shown in both official languages except that the identity and principal place of business of the person by or for whom the prepackaged product was manufactured, processed, produced or packaged for resale may be shown in one of the official languages. (3) Subject to subsections (4) to (6), a local product or test market product is exempt from subsection (2) if (a) it is sold in a local government unit in which one of the official languages is the mother tongue of less than 10 per cent of the total number of persons residing in the local government unit; and (b) the information required by the Act and these Regulations to be shown on the label of a prepackaged product is shown in the official language that is the mother tongue of at least 10 per cent of the total number of persons residing in the local government unit. (4) Where one of the official languages is the mother tongue of less than 10 per cent of the total number of persons residing in a local government unit and the other official language is the mother tongue of less than 10 per cent of the total number of persons residing in the same local government unit, subsection (3) does not apply. (5) Subsection (3) does not apply to a test market product unless the dealer who intends to conduct the test marketing of the product has, six weeks prior to conducting the test marketing, filed with the Minister of Consumer and Corporate Affairs a notice of intention in such form as the Minister may prescribe. Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Bilingual Requirements and Exemptions Sections 6-7 (6) A test market product shall, for the purposes of subsection (3) and paragraph 36(3)(a), cease to be a test market product upon the expiration of 12 cumulative months after the date on which it was first offered for sale as a test market product but any test market product that was acquired for resale by a dealer, other than the dealer who filed the notice of intention referred to in subsection (5), before the expiration of those 12 cumulative months, shall continue to be a test market product for the purposes of subsection (3) and paragraph 36(3)(a) until it is sold to a consumer. (7) A specialty product is exempt from subsection (2) if the information required by the Act and these Regulations to be shown on the label of a prepackaged product is shown in one of the official languages. (8) Where there are one or more surfaces on the label of a prepackaged product that are of at least the same size and prominence as the principal display panel, the information required by the Act and these Regulations to be shown on the principal display panel may be shown in one official language if such information is shown in the other official language on one of those other surfaces. (9) A prepackaged product that is within one of the following classes of prepackaged products is exempt from subsection (2) if the information required by the Act and these Regulations to be shown on the label of a prepackaged product is shown in the language that is appropriate to the product: (a) greeting cards; (b) books; (c) talking toys; (d) games in which a knowledge of the language used is a basic factor essential to the use of the game. SOR/2018-108, s. 382. Application of Label to Prepackaged Product 7 (1) Subject to subsection (2), the label of a prepackaged product shall be applied to the container in which the product is displayed for sale to the consumer. (2) Where the container of a prepackaged product is mounted on a display card, the label may be applied to Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Application of Label to Prepackaged Product Sections 7-14 the side of the display card that is displayed or visible under normal or customary conditions of sale or use. 8 Where the container of a prepackaged product is a wrapper or confining band referred to in paragraph (f) of the definition principal display surface in subsection 2(1), the label shall be a ticket or tag and shall be attached to the wrapper or confining band. 9 Subject to subsection 7(2) and section 10, all or part of the label of a prepackaged product shall be applied to the principal display surface of the container of that product. 10 Where the container of a prepackaged product is an ornamental container, all of the label of the prepackaged product may be applied to the bottom of the container or to a tag that is attached to the container. 11 The label of a prepackaged product shall be applied in such a manner that the prepackaged product will bear the label at the time it is sold to the consumer. Part of Label on Which Information to Be Shown 12 The following information shall be shown on the principal display panel: (a) the net quantity of the prepackaged product; (b) the identity of the prepackaged product in terms of its common or generic name or in terms of its function; and (c) such other information required by the Act or these Regulations to be shown on the principal display panel. 13 Subject to section 10, the identity and principal place of business of the person by or for whom a prepackaged product was manufactured or produced for resale shall be shown on any part of the label except that part of the label, if any, applied to the bottom of a container. Size of Type in Which Information to Be Shown 14 (1) For the purposes of this section and sections 15 and 16, the height of a letter means the height of an Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Size of Type in Which Information to Be Shown Sections 14-15 upper case letter where words appear in upper case and the height of the lower case letter “o” when words appear in lower case or in a mixture of upper and lower case. (2) The numerical quantity in the declaration of net quantity shall be shown in bold face type in letters of not less than the following height: (a) 1/16 inch (1.6 millimetres), where the principal display surface of the container is not more than five square inches (32 square centimetres); (b) 1/8 inch (3.2 millimetres), where the principal display surface of the container is more than five square inches (32 square centimetres) but not more than 40 square inches (258 square centimetres); (c) 1/4 inch (6.4 millimetres), where the principal display surface of the container is more than 40 square inches (258 square centimetres) but not more than 100 square inches (645 square centimetres); (d) 3/8 inch (9.5 millimetres), where the principal display surface of the container is more than 100 square inches (645 square centimetres) but not more than 400 square inches (25.8 square decimetres); and (e) 1/2 inch (12.7 millimetres), where the principal display surface of the container is more than 400 square inches (25.8 square decimetres). (3) Where a container is mounted on a display card, the declaration of net quantity may be shown on the principal display panel of the label applied to the container or on the principal display panel of the label applied to the display card but the height of the letters in the numerical quantity of the declaration of net quantity shall, for the purpose of subsection (2), be proportionate to the total area of the side of the display card that is displayed or visible under normal or customary conditions of sale or use and not to the principal display surface of the container. (4) All information in the declaration of net quantity other than the information referred to in subsection (2), shall be shown in letters of not less than 1/16 inch (1.6 millimetres) in height. (5) [Repealed, SOR/2018-108, s. 383] SOR/2014-8, s. 2; SOR/2018-108, s. 383. 15 Information that is required by the Act and these Regulations to be shown on a label, other than in the declaration of net quantity, shall be shown in a manner easily legible to the consumer under normal or customary Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Size of Type in Which Information to Be Shown Sections 15-19 conditions of sale or use and shall be in letters of not less than 1/16 inch (1.6 millimetres) in height. 16 Notwithstanding section 15, where the area of the principal display surface of a container is 1.55 square inches (10 square centimetres) or less, and where all the information that is required by the Act or these Regulations to be shown on a label is shown on the principal display panel, such information, other than the information in the declaration of net quantity, may be in letters of not less than 1/32 inch (0.8 millimetre) in height. Declaration of Net Quantity 17 Where the declaration of net quantity is in terms of metric and Canadian units, those units shall be grouped together, except that any symbol that is required to be shown pursuant to the Hazardous Products Act or any regulations made under that Act may be shown between and immediately adjacent to those units. 18 [Repealed, SOR/2018-108, s. 384] Exemption from Metric Net Quantity Declaration and Type Size Requirement 19 (1) For the purposes of this section, area means an area within the meaning of subsection 337(1) of the Weights and Measures Regulations; (région) floor covering means floor covering within the meaning of section 342 of the Weights and Measures Regulations; (couvre-plancher) individually measured commodity [Repealed, SOR/ 2018-108, s. 385] (2) Prepackaged products that are packaged from bulk on a retail premises, other than wallpaper or floor covering, are exempt from paragraph 4(1)(b) of the Act and from section 14 of these Regulations, if the net quantity of the product is clearly shown on the principal display panel of its label in terms of a Canadian unit. (3) [Repealed, SOR/2018-108, s. 385] Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Exemption from Metric Net Quantity Declaration and Type Size Requirement Sections 19-23 (4) [Repealed, SOR/2018-108, s. 385] SOR/78-789, s. 1; SOR/80-840, s. 1; SOR/82-411, s. 2; SOR/2018-108, s. 385. 20 [Repealed, SOR/78-789, s. 2] Manner of Declaring Net Quantity 21 Subject to sections 22, 23 and 36, the declaration of net quantity of a prepackaged product shall show the quantity of the product (a) by volume, when the product is a liquid or gas or is viscous, or (b) by weight, when the product is solid, unless it is the established trade practice to show the net quantity of the product in some other manner, in which case the declaration shall be in accordance with the established trade practice. SOR/78-171, s. 1. 22 The declaration of net quantity of a prepackaged product that is packed for dispensing in aerosol form shall show the net quantity of the product by weight. SOR/78-171, ss. 2, 3; SOR/78-789, ss. 3, 4; SOR/81-580, s. 1; SOR/2018-108, s. 386. 23 (1) The declaration of net quantity of non-perforated rolls, sheets or other units of wrapping paper, plastic foil, aluminum foil, waxed paper, wall paper, adhesive tape or other non-perforated bidimensional products shall show the net quantity of the product by (a) the number of rolls, sheets or other units in the package, if there is more than one; (b) the length and width of each roll, sheet or other unit; and (c) the area measurement of the roll or the total area measurement of all sheets or other units if each roll, sheet or other unit is more than four inches (10.2 centimetres) in width and more than one square foot (9.29 square decimetres) in area. (2) The declaration of net quantity of rolls, sheets or other units of bathroom tissue, facial tissue, paper towels, paper napkins and other bidimensional products that have one or more plys and are sold in separate or perforated individual units shall show the net quantity of the product by Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Manner of Declaring Net Quantity Sections 23-27 (a) the number of rolls, sheets or other units in the package, if there is more than one; (b) the length and width of each separate or perforated individual unit; (c) the number of plys of each separate or perforated individual unit unless the product is one of a class of products that is made only in a single ply; and (d) in the case of roll products, the number of perforated individual units in the roll. (3) Where the package contains different bidimensional products, the net quantity of each such product shall be shown as required by this section. Units of Measurement 24 The declaration of net quantity in Canadian units for a measurement of volume less than one gallon shall be shown in fluid ounces, except that 20 fluid ounces may be shown as being one pint, 40 fluid ounces as being one quart, 60 fluid ounces as being three pints, 80 fluid ounces as being two quarts or 1/2 gallon and 120 fluid ounces as being three quarts. 25 The declaration of net quantity in metric units shall be shown in the decimal system to three figures, except that where the net quantity is below 100 grams, millilitres, cubic centimetres, square centimetres or centimetres, it may be shown to two figures and, in either case, any final zero appearing to the right of the decimal point need not be shown. 26 Where a net quantity less than a whole number is shown in the declaration of net quantity of a prepackaged product in a metric unit, it shall be shown (a) in the decimal system with the numeral zero preceding the decimal point; or (b) in words. 27 Subject to section 27.1, where the declaration of net quantity of a prepackaged product is shown in metric units, the metric units shall be in (a) millilitres, where the net volume of the product is less than 1 000 millilitres, except that 500 millilitres may be shown as being 0.5 litre; Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Units of Measurement Sections 27-27.1 (b) litres, where the net volume is 1 000 millilitres or more; (c) grams, where the net weight is less than 1 000 grams, except that 500 grams may be shown as being 0.5 kilogram; (d) kilograms, where the net weight is 1 000 grams or more; (e) centimetres or millimetres, where the length is less than 100 centimetres; (f) metres, where the length is 100 centimetres or more; (g) square centimetres, where the area is less than 100 square centimetres; (h) square decimetres, where the area is 100 square centimetres or more, but less than 100 square decimetres; (i) square metres, where the area is one square metre or more; (j) cubic centimetres, where the cubic measurement is less than 1 000 cubic centimetres; (k) cubic decimetres, where the cubic measurement is one cubic decimetre or more but less than 1 000 cubic decimetres; and (l) cubic metres, where the cubic measurement is one cubic metre or more. SOR/80-840, s. 2. 27.1 Notwithstanding paragraph 27(c), where the net weight of (a) a prepackaged product that is packaged from bulk on a retail premises, or (b) a prepackaged catch weight product that is sold by a retailer is less than 1 000 grams and the declaration of net quantity is shown in terms of metric units of weight, the metric units may be shown in terms of grams or a decimal fraction of a kilogram. SOR/80-840, s. 3. Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Prepackaged Products Consisting of Products Packaged Separately Sections 28-29 Prepackaged Products Consisting of Products Packaged Separately 28 (1) Where a prepackaged product is sold as one unit but consists of two or more products that are packaged separately and labelled with the information required to be shown on prepackaged products, the declaration of net quantity shall show (a) the number of products in each class and the identity of each class in terms of common, generic or functional name; (b) the total net quantity of products in each class in the unit or the individual net quantity of each identical product in the class in the unit; and (c) if a class of product in the unit contains only one product, the net quantity of that product. (2) Despite subsection (1), if a prepackaged product referred to in that subsection consists of less than seven identical products that are packaged separately and those products are labelled to show all of the information required by the Act and these Regulations and that information is clearly visible at the time of sale, no information is required to be shown on the prepackaged product being sold as one unit and the prepackaged product is exempt from sections 4 and 10 of the Act. SOR/2018-108, s. 387. Advertisements 29 (1) Subject to subsections (2) and (3), where the declaration of net quantity of a prepackaged product is in terms of metric and Canadian units, an advertisement for such product may show its net quantity in terms of either a metric or a Canadian unit of measurement. (2) During the year 1980, Canadian units of measurement shall not be used in any advertisement within retail premises for a wallpaper or any “floor covering” within the meaning of section 342 of the Weights and Measures Regulations unless the equivalent metric units of measurement are shown in a manner at least as prominent as the Canadian units. (3) After December 31, 1980, Canadian units of measurement shall not be used in any advertisement for a wallpaper or any “floor covering” within the meaning of section 342 of the Weights and Measures Regulations. SOR/80-840, s. 4. Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Name and other Information Sections 30-31 Name and other Information 30 Where by any enactment of the Parliament of Canada or any regulation made pursuant thereto, a common, generic or functional name for a product is prescribed, that name shall be used as the common, generic or functional name of the prepackaged product for the purpose of subparagraph 10(b)(ii) of the Act. 31 (1) Where any reference, direct or indirect, is made on a label to a place of manufacture and the reference is made with respect to the place of manufacture of the label or container and not to the place of manufacture of the product, the reference shall be accompanied by an additional statement indicating that the place of manufacture refers only to the label or container. (2) Where a prepackaged product that is wholly manufactured or produced in a country other than Canada has applied to it, whether in Canada or elsewhere, a label that shows the identity and principal place of business of the person in Canada for whom the prepackaged product was manufactured or produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” (“importé par”) or “imported for” (“importé pour”), as the case may be, unless the geographic origin of the prepackaged product is stated on the label. (3) Where a product that is wholly manufactured or produced in a country other than Canada is packaged in Canada at other than the retail level of trade and the resulting prepackaged product has applied to it a label that shows the identity and principal place of business of either the person in Canada for whom the product was manufactured or produced for resale in prepackaged form or for whom the prepackaged product was manufactured or produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” (“importé par”) or “imported for” (“importé pour”), as the case may be, unless the geographic origin of the product is stated on the label. (4) Subject to the requirements of any other applicable federal or provincial law, the statement of geographic origin referred to in subsections (2) and (3) shall be located immediately adjacent to the declaration of dealer identity and principal place of business and shall be shown in letters at least as large as those used in the declaration of the Canadian dealer’s principal place of business. (5) Subsections (2) and (4) do not apply to a prepackaged product labelled in Canada prior to November 1, 1982. Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Name and other Information Sections 31-37 (6) Subsections (3) and (4) do not apply to a prepackaged product packaged and labelled in Canada prior to November 1, 1982. (7) Subsection (4) does not apply to a prepackaged product manufactured or produced and labelled in a country other than Canada prior to November 1, 1982. SOR/81-906, s. 1. 32 [Repealed, SOR/2018-108, s. 388] 33 [Repealed, SOR/2018-108, s. 388] 34 [Repealed, SOR/2018-108, s. 388] 35 [Repealed, SOR/96-278, s. 3] Standardization of Container Sizes [SOR/96-278, s. 4(F)] 36 (1) Subject to subsection (3), a prepackaged product consisting of facial tissue, that is manufactured before January 1, 1997, may only be sold in a container whose size corresponds to a net quantity of product (a) of a numerical count of less than 50; (b) of a numerical count of 50, 60, 100, 120, 150 or 200; or (c) of a numerical count of more than 200, if the container is of a size that corresponds to a net quantity of product that is a multiple of 100 units. (2) Subject to subsection (3), the net quantity of a prepackaged product referred to in subsection (1) shall be shown in terms of numerical count. (3) Subsections (1) and (2) do not apply in respect of a test market product as defined in subsection 6(1), if the dealer who intends to conduct the test marketing of the product has, six weeks before conducting the test marketing, filed with the Minister a notice of intention, in a form established by the Minister. SOR/78-171, ss. 5 to 7; SOR/78-789, s. 5; SOR/79-683, s. 1; SOR/81-580, s. 2; SOR/ 81-621, s. 1; SOR/83-33, s. 1; SOR/84-161, s. 1; SOR/85-441, s. 1; SOR/96-278, s. 5; SOR/ 2018-108, s. 389. Capacity of Receptacles 37 (1) In this section, receptacle means a receptacle that is designed for household, camping or recreational use and includes a water tank for household use. Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Capacity of Receptacles Sections 37-39 (2) Subparagraph 10(b)(iii) of the Act applies to a product that is a receptacle and that is not a prepackaged product but is ordinarily sold to or purchased by a consumer in the manner described in subparagraph 18(1)(h)(i) or (ii) of the Act. (3) Where a dealer sells, advertises or imports into Canada a receptacle, whether or not such receptacle is a prepackaged product, and the receptacle bears a label describing its size or capacity in terms of pints, quarts or gallons, the label and any advertisement that describes its size or capacity in terms of pints, quarts or gallons shall show the size or capacity in terms of Canadian pints, quarts or gallons. (4) The size of type used to show the Canadian size or capacity shall be at least equal to that used to describe its size or capacity in terms of any other pints, quarts or gallons and the Canadian size or capacity shall be shown adjacent to any other description of its size or capacity. Tolerances 38 (1) For the purposes of Schedule I, catch weight product means a prepackaged product that because of its nature cannot normally be portioned to a predetermined quantity and is, as a result, usually sold in varying quantities. (2) The prescribed tolerance for the purposes of subsection 7(3) of the Act is that set out in Column II of an item of the appropriate Part of Schedule I for the declared net quantity set out in Column I of that item. SOR/89-571, s. 1. Examination 39 (1) The examination of any quantity of prepackaged products that are owned by a dealer, hereinafter referred to as a lot, each unit of which purports to contain the same net quantity of product, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the declaration of net quantity, shall be made by selecting and examining a sample from the lot. (2) Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule II, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item and the number of the units selected shall constitute the sample referred to in subsection (1). Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations Examination Sections 39-41 to 46 (3) Where, for the purpose of determining the net quantity, other than for establishing the weight of the container, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit and the number of units selected shall constitute the sample referred to in subsection (1). (4) The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the declaration of net quantity where the inspector determines that (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule II, is less than the declared net quantity; (b) the number of units in the sample that contain less than the declared net quantity by more than the prescribed tolerance set out in Schedule I for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule II for the sample size set out in Column I thereof; or (c) two or more units in the sample contain less than the declared net quantity by more than twice the prescribed tolerance set out in Schedule I for that quantity. SOR/89-571, s. 2. 40 If a prepackaged product consisting of liquid is inspected, the net quantity of the prepackaged product shall be determined on the basis of the assumption that the liquid is at a temperature of 20°C (68°F). SOR/2018-108, s. 390. 40.1 [Repealed, SOR/89-525, s. 1] 41 to 46 [Repealed, SOR/93-287, s. 1] Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I SCHEDULE I (Section 38) PART I Tolerances for Net Quantities Declared in Metric Units of Mass for Catch Weight Products Column I Column II Toleranc e Item Declared Net Quantity % grams — grams 1 more than 0 to not more than 60 more than 60 to not more than — 600 more than 600 to not more than 1 000 — — kilograms 4 more than 1 to not more than 1.5 more than 1.5 to not more than 0.66 3 — more than 3 to not more than 4 — more than 4 to not more than 10 — more than 10 to not more than — 15 more than 15 to not more than 0.33 250 — more than 250 to not more than 500 — more than 500 0.15 — 0.5 PART II Tolerances for Net Quantities Declared in Canadian Units of Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I Mass or Weight for Catch Weight Products Column I Column II Toleranc e Item Declared Net Quantity % ounces ounces 1 more than 0 to not more than 2 10 — more than 2 to not more than 20 — 0.2 — pounds 3 more than 1.25 to not more than 2.2 more than 2.2 to not more than — 3.3 0.35 more than 3.3 to not more than 0.66 6.6 — more than 6.6 to not more than — 8.8 0.71 more than 8.8 to not more than 0.5 22 — more than 22 to not more than — 33 1.76 more than 33 to not more than 0.33 550 — more than 550 to not more than 1100 — 26.4 more than 1100 0.15 — PART III Tolerances for Net Quantities Declared in Metric Units of Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I Mass or Volume for Prepackaged Products other than Catch Weight Products Item Column I Column II Declared Net Quantity Toleran grams ce or millilitr % es grams or millilitres 1 more than 0 to not more than 50 — more than 50 to not more than — 100 4.5 more than 100 to not more than 200 4.5 — more than 200 to not more than 300 — more than 300 to not more than 500 — more than 500 to not more than 1 kilogram or litre — 1.5 — kilograms or litres 7 more than 1 to not more than 10 more than 10 to not more than — 15 more than 15 — PART IV Tolerances for Net Quantities Declared in Canadian Units of Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I Mass or Weight for Prepackaged Products other than Catch Weight Products Column I Column II Toleranc e Item Declared Net Quantity % ounces ounces 1 more than 0 to not more than 1.75 — more than 1.75 to not more than 3.5 — 0.16 more than 3.5 to not more than 4.5 7 — more than 7 to not more than 10.6 — 0.32 more than 10.6 to not more than 17.6 — pounds 6 more than 1.1 to not more than — 2.2 0.53 more than 2.2 to not more than 1.5 22 — more than 22 to not more than — 33 5.28 more than 33 — Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I PART V Tolerances for Net Quantities Declared in Canadian Units of Volume for Prepackaged Products other than Catch Weight Products Item Column I Column II Declared Net Quantity Toleran ce fluid % ounces fluid ounces 1 more than 0 to not more than 1.75 — more than 1.75 to not more than 3.5 — 0.16 more than 3.5 to not more than 4.5 7 — more than 7 to not more than 10.6 — 0.32 more than 10.6 to not more than 17.6 — more than 17.6 to not more than 35.2 — 0.53 more than 35.2 to not more than 2.2 gallons 1.5 — gallons 8 more than 2.2 to not more than — 3.3 5.28 more than 3.3 — Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I PART VI Tolerances for Net Quantities of Solid Prepackaged Products Declared in Metric Units of Volume Item Column I Column II Declared Net Quantity Tolerance cubic metres 1 less than 1 3% of declared net quantity from 1 to 2 0.03 cubic metres more than 2 1.5% of declared net quantity PART VII Tolerances for Net Quantities of Solid Prepackaged Products Declared in Canadian Units of Volume Item Column I Column II Declared Net Quantity Tolerance cubic yards 1 less than 1 3% of declared net quantity from 1 to 2 0.03 cubic yards more than 2 1.5% of declared net quantity Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I PART VIII Tolerances for Net Quantities of Prepackaged Products Declared in Metric Units of Length Item Column I Column II Declared Net Quantity Tolerance metres 1 less than 3 2% of declared net quantity from 3 to 6 60 millimetres more than 6 1% of declared net quantity PART IX Tolerances for Net Quantities of Prepackaged Products Declared in Canadian Units of Length Item Column I Column II Declared Net Quantity Tolerance feet 1 less than 10 2% of declared net quantity from 10 to 20 2.4 inches more than 20 1% of declared net quantity Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I PART X Tolerances for Net Quantities of Prepackaged Products Declared in Metric Units of Area Item Column I Column II Declared Net Quantity Tolerance square metres 1 less than 10 2% of declared net quantity from 10 to 20 20 square decimetres more than 20 1% of declared net quantity PART XI Tolerances for Net Quantities of Prepackaged Products Declared in Canadian Units of Area Item Column I Column II Declared Net Quantity Tolerance square feet 1 less than 100 2% of declared net quantity from 100 to 200 2 square feet more than 200 1% of declared net quantity Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE I PART XII Tolerances for Net Quantities of Prepackaged Products Declared by Number Item Column I Column II Declared Net Quantity Tolerance number of articles 1 less than 50 0 article from 50 to 100 1 article more than 100 with an individual weight of 14 grams or less, or 1/2 ounce or less 0.75% of the declared net quantity, rounded up to the next whole number more than 100 with an individual weight of more than 14 grams, or more than 1/2 ounce 0.5% of the declared net quantity, rounded up to the next whole number SOR/89-571, s. 3. Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE II SCHEDULE II (Section 39) PART I Samples Column I Column II Item Number of Units in the Minimum Number of Lot Units in the Sample from 2 to 10 All the units in the lot from 11 to 128 25% of the units in the lot, rounded up to the next whole number, but not less than 10 from 129 to 4 000 from 4 001 to 8 000 from 8 001 to 12 000 more than 12 000 PART II Formula for Determining the Weighted Average Quantity of the Units in a Sample For the purposes of paragraph 39(4)(a), the formula for adjusting the sample mean to determine the weighted average quantity of the units in the sample is as follows where Xa is the weighted average quantity of the units in the sample x is the sample mean calculated as follows: x = ∑x ÷ n ∑x is the sum of the net quantities of all units in the sample t is the value determined in accordance with Part III for the selected sample size n is the number of units in the sample Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE II s is the standard deviation of the sample, calculated as follows ∑(x-x)2 is the sum of the squared differences between the sample mean and the net quantity of each unit in the sample. The value of (t ÷ √n) may, instead of being calculated in accordance with this Part, be determined using the applicable value set out in Column III of the table to Part III * PART III Table for Values of t and (t ÷ √n) Column I Column II Column III Sample Size t* (t ÷ √n)* 63.657 45.01 9.925 5.73 5.841 2.92 4.604 2.06 4.032 1.65 3.707 1.40 3.499 1.24 3.355 1.12 3.250 1.03 3.169 0.955 3.106 0.897 3.055 0.847 3.012 0.805 2.977 0.769 2.947 0.737 2.921 0.708 2.898 0.683 2.878 0.660 2.861 0.640 2.845 0.621 Current to June 20, 2022 Last amended on June 17, 2019 Linear Interpolation of Values Where a sample size is selected that is not listed in Column I of this table and lies between 32 and 125, the value of t will be determined by linear interpolation as follows: where a is the value of t for the closest sample size below the selected sample size b is the value of t for the closest sample size above the selected sample size c is the result of 120 divided by the closest sample size below the selected sample size d is the result of 120 divided by the closest sample size above the selected sample size e is the result of 120 divided by the selected sample size Consumer Packaging and Labelling Regulations SCHEDULE II Column I Column II Column III Sample Size t* (t ÷ √n)* 2.831 0.604 2.819 0.588 2.807 0.573 2.797 0.559 2.787 0.547 2.779 0.535 2.771 0.524 2.763 0.513 2.756 0.503 2.750 0.494 2.746 0.485 2.657 0.332 2.634 0.269 2.615 0.234 Where all units in a lot are selected to constitute a sample, zero shall be used as the value of t and (t ÷ √n). * PART IV Minimum Number of Units for the Purposes of Paragraph 39(4)(B) Column I Column II Item Sample Size Minimum Number of Units* from 2 to 8 from 9 to 20 from 21 to 32 from 33 to 50 from 51 to 65 from 66 to 80 Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE II Column I Column II Item Sample Size Minimum Number of Units* from 81 to 102 from 103 to 125 Minimum number of units in the sample that results in the lot not meeting the requirements of the Act and these Regulations respecting the declaration of net quantity. * SOR/89-571, s. 4. Current to June 20, 2022 Last amended on June 17, 2019 Consumer Packaging and Labelling Regulations SCHEDULE III SCHEDULE III [Repealed, SOR/93-287, s. 2] Current to June 20, 2022 Last amended on June 17, 2019
CONSOLIDATION Commissioner’s Standing Orders (Practice And Procedure) [Repealed, SOR/2014-293, s. 11] Current to June 20, 2022 Last amended on November 28, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 28, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 28, 2014 TABLE OF PROVISIONS Commissioner’s Standing Orders (Practice And Procedure) Current to June 20, 2022 Last amended on November 28, 2014 ii
CONSOLIDATION Commission for Environmental Cooperation (Director) Remission Order (Part IX of the Excise Tax Act) SI/99-81 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Commission for Environmental Cooperation (Director) Remission Order (Part IX of the Excise Tax Act) 1 Interpretation Remission Current to June 20, 2022 ii Registration SI/99-81 August 18, 1999 FINANCIAL ADMINISTRATION ACT Commission for Environmental Cooperation (Director) Remission Order (Part IX of the Excise Tax Act) P.C. 1999-1334 July 28, 1999 His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Finance, pursuant to subsection 23(2)a of the Financial Administration Act, hereby makes the annexed Commission for Environmental Cooperation (Director) Remission Order (Part IX of the Excise Tax Act). a S.C. 1991, c. 24, s. 7(2) Current to June 20, 2022 Commission for Environmental Cooperation (Director) Remission Order (Part IX of the Excise Tax Act) Interpretation 1 The definitions in this section apply in this Order. Commission means the Commission for Environmental Cooperation established by Article 8(1) of the North American Agreement on Environmental Cooperation between the Government of Canada, the Government of the United States of America and the Government of the United Mexican States that was concluded on September 14, 1993, and that came into force on January 1, 1994. (Commission) tax means the tax imposed under Part IX of the Excise Tax Act. (taxe) Remission 2 Remission is hereby granted to the Director of the Commission of tax in an amount equal to the amount by which (a) the tax paid by the Director of the Commission during the period beginning on September 4, 1994 and ending on September 22, 1997 exceeds (b) the tax that would have been payable by the Director of the Commission in respect of the period if the Director of the Commission had been granted the exemptions comparable to those accorded in Canada under the Vienna Convention to diplomatic agents. Current to June 20, 2022
CONSOLIDATION Canadian Judicial Council Inquiries and Investigations Bylaws, 2015 SOR/2015-203 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Canadian Judicial Council Inquiries and Investigations By-laws, 2015 Interpretation 1 Definitions Establishment and Powers of a Judicial Conduct Review Panel 2 Establishment of Judicial Conduct Review Panel Designating Members to Inquiry Committee 3 Designation of members Legal Counsel and Advisors 4 Persons to advise and assist Inquiry Committee Proceedings 5 Complaint or allegation Public or private hearing Principle of fairness Inquiry Committee Report 8 Report of findings and conclusions Judge’s Response to Inquiry Committee Report 9 Written submission by judge Deliberations of Council Concerning Removal of Judges from office 10 Senior member chairs meetings Consideration of Inquiry Committee Report by Council 11 Consideration of report and written submissions Clarification Current to June 20, 2022 ii Canadian Judicial Council Inquiries and Investigations By-laws, 2015 TABLE OF PROVISIONS Council Report 13 Report of conclusions to Minister Transitional Provision Repeal Coming into Force Current to June 20, 2022 iv Registration SOR/2015-203 July 29, 2015 JUDGES ACT Canadian Judicial Council Investigations By-laws, 2015 Inquiries and The Canadian Judicial Council, pursuant to subsection 61(3) of the Judges Acta, makes the annexed Canadian Judicial Council Inquiries and Investigations By-laws, 2015. Ottawa, July 28, 2015 BEVERLEY McLACHLIN Chief Justice of Canada Chairman Canadian Judicial Council a R.S., c. J-1 Current to June 20, 2022 Canadian Judicial Council Inquiries and Investigations By-laws, 2015 Interpretation Definitions 1 The following definitions apply in these By-laws. Act means the Judges Act. (Loi) senior member means, in relation to a complaint or allegation, the longest-serving eligible member of the Judicial Conduct Committee who has not previously considered the matter or, if no Judicial Conduct Committee member is available, the longest-serving member of the Council who has not previously considered the matter. (doyen) Establishment and Powers of a Judicial Conduct Review Panel Establishment of Judicial Conduct Review Panel 2 (1) The Chairperson or Vice-Chairperson of the Judicial Conduct Committee, established by the Council in order to consider complaints or allegations made in respect of a judge of a superior court may, if they determine that a complaint or allegation on its face might be serious enough to warrant the removal of the judge, establish a Judicial Conduct Review Panel to decide whether an Inquiry Committee should be constituted in accordance with subsection 63(3) of the Act. Designation of members (2) The senior member designates the members of the Judicial Conduct Review Panel. Composition of Judicial Conduct Review Panel (3) The Judicial Conduct Review Panel is to be composed of five persons of which three are members of the Council, one is a puisne judge and one is a person who is neither a judge nor a member of the bar of a province. Current to June 20, 2022 Canadian Judicial Council Inquiries and Investigations By-laws, 2015 Establishment and Powers of a Judicial Conduct Review Panel Sections 2-3 Serious matter (4) The Judicial Conduct Review Panel may decide that an Inquiry Committee is to be constituted only if it determines that the matter might be serious enough to warrant the removal of the judge. Matter sent back to Chairperson or Vice-Chairperson (5) If the Judicial Conduct Review Panel decides that no Inquiry Committee is to be constituted, it must send the matter back to the Chairperson or Vice-Chairperson of the Judicial Conduct Committee for them to make a decision on the most appropriate way to resolve it. Complainant informed (6) If the Judicial Conduct Review Panel decides that an Inquiry Committee is to be constituted, the Council’s Executive Director must inform the complainant, if any, by letter. Decision, reasons and statement of issues (7) The Judicial Conduct Review Panel must prepare written reasons and a statement of issues to be considered by the Inquiry Committee. The Council’s Executive Director must send a copy of the Judicial Conduct Review Panel’s decision, reasons and statement of issues to (a) the judge and their Chief Justice; (b) the Minister; and (c) the Inquiry Committee, once it is constituted. Notice inviting Minister to designate members (8) The Council’s Executive Director must also send a notice to the Minister inviting that Minister to designate members of the bar of a province to the Inquiry Committee in accordance with subsection 63(3) of the Act. Designating Members to Inquiry Committee Designation of members 3 (1) An Inquiry Committee constituted in accordance with subsection 63(3) of the Act is composed of an uneven number of members designated by the senior member, the majority of whom are from the Council. Additional members (2) If the Minister does not designate any members within 60 days after the day on which the notice is received under paragraph 2(8), the senior member may designate Current to June 20, 2022 Canadian Judicial Council Inquiries and Investigations By-laws, 2015 Designating Members to Inquiry Committee Sections 3-5 additional Council members to the Inquiry Committee to complete its composition. Senior member chooses chair (3) The senior member also designates one of the members of the Inquiry Committee to chair the Committee. Persons not eligible to be members (4) The following persons are not eligible to be members of the Inquiry Committee: (a) the Chairperson or Vice-Chairperson of the Judicial Conduct Committee who referred the matter to the Judicial Conduct Review Panel; (b) a member of the same court as that of the judge who is the subject of the inquiry or investigation; and (c) a member of the Judicial Conduct Review Panel who participated in the deliberations to decide whether an Inquiry Committee must be constituted. Legal Counsel and Advisors Persons to advise and assist 4 The Inquiry Committee may engage legal counsel and other persons to provide advice and to assist in the conduct of the inquiry. Inquiry Committee Proceedings Complaint or allegation 5 (1) The Inquiry Committee may consider any complaint or allegation pertaining to the judge that is brought to its attention. In so doing, it must take into account the Judicial Conduct Review Panel’s written reasons and statement of issues. Sufficient notice to respond (2) The Inquiry Committee must inform the judge of all complaints or allegations pertaining to the judge and must give them sufficient time to respond fully to them. Comments from judge (3) The Inquiry Committee may set a time limit to receive comments from the judge that is reasonable in the circumstances, it must notify the judge of that time limit, and, if any comments are received within that time limit, it must consider them. Current to June 20, 2022 Canadian Judicial Council Inquiries and Investigations By-laws, 2015 Inquiry Committee Proceedings Sections 6-9 Public or private hearing 6 (1) Subject to subsection 63(6) of the Act, hearings of the Inquiry Committee must be conducted in public unless, the Inquiry Committee determines that the public interest and the due administration of justice require that all or any part of a hearing be conducted in private. Prohibition of publication if not in public interest (2) The Inquiry Committee may prohibit the publication of any information or documents placed before it if it determines that publication is not in the public interest and may take any measures that it considers necessary to protect the identity of persons, including persons who have received assurances of confidentiality as part of the consideration of a complaint or allegation made in respect of the judge. Principle of fairness 7 The Inquiry Committee must conduct its inquiry or investigation in accordance with the principle of fairness. Inquiry Committee Report Report of findings and conclusions 8 (1) The Inquiry Committee must submit a report to the Council setting out its findings and its conclusions about whether to recommend the removal of the judge from office. Copy of report and notice to complainant (2) After the report has been submitted to the Council, its Executive Director must provide a copy to the judge and to any other persons or bodies who had standing in the hearing. He or she must also notify the complainant, if any, when the Inquiry Committee has made the report. Hearing conducted in public (3) If the hearing was conducted in public, the report must be made available to the public and a copy provided to the complainant, if any. Judge’s Response to Inquiry Committee Report Written submission by judge 9 (1) Within 30 days after the day on which the Inquiry Committee’s report is received, the judge may make a written submission to the Council regarding the report. Current to June 20, 2022 Canadian Judicial Council Inquiries and Investigations By-laws, 2015 Judge’s Response to Inquiry Committee Report Sections 9-11 Extension (2) On the judge’s request, the Council must grant an extension of time for making the submission if it considers that the extension is in the public interest. Deliberations of Council Concerning Removal of Judges from office Senior member chairs meetings 10 (1) The senior member who is available to participate in deliberations concerning the removal from office of a judge is to chair any meetings of Council related to those deliberations. Quorum (2) A quorum of 17 members of the Council is required when it meets to deliberate the removal from office of a judge. Quorum — death, incapacity, resignation or retirement (3) In the event of the death, incapacity, resignation or retirement of a member during the deliberations, the remaining members constitute a quorum. Vote in event of tie (4) During the deliberations of the Council concerning the removal from office of a judge, the member chairing the meeting may vote in respect of a report of the Council’s conclusions on the matter only in the event of a tie. Deliberations (5) Deliberations of the Council concerning the removal from office of a judge may also be held by audio-conference or by video conference. Consideration of Inquiry Committee Report by Council Consideration of report and written submissions 11 (1) The Council must consider the Inquiry Committee’s report and any written submission made by the judge. Who must not participate (2) Persons referred to in subsection 3(4) and members of the Inquiry Committee must not participate in the Current to June 20, 2022 Canadian Judicial Council Inquiries and Investigations By-laws, 2015 Consideration of Inquiry Committee Report by Council Sections 11-16 Council’s consideration of the report or in any other deliberations of the Council related to the matter. Clarification 12 If the Council is of the opinion that the Inquiry Committee’s report requires a clarification or that a supplementary inquiry or investigation is necessary, it may refer all or part of the matter back to the Inquiry Committee with directions. Council Report Report of conclusions to Minister 13 The Council’s Executive Director must provide the judge with a copy of the report of its conclusions that the Council presented to the Minister in accordance with section 65 of the Act. Transitional Provision 14 Despite these By-laws, the Canadian Judicial Council Inquiries and Investigations By-laws, as they read immediately before the day on which these By-laws come into force, continue to apply in respect of any inquiries or investigations being conducted by a Review Panel or an Inquiry Committee or the Council acting under section 11 or 12, that were commenced under those By-laws. Repeal 15 [Repeal] Coming into Force 16 These By-laws come into force on the day on which they are registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Misty Lake Lentic Threespine Stickleback (Gasterosteus aculeatus) Order SOR/2018-208 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Misty Lake Lentic Threespine Stickleback (Gasterosteus aculeatus) Order Application Coming into force Current to June 20, 2022 ii Registration SOR/2018-208 October 12, 2018 SPECIES AT RISK ACT Critical Habitat of the Misty Lake Lentic Threespine Stickleback (Gasterosteus aculeatus) Order Whereas the Misty Lake Lentic Threespine Stickleback (Gasterosteus aculeatus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Misty Lake Lentic Threespine Stickleback (Gasterosteus aculeatus) Order. Ottawa, October 11, 2018 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Misty Lake Lentic Threespine Stickleback (Gasterosteus aculeatus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Misty Lake Lentic Threespine Stickleback (Gasterosteus aculeatus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Northern Madtom (Noturus stigmosus) Order SOR/2016-81 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Northern Madtom (Noturus stigmosus) Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2016-81 May 2, 2016 SPECIES AT RISK ACT Critical Habitat of the Northern Madtom (Noturus stigmosus) Order Whereas the Northern Madtom (Noturus stigmosus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect a reserve or any other lands that are set apart for the use and benefit of a band and, pursuant to subsection 58(7) of that Act, has consulted with the Minister of Indian Affairs and Northern Development and the band with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Northern Madtom (Noturus stigmosus) Order. Ottawa, April 21, 2016 Hunter Minister of Fishe Le ministre des Pêc a S.C. 2002, c. 29 Current to June 20, 2022 Critical Habitat of the Northern Madtom (Noturus stigmosus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Northern Madtom (Noturus stigmosus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canada’s 2018 G7 Presidency Privileges and Immunities Order SOR/2018-47 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Canada’s 2018 G7 Presidency Privileges and Immunities Order Interpretation 1 Definitions Privileges and Immunities 2 Representatives of foreign states Coming into Force 3 Registration Current to June 20, 2022 ii Registration SOR/2018-47 March 26, 2018 FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT Canada’s 2018 G7 Immunities Order P.C. 2018-302 Presidency Privileges and March 23, 2018 Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 5(1)(c)a and (f) to (h)b of the Foreign Missions and International Organizations Actc, makes the annexed Canada’s 2018 G7 Presidency Privileges and Immunities Order. a S.C. 2002, c. 12, s. 3(2) b S.C. 2002, c. 12, s. 3(3) c S.C. 1991, c. 41 Current to June 20, 2022 Canada’s 2018 G7 Presidency Privileges and Immunities Order Interpretation Definitions 1 The following definitions apply in this Order. Act means the Foreign Missions and International Organizations Act. (Loi) Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Act. (Convention) G7 meetings means (a) the following ministerial meetings: (i) “Preparing for jobs of the future / Employment and Innovation Ministers”, to be held in Montreal, Quebec, on March 27 and 28, 2018, (ii) “Building a more peaceful and secure world / Foreign Affairs and Security Ministers”, to be held in Toronto, Ontario, from April 22 to 24, 2018, (iii) “Investing in growth that works for everyone / Finance and Development Ministers”, to be held in Whistler, British Columbia, from May 31 to June 2, 2018, (iv) “Working together on climate change, oceans and clean energy / Environment and Energy Ministers”, to be held in Halifax, Nova Scotia, and (v) all other ministerial meetings that are part of Canada’s official program of its G7 Presidency, to be held in Canada during the relevant period; and (b) the G7 Leaders’ Summit, to be held in La Malbaie, Quebec, on June 8 and 9, 2018. (rencontres du G7) relevant period means the period beginning on the day on which this Order comes into force and ending on December 31, 2018. (période visée) Current to June 20, 2022 Canada’s 2018 G7 Presidency Privileges and Immunities Order Privileges and Immunities Sections 2-3 Privileges and Immunities Representatives of foreign states 2 (1) During the relevant period, representatives of a foreign state that participates in the G7 meetings shall have, to the extent required for the exercise of their functions in relation to the G7 meetings, the privileges and immunities set out in sections 11, 12 and 14 to 16 of Article IV of the Convention. Heads and senior officials of international organizations (2) During the relevant period, heads of an international organization, as well as their alternates and other senior officials of an international organization, shall have, to the extent required for the exercise of their functions in relation to the G7 meetings, the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations set out in Schedule I to the Act. Other officials (3) During the relevant period, other officials of an international organization shall have, to the extent required for the exercise of their functions in relation to the G7 meetings, the privileges and immunities set out in section 18 of Article V of the Convention. Experts (4) During the relevant period, experts who perform missions for an international organization shall have, to the extent required for the exercise of their functions in relation to the G7 meetings, the privileges and immunities set out in Article VI of the Convention. Coming into Force Registration 3 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Canadian National Railway Company Wholly-Owned Subsidiaries Incorporation Authorization Order, 1990 SOR/90-375 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Authorizing the Canadian National Railway Company to Procure the Incorporation of WhollyOwned Subsidiaries 1 Short Title Authorized Transactions Current to June 20, 2022 ii Registration SOR/90-375 June 21, 1990 FINANCIAL ADMINISTRATION ACT Canadian National Railway Company Wholly-Owned Subsidiaries Incorporation Authorization Order, 1990 P.C. 1990-1187 June 21, 1990 Whereas the Governor in Council, pursuant to subsection 91(6) of the Financial Administration Act, is satisfied that the Canadian National Railway Company is empowered to undertake the transactions described in the annexed Order; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Treasury Board, pursuant to paragraphs 91(1)(a) of the Financial Administration Act, is pleased hereby to make the annexed Order authorizing the Canadian National Railway Company to procure the incorporation of wholly-owned subsidiaries. Current to June 20, 2022 Order Authorizing the Canadian National Railway Company to Procure the Incorporation of Wholly-Owned Subsidiaries Short Title 1 This Order may be cited as the Canadian National Railway Company Wholly-Owned Subsidiaries Incorporation Authorization Order, 1990. Authorized Transactions 2 The Canadian National Railway Company is hereby authorized to procure the incorporation of two whollyowned subsidiaries, 173335 CANADA INC and 173336 CANADA INC, under the Canada Business Corporations Act. 1994, c. 24, s. 34(F). 3 The transactions described in this Order shall be completed not later than December 31, 1990. Current to June 20, 2022
CONSOLIDATION Commonwealth of Learning, an Agency, Privileges and Immunities Order, 1988 SOR/88-575 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Respecting the Privileges and Immunities in Canada of the Commonwealth of Learning, an Agency 1 Short Title Interpretation Privileges and Immunities Granted to the Agency Privileges and Immunities Granted to Representatives Privileges and Immunities Granted to Officials Privileges and Immunities Granted to Experts Current to June 20, 2022 ii Registration SOR/88-575 November 1, 1988 FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT Commonwealth of Learning, an Agency, Privileges and Immunities Order, 1988 P.C. 1988-2473 October 31, 1988 Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 3* of the Privileges and Immunities (International Organizations) Act, is pleased hereby to make the annexed Order respecting the privileges and immunities in Canada of the Commonwealth of Learning, an Agency. * S.C. 1974-75-76, c. 69, s. 2 Current to June 20, 2022 Order Respecting the Privileges and Immunities in Canada of the Commonwealth of Learning, an Agency Short Title 1 This Order may be cited as the Commonwealth of Learning, an Agency, Privileges and Immunities Order, 1988. Interpretation 2 In this Order, Agency means (Agence) the Commonwealth of Learning; Agency Members means the states that are members of the Commonwealth; (membres de l’Agence) Agreement means the Agreement between the Agency and the Government of Canada with respect to the headquarters of the Agency; (Accord) Convention means the Convention on the Privileges and Immunities of the United Nations; (Convention) representatives means representatives of states and governments that are members of the Agency. (représentants) Privileges and Immunities Granted to the Agency 3 The Agency shall have the legal capacities of a body corporate. 4 Notwithstanding any other section of this Order, the Agency shall have in Canada the privileges and immunities set forth in Articles II and III of the Convention, to the extent that those privileges and immunities are contained in the Agreement. Current to June 20, 2022 Commonwealth of Learning, an Agency, Privileges and Immunities Order, 1988 Privileges and Immunities Granted to Representatives Sections 5-8 Privileges and Immunities Granted to Representatives 5 (1) Representatives shall have in Canada the privileges and immunities set forth in Article IV of the Convention. (2) The immunity from legal process in respect of words spoken or written and all other acts done by representatives in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer representatives, to the extent that this immunity is specified in paragraph III(1)(a) of the Agreement. (3) Where the incidence of any form of taxation depends upon residence, periods during which representatives are present in Canada for the discharge of their duties shall not be considered as periods of residence. Privileges and Immunities Granted to Officials 6 The President, the Vice-President and all Assistant Vice-Presidents of the Agency shall have in Canada the privileges and immunities set forth in Article V of the Convention to the extent that these are set forth in the Agreement, as applicable to senior officials of the Agency and, without restricting any other privileges or immunities accorded under this section, the President and VicePresident of the Agency shall be accorded in respect of themselves, their spouses and minor children the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law. 7 Officials of the Agency shall have in Canada the privileges and immunities set forth in Article V of the Convention to the extent that theses are set forth in the Agreement. Privileges and Immunities Granted to Experts 8 Experts performing missions for the Agency shall have in Canada, to such extent as may be required for the exercise of their functions in Canada in relation to the Agency, the privileges and immunities set forth in Article VI of the Convention. Current to June 20, 2022
CONSOLIDATION Companies’ Creditors Arrangement Regulations SOR/2009-219 Current to June 20, 2022 Last amended on September 18, 2009 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on September 18, 2009. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on September 18, 2009 TABLE OF PROVISIONS Companies’ Creditors Arrangement Regulations Interpretation Stock exchange Pension plan Representations Regulatory bodies Information to be published in newspapers Making initial order and list of creditors publicly available Notice that initial order is publicly available Paragraph 23(1)(f) of the Act Documents to be publicly available Public record Notice of delegation Notice to disclaim or resiliate Information to be published in newspapers *15 Coming into force SCHEDULE Current to June 20, 2022 Last amended on September 18, 2009 ii Registration SOR/2009-219 July 30, 2009 COMPANIES’ CREDITORS ARRANGEMENT ACT Companies’ Creditors Arrangement Regulations P.C. 2009-1209 July 30, 2009 Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 62a of the Companies’ Creditors Arrangement Actb, hereby makes the annexed Companies’ Creditors Arrangement Regulations. a S.C. 2007, c. 36, s. 82 b R.S., c. C-36 Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations Interpretation 1 The following definitions apply in these Regulations. Act means the Companies’ Creditors Arrangement Act. (Loi) initial order means an order that is made on the initial application in respect of a debtor company. (ordonnance initiale) Stock exchange 2 A stock exchange that is regulated by an Act of Parliament or of the legislature of a province is prescribed for the purposes of the definition income trust in subsection 2(1) of the Act. Pension plan 3 A pension plan that is regulated by an Act of Parliament or of the legislature of a province is prescribed for the purposes of subsection 6(6) of the Act. Representations 4 The representations set out in the table to this section are prescribed for the purposes of paragraph 10(2)(b) of the Act. TABLE Item Representation The hypothetical assumptions are reasonable and consistent with the purpose of the projections described in Note ...., and the probable assumptions are suitably supported and consistent with the plans of the debtor company and provide a reasonable basis for the projections. All such assumptions are disclosed in Notes .... Since the projections are based on assumptions regarding future events, actual results will vary from the information presented, and the variations may be material. The projections have been prepared solely for the purpose described in Note ...., using the probable and hypothetical assumptions set out in Notes .... Consequently, readers are cautioned that it may not be appropriate for other purposes. Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations Sections 5-9 Regulatory bodies 5 A stock exchange that is regulated by an Act of Parliament or of the legislature of a province, the Investment Industry Regulatory Organization of Canada and the Mutual Fund Dealers Association of Canada are prescribed for the purposes of subsection 11.1(1) of the Act. Information to be published in newspapers 6 The following information is prescribed for the purposes of subparagraph 23(1)(a)(i) of the Act: (a) the name of each applicant and the name under which the applicant carries on business, if any; (b) the name and judicial district of the court that made the initial order; (c) the court file number for the proceedings; (d) the date on which the initial order was made; and (e) the name and contact information of the monitor, including its Web site address. Making initial order and list of creditors publicly available 7 For the purposes of clauses 23(1)(a)(ii)(A) and (C) of the Act, the prescribed manner for making the initial order and list publicly available is by posting them on a Web page created by the monitor for the proceedings. Notice that initial order is publicly available 8 For the purposes of clause 23(1)(a)(ii)(B) of the Act, the prescribed manner of sending the notice is by personal service, mail, courier, facsimile or other electronic transmission. Paragraph 23(1)(f) of the Act 9 The following paragraphs set out the documents that are specified for the purposes of paragraph 23(1)(f) of the Act and the prescribed manner and time for filing them: (a) Form 1 of the schedule, entitled “Information Pertaining to Initial Order”, to be filed by facsimile or other electronic transmission within one business day after the day on which the initial order is made; (b) the initial application, the initial order and any amendments to that order, to be filed by facsimile or other electronic transmission within two business days after the day on which the monitor receives them; Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations Sections 9-10 (c) Form 2 of the schedule, entitled “Debtor Company Information Summary (Commencement of Proceedings)”, to be filed by facsimile or other electronic transmission within five business days after the day on which the monitor receives the initial order; (d) Form 3 of the schedule, entitled “Debtor Company Information Summary (Following the Order Discharging the Monitor)”, to be filed by facsimile or other electronic transmission within five business days after the day on which the court makes an order discharging the monitor; and (e) the documents posted on the Web page created by the monitor under section 7, to be filed by submitting them on a compact disc, digital versatile disc or other data storage medium within 30 days after the day on which the court makes an order discharging the monitor. Documents to be publicly available 10 (1) The following documents are prescribed for the purposes of paragraph 23(1)(j) of the Act: (a) reports of the monitor, including exhibits, and cash-flow statements that are filed with the court, other than those – or any part of them – that are subject to a court order prohibiting their release to the public; (b) proposed compromises or arrangements that are filed with the court, including amendments to them; (c) court orders; and (d) written communications and notifications that the monitor sends to all creditors. Posting on Web page (2) The prescribed manner for making the documents publicly available is by posting them on the Web page created by the monitor under section 7. Time limit for posting (3) The prescribed time for posting the documents is, in respect of the documents referred to in paragraphs (1)(a) and (b), within two business days after the day on which they are filed, in respect of the documents referred to in paragraph (1)(c), within two business days after the day on which the monitor receives them and, in respect of the documents referred to in paragraph (1)(d), within two business days after the day on which they are sent. Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations Sections 11-14 Public record 11 (1) For the purposes of subsection 26(1) of the Act, the prescribed information is the information set out on Form 1 of the schedule, and the prescribed period is 10 years after the day on which the information is received by the Superintendent of Bankruptcy. Other records (2) For the purposes of subsection 26(2) of the Act, the prescribed period is 10 years after the day on which the record is received by the Superintendent of Bankruptcy. Notice of delegation 12 For the purposes of subsection 31(2) of the Act, the prescribed manner of giving notice of the delegation is by personal service, mail, courier, facsimile or other electronic transmission. Notice to disclaim or resiliate 13 For the purposes of subsection 32(1) of the Act, Form 4 of the schedule, entitled “Notice by Debtor Company to Disclaim or Resiliate an Agreement”, is prescribed and the prescribed manner of giving notice is by personal service, registered mail or courier or, if the recipient agrees, by facsimile or other electronic transmission. Information to be published in newspapers 14 For the purposes of paragraph 53(b) of the Act, the prescribed information is the following: (a) the name and contact information of the foreign representative; (b) the name of the debtor company and the name under which it carries on business in Canada; (c) the following information respecting the order, namely, (i) the name of the court that made it, (ii) the legislative provision under which it was made, and (iii) the date on which it was made; (d) the country in which the foreign proceeding is filed; (e) whether the proceeding is a foreign main or foreign non-main proceeding; and (f) the name and contact information of legal counsel for the foreign representative. Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations Section 15 Coming into force 15 These Regulations come into force on the day on which section 124 of An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act and to make consequential amendments to other Acts, chapter 47 of the Statutes of Canada, 2005, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force September 18, 2009, see SI/ 2009-68.] * Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations SCHEDULE SCHEDULE (Section 9, subsection 11(1) and section 13) FORM 1 Information Pertaining to Initial O (To be filed with the Superintendent of Bankruptcy under p Act) The following information pertains to the order made on the (name of debtor company): 1 Name of court, judicial district and court file numbe Date on which order is made: Debtor company’s head office address, telephone n Names under which debtor company carries on bu Name and Web site address of monitor: Name, address, telephone number and e-mail addr ings: Web page address created for the proceedings, if a Dated at Current to June 20, 2022 Last amended on September 18, 2009 , , on Companies’ Creditors Arrangement Regulations SCHEDULE FORM 2 Debtor Company Information Proceedings) (To be filed with the Superintendent of Bankruptcy under p Act) PART 1 Information Respecting Debtor Com 1 Name, including names under which the debtor com Debtor company’s head office address, telephone n The debtor company is □ a not-for-profit body corporate, □ an income trust, or □ other (Specify: ) Industry type code using the North American Indus Names and titles of directors and officers: Any other names used by the debtor company dur the initial application, including names under which Previous proceedings: • under the Bankruptcy and Insolvency Act: □ yes If yes, estate number: • under the Companies’ Creditors Arrangement Ac If yes, name of court, judicial district and court fi Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations SCHEDULE • foreign proceedings: □ yes □ no If yes, country, name of court, judicial district an Are debtor company’s shares or units publicly trade If yes, index symbol: Incorporation number, if applicable: □ Federal □ Provincial (Specify: ) □ Other ) (Specify: Are there companies that are affiliated with or subs □ yes □ no If yes, names of affiliated and subsidiary companie Date of the most recent consolidated financial state / / (YYYY/MM/DD) The statements referred to in item 11 are: □ audited (Name of auditor: □ unaudited Book values for the debtor company set out in the s • Book value of total assets: $ • Book value of total liabilities: $ • secure • unsec • trust c • Book value of total liabilities that are contingent: 14 Does the debtor company participate in any pre □ yes □ no If yes, give name of each plan and indicate whether Name, address, telephone number and e-mail addr Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations SCHEDULE PART 2 Information Respecting Debtor Com 16 Monitor’s toll-free number for the proceedings, if a Monitor’s Web page created for the proceedings, if 17 Name, address, telephone number and e-mail addr PART 3 To Be Completed if There Is a Fore 18 Name of foreign representative: Country, name of court, judicial district and court fi Indicate whether the proceeding is □ a foreign main proceeding, or □ a foreign non-main proceeding. Date of first order in foreign proceeding: Dated at Current to June 20, 2022 Last amended on September 18, 2009 , / , on Companies’ Creditors Arrangement Regulations SCHEDULE FORM 3 Debtor Company Information S Discharging the Monitor) (To be filed with the Superintendent of Bankruptcy under p Act) PART 1 Information Respecting Debtor Com 1 Name of debtor company: File number assigned by the Superintendent of Ban Date of the most recent consolidated financial state / / (YYYY/MM/DD) The statements referred to in item 3 are: □ audited (Name of auditor: □ unaudited Book values for the debtor company set out in the s • Book value of total assets: $ • Book value of total liabilities: $ • secure • unsec • trust c • Book value of total liabilities that are contingent: 6 Does the debtor company participate in any pr □ yes □ no If yes, give name of each plan and indicate whether PART 2 Information Respecting Proceeding 7 Was interim financing granted by court order unde If yes, • amount of interim financing granted by court • amount drawn: $ Was a compromise or arrangement sanctioned by t If yes, • Date on which the compromise or arrangem (YYYY/MM/DD) Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations SCHEDULE • Was the compromise or arrangement approv □ yes □ no • Was the compromise or arrangement comple Name of debtor company at time of monitor’s disch PART 3 To Be Completed if There Is a Fore 10 Name of foreign representative: Country, name of court, judicial district and court fi Indicate if the proceeding is a □ a foreign main proceeding, or □ a foreign non-main proceeding. Date of first order in foreign proceeding: Dated at Current to June 20, 2022 Last amended on September 18, 2009 , / , on Companies’ Creditors Arrangement Regulations SCHEDULE FORM 4 Notice by Debtor Company To ment , (monitor and parties to To Take notice that 1 Proceedings under the Companies’ Creditors Arrangement company) were commenced on the day of , 20 2 In accordance with subsection 32(1) of the Act, the debtor siliate the following agreement (provide sufficient details of t 3 In accordance with subsection 32(2) of the Act, any party t this notice is given and with notice to the other parties to th that the agreement is not to be disclaimed or resiliated. 4 In accordance with paragraph 32(5)(a) of the Act, if no app 32(2) of the Act, the agreement is disclaimed or resiliated on day on which this notice has been given. Dated at , , on The monitor approves the proposed disclaimer or resiliation. Dated at Current to June 20, 2022 Last amended on September 18, 2009 , , on Companies’ Creditors Arrangement Regulations SCHEDULE (French) ANNEXE (article 9, paragraphe 11(1) et article 13) FORMULAIRE 1 Renseignements concernant l’or (À déposer auprès du surintendant des faillites en conformité créanciers des compagnies) Les renseignements ci-après concernent l’ordonnance rendu (nom de la compagnie débitrice) : 1 Nom du tribunal, district judiciaire et numéro de do Date du prononcé de l’ordonnance : Numéro de téléphone de la compagnie débitrice, a a lieu : Noms de la compagnie débitrice, si elle fait affaires Nom du contrôleur et adresse de son site Web : Nom, adresse, numéro de téléphone et adresse de sable de la procédure : Adresse de la page Web créée pour la procédure, s Fait à ( Current to June 20, 2022 Last amended on September 18, 2009 ), le Companies’ Creditors Arrangement Regulations SCHEDULE (French) FORMULAIRE 2 Fiche de renseignements conc (début de la procédure) (À déposer auprès du surintendant des faillites en conformité créanciers des compagnies) PARTIE 1 Renseignements concernant la com 1 Nom, y compris les noms sous lesquels elle fait aff Numéro de téléphone de la compagnie débitrice, a a lieu : La compagnie débitrice est : □ une personne morale sans but lucratif □ une fiducie de revenu □ autre (Préciser : ) Code type d’industrie selon le Système de classifica Noms et titres des administrateurs et dirigeants : Autres noms utilisés par la compagnie débitrice pe cé de l’ordonnance à l’égard de la demande initiale Procédures antérieures : • En vertu de la Loi sur la faillite et l’insolvabilité : Dans l’affirmative, numéro de l’actif : • En vertu de la Loi sur les arrangements avec les Dans l’affirmative, nom du tribunal, district judic Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations SCHEDULE (French) • Instance étrangère : □ Oui □ Non Dans l’affirmative, pays, nom du tribunal, distric Les actions et parts de la compagnie débitrice sont□ Oui □ Non Dans l’affirmative : Symbole d’indice : Numéro de constitution, s’il y a lieu : □ Fédéral □ Provincial (Préciser : □ autre (Préciser : ) ) Y a-t-il des compagnies qui appartiennent au mêm de celle-ci? □ Oui □ Non Dans l’affirmative, noms des compagnies du même Date des derniers états financiers consolidés de la c Les états financiers visés à l’article 11 sont : □ vérifiés (Nom du vérificateur : □ non vérifiés Valeurs comptables de la compagnie débitrice selo • Valeur comptable totale de l’actif : • Valeur comptable totale du passif : • Créances • Créances • Créances • Valeur comptable totale des créances qui sont d 14 La compagnie débitrice participe-t-elle à des r □ Oui □ Non Dans l’affirmative, préciser le nom de chaque régi nées ou à cotisations déterminées : Nom, adresse, numéro de téléphone et adresse de gnie débitrice : Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations SCHEDULE (French) PARTIE 2 Renseignements concernant le con 16 Numéro de téléphone sans frais du contrôleur pour Page Web créée pour la procédure, s’il y a lieu : Nom, adresse, numéro de téléphone et adresse de PARTIE 3 À remplir s’il y a une instance étran 18 Nom du représentant étranger : Pays, nom du tribunal, district judiciaire et numéro Il s’agit : □ d’une instance principale □ d’une instance secondaire Date de la première ordonnance dans le cadre de l’ Fait à ( Current to June 20, 2022 Last amended on September 18, 2009 ), le Companies’ Creditors Arrangement Regulations SCHEDULE (French) FORMULAIRE 3 Fiche de renseignements conce la suite de l’ordonnance de libéra (À déposer auprès du surintendant des faillites en conformité créanciers des compagnies) PARTIE 1 Renseignements concernant la com 1 Nom de la compagnie débitrice : Numéro de dossier attribué par le surintendant des Date des derniers états financiers consolidés (AAAA/MM/JJ) Les états financiers visés à l’article 3 sont : □ vérifiés (Nom du vérificateur : □ non vérifiés Valeurs comptables de la compagnie débitrice selo • Valeur comptable totale de l’actif : • Valeur comptable totale du passif : • Créan • Créan • Créan • Valeur comptable totale des créances qui sont d 6 La compagnie débitrice participe-t-elle à des r □ Oui □ Non Dans l’affirmative, préciser le nom de chaque régi nées ou à cotisations déterminées : PARTIE 2 Renseignements concernant la pro 7 Le tribunal a-t-il, en vertu de l’article 11.2 de la Loi, □ Non Dans l’affirmative : • Montant du financement temporaire consenti • Montant utilisé : Le tribunal a-t-il homologué une transaction ou un Dans l’affirmative : Current to June 20, 2022 Last amended on September 18, 2009 Companies’ Creditors Arrangement Regulations SCHEDULE (French) • Date d’homologation de la transaction ou de • Les créanciers ont-ils accepté la transaction o □ Oui □ Non • La transaction ou l’arrangement a-t-il été réali Nom de la compagnie débitrice au moment de la lib PARTIE 3 À remplir s’il y a une instance étran 10 Nom du représentant étranger : Pays, nom du tribunal, district judiciaire et numéro Il s’agit : □ d’une instance principale □ d’une instance secondaire Date de la première ordonnance dans le ca (AAAA/MM/JJ) Fait à ( Current to June 20, 2022 Last amended on September 18, 2009 ), le Companies’ Creditors Arrangement Regulations SCHEDULE (French) FORMULAIRE 4 Préavis de résiliation de contrat p (contrôleur À l’attention de Sachez que : 1 Une procédure visant (nom de la c sur les arrangements avec les créanciers des compagnies (la 2 En vertu du paragraphe 32(1) de la Loi, la compagnie dé suivant (donner suffisamment de détails concernant le contra 3 En vertu du paragraphe 32(2) de la Loi, toute partie au c contrôleur, dans les quinze jours suivant la date du présent a pas résilié. 4 En vertu de l’alinéa 32(5)a) de la Loi, si aucune demande contrat est résilié le 20 , soit trente jours a Fait à ( ), le Le contrôleur acquiesce au projet de résiliation. Fait à ( Current to June 20, 2022 Last amended on September 18, 2009 ), le
CONSOLIDATION Calgary International Airport Zoning Regulations C.R.C., c. 77 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Zoning at Calgary International Airport 1 Short Title Interpretation Application General Natural Growth SCHEDULE Current to June 20, 2022 ii CHAPTER 77 AERONAUTICS ACT Calgary International Airport Zoning Regulations Regulations Respecting Zoning at Calgary International Airport Short Title 1 These Regulations may be cited as the Calgary International Airport Zoning Regulations. Interpretation 2 In these Regulations, airport means Calgary International Airport near and in Calgary, in the Province of Alberta; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane extending upward and outward from each end of a strip along and at right angles to the projected centre line thereof, which approach surface is more particularly described in Part III of the schedule; (surface d’approche) Minister means the Minister of Transport; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part IV of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport including the runway prepared for the takeoff and landing of aircraft in a particular direction, which strip is more particularly described in Part V of the schedule; (bande) transitional surface means an imaginary inclined plane extending upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part VI of the schedule. (surface de transition) Current to June 20, 2022 Calgary International Airport Zoning Regulations Interpretation Sections 3-7 3 For the purposes of these Regulations, the airport reference point is deemed to be 3,531 feet above sea level. Application 4 These Regulations apply to all the lands and lands under water, including public road allowances, adjacent to or in the vicinity of the airport, that consist of (a) the lands the outer limits of which are described in Part II of the schedule, other than such lands as from time to time form part of the airport; and (b) the lands directly beneath the approach surfaces, other than such lands as from time to time form part of the airport. General 5 No person shall erect or construct, on any land or any land under water to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that highest point any of the surfaces hereinafter set out that project immediately over and above the surface of the land at that location, namely, (a) the approach surfaces; (b) the outer surface; or (c) the transitional surfaces. Natural Growth 6 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in section 5, the Minister may make a direction that the owner or occupier of the land on which that object is growing remove the excessive growth. SOR/81-168, s. 1. 7 [Revoked, SOR/81-168, s. 1] Current to June 20, 2022 Calgary International Airport Zoning Regulations SCHEDULE SCHEDULE (Sections 2 and 4) PART I Airport Reference Point Being a point located at the Southwest corner of the Southwest Quarter of Section Twelve (12), Township Twenty-five (25), Range One (1), West of the Fifth (5th) Meridian in the Province of Alberta. PART II Description of the Outer Limits of Lands COMMENCING at the Northeast corner of the Southeast Quarter Section Fifteen (15), Township Twenty-five (25), Range Twenty-nine (29), West of the Fourth (4th) Meridian; THENCE, southerly along the easterly boundaries of said Quarter Section Fifteen (15), and Sections Ten (10) and Three (3), and across intervening road allowances, and continuing southerly along the easterly boundary of Section Thirty-four (34), in Township Twenty-four (24), Range Twenty-nine (29), West of the Fourth (4th) Meridian, to the Northeast corner of Plan 455 J.K.; THENCE, westerly along the northerly limit of said Plan 455 J.K. to the Northwest corner thereof; THENCE, southerly along the westerly limit of the said Plan 455 J.K. to the Southwest corner thereof; THENCE, easterly along the northerly limit of Forty-fourth (44th) Avenue Northeast as shown on Plan 7610067 to the easterly boundary of the said Section Thirty-four (34); THENCE, southerly along the said easterly boundary of Section Thirty-four (34), to the Southeast corner of the Northeast Quarter of the said Section Thirty-four (34); THENCE, westerly along the southerly boundary of the said Northeast Quarter Section Thirty-four (34), to the Southwest corner thereof; THENCE, southerly along the easterly boundary of the Southwest Quarter of the said Section Thirty-four (34), and continuing southerly along the easterly boundary of the Northwest Quarter Section Twenty-seven (27), to the northern limit of Rundleville Drive as shown on Plan 7610016; THENCE, westerly along the northerly limit of the said Rundleville Drive, to the Southeast corner of Lot One (1) Block Twelve (12), Plan 7610016; THENCE, northerly along the eastern limit of said Lot One (1), Block Twelve (12), Plan 7610016, to the Northeast corner thereof; THENCE, westerly along the northern limits of Lots One (1) to Ten (10) inclusive to the Northeast corner of Lot Eleven (11), all in Block Twelve (12), Plan 7610016; THENCE, southwesterly along the northwesterly limit of said Lot Eleven (11), to the Northeast corner of Lot R-50 as shown on said Plan 7610016; THENCE, westerly along the northern limit of Lot R-50, to the northwest corner thereof; THENCE, southerly along the western limit of the said Lot R-50, all in Block Twelve (12), Plan 7610016, to the point of intersection with the South boundary of the said Northwest Quarter Section Twenty-seven (27), Township Twenty-four (24), Range Twenty-nine (29), West of the Fourth (4th) Meridian; THENCE, westerly along the southerly boundary of the said Northwest Quarter Section Current to June 20, 2022 Calgary International Airport Zoning Regulations SCHEDULE Twenty-seven (27), and its extension westerly across Thirtysix (36) Street Northeast; THENCE, westerly along the southern limit of Block B, Plan 4880 A.F. to the Northeast corner of Block B, Plan 4023 A.G.; THENCE, westerly along the northern limit of the said Block B, Plan 4023 A.G., to the point of intersection with the easterly limit of Twenty-fifth (25th) Street Northeast; THENCE, southerly along the said easterly limit of Twenty-fifth (25th) Street Northeast to the point of intersection with the easterly production of the northern limit of Block Thirty-two (32), Plan 4023 A.G.; THENCE, westerly along the said northern limit of Block Thirty-two (32) and its production easterly to the Northwest corner thereof; all in Section Twenty-eight (28), Township Twenty-four (24), Range Twenty-nine (29), West of the Fourth (4th) Meridian; THENCE, on the production westerly of the said northern limit of Block Thirty-two (32), across the Barlow Trail to the Northeast corner of Block Thirty-two (32), Plan 3013 A.C. in the Southeast Quarter Section Twenty-five (25), Township Twenty-four (24), Range One (1), West of the Fifth (5th) Meridian; THENCE, southerly along the eastern limit of Blocks Thirty-two (32) and Thirty-one (31), said Plan 3013 A.C., and of Blocks Twenty-two (22) and Twentyone (21), Plan 5886 X. and their projections across intervening roadways to the Southeast corner of the said Block Twenty-one (21); THENCE, generally westerly following the westerly and northerly boundaries of Highways Number One (1) and Number Two (2), as same shown on road Plans 44 H.X., 8208 G.X., and 731424, to the point of intersection with the northeasterly limit of Block T. Plan 1442 J.K. in the Southeast Quarter Section Twenty-six (26), Township Twenty-four (24), Range One (1), West of the Fifth (5th) Meridian; THENCE, northwesterly along the said northeasterly limit of the said Block T, to the northeasterly corner thereof; THENCE, westerly along the northern limits of the said Block T, and Block S, of the said Plan 1442 J.K. to the Southeast corner of Block One (1), Plan 2113 J.K.; THENCE, northerly along the easterly limit of Block One (1), said Plan 2113 J.K., to the Northeast corner thereof; THENCE, westerly along the northerly limit of the said Block One (1), to the point of intersection with the easterly limit of Seventh (7th) Street Northeast; THENCE, northerly along the said easterly limit of Seventh (7th) Street Northeast to the northern limit of Twenty-fourth (24th) Avenue Northeast; THENCE, westerly along the northerly limits of Twentyfourth (24th) Avenue Northeast and Twenty-fourth (24th) Avenue Northwest and their productions across roadways to the westerly limit of Fourth (4th) Street Northwest; THENCE, northerly along the said westerly limit of Fourth (4th) Street Northwest and its production across roadways to the southerly limit of Fortieth (40th) Avenue Northwest; THENCE, northwesterly along the said southerly limit of Fortieth (40th) Avenue Northwest to the point of intersection with the southerly production of the easterly limit of the Hudson Road; THENCE, northerly along the said easterly limit of Hudson Road and its productions to the northerly limit of Forty-fourth (44th) Avenue Northwest; THENCE, westerly along the said northerly limit of Forty-fourth (44th) Avenue Northwest and its production across roadways to the westerly limit of Northmount Drive; THENCE, northerly along the said westerly limit of Northmount Drive and its productions across roadways to the northerly limit of Trafford Drive Northwest; THENCE, northwesterly along the northerly limit of Trafford Drive Northwest to the southeasterly limit of Block R-22 Plan 7510527 in the Southeast Quarter Section Current to June 20, 2022 Calgary International Airport Zoning Regulations SCHEDULE Four (4), Township Twenty-five (25), Range One (1), West of the Fifth (5th) Meridian; THENCE, northeasterly along the said southeasterly limit of the said Block R-22 to the most easterly corner thereof; THENCE, northwesterly along the northeasterly limit of the said Block R-22, to the southeasterly limit of Thames Close; THENCE, northeasterly along the southeasterly limit of Thames Close, to the northeasterly limit thereof; THENCE, northwesterly along the northeasterly limit of Thames Close to the southeasterly limit of Norfork Drive Northwest; THENCE, northeasterly following the southeasterly and easterly limits of Norfork Drive Northwest and Hunterview Drive, and their productions across intervening roadways to intersect the south boundary of Southwest Quarter Section Sixteen (16); THENCE, easterly along the South boundary of the said Southwest Quarter Section Sixteen (16) to the Southeast corner thereof; THENCE, northerly along the easterly boundaries of the West half of the said Section Sixteen (16), and Southwest Quarter Section Twenty-one (21), to the Northeast corner thereof; THENCE, easterly along the northerly boundaries of the Southeast Quarter Section Twenty-one (21), and the South half of Section Twenty-two (22), and their productions across intervening road allowances, to the Southwest corner of the Northwest Quarter Section Twenty-three (23); THENCE, northerly along the westerly boundaries of the said Northwest Quarter Section Twenty-three (23), to the Northwest corner thereof; THENCE, easterly along the northerly boundary of the said Northwest Quarter Section Twenty-three (23), to the northeast corner thereof; THENCE, northerly along the westerly boundary of the Southeast Quarter Section Twenty-six (26), and its production across road Plan 7598 J.K. to the Northwest corner of said Southeast Quarter Section Twenty-six (26); THENCE, easterly along the northerly boundary of the said Southeast Quarter Section Twenty-six (26), and its production across road allowance, to the Southwest corner of the Northwest Quarter Section Twenty-five (25); THENCE, northerly along the western boundary of the said Northwest Quarter Section Twentyfive (25), to the commencement of the easterly limit of road Plan 8078 J.K.; THENCE, northerly and easterly following the easterly and southerly limits of said road Plan 8078 J.K. to its intersection with the North boundary of the said Section Twenty-five (25); THENCE, easterly along the northern boundaries of the said Northeast Quarter Section Twenty-five (25), the northern halves of Sections Twenty-eight (28), and Twenty-seven (27), in Township Twenty-five (25), Range Twenty-nine (29), West of the Fourth (4th) Meridian, and their productions across road Plan 7598 J.K. and intervening road allowances, to the Northeast corner of the said Section Twenty-seven (27); THENCE, southerly along the eastern boundaries of the East halves of Sections Twenty-seven (27), Twenty-two (22), and the Northeast Quarter Section Fifteen (15), and their productions across intervening road allowances, to the Northeast corner of the Southeast Quarter Section Fifteen (15), being the point of commencement. Current to June 20, 2022 Calgary International Airport Zoning Regulations SCHEDULE PART III Description of Each Approach Surface Being a surface abutting each end of the strips associated with the runways designated 34L-16R, 34R-16L, 25-07 and 28-10 and more particularly described as follows: (a) a surface abutting the end of the strip associated with runway approach 34L, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, one thousand (1,000) feet measured vertically above the elevation at the end of the strip and fifty thousand (50,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being seven thousand and six hundred (7,600) feet from the projected centre line, (b) a surface abutting the end of the strip associated with runway approach 34R, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, one thousand (1,000) feet measured vertically above the elevation at the end of the strip, and fifty thousand (50,000) feet measured horizontally from the end of the strip the outer ends of the imaginary horizontal line being eight thousand (8,000) feet from the projected centre line, (c) a surface abutting the end of the strip associated with runway approach 25, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, two hundred (200) feet measured vertically above the elevation at the end of the strip and ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand (2,000) feet from the projected centre line, (d) a surface abutting the end of the strip associated with runway approach 28, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, two hundred (200) feet measured vertically above the elevation at the end of the strip and ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand (2,000) feet from the projected centre line, (e) a surface abutting the end of the strip associated with runway approach 16L, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, one thousand (1,000) feet measured vertically above the elevation at the end of the strip and fifty thousand (50,000) feet measured horizontally from the end Current to June 20, 2022 Calgary International Airport Zoning Regulations SCHEDULE of the strip, the outer ends of the imaginary horizontal line being eight thousand (8,000) feet from the projected centre line, (f) a surface abutting the end of the strip associated with runway approach 16R, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, one thousand (1,000) feet measured vertically above the elevation at the end of the strip and fifty thousand (50,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being seven thousand and six hundred (7,600) feet from the projected centre line, (g) a surface abutting the end of the strip associated with runway approach 10, consisting of an inclined plane having a ratio of one (1) foot measured vertically to fifty (50) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, two hundred (200) feet measured vertically above the elevation at the end of the strip and ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand (2,000) feet from the projected centre line, and (h) a surface abutting the end of the strip associated with runway approach 07, consisting of an inclined plane having a ratio of one (1) foot measured vertically to thirty (30) feet measured horizontally, rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip, three hundred and thirty-three and thirtythree hundredths (333.33) feet measured vertically above the elevation at the end of the strip and ten thousand (10,000) feet measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand (2,000) feet from the projected centre line, which approach surfaces are shown on Department of Transport Calgary Zoning Plan dated April 26, 1977. PART IV Description of the Outer Surface Being an imaginary surface consisting of Current to June 20, 2022 Calgary International Airport Zoning Regulations SCHEDULE (a) a common plane established at a constant elevation of one hundred and fifty (150) feet above the assigned elevation of the airport reference point, and (b) where the common plane described in paragraph (a) is less than thirty (30) feet above the surface of the ground, an imaginary surface located thirty (30) feet above the surface of the ground, which outer surface is shown on Department of Transport Calgary Zoning Plan dated April 26, 1977. PART V Description of Each Strip Each strip is described as follows: (a) the strip associated with the runway designated 34L-16R is one thousand two hundred (1,200) feet in width, six hundred (600) feet being on each side of the centre line of the runway, and thirteen thousand one hundred and forty (13,140) feet in length, (b) the strip associated with the runway designated 34R-16L is one thousand (1,000) feet in width, five hundred (500) feet being on each side of the centre line of the runway, and fourteen thousand four hundred (14,400) feet in length, (c) the strip associated with the runway designated 28-10 is one thousand and two hundred (1,200) feet in width, six hundred (600) feet being on each side of the centre line of the runway, and nine thousand five hundred (9,500) feet in length, and (d) the strip associated with the runway designated 25-07 is one thousand two hundred (1,200) feet in width, six hundred (600) feet being on each side of the centre line of the runway, and six thousand seven hundred (6,700) feet in length, which strips are shown on Department of Transport Calgary Zoning Plan dated April 26, 1977. PART VI Description of Each Transitional Surface Being a surface consisting of an inclined plane having a ratio of one (1) foot measured vertically to seven (7) feet measured horizontally at right angles to the centre line and centre line produced of each strip extending upward and outward from the lateral limits of each strip and its approach surfaces to an intersection with the outer surface, and approach surface or another transitional surface of an adjoining strip, which surfaces are shown on Department of Transport Calgary Zoning Plan dated April 26, 1977. SOR/85-233, s. 1; SOR/87-146, s. 1. Current to June 20, 2022
Hyperlinks to provincial and territorial courts' websites Rules of provincial and territorial courts made under sections 482, 482.1 and 745.64 of the Criminal Code These rules of court are current to September 18, 2019. As of September 19, 2019, the Department of Justice Canada no longer publishes on its Justice Laws Website the rules made, by provincial and territorial courts, under sections 482 and 482.1 of the Criminal Code. In addition, the Statutory Instruments Act no longer applies to rules established for the purposes of sections 745.6 and 745.63 of the Criminal Code. For more information, please consult hyperlinks to legal information websites. https://laws-lois.justice.gc.ca/eng/Court/index.html If you wish to consult previous versions of the rules published on the Justice Laws Website, please see Previous Versions.
CONSOLIDATION Certain Foreign Extraterritorial Measures (United States) Order, 2014 SOR/2015-12 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Certain Foreign Extraterritorial Measures (United States) Order, 2014 1 “Buy America” provisions Clarification Application before publication Coming into force Current to June 20, 2022 ii Registration SOR/2015-12 January 20, 2015 FOREIGN EXTRATERRITORIAL MEASURES ACT Certain Foreign Extraterritorial Measures (United States) Order, 2014 Whereas the United States has adopted section 313 of title 23 of the United States Code and section 410 of part 635 of title 23 of the United States Code of Federal Regulations; And whereas, in the opinion of the Attorney General of Canada, those provisions contain measures that are likely to adversely affect significant Canadian interests in relation to international trade or commerce involving business carried on in whole or in part in Canada; Therefore, the Attorney General of Canada, with the concurrence of the Minister of Foreign Affairs, pursuant to paragraph 5(1)(b)a of the Foreign Extraterritorial Measures Actb, makes the annexed Certain Foreign Extraterritorial Measures (United States) Order, 2014. Ottawa, January 19, 2015 PETER MACKAY Attorney General of Canada Concurred JOHN BAIRD Minister of Foreign Affairs a S.C. 1997, c. 18, s. 127 b R.S., c. F-29 Current to June 20, 2022 Certain Foreign Extraterritorial Measures (United States) Order, 2014 “Buy America” provisions 1 It is prohibited for any person in Canada, in respect of alterations or improvements to be made to premises leased by the State of Alaska from the Prince Rupert Port Authority, to comply with section 313 of title 23 of the United States Code or section 410 of part 635 of title 23 of the United States Code of Federal Regulations, or with any directive, instruction, intimation of policy or other communication supporting their application from a person who is in a position to direct or influence the policies of the person in Canada, including those contained in any tender documents issued in respect of those alterations or improvements. Clarification 2 A person who complies with a provision, directive, instruction, intimation of policy or other communication referred to in section 1 before the day on which this Order comes into force contravenes this Order only if they take some further action on or after the day on which this Order comes into force that constitutes compliance with such a provision, directive, instruction, intimation of policy or communication. Application before publication 3 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, this Order applies before it is published in the Canada Gazette. Coming into force 4 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Corporate Interrelationships (Banks and Bank Holding Companies) Regulations SOR/2008-57 Current to June 20, 2022 Last amended on March 25, 2010 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 25, 2010. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 25, 2010 TABLE OF PROVISIONS Corporate Interrelationships (Banks and Bank Holding Companies) Regulations 1 Interpretation Corporate Interrelationships *5 Coming into Force Current to June 20, 2022 Last amended on March 25, 2010 ii Registration SOR/2008-57 March 6, 2008 BANK ACT Corporate Interrelationships (Banks Holding Companies) Regulations P.C. 2008-509 and Bank March 6, 2008 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 72.1a and 716.1b and subsection 978(1)c of the Bank Actd, hereby makes the annexed Corporate Interrelationships (Banks and Bank Holding Companies) Regulations a S.C. 2007, c. 37, s. 9 b S.C. 2007, c. 37, s. 111 c S.C. 2005, c. 54, s. 135 d S.C. 1991, c. 46 Current to June 20, 2022 Last amended on March 25, 2010 Corporate Interrelationships (Banks Bank Holding Companies) Regulations and Interpretation 1 The following definitions apply in these Regulations. Act means the Bank Act. (Loi) delivery shares means shares issued by a bank or a bank holding company to a particular subsidiary for the purpose of an acquisition made under subsection 72.1(1) or 716.1(1) of the Act, respectively. (actions remises) particular subsidiary means a subsidiary body corporate referred to in subsections 72.1(1) and 716.1(1) of the Act. (filiale visée) Corporate Interrelationships 2 For the purpose of subsections 72.1(1) and 716.1(1) of the Act, the prescribed conditions are that (a) the consideration received by the bank or the bank holding company for the delivery shares is equal to the fair market value of those shares at the time of their issuance; (b) the class of shares of which the delivery shares are a part is widely held and shares of that class are actively traded on any of the following stock exchanges in Canada, namely, (i) the Canadian Venture Exchange, (ii) The Montreal Exchange, or (iii) the Toronto Stock Exchange; (c) the sole purpose of effecting the acquisition by the particular subsidiary of delivery shares is to transfer them, as set out in paragraph 3(b), to the shareholders of another body corporate; (d) immediately before the acquisition of the delivery shares by the particular subsidiary, the other body corporate and its shareholders deal at arm’s length, to be determined in accordance with the Income Tax Act, with the bank or the bank holding company and the particular subsidiary; and Current to June 20, 2022 Last amended on March 25, 2010 Corporate Interrelationships (Banks and Bank Holding Companies) Regulations Corporate Interrelationships Sections 2-5 (e) immediately before the acquisition of the delivery shares by the particular subsidiary, the particular subsidiary and the other body corporate are not resident in Canada, for the purposes of the Income Tax Act. SOR/2010-71, s. 6(F). 3 For the purpose of subsections 72.1(2) and 716.1(2) of the Act, the prescribed conditions are that (a) the particular subsidiary does not acquire a beneficial interest in the delivery shares as a result of its acquisition of those shares and the beneficial interest is acquired by the shareholders of the other body corporate; (b) the acquisition by the particular subsidiary of the delivery shares is followed immediately by a transfer of the delivery shares by the particular subsidiary to shareholders of the other body corporate; (c) immediately after the transfer of the delivery shares to the shareholders of the other body corporate, the particular subsidiary and the other body corporate are not resident in Canada, for the purposes of the Income Tax Act; and (d) after the transfer of the delivery shares to the shareholders of the other body corporate, the other body corporate is a subsidiary body corporate of the particular subsidiary. 4 For the purpose of subsections 72.1(3) and 716.1(3) of the Act, the prescribed requirements are that, within 30 days after one of the conditions described in section 2 or 3 is not met or ceases to be met, the bank or bank holding company shall (a) cancel the delivery shares on the condition that, if the by-laws limit the number of authorized shares, the delivery shares may be restored to the status of authorized but unissued shares; (b) return the consideration received by the bank or bank holding company for the delivery shares to the particular subsidiary; and (c) cancel the entry for the consideration in the stated capital account of the bank or bank holding company. Coming into Force 5 These Regulations come into force on the day on which section 9 of An Act to amend the law governing financial institutions and to provide for related and consequential matters, chapter 6 of the Statutes of Canada, * Current to June 20, 2022 Last amended on March 25, 2010 Corporate Interrelationships (Banks and Bank Holding Companies) Regulations Coming into Force Section 5 2007, comes into force or, if it is later, on the day on which they are registered. * [Note: Regulations in force March 8, 2008, see SI/2008-33.] Current to June 20, 2022 Last amended on March 25, 2010
CONSOLIDATION Canada-Chile Free Trade Agreement Fruit and Vegetable Aggregate Quantity Limit Order SOR/97-320 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Canada-Chile Free Trade Agreement Fruit and Vegetable Aggregate Quantity Limit Order Tariff Rate Quota *3 Coming into Force SCHEDULE Current to June 20, 2022 ii Registration SOR/97-320 July 5, 1997 CUSTOMS TARIFF Canada-Chile Free Trade Agreement Fruit and Vegetable Aggregate Quantity Limit Order P.C. 1997-951 July 4, 1997 His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 25.8a of the Customs Tariffb, hereby makes the annexed Canada-Chile Free Trade Agreement Fruit and Vegetable Aggregate Quantity Limit Order. a S.C. 1997, c. 14, s. 51 b R.S., c. 41 (3rd Supp.) Current to June 20, 2022 Canada-Chile Free Trade Agreement Fruit and Vegetable Aggregate Quantity Limit Order Tariff Rate Quota 1 The quantity limit of goods of tariff item No. 0703.10.92 that are entitled to the Chile Tariff is, for the period set out in column 1 of item 1 of the schedule, the applicable quantity limit set out in column 2 of that item. SOR/98-28, s. 30. 2 The aggregate quantity limit of goods of tariff item Nos. 0810.10.11 and 0810.10.92 that are entitled to the Chile Tariff is, for the period set out in column 1 of item 2 of the schedule, the applicable aggregate quantity limit set out in column 2 of that item. SOR/98-28, s. 30. Coming into Force 3 This Order comes into force on the day on which section 51 of the Canada-Chile Free Trade Agreement Implementation Act, chapter 14 of the Statutes of Canada, 1997, comes into force. * * [Note: Order in force July 5, 1997, see SI/97-86.] Current to June 20, 2022 Canada-Chile Free Trade Agreement Fruit and Vegetable Aggregate Quantity Limit Order SCHEDULE SCHEDULE (Sections 1 and 2) QUANTITY LIMITS OF GOODS REFERRED TO IN SUBSECTION 25.8(1) OF THE CUSTOMS TARIFF Column 1 Column 2 Item Period Quantity Limit (tonnes) (a) July 5, 1997 to December 31, 1997 (b) January 1, 1998 to December 31, 1998 (c) January 1, 1999 to December 31, 1999 (d) January 1, 2000 to December 31, 2000 (e) January 1, 2001 to December 31, 2001 (f) January 1, 2002 to December 31, 2002 1000 2 (a) July 5, 1997 to December 31, 1997 58,4 (b) January 1, 1998 to December 31, 1998 (c) January 1, 1999 to December 31, 1999 (d) January 1, 2000 to December 31, 2000 (e) January 1, 2001 to December 31, 2001 (f) January 1, 2002 to December 31, 2002 100 Current to June 20, 2022
CONSOLIDATION Canadian Chicken Marketing Quota Regulations SOR/2002-36 Current to June 20, 2022 Last amended on May 8, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 8, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 8, 2022 TABLE OF PROVISIONS Canadian Chicken Marketing Quota Regulations Interpretation Application Marketing Prohibitions Entitlement to a Federal Quota Relationship of Federal Quota to Provincial Quota Entitlement to a Federal Market Development Quota Marketing Under a Federal Market Development Quota Relationship of Federal and Provincial Market Development Quota 8.1 Entitlement to a Federal Specialty Chicken Quota 8.2 Marketing Under a Federal Specialty Chicken Quota 8.3 Relationship of Federal and Provincial Specialty Chicken Quota Current to June 20, 2022 Last amended on May 8, 2022 ii Canadian Chicken Marketing Quota Regulations TABLE OF PROVISIONS Limits Repeal Coming into Force SCHEDULE Current to June 20, 2022 Last amended on May 8, 2022 iv Registration SOR/2002-36 December 24, 2001 FARM PRODUCTS AGENCIES ACT Canadian Chicken Marketing Quota Regulations Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamationa, established Chicken Farmers of Canada pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to the Chicken Farmers of Canada Proclamationa; Whereas the process set out in the Operating Agreement, referred to in subsection 7(1)d of the schedule to the Chicken Farmers of Canada Proclamationa, for making changes to quota allocation has been followed; Whereas the proposed annexed Canadian Chicken Marketing Quota Regulations are regulations of a class to which paragraph 7(1)(d)e of the Farm Products Agencies Actc applies by reason of section 2 of the Agencies’ Orders and Regulations Approval Orderf, and have been submitted to the National Farm Products Council pursuant to paragraph 22(1)(f) of that Act; And whereas, pursuant to paragraph 7(1)(d)d of the Farm Products Agencies Actc, the National Farm Products Council is satisfied that the proposed regulations are necessary for the implementation of the marketing plan that Chicken Farmers of Canada is authorized to implement, and has approved the proposed regulations; Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and subsection 6(1)g of the schedule to the Chicken Farmers of Canada Proclamationa, hereby makes a SOR/79-158; SOR/98-244 b S.C. 1993, c. 3, par. 13(b) c S.C. 1993, c. 3, s. 2 d SOR/2002-1 e S.C. 1993, c. 3, s. 7(2) f C.R.C., c. 648 g SOR/91-139 Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations the annexed Canadian Chicken Marketing Quota Regulations. Ottawa, Ontario, December 20, 2001 Current to June 20, 2022 Last amended on May 8, 2022 Interpretation 1 The following definitions apply in these Regulations. Act means the Farm Products Agencies Act. (Loi) CFC [Repealed, SOR/2015-229, s. 1] chicken [Repealed, SOR/2015-229, s. 1] federal market development quota means the number of kilograms of chicken, expressed in live weight, that, during the period referred to in the schedule, a producer is entitled under these Regulations to market in interprovincial or export trade to any holder of a market development licence issued under the Canadian Chicken Licensing Regulations. (contingent fédéral d’expansion du marché) federal quota means the number of kilograms of chicken, expressed in live weight, not including a federal market development quota or federal specialty chicken quota, that a producer is entitled under these Regulations to market in interprovincial or export trade during the period referred to in the schedule. (contingent fédéral) federal specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled under these Regulations to market in interprovincial or export trade, during the period referred to in the schedule, to any holder of a specialty chicken licence. (contingent fédéral de poulet de spécialité) marketing [Repealed, SOR/2015-229, s. 1] primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota or a federal specialty chicken quota. (transformateur primaire) producer [Repealed, SOR/2015-229, s. 1] Provincial Commodity 2015-229, s. 1] Board [Repealed, SOR/ provincial market development quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under orders, regulations, policy directives, permits or any other form for making quota allotments made or issued by the Commodity Board of the province in which the producer's registered production facilities are located, to market in intraprovincial trade during the period referred to in the schedule. (contingent provincial d'expansion du marché) Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations Interpretation Sections 1-2 provincial quota means the number of kilograms of chicken, expressed in live weight, not including a provincial market development quota or provincial specialty chicken quota, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the Commodity Board of the province in which the producer’s registered production facilities are located, to market in intraprovincial trade during the period referred to in the schedule. (contingent provincial) provincial specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under any orders, regulations, policy directives, permits or other form for making quota allotments made or issued by the Commodity Board of the province in which the producer’s registered production facilities are located, to market in intraprovincial trade, during the period referred to in the schedule, to any holder of a specialty chicken licence. (contingent provincial de poulet de spécialité) registered production facilities means production facilities that are registered under the laws of the province in which they are situated. (installations de production agréées) specialty chicken licence means a specialty chicken licence that is issued by CFC under the Canadian Chicken Licensing Regulations. (permis de poulet de spécialité) SOR/2010-268, s. 1; SOR/2012-8, s. 1(E); SOR/2014-144, s. 1; SOR/2015-229, ss. 1, 2(E). Application 2 (1) Subject to subsection (2), these Regulations apply to the marketing of chicken in interprovincial or export trade. (2) These Regulations do not apply to the marketing of chicken under quota exemptions authorized by a Commodity Board. SOR/2015-229, s. 2(E). Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations Marketing Prohibitions Sections 3-4 Marketing Prohibitions 3 No producer may market chicken in interprovincial or export trade (a) unless a federal quota, a federal market development quota or a federal specialty chicken quota has been allotted to the producer, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered production facilities are located; (b) in excess of the federal quota, federal market development quota or federal specialty chicken quota referred to in paragraph (a), taking into account any adjustment made under subsection 6(3) of the schedule to the Chicken Farmers of Canada Proclamation; (c) unless the chicken is marketed during the period during which chicken produced in the province in which the producer's registered production facilities are located is authorized to be marketed; or (d) contrary to any rules that the Commodity Board referred to in paragraph (a) has been authorized by CFC, under subsection 22(3) of the Act, to apply in performing, on behalf of CFC, the function of allotting and administering federal quotas, federal market development quotas and federal specialty chicken quotas. SOR/2014-144, s. 2; SOR/2015-229, s. 2(E). Entitlement to a Federal Quota 4 A producer is entitled to be allotted a federal quota if the producer (a) is allotted a provincial quota under the rules of the Commodity Board of the province in which the producer's registered production facilities are located; (b) is in compliance with the orders, regulations and rules of the Commodity Board in connection with that provincial quota; (c) is in compliance with the rules referred to in paragraph 3(d); and Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations Entitlement to a Federal Quota Sections 4-7 (d) is in compliance with the orders and regulations of CFC. SOR/2015-229, s. 2(E). Relationship of Federal Quota to Provincial Quota 5 The quantity of chicken that a producer is authorized to market from a province under a federal quota for the period referred to in the schedule is equal to the quota allotment to the producer for that period by the Commodity Board of the province minus the quantity of chicken marketed by the producer in intraprovincial trade in the province during that period. SOR/2015-229, s. 2(E). Entitlement to a Federal Market Development Quota 6 A producer is entitled to be allotted a federal market development quota if the producer (a) is allotted a provincial market development quota or provincial quota under the rules of the Commodity Board of the province in which the producer's registered production facilities are located; (b) has elected to participate in a market development quota program; (c) is in compliance with the orders, regulations and rules of the Commodity Board in connection with that program; (d) has the registered production facilities required to raise the chicken authorized to be marketed; and (e) is in compliance with the rules referred to in paragraph 3(d). SOR/2015-229, s. 2(E). Marketing Under a Federal Market Development Quota 7 If a producer is allotted a federal market development quota, the chicken produced under the quota must be marketed by the producer in accordance with the Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations Marketing Under a Federal Market Development Quota Sections 7-8.1 Canadian Chicken Licensing Regulations during the period referred to in the schedule to a person who holds a valid market development licence issued under those Regulations. Relationship of Federal and Provincial Market Development Quota 8 The number of kilograms of chicken that a producer is authorized to market from a province under a federal market development quota allocation by or on behalf of CFC for the period referred to in the schedule is equal to the provincial market development quota allotted to the producer for that period by the Commodity Board of the province minus the number of kilograms of chicken marketed by the producer under the conditions of the provincial market development quota in intraprovincial trade in that province during the period. SOR/2015-229, s. 2(E). Entitlement to a Federal Specialty Chicken Quota 8.1 A producer is entitled to be allotted a federal specialty chicken quota if the producer (a) is allotted a federal quota, on behalf of CFC, by the Commodity Board of the province in which the producer’s registered production facilities are located; (b) is allotted a provincial specialty chicken quota or provincial quota under the rules of the Commodity Board of the province in which the producer’s registered production facilities are located; (c) has elected to participate in a specialty chicken quota program; (d) is in compliance with the orders, regulations and rules of the Commodity Board in connection with that program; (e) has the registered production facilities that are required to raise the chicken authorized to be marketed; (f) is in compliance with the rules referred to in paragraph 3(d); and (g) has made arrangements with a primary processor to process the volumes of specialty chicken requested Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations Entitlement to a Federal Specialty Chicken Quota Sections 8.1-9 or has the processing facilities that are required to process the chicken authorized to be marketed. SOR/2014-144, s. 3; SOR/2015-229, s. 2(E). Marketing Under a Federal Specialty Chicken Quota 8.2 If a producer is allotted a federal specialty chicken quota, the chicken produced under the quota must be marketed by the producer in accordance with the Canadian Chicken Licensing Regulations to a person who holds a valid specialty chicken licence. SOR/2014-144, s. 3. Relationship of Federal and Provincial Specialty Chicken Quota 8.3 The number of kilograms of chicken that a producer is authorized to market from a province under a federal specialty chicken quota allocation by or on behalf of CFC for the period referred to in the schedule is equal to the provincial specialty chicken quota allotted to the producer for that period by the Commodity Board of the province minus the number of kilograms of chicken marketed by the producer under the conditions of the provincial specialty chicken quota in intraprovincial trade in that province during the period. SOR/2014-144, s. 3; SOR/2015-229, s. 2(E). Limits 9 The Commodity Board of a province must allot federal quotas to producers in the province in such manner that the aggregate of the following numbers of kilograms of chicken that is produced in the province, and authorized to be marketed, during the period referred to in the schedule will not exceed the applicable number of kilograms of chicken set out in column 2 of the schedule in respect of the province for that period: Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations Limits Sections 9-10.1 (a) the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal quotas allotted on behalf of CFC by the Commodity Board; (b) the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial quotas allotted by the Commodity Board; and (c) the number of kilograms of chicken anticipated to be marketed by producers under quota exemptions authorized by the Commodity Board. SOR/2010-268, s. 2(F); SOR/2015-229, s. 2(E). 10 The Commodity Board of a province must allot federal market development quotas to producers in the province in such manner that the aggregate of the following numbers of kilograms of chicken, expressed in live weight, that is produced in the province, and authorized to be marketed, during the period referred to in the schedule will not exceed the number of kilograms, expressed in live weight, set out in column 3 of the schedule in respect of the province for that period: (a) the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal market development quotas allotted on behalf of CFC by the Commodity Board; and (b) the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial market development quotas allotted by the Commodity Board. SOR/2015-229, s. 2(E). 10.1 The Commodity Board of a province must allot federal specialty chicken quotas to producers in the province in such a manner that the aggregate of the following numbers of kilograms of chicken, expressed in live weight, that is produced in the province and authorized to be marketed, during the period referred to in the schedule, will not exceed the number of kilograms, expressed in live weight, set out in column 4 of the schedule in respect of the province for that period: (a) the number of kilograms of chicken authorized to be marketed by producers in interprovincial or export trade under federal specialty chicken quotas allotted on behalf of CFC by the Commodity Board; and Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations Limits Sections 10.1-12 (b) the number of kilograms of chicken authorized to be marketed by producers in intraprovincial trade under provincial specialty chicken quotas allotted by the Commodity Board. SOR/2014-144, s. 4; SOR/2015-229, s. 2(E). Repeal 11 [Repeal] Coming into Force 12 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations SCHEDULE SCHEDULE (Sections 1, 5, 7, 8 and 8.3 to 10.1) Limits for Production and Mark Beginning on May 8, 2022 and E Column 1 Column 2 Item Province Pro Production Subject to Federal and Pro Provincial Quotas (in live weight) Qu (kg) (kg Ont. 98,156,633 Que. 74,787,302 N.S. 9,625,598 N.B. 7,625,053 Man. 11,421,302 B.C. 39,203,639 P.E.I. 1,012,785 Sask. 9,431,642 Alta. 28,616,476 N.L. 3,727,248 Total Co 283,607,678 SOR/2002-64, s. 1; SOR/2002-98, s. 1; SOR/2002-201, s. 1; SOR/2002-282, s. 1; SOR/2002-33 2003-165, s. 1; SOR/2003-308, s. 1; SOR/2003-342, s. 1; SOR/2003-366, s. 1; SOR/2004-5, s 2004-242, s. 1; SOR/2005-3, s. 1; SOR/2005-57, s. 1; SOR/2005-118, s. 1; SOR/2005-194, s. 1; S s. 1; SOR/2006-63, s. 1; SOR/2006-125, s. 1; SOR/2006-178, s. 1; SOR/2006-277, s. 1; SOR/200 2007-219, s. 1; SOR/2007-250, s. 1; SOR/2008-3, s. 1; SOR/2008-91, s. 1; SOR/2008-175, s. 1; s. 1; SOR/2009-74, s. 1; SOR/2009-159, s. 1; SOR/2009-250, s. 1; SOR/2009-285, s. 1; SOR/2 SOR/2010-167, s. 1; SOR/2010-256, s. 1; SOR/2010-269, s. 1; SOR/2011-44, s. 1; SOR/2011-76 2011-314, s. 1; SOR/2012-9, s. 1; SOR/2012-51, s. 1; SOR/2012-116, s. 1; SOR/2012-159, s. 1; S s. 1; SOR/2013-148, s. 1; SOR/2013-154, s. 1; SOR/2013-185, s. 1; SOR/2014-2, s. 1; SOR/201 SOR/2014-244, s. 1; SOR/2014-264, s. 1; SOR/2014-312, s. 1; SOR/2015-74, s. 1; SOR/2015-106 2016-69, s. 1; SOR/2016-241, s. 1; SOR/2016-300, s. 1; SOR/2017-39, s. 1; SOR/2017-154, s 2018-184, s. 1; SOR/2019-22, s. 1; SOR/2019-126, s. 1; SOR/2019-334, s. 1; SOR/2020-11, s. 2020-257, s. 1; SOR/2021-20, s. 1; SOR/2021-53, s. 1; SOR/2021-111, s. 1; SOR/2021-178, s 2022-63, s. 1. Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations SCHEDULE (French) ANNEXE (articles 1, 5, 7, 8 et 8.3 à 10.1) Limites de production et de com période commençant le 8 mai 2 2022 Colonne 1 Colonne 2 Article Province Production assujettie aux contingents fédéraux et provinciaux (en poids vif) (kg) Ont. 98 156 633 Qc 74 787 302 N.-É. 9 625 598 N.-B. 7 625 053 Man. 11 421 302 C.-B. 39 203 639 Î.-P.-É. 1 012 785 Sask. 9 431 642 Alb. T.-N.-L. Total 28 616 476 3 727 248 283 607 678 DORS/2002-64, art. 1; DORS/2002-98, art. 1; DORS/2002-201, art. 1; DORS/2002-282, art. 1; DORS/2003-164, art. 1; DORS/2003-165, art. 1; DORS/2003-308, art. 1; DORS/2003-342, art. 1 DORS/2004-178, art. 1; DORS/2004-179, art. 1; DORS/2004-242, art. 1; DORS/2005-3, art. 1; D DORS/2005-287, art. 1; DORS/2005-374, art. 1; DORS/2006-21, art. 1; DORS/2006-45, art. 1; D DORS/2007-3, art. 1; DORS/2007-46, art. 1; DORS/2007-85, art. 1; DORS/2007-153, art. 1; D DORS/2008-91, art. 1; DORS/2008-175, art. 1; DORS/2008-176, art. 1; DORS/2008-245, art. 1 DORS/2009-159, art. 1; DORS/2009-250, art. 1; DORS/2009-285, art. 1; DORS/2009-300, art. 1 DORS/2010-167, art. 1; DORS/2010-256, art. 1; DORS/2010-269, art. 1; DORS/2011-44, art. 1; DORS/2011-243, art. 1; DORS/2011-314, art. 1; DORS/2012-9, art. 1; DORS/2012-51, art. 1; D DORS/2013-25, art. 1; DORS/2013-47, art. 1; DORS/2013-128, art. 1; DORS/2013-148, art. 1; DORS/2014-106, art. 1; DORS/2014-144, art. 5; DORS/2014-174, art. 1; DORS/2014-199, art. 1; DORS/2015-106, art. 1; DORS/2015-183, art. 1; DORS/2015-219, art. 1; DORS/2015-238, art. 1; DORS/2017-39, art. 1; DORS/2017-154, art. 1; DORS/2017-211, art. 1; DORS/2017-244, art. 1; DORS/2019-126, art. 1; DORS/2019-334, art. 1; DORS/2020-11, art. 1; DORS/2020-104, art. 1; D DORS/2021-20, art. 1; DORS/2021-53, art. 1; DORS/2021-111, art. 1; DORS/2021-178, art. 1; D DORS/2022-63, art. 1. Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — SOR/2022-104, s. 1 1 The schedule to the Canadian Chicken Marketing Quota Regulations1 is replaced by the schedule set out in the schedule to these Regulations. SCHEDULE (Sections 1, 5, 7, 8 and 8.3 to 10.1) Limits for Production and Mark Beginning on July 3, 2022 and En Column 1 Column 2 Col Item Province Production Subject to Federal and Provincial Quotas (in live weight) (kg) Pro Pro Qu (kg Ont. 97,239,047 Que. 74,455,069 N.S. 9,674,684 N.B. 7,642,314 Man. 11,274,180 B.C. 39,241,981 P.E.I. 1,012,780 Sask. 9,634,614 Alta. 28,460,423 N.L. 3,718,596 Total 282,353,688 SOR/2002-36 Current to June 20, 2022 Last amended on May 8, 2022 Canadian Chicken Marketing Quota Regulations AMENDMENTS NOT IN FORCE ANNEXE (articles 1, 5, 7, 8 et 8.3 à 10.1) Limites de production et de com période commençant le 3 juillet 2022 Colonne 1 Colonne 2 Article Province Production assujettie aux contingents fédéraux et provinciaux (en poids vif) (kg) Ont. 97 239 047 Qc 74 455 069 N.-É. 9 674 684 N.-B. 7 642 314 Man. 11 274 180 C.-B. 39 241 981 Î.-P.-É. 1 012 780 Sask. 9 634 614 Alb. T.-N.-L. Total Current to June 20, 2022 Last amended on May 8, 2022 28 460 423 3 718 596 282 353 688
CONSOLIDATION Chatham Airport Zoning Regulations SOR/91-173 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Zoning at Chatham Airport Short Title Interpretation Application General Aeronautical Facilities Natural Growth Disposal of Waste SCHEDULE Current to June 20, 2022 ii Registration SOR/91-173 February 28, 1991 AERONAUTICS ACT Chatham Airport Zoning Regulations P.C. 1991-349 February 28, 1991 Whereas, pursuant to section 5.5* of the Aeronautics Act, a copy of the proposed Zoning Regulations respecting Chatham Airport, substantially in the form set out in the schedule hereto, was published in two successive issues of the Canada Gazette Part I, on July 30th and August 6th, 1988, and in two successive issues of the Chatham Daily News on September 2nd and 3rd, 1988, and in two successive issues of the Blenheim News-Tribune on August 31st and September 7th, 1988, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 5.4* of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting zoning at Chatham Airport. * R.S., c. 33 (1st Supp.) Current to June 20, 2022 Regulations Respecting Zoning at Chatham Airport Short Title 1 These Regulations may be cited as the Chatham Airport Zoning Regulations. Interpretation 2 (1) In these Regulations, airport means the Chatham Airport, in the Township of Raleigh, in the Province of Ontario; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II of the schedule; (surface d’approche) Minister means the Minister of Transport; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; (bande) transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. (surface de transition) (2) For the purposes of these Regulations, the elevation of the Airport Reference Point is 196.3 m above sea level. Application 3 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of Current to June 20, 2022 Chatham Airport Zoning Regulations Application Sections 3-7 the airport, which lands are more particularly described in Part VI of the schedule. General 4 No person shall erect or construct on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point (a) the approach surfaces; (b) the outer surface; or (c) the transitional surfaces. Aeronautical Facilities 5 No owner or lessee of any land to which these Regulations apply shall permit such land or any part of it to be used or developed in a manner that causes interference with any signals or communications to and from any aircraft or to and from any facilities used to provide services relating to aeronautics. SOR/92-673, s. 1. Natural Growth 6 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in section 4, the Minister may require that the owner or lessee of the land on which that object is growing remove the excessive growth. SOR/92-673, s. 2. Disposal of Waste 7 No owner or lessee of any land to which these Regulations apply shall permit such land or any part of it to be used for the disposal of any waste that is edible by or attractive to birds. SOR/92-673, s. 3. Current to June 20, 2022 Chatham Airport Zoning Regulations SCHEDULE SCHEDULE (Sections 2 and 3) PART I Description of Airport Reference Point The airport reference point, shown on Chatham Airport Zoning Plan No. 36-011 86-08, Sheet 5, dated January 28, 1987, is a point lying perpendicular distant 50 m northwesterly from a point on the centre line of runway 05-23 and distant 761.75 m northeasterly along the said centre line from the southwesterly end of the said runway. PART II Description of the Approach Surfaces The approach surfaces, shown on Chatham Airport Zoning Plan No. 36-011 86-08, Sheets 4, 5 and 6, dated January 28, 1987, are surfaces abutting each end of the strip associated with the runway designated 05-23 and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 05 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 800 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 345 m from the projected centre line; said imaginary horizontal line being 45 m measured vertically above the elevation at the end of the strip; and (b) a surface abutting the end of the strip associated with runway approach 23 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 1 792 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 343.8 m from the projected centre line; said imaginary horizontal line being 44.8 m measured vertically above the elevation at the end of the strip. PART III Description of the Outer Surface The outer surface, shown on Chatham Airport Zoning Plan No. 36-011 86-08, Sheets 1 to 9 inclusive, dated January 28, 1987, is an imaginary surface located at a common plane Current to June 20, 2022 Chatham Airport Zoning Regulations SCHEDULE established at a constant elevation of 45 m above the elevation of the airport reference point, except that, where that common plane is less than 9 m above the surface of the ground, the outer surface is an imaginary surface located at 9 m above the surface of the ground. PART IV Description of the Strip The strip associated with runway 05-23, shown on Chatham Airport Zoning Plan No. 36-011 86-08, Sheet 5, dated January 28, 1987 is 150 m in width, 75 m being on each side of the centre line of the runway and 1 644 m in length. PART V Description of Each Transitional Surface Each transitional surface, shown on Chatham Airport Zoning Plan No. 36-011 86-08, Sheets 4, 5 and 6, dated January 28, 1987, is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and projected centre line of the strip and extending upward and outward from the lateral limits of the strip and its approach surfaces to an intersection with the outer surface. PART VI Description of the Lands to Which These Regulations Apply The boundary of the outer limits of the lands to which these Regulations apply, shown on Chatham Airport Zoning Plan No. 36-011 86-08, Sheets 1, 2, 3, 4, 6, 7, 8 and 9 dated January 28, 1987, are described as follows: COMMENCING at the westerly corner of Lot 20, Concession 11, in the Township of Raleigh; THENCE northeasterly along the northwesterly boundary of Lots 20, 21, 22, 23, 24 and 25, Concession 11, to the northerly corner of the said Lot 25; THENCE southeasterly along the northeasterly boundary of said Lot 25 to its intersection with the production southwesterly of the northwesterly boundary of Lot 23, Concession 4 W.C.R., in the Township of Harwich; THENCE northeasterly in a straight line across the road allowance between the Township of Raleigh and the Township of Harwich to the westerly corner of Lot 23, Concession 4 W.C.R.; Current to June 20, 2022 Chatham Airport Zoning Regulations SCHEDULE THENCE northeasterly along the northwesterly boundary of Lot 23, Concession 4 W.C.R., to the northerly corner of the said Lot 23; THENCE southeasterly along the northeasterly boundary of Lot 23 and Lot 22, in Concession 4 W.C.R., to its intersection with the production southwesterly of the northwesterly boundary of Lot 21, Concession 3 W.C.R.; THENCE northeasterly in a straight line across the road allowance between Concession 3 W.C.R. and Concession 4 W.C.R. to the westerly corner of Lot 21, Concession 3 W.C.R.; THENCE northeasterly along the northwesterly boundary of Lot 21, Concession 3 W.C.R., to the northerly corner of the said Lot 21; THENCE southeasterly along the northeasterly boundary of Lots 21, 20 and 19 to the easterly corner of the said Lot 19; THENCE southeasterly in a straight line across the road allowance between Lots 18 and 19, Concession 3 W.C.R., to the northerly corner of the said Lot 18; THENCE southeasterly along the northeasterly boundary of Lots 18, 17, 16, 15, 14 and 13, Concession 3 W.C.R., to the easterly corner of the said Lot 13; THENCE southwesterly along the southeasterly boundary of Lot 13, Concession 3 W.C.R. to the southerly corner of the said Lot 13; THENCE southwesterly across the road allowance between Concession 3 W.C.R. and Concession 4 W.C.R. along the production southwesterly of the southeasterly boundary of Lot 13, Concession 3 W.C.R., to its intersection with the northeasterly boundary of Lot 13, Concession 4 W.C.R.; THENCE southeasterly along the northeasterly boundary of Lot 13, Concession 4 W.C.R., to the easterly corner of the said Lot 13; THENCE southeasterly in a straight line across the road allowance between Lots 12 and 13, Concession 4 W.C.R., to the northerly corner of the said Lot 12; THENCE southeasterly along the northeasterly boundary of Lots 12 and 11, Concession 4 W.C.R., to the easterly corner of the said Lot 11; THENCE southwesterly along the southeasterly boundary of Lot 11, Concession 4 W.C.R., to the southerly corner of the said Lot 11; THENCE southwesterly across the road allowance between the Township of Raleigh and the Township of Harwich along the production southwesterly of the southeasterly boundary of Lot 11, Concession 4 W.C.R., in the Township of Harwich to its intersection with the northeasterly boundary of Lot 25, Concession 16, in the Township of Raleigh; THENCE southeasterly along the northeasterly boundary of Lot 25, Concession 16, to the easterly corner of the said Lot 25; THENCE southwesterly along the southeasterly boundary of Lot 25, Concession 16, to the southerly corner of the said Lot 25; THENCE southwesterly in a straight line across Lots 130, 131, and 132, Talbot Road Concession, to the most easterly corner of Lot 22, Concession 16; Current to June 20, 2022 Chatham Airport Zoning Regulations SCHEDULE THENCE southwesterly along the southeasterly boundary of Lots 22, 21, 20 and 19, Concession 16, to the southerly corner of the said Lot 19; THENCE northwesterly along the southwesterly boundary of Lot 19, Concession 16, to the westerly corner of the said Lot 19; THENCE northwesterly in a straight line across the road allowance between Concession 15 and Concession 16 to the southerly corner of Lot 19, Concession 15; THENCE southwesterly in a straight line across the road allowance between Lots 18 and 19, Concession 15, to the easterly corner of the said Lot 18; THENCE southwesterly along the southeasterly boundary of Lots 18 and 17, Concession 15, to the southerly corner of the said Lot 17; THENCE northwesterly along the southwesterly boundary of the southeasterly half of Lot 17, Concession 15, to the westerly corner of the said southeasterly half of Lot 17; THENCE northeasterly along the rear of the half lots to the southerly corner of the northwesterly half of Lot 17, Concession 15; THENCE northwesterly along the southwesterly boundary of the northwesterly half of Lot 17, Concession 15, to the westerly corner of the said northwesterly half of Lot 17; THENCE northwesterly in a straight line across the road allowance between Concession 14 and Concession 15 to the southerly corner of Lot 17, Concession 14; THENCE northwesterly along the southwesterly boundary of the southeasterly half of Lot 17, Concession 14, to the westerly corner of the said southeasterly half of Lot 17; THENCE southwesterly along the rear of the half lots to the southerly corner of the northwesterly half of Lot 17, Concession 14; THENCE northwesterly along the southwesterly boundary of the northwesterly half of Lot 17, Concession 14, to the westerly corner of the said northwesterly half of Lot 17; THENCE northwesterly in a straight line across the road allowance between Concession 13 and Concession 14 to the southerly corner of Lot 17, Concession 13; THENCE northwesterly along the southwesterly boundary of the southeasterly half of Lot 17, Concession 13, to the westerly corner of the said southeasterly half of Lot 17; THENCE southwesterly along the rear of the half lots to the southerly corner of the northwesterly half of Lot 17, Concession 13; THENCE northwesterly along the southwesterly boundary of the northwesterly half of Lot 17, Concession 13, to the westerly corner of the said northwesterly half of Lot 17; THENCE northeasterly along the northwesterly boundary of Lot 17, Concession 13, to the northerly corner of the said northwesterly half of Lot 17; THENCE northwesterly in a straight line across the road allowance between Concession 12 and Concession 13 to the southerly corner of the southeasterly half of Lot 18, Concession 12; Current to June 20, 2022 Chatham Airport Zoning Regulations SCHEDULE THENCE northwesterly along the southwesterly boundary of the southeasterly half of Lot 18, Concession 12, to the westerly corner of the said southeasterly half of Lot 18; THENCE northeasterly along the rear of the half lots to the southerly corner of the northwesterly half of Lot 18, Concession 12; THENCE northwesterly along the southwesterly boundary of the northwesterly half of Lot 18, Concession 12, to the westerly corner of the said northwesterly half of Lot 18; THENCE northeasterly along the northwesterly boundary of Lot 18, Concession 12, to the northerly corner of the said Lot 18; THENCE northeasterly in a straight line across the road allowance between Lots 18 and 19, Concession 12, to the westerly corner of the said Lot 19; THENCE northeasterly along the northwesterly boundary of Lot 19, Concession 12, to the northerly corner of the said Lot 19; THENCE northwesterly in a straight line across the road allowance between Concession 11 and Concession 12 to the southerly corner of Lot 20, Concession 11; THENCE northwesterly along the southwesterly boundary of the southeasterly half of Lot 20, Concession 11, to the westerly corner of the said southeasterly half of Lot 20; THENCE southwesterly along the rear of the half lots to the southerly corner of the northwesterly half of Lot 20, Concession 11; THENCE northwesterly along the southwesterly boundary of the northwesterly half of Lot 20, Concession 11 to the westerly corner of the said northwesterly half of Lot 20, Concession 11, being the point of commencement. SOR/92-673, ss. 4(F) and 5(F). Current to June 20, 2022
CONSOLIDATION Customs Duties Accelerated Reduction Order, No. 4 [Repealed, SOR/2020-159, s. 1] Current to June 20, 2022 Last amended on July 1, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2020 TABLE OF PROVISIONS Order Respecting the Accelerated Reduction or Removal of Certain Customs Duties Under the Customs Tariff as a Consequence of Concessions Granted Pursuant to the Canada-United States Free Trade Agreement Current to June 20, 2022 Last amended on July 1, 2020 ii
CONSOLIDATION Canadian Chicken Licensing Regulations SOR/2002-22 Current to June 20, 2022 Last amended on November 23, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 23, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 23, 2018 TABLE OF PROVISIONS Canadian Chicken Licensing Regulations Interpretation Application General Issuance of Licences Conditions of Licence Suspension, Revocation and Refusal to Issue or to Renew a Licence Repeal Coming into Force SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 Classes of Specialty Chicken SCHEDULE 5 Current to June 20, 2022 Last amended on November 23, 2018 ii Registration SOR/2002-22 December 17, 2001 FARM PRODUCTS AGENCIES ACT Canadian Chicken Licensing Regulations Whereas the Governor in Council has, by the Chicken Farmers of Canada Proclamationa, established Chicken Farmers of Canada pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas Chicken Farmers of Canada has been empowered to implement a marketing plan pursuant to the Chicken Farmers of Canada Proclamationa; Therefore, Chicken Farmers of Canada, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and section 11d of the schedule to the Chicken Farmers of Canada Proclamationa, hereby makes the annexed Canadian Chicken Licensing Regulations. Ottawa, December 14, 2001 a SOR/79-158; SOR/98-244 b S.C. 1993, c. 3, par. 13(b) c S.C. 1993, c. 3, s. 2 d SOR/2002-1 Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Interpretation 1 The following definitions apply in these Regulations. affiliated body of a body corporate means another body corporate that is affiliated with it in the sense that (a) one of the bodies corporate is the subsidiary of the other; (b) both of the bodies corporate are subsidiaries of the same body corporate; or (c) each of the bodies corporate is controlled by the same person. (personne morale affiliée) associate, when used to indicate a relationship with any person, means (a) a body corporate of which that person beneficially owns or controls, directly or indirectly, shares or securities currently convertible into shares carrying voting rights under all circumstances or by reason of the occurrence of an event that has occurred and is continuing, or a currently exercisable option or right to purchase such shares or such convertible securities; (b) a partner of that person acting on behalf of the partnership of which they are partners; (c) a trust or estate in which that person has a beneficial interest or in respect of which that person serves as a trustee or in a similar capacity; (d) a spouse of that person or an individual who is cohabiting with that person in a conjugal relationship, having so cohabited for a period of at least one year; (e) a child of that person or of the spouse or individual referred to in paragraph (d); (f) a relative of that person or of the spouse or individual referred to in paragraph (d), if that relative has the same residence as that person; (g) an employer or employee of that person; and (h) an officer or director of that person’s business. (lien) Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Interpretation Section 1 CFC [Repealed, SOR/2015-227, s. 1] chicken [Repealed, SOR/2015-227, s. 1] consumer means a person who buys chicken for consumption by the person or the person’s household. (consommateur) dealer means a person, other than a processor or retailer, who buys chicken for resale. (négociant) federal market development quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade to market development licensees during the period referred to in the schedule to those Regulations. (contingent fédéral d’expansion du marché) federal specialty chicken quota means the number of kilograms of chicken, expressed in live weight, that a producer is entitled, under the Canadian Chicken Marketing Quota Regulations, to market in interprovincial or export trade to specialty chicken licensees during the period referred to in the schedule to those Regulations. (contingent fédéral de poulet de spécialité) licence means a document issued by CFC to a person certifying that the person is a licensee. (permis) market development commitment form means the form set out in Schedule 1. (formulaire d’engagement pour l’expansion du marché) market development commitment period means the period that spans the following three periods: (a) the period referred to in section 1 of the market development commitment form set out in Schedule 1; (b) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately precedes the period referred to in paragraph (a); and (c) the period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations that immediately follows the period referred to in paragraph (a). (période d’engagement pour l’expansion du marché) marketing [Repealed, SOR/2015-227, s. 1] mature chicken means a mature female bird of the species Gallus Domesticus that does not have flexible cartilage at the posterior end of the breast or keel bone, Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Interpretation Section 1 tender meat or soft skin of smooth texture. (poulet adulte) primary processor means a processor who slaughters chicken that was produced and marketed under a federal market development quota or a federal specialty chicken quota issued under the Canadian Chicken Marketing Quota Regulations. (transformateur primaire) processing means the slaughtering of chicken or the changing of the nature, size, quality or condition of slaughtered chicken. (transformation) processor means a person who is engaged in the business of processing and otherwise marketing chicken. (transformateur) producer [Repealed, SOR/2015-227, s. 1] producer-processor means a person who raises, processes and otherwise markets chicken or offers for sale, sells or stores chicken produced and processed by that person. (producteur-transformateur) Provincial Commodity 2015-227, s. 1] Board [Repealed, SOR/ Provincial Supervisory 2015-227, s. 1] Board [Repealed, SOR/ registered production facilities means production facilities that are registered under the laws of the province in which they are situated. (installations de production agréées) retailer means a person who offers chicken for sale, or sells it, directly to consumers. (détaillant) specialty chicken means chicken belonging to any class listed in Schedule 4. (poulet de spécialité) specialty chicken commitment form means the form set out in Schedule 5. (formulaire d’engagement pour le poulet de spécialité) spent fowl means laying hens at the end of egg production or breeders at the end of breeding production. (volaille de réforme) transporter means a person who transports live chicken for delivery to a processor, and includes a processor who transports live chicken in vehicles owned or leased by the processor. (transporteur) SOR/2004-2, s. 1; SOR/2007-249, s. 1; SOR/2010-76, s. 1; SOR/2011-244, s. 1; SOR/ 2014-143, s. 1; SOR/2014-263, s. 1; SOR/2015-227, s. 1; SOR/2017-212, s. 1. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Interpretation Sections 1-4 Application 2 These Regulations apply to the marketing of chicken in interprovincial or export trade. General 3 No person may engage in the marketing of chicken in interprovincial or export trade as a producer, producerprocessor, primary processor, processor, dealer, retailer or transporter unless the person (a) holds the appropriate licence referred to in section 6; (b) pays to CFC the fee set out in section 6 for the licence; and (c) complies with the conditions that the licence is subject to under section 5. SOR/2007-249, s. 2. Issuance of Licences 4 (1) Subject to sections 8 and 9, within 30 days after the receipt of a licence application in a form approved by CFC and the payment of the applicable fee set out in section 6, CFC shall issue a licence to a producer, producerprocessor, primary processor, processor, dealer, retailer or transporter, engaged in the marketing of chicken in interprovincial or export trade. (2) An application form referred to in subsection (1) must set out (a) the name, address, telephone number, fax number and e-mail address of the applicant; (b) the type of licence for which the application is made; (c) a statement of the conditions that the licence is subject to under these Regulations; and (d) the date on which the licence expires. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Issuance of Licences Sections 4-5 (3) Every licence issued with an effective date after December 31, 2007 expires on December 31 of the fifth year after it was issued unless it is revoked before that day. (4) If a licensee fails, during the period of validity of the licence, to fulfil a condition set out in subsection 5(1) or (3), their obligation to comply with the unfulfilled condition is to survive the expiration or revocation of the licence. (5) A licence issued under these Regulations is not transferable. (6) If a licensee sells or otherwise disposes of or discontinues their business prior to the expiry of the licence, the licensee shall return the licence to CFC and CFC shall revoke the licence. SOR/2007-249, s. 3; SOR/2011-244, s. 2. Conditions of Licence 5 (1) Every licence, other than a market development licence or a specialty chicken licence, is issued subject to the following conditions: (a) the licensee must report to CFC and to the Commodity Board or person authorized by CFC, within seven days after the end of each week of marketing, the number of head and the aggregate weight of live chicken marketed by the licensee in interprovincial and export trade during that week, indicating (i) in the case of interprovincial trade, the province from which, and the province to which, the live chicken was marketed, (ii) in the case of export trade, the province from which, and the country to which, the live chicken was marketed, and (iii) the names and addresses of the persons from whom, and to whom, the live chicken was marketed; (b) within seven days after the licensee receives a document by which a number of kilograms of quota is allotted to the licensee, or by which a number of kilograms of chicken is otherwise authorized to be produced by the licensee, issued on behalf of CFC by the Commodity Board in the province where the licensee’s registered production facilities are located, the licensee must provide a copy of the document to CFC; Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Section 5 (c) the licensee must comply with all orders, regulations and rules of CFC and the provisions of the Farm Products Agencies Act; (d) the licensee must keep complete and accurate books on all matters relevant to the marketing of chicken, live or eviscerated, in interprovincial or export trade, and retain them for six years after the date of the last entry in them; (e) the licensee must not knowingly engage in the marketing of live chicken in interprovincial or export trade with persons who do not hold a licence issued under these Regulations; (f) the licensee must not knowingly engage in the marketing, in interprovincial or export trade, of live chicken not raised by producers authorized to market live chicken in interprovincial or export trade under quotas allotted in accordance with the Canadian Chicken Marketing Quota Regulations; (g) the licensee must not engage in the marketing of chicken in interprovincial or export trade in excess of the quota allotted on behalf of CFC to the licensee by the Commodity Board of the province in which the producer’s registered production facilities are located; (h) the licensee must not knowingly engage in the marketing of chicken with a producer who is marketing chicken in excess of the quota allotted on behalf of CFC to the producer by the Commodity Board of the province in which the producer’s registered production facilities are located; (i) the licensee must remit any levies imposed under sections 3 and 4 of the Canadian Chicken Marketing Levies Order; and (j) the licensee must comply, as determined by the appropriate board, with the marketing scheme of the Commodity Board and the orders, regulations and rules of the Commodity Board and the Board. (2) When a person who holds a transporter’s licence arrives at the premises of a processor, the person must, on request by an inspector of CFC, produce for inspection by the inspector a copy of the delivery receipt, bill of lading or any other document issued by that person at the time of loading in respect of the live chicken being transported at that time. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Section 5 (3) Every market development licence is issued subject to the following conditions: (a) the licensee must be a primary processor using slaughtering facilities that are subject to inspection under a federal Act or regulations made under a federal Act; (b) the licensee must submit a market development commitment form to CFC, or to any Commodity Board or person authorized by CFC, at least seven days before the day on which CFC allocates the quota for the period indicated in section 1 of the market development commitment form; (c) the licensee must not knowingly engage in the marketing, in interprovincial or export trade, of chicken not raised by producers authorized to market chicken in interprovincial or export trade under federal market development quotas allotted in accordance with the Canadian Chicken Marketing Quota Regulations; (d) during the market development commitment period, the licensee must market the total live weight equivalent of the number of kilograms of chicken indicated in section 1 of the market development commitment form — calculated by using the coefficients set out in column 2 of the table to section 1 of Schedule 2 — to the buyers, and for the end-uses, referred to in section 3 of that Schedule and, during that period, the licensee must receive, in respect of the chicken, a copy of the Market Development Policy Volume Confirmation letter issued to buyers by the Department of Foreign Affairs, Trade and Development, the Certificate of Inspection Covering Meat Products issued by the Canadian Food Inspection Agency or the Official Meat Inspection Certificate for fresh meat, meat by-products, meat food products and poultry products issued by that Agency; (e) the chicken marketed under the market development licence must be one of the product categories set out in column 1 of the table to section 1 of Schedule 2, must not be derived from mature chicken or spent fowl and must not be imported chicken; (f) sufficient information to allow CFC to determine that the licensee has complied with the conditions set out in paragraphs (d) and (e) must be provided by the licensee to CFC, or to any Commodity Board or person authorized by CFC to receive the information, within 21 days after each period that is described by paragraph (a), (b) or (c) of the definition market development commitment period in section 1 and included in the market development commitment period Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Section 5 during which chicken produced under the market development quota was marketed; (g) the licensee must comply with all orders, regulations and rules of CFC and the National Farm Products Council and with the provisions of the Farm Products Agencies Act; (h) the licensee must remit any levies imposed on the licensee under subsection 5(1) of the Canadian Chicken Marketing Levies Order; (i) within 21 days after each period (in this paragraph referred to as the reporting period) that is described by paragraph (a), (b) or (c) of the definition market development commitment period in section 1 and included in the market development commitment period during which chicken produced under the federal market development quota was marketed, the licensee must provide to CFC, or to any Commodity Board or person authorized by CFC, in respect of the chicken that was marketed under the licence during the reporting period, a report containing the following information, and the licensee must retain the documents relating to that information for six years after the date of the report: (i) a complete product description, (ii) the end-use product description, (iii) the identity of the purchaser, (iv) the province in which the chicken marketed was produced, (v) the date of marketing the chicken, (vi) the eviscerated weight in kilograms of the chicken marketed, (vii) the live weight equivalent in kilograms of the chicken marketed, and (viii) any other information relating to the marketing of the chicken by the licensee that CFC or any Commodity Board designated by CFC may direct; (i.01) the licensee must retain the following documents, which will be reviewed by CFC at the end of each period within the market development commitment period, for six years after the date of the last entry, and for purposes of the review, the licensee must, if requested, forward the following documents to the Commodity Board authorized by CFC: Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Section 5 (i) the Export Declaration in respect of any of the chicken that was marketed in export trade, (ii) the Certificate of Inspection Covering Meat Products or the Official Meat Inspection Certificate for fresh meat, meat by-products, meat food products and poultry products issued by the Canadian Food Inspection Agency in respect of the chicken, (iii) the bill of lading and, where applicable, the ship delivery slip for shipment of the chicken, (iv) the sales invoice of the licensee for the chicken marketed to buyers, (v) a copy of the Market Development Policy Volume Confirmation letter, if any, issued by the Department of Foreign Affairs, Trade and Development to each buyer of the chicken, (vi) a copy of each declaration, in the form set out in Schedule 3, that is received by the licensee in accordance with paragraph (4)(b), and (vii) any document with sufficient information to allow CFC to determine the dry weight and, by reference to section 1 of Schedule 2, the product categories of any chicken referred to in section 2 of the market development commitment form that has been marketed under a licence; (i.1) the licensee consents to the disclosure by the Department of Foreign Affairs, Trade and Development and by the Canada Border Services Agency to CFC of information to establish that chicken claimed by the licensee to meet the licensee’s market development commitment was not imported and then re-exported under an Import for Re-Export Program or a Duty Deferral Program; (j) the licensee must keep complete and accurate books on all matters relevant to the marketing of chicken in interprovincial or export trade, and retain them for six years after the date of the last entry in them; (k) any transfer of ownership or other disposition of the chicken marketed under the market development licence does not exempt the licensee from complying with this subsection; (l) the licensee must prepare and forward to CFC, or to any Commodity Board, or person, designated by CFC, on a monthly basis a report of inventory of stock that is to be marketed under the market development licence and that is held in storage by the licensee, in a form that is approved by CFC and that sets out the Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Section 5 total kilograms of chicken stored by the licensee in each province according to product categories; (m) on written request by CFC or any Commodity Board authorized by CFC, the licensee must provide originals of the documents listed in paragraph (i) and, except for subparagraphs (v) and (vi), the documents listed in paragraph (i.01). (4) For the purposes of paragraphs (3)(d), (e), (i) and (i.01), the licensee must have slaughtered the chicken that the licensee has claimed to have marketed against the licensee’s market development commitment, unless (a) the licensee purchased the chicken from another federally inspected primary processor who slaughtered the chicken; (a.1) [Repealed, SOR/2017-85, s. 1] (b) the primary processor from whom the licensee purchased the chicken does not claim the live weight equivalent of the number of kilograms of chicken against his or her own market development commitment under paragraph (3)(d), and has declared, in the form set out in Schedule 3, that the chicken is being claimed by the licensee to meet the licensee’s market development commitment and has sent a copy of the declaration within seven days after the day on which it is signed to CFC, the Commodity Board and the licensee. (5) A market development licence must not be issued in respect of imported chicken. (6) Imported chicken cannot be claimed by a market development licensee to meet the licensee’s market development commitments and only chicken produced in Canada is eligible to be marketed under a market development licence and can be used to meet the licensee’s market development commitment. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Section 5 (7) Every specialty chicken licence is issued subject to the following conditions: (a) the licensee must be a primary processor using slaughtering facilities that are subject to inspection under a federal or provincial Act or regulations made under a federal or provincial Act, or be a producer authorized to market specialty chicken in interprovincial or export trade under the Canadian Chicken Marketing Quota Regulations; (b) the licensee must submit a specialty chicken commitment form to CFC or any person authorized by CFC to receive the form, at least seven days before the day on which CFC allocates the quotas for the period indicated in section 1 of the specialty chicken commitment form; (c) the licensee must report to CFC, or to any person authorized by CFC to receive the report, and to the Commodity Board within seven days after the end of each week of marketing, the number of head and the aggregate weight of live specialty chicken marketed by the licensee in interprovincial and export trade during that week, indicating (i) in the case of interprovincial trade, the province from which, and the province to which, the live specialty chicken was marketed, (ii) in the case of export trade, the province from which, and the country to which, the live specialty chicken was marketed, (iii) in all cases, the names and addresses of the persons from whom, and to whom, the live specialty chicken was marketed, and (iv) the class of specialty chicken that was marketed; (d) the licensee must comply with all orders, regulations and rules of CFC and the National Farm Products Council and with the provisions of the Farm Products Agencies Act; (e) the licensee may only market specialty chicken of the class for which they have been issued a federal specialty chicken quota; (f) sufficient information to allow CFC to determine that the licensee has complied with the conditions set out in paragraph (e) must be provided by the licensee to CFC or to any person authorized by CFC to receive the information, within 21 days after each allocation period in the specialty chicken commitment form for Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Section 5 which the licensee committed to market specialty chicken; (g) the licensee must not trade, assign, rent, or otherwise transfer, or give as security for indebtedness, the right to market chicken for which a federal specialty chicken quota has been issued to that licensee; (h) the licensee must keep complete and accurate books on all matters relevant to the marketing of specialty chicken, live or eviscerated, in interprovincial or export trade, and retain them for six years after the date of the last entry in them; (i) the licensee must submit a specialty chicken commitment form to a Commodity Board according to the deadline fixed by that Board; (j) the licensee must not knowingly engage in the marketing of live specialty chicken in interprovincial or export trade with persons who do not hold a licence issued under these Regulations; (k) the licensee must not knowingly engage in the marketing, in interprovincial or export trade, of live specialty chicken not raised by producers authorized to market live specialty chicken in interprovincial or export trade under quotas allotted in accordance with the Canadian Chicken Marketing Quota Regulations; (l) the licensee must not knowingly engage in the marketing of specialty chicken in interprovincial or export trade in excess of the specialty chicken quota allotted on behalf of CFC to the licensee by the Commodity Board of the province in which the producer’s registered production facilities are located; (m) the licensee must not knowingly engage in the marketing of specialty chicken with a producer who is marketing specialty chicken in excess of the specialty chicken quota allotted on behalf of CFC to the producer by the Commodity Board of the province in which the producer’s registered production facilities are located; (n) the licensee must remit any levies imposed on the licensee under section 5.1 of the Canadian Chicken Marketing Levies Order; and (o) the licensee must comply, as determined by the appropriate board, with the marketing scheme of the Commodity Board and the orders, regulations and rules of the Commodity Board and the Board. SOR/2004-2, s. 2; SOR/2006-179, s. 1(F); SOR/2006-331, s. 1; SOR/2007-168, s. 1; SOR/ 2007-249, s. 4; SOR/2011-244, s. 3; SOR/2013-155, s. 1; SOR/2014-143, s. 2; SOR/ 2014-263, s. 2; SOR/2015-227, ss. 2, 8, 9(E); SOR/2017-85, s. 1. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Conditions of Licence Sections 5-8 6 The types of licences and the fees payable for their issuance are the following: (a) for a producer’s licence, $100; (b) for a producer-processor’s licence, $100; (c) for a processor’s licence, $100; (d) for a dealer’s’ licence, $100; (e) for a retailer’s licence, $100; (f) for a transporter’s licence, $100; (g) for a market development licence, $100; and (h) for a specialty chicken licence, $100. SOR/2007-249, s. 5; SOR/2014-143, s. 3. 7 If a person is engaged in marketing chicken in more than one capacity, the person must apply to CFC for a licence in respect of each capacity. Suspension, Revocation and Refusal to Issue or to Renew a Licence 8 (1) Subject to subsection (3), CFC may suspend a licence if the licensee (a) fails to comply with a condition of the licence; (b) is not in good standing with the Commodity Board or the Board; (c) fails to pay levies in accordance with the Canadian Chicken Marketing Levies Order; (d) is not in compliance with a quota allotted under the Canadian Chicken Marketing Quota Regulations; or (e) is not in compliance with the requirements set out in subsections 5(1) to (3) and (7). Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Suspension, Revocation and Refusal to Issue or to Renew a Licence Section 8 (1.1) and (1.2) [Repealed, SOR/2015-227, s. 3] (2) Subject to subsection (3), CFC may revoke a licence if (a) the licensee fails to comply with a condition of the licence; (b) the licensee is not in good standing with the Commodity Board or the Board; (c) the licence has been suspended for more than 90 days and either the suspension remains in effect or no new licence has been issued to the licensee; or (d) the licence has been suspended at least twice. (2.1) Subject to subsection (3), CFC may refuse to issue a licence or to renew a licence for (a) an applicant who previously held a licence that was suspended or revoked by CFC; (b) an applicant if any associate or affiliated body of the applicant fails to comply with a condition of a licence issued under these Regulations; or (c) an applicant who is not in good standing with the Commodity Board or the Board. (2.2) For the purposes of paragraphs (1)(b), 2(b) and (2.1)(c), an applicant or licensee is not in good standing if CFC has been notified in writing by the Commodity Board or the Board that (a) a licence issued by the Commodity Board or the Board to the applicant or licensee has been suspended and either the suspension remains in effect or no new licence has been issued to the applicant or licensee; (b) a licence issued by the Commodity Board or the Board to the applicant or licensee has been revoked and either the licence has not been renewed or no new licence has been issued to the applicant or licensee; or (c) the applicant or licensee, for any other reason, is not in good standing with the Commodity Board or the Board. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Suspension, Revocation and Refusal to Issue or to Renew a Licence Sections 8-9 (3) CFC shall not suspend, revoke or refuse to renew a market development licence if the licence holder establishes that the failure to comply with the conditions of the market development licence is due to an event that (a) was not reasonably foreseeable; (b) rendered it impossible, through no fault of the licensee, for the licensee to market the chicken for an end-use referred to in section 3 of Schedule 2; and (c) was beyond the control of the licensee. (4) CFC shall not suspend, revoke or refuse to renew a specialty chicken licence if the licence holder establishes that the failure to comply with the conditions of the specialty chicken licence is due to an event that (a) was not reasonably foreseeable; (b) rendered it impossible, through no fault of the licensee, for the licensee to market the specialty chicken in accordance with the conditions of the specialty chicken licence; and (c) was beyond the control of the licensee. SOR/2004-2, s. 3; SOR/2006-179, s. 2; SOR/2011-244, s. 4(E); SOR/2014-143, s. 4; SOR/ 2015-227, s. 3. 9 (1) If CFC intends to refuse to issue or renew a licence or to suspend or revoke a licence, CFC must give to the licensee or applicant, as the case may be, by personal service or registered mail addressed to him or her at his or her address recorded in the books of CFC, notice of its intention to refuse to issue or renew the licence or to suspend or revoke the licence, as the case may be. (2) The notice must set out the reasons on which CFC bases its intention and must fix a time of not less than 30 days after the service or mailing of the notice for the applicant or licensee to show cause why the licence should be issued or renewed or should not be suspended or revoked, as the case may be. (3) A decision on whether to refuse to issue or renew a licence or to suspend or revoke a licence is to be made by CFC taking into account the circumstances that gave rise to the intention referred to in subsection (1) and the representations, if any, made by the applicant or the licensee. (4) Despite subsections (1) to (3), a market development licence is to be automatically suspended if the holder fails to comply with subsection 11.2(3) of the Canadian Chicken Marketing Levies Order. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations Suspension, Revocation and Refusal to Issue or to Renew a Licence Sections 9-12 (5) Despite subsections (1) to (3), a specialty chicken licence is to be automatically suspended if the holder fails to comply with subsection 12.2(3) of the Canadian Chicken Marketing Levies Order. SOR/2006-179, s. 3; SOR/2011-244, s. 5; SOR/2014-143, s. 5. Repeal 10 [Repeal] 11 [Repealed, SOR/2007-249, s. 6] Coming into Force 12 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations SCHEDULE 1 SCHEDULE 1 (Section 1) Market Development Commitment Form Province: 1 As the holder of market development Licence No. issued by Chicken Farmers of Canada, requests the produc(Name of Primary Processor) kilograms of chicken (live weight tion of equivalent as calculated according to Schedule 2 to the Canadian Chicken Licensing Regulations) during period Afor planned marketing in accordance with the provisions of the Canadian Chicken Licensing Regulations. 2 commits to market (Name of Primary Processor) the total live weight equivalent of chicken requested (a) during the market development commitment period, which is the period that spans the following three periods: (i) the period referred to in section 1 of this form, (ii) the period that was a period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations and that immediately precedes the period referred to in section 1 of this form, and (iii) the period that becomes a period referred to in the schedule to the Canadian Chicken Marketing Quota Regulations and that immediately follows the period referred to in section 1 of this form; b) as one of the product categories set out in column 1 of the table to section 1 of Schedule 2 to the Canadian Chicken Licensing Regulations, not derived from mature chicken or spent fowl; and c) to the buyers, and for the end-uses, referred to in section 3 of Schedule 2 to the Canadian Chicken Licensing Regulations in the quantity specified below: kgs (on a dry weight basis). (Signature of Primary Processor) (Signature of CFC or CFC Designate) Date Current to June 20, 2022 Last amended on November 23, 2018 Date Canadian Chicken Licensing Regulations SCHEDULE 1 Date of receipt of this form by CFC or CFC Designate: SOR/2007-249, s. 7; SOR/2011-244, s. 6; SOR/2015-227, s. 4. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations SCHEDULE 2 SCHEDULE 2 (Paragraphs 5(3)(d) and (e), subparagraph 5(3)(i.01)(vii) and paragraph 8(3)(b)) 1 The following coefficients apply to the calculation of the live weight equivalent of chicken marketed: Column 1 Column 2 Full Live Weight Coefficient (%) Item Product Category Live birds Whole eviscerated birds without giblets Leg quarters Whole wings (3 joints) Bone-in breasts Boneless breasts Drums/thighs Boneless dark meat Split wings (2 joints) 2 The chicken meat component that is derived from mechanically separated meat and the meat that is processed by advanced meat recovery systems do not qualify in the calculation of the live weight equivalent in section 1 of this Schedule. 3 The chicken or its live weight equivalent must be marketed in interprovincial or export trade to any buyers and for any end-uses, except that if the chicken, or its live weight equivalent, that is in a product category set out in item 3, 7 or 8, column 1 of the table to section 1 is marketed in interprovincial trade, it must be marketed to a person who has been issued a Market Development Policy Volume Confirmation letter by the Department of Foreign Affairs, Trade and Development, for one or more end-uses specified in the letter. SOR/2007-249, s. 8; SOR/2011-244, s. 7(F); SOR/2013-155, s. 2; SOR/2015-227, ss. 5(F), 6. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations SCHEDULE 3 SCHEDULE 3 (Subparagraph 5(3)(i.01)(vi) and paragraph 5(4)(b)) Declaration declares that the following prod(Primary processor) ucts(s), slaughtered at our facility, has/have been purchased by and is/are being claimed by the purchaser to meet the purchaser’s market development commitment for period A: Date of Marketing CFIA1 Certificate Number, if applicable Product Marketed Canadian Food Inspection Agency Authorized Officer: (Signature) Name: Position: DATE: NOTES: 1 This form is to be prepared and signed by the primary processor. 2 Within seven (7) days after the day on which this form is signed, the primary processor must submit (a) Copy 1 to the Chicken Farmers of Canada, 1007-350 Sparks Street, Ottawa, ON K1R 7S8; (b) Copy 2 to the Commodity Board; and (c) Copy 3 to the processor claiming the product(s). 3 Copy 4 is to be retained by the primary processor for his or her own records. SOR/2007-249, s. 9; SOR/2015-227, s. 7. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations SCHEDULE 4 Classes of Specialty Chicken SCHEDULE 4 (Section 1) Classes of Specialty Chicken 1 Silkie Chicken Hong Kong TC Loong Kong TC Bradner Long Cycle TC Bradner Special Duals (Short Cycle TC) VSB Mt. Lehman Blue Leg Taiwanese Shondon TC 10 Frey’s Special Dual Purpose 11 Alberta Filipino Special Dual Note: Specialty chicken in classes 2 to 11 must be marketed with the head and feet attached. SOR/2014-143, s. 6; SOR/2014-263, s. 3; SOR/2018-244, s. 1. Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations SCHEDULE 5 SCHEDULE 5 (Section 1) Specialty Chicken ment Form CommitProvince: 1 As the holder of specialty chicken Licence No. issued by Chicken Farmers of Canada, (Name of Primary Processor or Producer) requests the production of the following classes and the amounts (in kilograms live weight) of specialty chicken during the allocation period A, for planned marketing in accordance with the Canadian Chicken Licensing Regulations: Class of Specialty Chicken Amount 2 (Name of Primary Processor or Producer) commits to market the requested classes and the amounts (in kilograms live weight) of specialty chicken during the allocation period A. 3 The applicant confirms that (select one of the following options): The applicant is a primary processor and arrangements are in place with producers to produce the requested product volume. The applicant is a producer and arrangements are in place with primary processors to process the requested product volume. (Signature of Primary Processor or Producer) (Signature of CFC or CFC Designate) Date Date Date of receipt of this form by CFC or CFC Designate: Current to June 20, 2022 Last amended on November 23, 2018 Canadian Chicken Licensing Regulations SCHEDULE 5 SOR/2014-143, s. 6; SOR/2014-263, s. 3. Current to June 20, 2022 Last amended on November 23, 2018
CONSOLIDATION Chrysler Canada Ltd. Regulations, 1982 SOR/82-926 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Insurance of Loans Made to Chrysler Canada Ltd., 1982 1 Short Title Interpretation Insurance Application for Insurance Payment of Insurance SCHEDULE Diesel Engines Current to June 20, 2022 ii Registration SOR/82-926 October 14, 1982 APPROPRIATION ACT NO. 1, 1980-81 APPROPRIATION ACTS Chrysler Canada Ltd. Regulations, 1982 P.C. 1982-3146 October 14, 1982 His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, Trade and Commerce, pursuant to Industry, Trade and Commerce Vote 1a of Appropriation Act No. 1, 1980-81, is pleased hereby to revoke the Chrysler Canada Ltd. Regulations made by Order in Council P.C. 1980-1621 of 13th June, 1980* and to make the annexed Regulations respecting the insurance of loans made to Chrysler Canada Ltd., 1982. * SOR/80-453, 1980 Canada Gazette Part II, p. 2214 Current to June 20, 2022 Regulations Respecting the Insurance of Loans Made to Chrysler Canada Ltd., 1982 Short Title 1 These Regulations may be cited as the Chrysler Canada Ltd. Regulations, 1982. Interpretation 2 In these Regulations, Chrysler Canada Ltd. means a company incorporated under that name under the laws of Canada and having its registered office in the City of Windsor in the Province of Ontario; (Chrysler Canada Ltée) Chrysler Corporation means a company incorporated under that name under the laws of the State of Delaware in the United States of America and having its head office in the City of Highland Park in the State of Michigan; (Chrysler Corporation) DCI Diesel Canada Inc. means a company incorporated under that name under the laws of Canada and in which the initial equity interest of Chrysler Canada Ltd. is 97% and of Perkins Engines Canada Ltd. is 3%; (DCI Diesel Canada Inc.) Minister means the Minister of Industry, Trade and Commerce; (ministre) private lender means any lender approved by the Minister other than (a) the Government of Canada, (b) the government of any province of Canada, (c) an agency of any government referred to in paragraph (a) or (b) or any company that, in the opinion of the Minister, is effectively controlled by any such government or any agency thereof, or (d) a municipal corporation. (prêteur privé) Current to June 20, 2022 Chrysler Canada Ltd. Regulations, 1982 Insurance Section 3 Insurance 3 (1) Subject to sections 4 and 5, the Minister may, pursuant to Industry, Trade and Commerce Vote 1a of Appropriation Act No. 1, 1980-81, provide insurance of any loans, not exceeding two hundred million dollars in the aggregate, made by a private lender to Chrysler Canada Ltd. (2) Any agreement to insure between Her Majesty in right of Canada and Chrysler Corporation, Chrysler Canada Ltd. and DCI Diesel Canada Inc. shall be in form and content satisfactory to the Minister and shall include the following conditions: (a) that the private lender pays Her Majesty an insurance fee of one per cent per annum based on the amount of insurance in effect from time to time; (b) that the insured loan is used (i) to the extent of $150 million maximum to provide for the conversion and retooling of the Windsor Assembly Plant into a van/wagon plant in the years 1983 and 1984 so as to produce a van/wagon for sale to the public in the autumn of 1983, and (ii) to the extent of $50 million maximum to finance the conversion, retooling and re-equipping of the Windsor Engine Plant into a diesel engine plant capable of producing 240,000 engines per year at straight time by December 31, 1985; (c) that any loan insurance agreement between Her Majesty and a private lender shall be entered into on or after January 1, 1983 but not later than September 1, 1984; (d) that the insured loan be repaid over a period of not more than five years commencing (i) in respect of the insured loan referred to in subparagraph (b)(i), on April 30, 1986, and (ii) in respect of the insured loan referred to in subparagraph (b)(ii), on December 31, 1986; (e) that Chrysler Canada Ltd. conducts its business in accordance with an Operating and Financing Plan approved by the Minister; (f) that the employment level of Chrysler Canada Ltd. and DCI Diesel Canada Inc. shall be, (i) nine per cent during the calendar years 1980 and 1981, Current to June 20, 2022 Chrysler Canada Ltd. Regulations, 1982 Insurance Section 3 (ii) at least 11 per cent during each calendar year commencing in the year 1982 and ending in the year 1986, and (iii) an average of at least 11 per cent for the calendar years 1987 and 1988 and in no case shall the employment be less than nine per cent in the calendar year 1987 or 1988, of the employment level of Chrysler Corporation in the United States for the same periods; (g) that the employment in the diesel engine plant located in the Windsor Engine Plant referred to in subparagraph (b)(ii) shall, subject to demonstrated productivity improvements and market factors, reach a level of 1,000 persons in 1988 and that such level shall be maintained until the later of 1990 and the repayment of the insured loan referred to in subparagraph (b)(ii); (h) that during the years 1980, 1981, 1982, 1983, 1984, 1985 and 1986, Chrysler Canada Ltd. shall invest a total of $821 million in the Windsor Assembly Plant, the Windsor Engine Plant referred to in paragraph (g) and its other Canadian operations; (i) that Chrysler Canada Ltd. reaches an agreement with its bankers on a restructuring of any loans outstanding and such restructuring shall provide that (i) any repayment of the principal outstanding is postponed until September 30, 1986 and is repayable in equal quarterly instalments over a period of five years commencing on that date, (ii) the principal outstanding referred to in subparagraph (i) does not accrue interest at more than 12.5 per cent per annum, and (iii) seven per cent of the interest referred to in subparagraph (ii) is deferred until the fourth anniversary of the date of the restructuring; (j) that Chrysler Canada Ltd. and DCI Diesel Canada Inc. enter into a trust indenture with The Canada Trust Company and a security sharing agreement with the private lenders, The Canada Trust Company, the Minister, Her Majesty in Right of Ontario and the Ontario Development Corporation, the combined effects of which will be (i) to secure, by way of a first charge on all the fixed and the non-fixed assets of Chrysler Canada Ltd. and DCI Diesel Canada Inc., Current to June 20, 2022 Chrysler Canada Ltd. Regulations, 1982 Insurance Section 3 (A) the restructured loans referred to in paragraph (i), (B) the insured loans referred to in paragraph (b), (C) the loans guaranteed by the Ontario Development Corporation in the amount of $33 million, (D) the repayable contributions made by the Ontario Development Corporation in the amount of $10 million, and (E) the repayable contributions made by Her Majesty in Right of Canada in the amount of $12 million, and (ii) to distribute the proceeds from the realization of (A) the fixed assets contained in the Pillette Road Plant in the following manner: (I) firstly, that the proceeds be used to reduce the insured loans to the extent of $50 million, (II) secondly, any of the proceeds be used to retire pari passu the restructured loans referred to in paragraph (i) and the insured loans referred to in paragraph (b), and (III) thirdly, any proceeds remaining be used to retire the debt guaranteed by the Ontario Development Corporation referred to in clause (i)(C) and the repayable contributions referred to in clauses (i)(D) and (E), (B) the fixed assets of Chrysler Canada Ltd., other than those referred to in clause (A), and of DCI Diesel Canada Inc. in the following manner: (I) firstly, that the proceeds be used to retire pari passu the restructured loans referred to in paragraph (i) and the insured loans referred to in paragraph (b), and (II) secondly, any remainder of the proceeds be used to retire the loans guaranteed by the Ontario Development Corporation referred to in clause (i)(C) and the repayable contributions referred to in clauses (i)(D) and (E), and (C) the non-fixed assets of Chrysler Canada Ltd. and DCI Diesel Canada Inc. in the following manner: Current to June 20, 2022 Chrysler Canada Ltd. Regulations, 1982 Insurance Section 3 (I) firstly, that the proceeds be used to retire pari passu the restructured loans referred to in paragraph (i), and (II) secondly, that any of the proceeds be used to retire the insured loans referred to in paragraph (b), the loans guaranteed by the Ontario Development Corporation referred to in clause (i)(C) and the repayable contributions referred to in clauses (i)(D) and (E); (k) that Chrysler Corporation grants Chrysler Canada Ltd. (i) an exclusive world-wide licence to produce the T115 van/wagons, such van/wagons to be manufactured in Canada, and (ii) an exclusive licence to market such van/wagons in Canada; (l) that Chrysler Corporation grants to DCI Diesel Canada Inc. an exclusive licence to manufacture, use and sell, commencing on January 1, 1983 and until the later of January 1, 1994 and the date of the repayment of the loan described in subparagraph (b)(ii), the diesel engines described in the schedule; (m) that Chrysler Corporation delivers to Her Majesty warrants to acquire 2,034,000 shares of Chrysler Corporation common stock of a par value of $6.25 U.S. per share at any time up to and including December 31, 1990 at $13.00 U.S. per share; (n) that the government of the United States has made a commitment to guarantee the payment of up to $1.5 billion U.S. in loans to Chrysler Corporation and Chrysler Corporation has drawn down loans in the amount of at least $1.2 billion U.S. pursuant to such commitment before the loan insurance agreement referred to in paragraph (c) comes into effect; (o) that Chrysler Canada Ltd. shall carry out its obligations with respect to the conversion, retooling and re-equipping of the Windsor Engine Plant referred to in subparagraph 3(2)(b)(ii) through DCI Diesel Canada Inc.; and (p) that Perkins Engines Canada Ltd., with the consent of Massey-Ferguson Ltd., Massey-FergusonPerkins Limited and Perkins Engines Ltd., enter into an agreement with the Minister to the effect that Perkins Engines Canada Ltd. will not use its shareholdings in DCI Diesel Canada Inc. to prevent DCI Diesel Canada Inc. from fulfilling the terms of any Current to June 20, 2022 Chrysler Canada Ltd. Regulations, 1982 Insurance Sections 3-5 agreement between the Minister, Chrysler Corporation, Chrysler Canada Ltd. and DCI Diesel Canada Inc. SOR/83-47, s. 1. Application for Insurance 4 (1) No insurance shall be provided to a private lender pursuant to section 3 unless that private lender has made an application for the insurance to the Minister. (2) Where a private lender makes an application referred to in subsection (1), he shall furnish the Minister with such information relating to the application as the Minister may require. Payment of Insurance 5 Where a private lender demands, prior to the maturity of a loan referred to in section 3 in respect of which the Minister has provided insurance pursuant to that section, repayment of the loan and the borrower does not repay the loan, the amount of such insurance payable to the private lender shall not exceed the lesser of (a) the amount of insurance in effect on the date of such demand, and (b) 100 per cent of the loss incurred by the private lender, after compliance with the terms and conditions of the loan insurance agreements including the provisions respecting security for the loan. Current to June 20, 2022 Chrysler Canada Ltd. Regulations, 1982 SCHEDULE Diesel Engines SCHEDULE (Section 3) Diesel Engines Indirect Injection Diesel Engines 1 3.7 Litre 6-cylinder Turbo (a) automotive version meeting U.S. federal and Canadian emission standards; (b) automotive version meeting California emission standards; (c) industrial version. 2 2.2 Litre 4-cylinder Turbo (a) automotive version meeting U.S. federal and Canadian emission standards; (b) industrial version. 3 2.2 Litre 4-cylinder Natural Aspiration (a) automotive version meeting federal U.S. and Canadian emission standards; (b) automotive version meeting California emission standards; (c) industrial version. 4 2.2 Litre 4-cylinder Turbo automotive version meeting California emission standards. Direct Injection Diesel Engines 5 2.2 Litre 4-cylinder Turbo industrial version. 6 2.2 Litre 4-cylinder Natural Aspiration industrial version. Current to June 20, 2022
CONSOLIDATION Civil Remedies (Trust and Loan Companies) Regulations SOR/2006-302 Current to June 20, 2022 Last amended on March 11, 2008 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 11, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 11, 2008 TABLE OF PROVISIONS Civil Remedies (Trust and Loan Companies) Regulations 1 Interpretation Civil Remedies Coming into Force SCHEDULE Current to June 20, 2022 Last amended on March 11, 2008 ii Registration SOR/2006-302 November 28, 2006 TRUST AND LOAN COMPANIES ACT Civil Remedies Regulations P.C. 2006-1427 (Trust and Loan Companies) November 28, 2006 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 276(1)a, (3)a and (6)a and 531(1)b of the Trust and Loan Companies Actc, hereby makes the annexed Civil Remedies (Trust and Loan Companies) Regulations. a S.C. 2005, c. 54, s. 422 b S.C. 2005, c. 54, s. 449 c S.C. 1991, c. 45 Current to June 20, 2022 Last amended on March 11, 2008 Civil Remedies (Trust and Loan Companies) Regulations Interpretation 1 In these Regulations, Act means the Trust and Loan Companies Act. Civil Remedies 2 For the purpose of paragraph 276(1)(d) of the Act, the prescribed percentage of voting rights attached to all of the trust and loan company’s outstanding shares is 10%. SOR/2008-88, s. 1(F). 3 For the purpose of subsection 276(3) of the Act, takeover bid means a take-over bid under any legislation that is set out in column 2 of the schedule. 4 For the purpose of paragraph 276(6)(c) of the Act, the prescribed circumstances are that the insider (a) entered into the purchase or sale of the security as an agent pursuant to a specific unsolicited order to purchase or sell; (b) made the purchase or sale of the security pursuant to participation in an automatic dividend reinvestment plan, share purchase plan or other similar automatic plan that the insider entered into before the acquisition of the confidential information; (c) made the purchase or sale of the security to fulfil a legally binding obligation that the insider entered into before the acquisition of the confidential information; or (d) purchased or sold the security as agent or trustee in the circumstances described in paragraph (b) or (c). Coming into Force 5 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on March 11, 2008 Civil Remedies (Trust and Loan Companies) Regulations SCHEDULE SCHEDULE (Section 3) TAKE-OVER BID Column 1 Column 2 Item Jurisdiction Legislation Ontario the definition take-over bid in subsection 89(1) of the Securities Act, R.S.O. 1990, c. S.5, as amended from time to time Quebec the definition take-over bid in section 110 of the Securities Act, R.S.Q., c. V-1.1, as amended from time to time Nova Scotia the definition take-over bid in paragraph 95(1)(l) of the Securities Act, R.S.N.S. 1989, c. 418, as amended from time to time New Brunswick the definition take-over bid in subsection 106(1) of the Securities Act, S.N.B. 2004, c. S-5.5, as amended from time to time Manitoba the definition take-over bid in subsection 80(1) of The Securities Act, C.C.S.M., c. S50, as amended from time to time British Columbia the definition take over bid in subsection 92(1) of the Securities Act, R.S.B.C. 1996, c. 418, as amended from time to time Saskatchewan the definition take-over bid in paragraph 98(1)(j) of The Securities Act, 1988, S.S. 1988-89, c. S-42.2, as amended from time to time Alberta the definition take-over bid in paragraph 158(1)(r) of the Securities Act, R.S.A. 2000, c. S-4, as amended from time to time Newfoundland and Labrador the definition take-over bid in paragraph 90(1)(l) of the Securities Act, R.S.N.L. 1990, c. S-13, as amended from time to time Yukon the definition take-over bid in section 196 of the Business Corporations Act, R.S.Y. 2002, c. 20, as amended from time to time Northwest Territories the definition take-over bid in section 196 of the Business Corporations Act, S.N.W.T. 1996, c. 19, as amended from time to time Nunavut the definition take-over bid in section 196 of the Business Corporations Act (Nunavut), S.N.W.T. 1996, c. 19, as amended from time to time Current to June 20, 2022 Last amended on March 11, 2008
CONSOLIDATION Critical Habitat of the Misty Lake Lotic Threespine Stickleback (Gasterosteus aculeatus) Order SOR/2018-209 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Misty Lake Lotic Threespine Stickleback (Gasterosteus aculeatus) Order 1 Application Coming into force Current to June 20, 2022 ii Registration SOR/2018-209 October 12, 2018 SPECIES AT RISK ACT Critical Habitat of the Misty Lake Lotic Threespine Stickleback (Gasterosteus aculeatus) Order Whereas the Misty Lake Lotic Threespine Stickleback (Gasterosteus aculeatus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Misty Lake Lotic Threespine Stickleback (Gasterosteus aculeatus) Order. Ottawa, October 11, 2018 Le ministre des Pêc Jonathan Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Misty Lake Lotic Threespine Stickleback (Gasterosteus aculeatus) Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Misty Lake Lotic Threespine Stickleback (Gasterosteus aculeatus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Credit Note and Debit Note Information (GST/HST) Regulations SOR/91-44 Current to June 20, 2022 Last amended on October 31, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on October 31, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on October 31, 2014 TABLE OF PROVISIONS Credit Note and Debit Note Information (GST/HST) Regulations 2 Interpretation Prescribed Information Current to June 20, 2022 Last amended on October 31, 2014 ii Registration SOR/91-44 December 18, 1990 EXCISE TAX ACT Credit Note and Debit Note Information (GST/HST) Regulations P.C. 1990-2754 December 18, 1990 His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsections 232(3)* and 277(1)* of the Excise Tax Act, is pleased hereby to make the annexed Regulations prescribing the information that is to be contained in a credit note. * S.C. 1990, c. 45, s. 12(1) Current to June 20, 2022 Last amended on October 31, 2014 Credit Note and Debit Note Information (GST/HST) Regulations 1 [Repealed, SOR/2014-248, s. 13] Interpretation [SOR/2000-179, s. 3(F)] 2 The definitions in this section apply in these Regulations. Act means the Excise Tax Act. (Loi) intermediary of a person, means, in respect of a supply, a registrant who, acting as agent of the person or under an agreement with the person, causes or facilitates the making of the supply by the person. (intermédiaire) SOR/2000-179, s. 4. Prescribed Information 3 For the purpose of paragraph 232(3)(a) of the Act, the following information is prescribed information that is to be contained in a credit note or a debit note, as the case may be, relating to one or more supplies: (a) a statement or other indication that the document in question is a credit note or a debit note; (b) the name of the supplier or an intermediary in respect of the supply, or the name under which the supplier or the intermediary does business, and the registration number assigned under section 241 of the Act to the supplier or the intermediary, as the case may be; (c) the recipient’s name, the name under which the recipient does business or the name of the recipient’s duly authorized agent or representative; (d) the date on which the credit note is issued; (e) if the note is issued in respect of a patronage dividend in circumstances in which subsection 233(2) of the Act applies, the amount of the adjustment, refund or credit of tax that the issuer of the dividend is deemed under paragraph 233(2)(b) of the Act to have made in respect of the supplies to which the dividend relates; and (f) except when paragraph (e) applies, Current to June 20, 2022 Last amended on October 31, 2014 Credit Note and Debit Note Information (GST/HST) Regulations Prescribed Information Section 3 (i) if the note is issued for a total amount that includes the amount by which the consideration for one or more taxable supplies (other than zero-rated supplies), and the tax calculated thereon, have been reduced, (A) the amount of the adjustment, refund or credit of tax that is included in that total, or (B) all of the following, namely, (I) a statement to the effect that that total includes the adjustment, refund or credit of tax, (II) the total (in this clause referred to as the “total tax rate”) of the rates at which tax was paid or payable in respect of each of the taxable supplies that is not a zero-rated supply and for which there is a reduction in tax, and (III) either the total reduction of consideration and tax in respect of each such supply or the total reduction of consideration and tax in respect of all such supplies to which the same total tax rate applies, and (ii) in any other case, the amount of the adjustment, refund or credit of tax for which the note is issued. SOR/2000-179, s. 5; SOR/2014-248, s. 14. Current to June 20, 2022 Last amended on October 31, 2014 Credit Note and Debit Note Information (GST/HST) Regulations RELATED PROVISIONS RELATED PROVISIONS — SOR/2000-179, s. 6 6 (1) Sections 1 and 2 and subsections 5(1), (3) and (5) are deemed to have come into force on December 31, 1990, except that, before April 1997, the reference to “(GST/HST)” in section 1 of the Regulations, as enacted by section 2, shall be read as a reference to “(GST)”. (2) Sections 3 and 4 are deemed to have come into force on April 24, 1996. (3) Subsection 5(2) applies in relation to supplies made after April 23, 1996. (4) Subsections 5(4) and (6) apply to credit notes and debit notes issued after March 1997 except that, in relation to credit or debit notes issued before February 1998, clause 3(f)(i)(B) of the Regulations, as enacted by subsection 5(6), shall be read as follows: (B) a statement to the effect that that total includes the adjustment, refund or credit of tax, and Current to June 20, 2022 Last amended on October 31, 2014
CONSOLIDATION Commission for Environmental Cooperation (Executive Director) Remission Order (Part IX of the Excise Tax Act) SI/99-80 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Commission for Environmental Cooperation (Executive Director) Remission Order (Part IX of the Excise Tax Act) 1 Interpretation Remission Current to June 20, 2022 ii Registration SI/99-80 August 18, 1999 FINANCIAL ADMINISTRATION ACT Commission for Environmental Cooperation (Executive Director) Remission Order (Part IX of the Excise Tax Act) P.C. 1999-1333 July 28, 1999 His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Finance, pursuant to subsection 23(2)a of the Financial Administration Act, hereby makes the annexed Commission for Environmental Cooperation (Executive Director) Remission Order (Part IX of the Excise Tax Act). a S.C. 1991, c. 24, s. 7(2) Current to June 20, 2022 Commission for Environmental Cooperation (Executive Director) Remission Order (Part IX of the Excise Tax Act) Interpretation 1 The definitions in this section apply in this Order. Commission means the Commission for Environmental Cooperation established by Article 8(1) of the North American Agreement on Environmental Cooperation between the Government of Canada, the Government of the United States of America and the Government of the United Mexican States that was concluded on September 14, 1993, and that came into force on January 1, 1994. (Commission) tax means the tax imposed under Part IX of the Excise Tax Act. (taxe) Remission 2 Remission is hereby granted to the Executive Director of the Commission of tax in an amount equal to the amount by which (a) the tax paid by the Executive Director of the Commission during the period beginning on September 4, 1994 and ending on September 22, 1997 exceeds (b) the tax that would have been payable by the Executive Director of the Commission in respect of the period if the Executive Director of the Commission had been granted the exemptions comparable to those accorded in Canada under the Vienna Convention to diplomatic agents. Current to June 20, 2022
CONSOLIDATION Communications Security Establishment Appointments Regulations C.R.C., c. 1341 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting the Appointment of Persons to the Communications Security Establishment of the Department of National Defence 1 Short Title Appointments Current to June 20, 2022 ii CHAPTER 1341 PUBLIC SERVICE EMPLOYMENT ACT Communications Security Appointments Regulations Establishment Regulations Respecting the Appointment of Persons to the Communications Security Establishment of the Department of National Defence Short Title 1 These Regulations may be cited as the Communications Security Establishment Appointments Regulations. Appointments 2 The Deputy Minister of National Defence may appoint such persons as he deems proper to the Communications Security Establishment of the Department of National Defence. Current to June 20, 2022
CONSOLIDATION CPTPP Rules of Origin Regulations SOR/2018-221 Current to June 20, 2022 Last amended on December 30, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 30, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 30, 2018 TABLE OF PROVISIONS CPTPP Rules of Origin Regulations 1 Rules of Origin *2 Coming into Force Current to June 20, 2022 Last amended on December 30, 2018 ii Registration SOR/2018-221 October 30, 2018 CUSTOMS TARIFF CPTPP Rules of Origin Regulations P.C. 2018-1323 October 29, 2018 Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(2)a of the Customs Tariffb, makes the annexed CPTPP Rules of Origin Regulations. a S.C. 2001, c. 28, s. 34(1) b S.C. 1997, c. 36 Current to June 20, 2022 Last amended on December 30, 2018 CPTPP Rules of Origin Regulations Rules of Origin 1 (1) The following provisions of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership have the force of law in Canada: (a) Articles 3.1 to 3.18; (b) Annex 3-C; (c) Annex 3-D, including Appendix 1; (d) paragraphs 1 to 9 of Article 4.2; and (e) Annex 4-A, including Appendix 1. (2) Despite paragraph (1)(c), between Canada and Australia and between Canada and Malaysia, for the purposes of determining whether a good of heading 87.03 qualifies as originating, the applicable product-specific rule of origin is (a) a change to a good of subheading 87.03 from any other heading; or (b) no change in the tariff classification required for a good of heading 87.03, provided there is a regional value content of not less than (i) 40%, under the net cost method, or (ii) 50%, under the build-down method. Coming into Force 2 These Regulations come into force on the day on which section 43 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act, chapter 23 of the Statutes of Canada 2018 comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * * [Note: Regulations in force December 30, 2018, see SI/2018-101 and SI/2018-108.] Current to June 20, 2022 Last amended on December 30, 2018
CONSOLIDATION Commissioner’s Standing Orders (Qualifications) [Repealed, SOR/2014-293, s. 11] Current to June 20, 2022 Last amended on November 28, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 28, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 28, 2014 TABLE OF PROVISIONS Rules Respecting Qualifications for Appointment of a Member, other than an Officer, in the Royal Canadian Mounted Police Current to June 20, 2022 Last amended on November 28, 2014 ii
CONSOLIDATION Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-law SOR/94-142 Current to June 20, 2022 Last amended on January 1, 2011 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 1, 2011. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 1, 2011 TABLE OF PROVISIONS By-Law Prescribing the Practices of Member Institutions Warranting a Premium Surcharge Short Title Practices Current to June 20, 2022 Last amended on January 1, 2011 ii Registration SOR/94-142 January 31, 1994 CANADA DEPOSIT INSURANCE CORPORATION ACT Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-law The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraph 11(2)(g)* and subsection 25.1(1)** of the Canada Deposit Insurance Corporation Act, hereby makes the annexed Bylaw prescribing the practices of member institutions warranting a premium surcharge. January 31, 1994 * R.S., c. 18 (3rd Supp.), s. 51 ** R.S., c. 18 (3rd Supp.), s. 59 Current to June 20, 2022 Last amended on January 1, 2011 By-Law Prescribing the Practices of Member Institutions Warranting a Premium Surcharge Short Title 1 This By-law may be cited as the Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge By-law. Practices 2 (1) A practice that warrants a premium surcharge is any act or omission of a member institution that results in the member institution (a) failing to comply with subsection 8(2) of the policy of deposit insurance, as prescribed by section 1 of the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law and as set out in the schedule to that By-law, that requires the member institution to have the practices and controls referred to in that subsection; (b) failing to comply with one or more provisions of the policy of deposit insurance, as prescribed by section 1 of the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law and as set out in the schedule to that By-law, that require the member institution to provide the Corporation with the information specified in that policy; (c) failing to comply with section 24 of the policy of deposit insurance, as prescribed by section 1 of the Canada Deposit Insurance Corporation Deposit Insurance Policy By-law and as set out in the schedule to that By-law, that requires the member institution to prepare and maintain the records specified in that section and to retain those records for the period of time specified in that section; (d) failing to comply with one or more provisions of a relevant statute described in subsection (2) that relate to the objects of the Corporation set out in section 7 of the Canada Deposit Insurance Corporation Act and that impose a duty on the member institution in respect of any of the following matters, namely, (i) corporate governance, (ii) preparation and filing of financial statements, Current to June 20, 2022 Last amended on January 1, 2011 Canada Deposit Insurance Corporation Prescribed Practices Premium Surcharge Bylaw Practices Section 2 (iii) business and powers, (iv) investments, (v) capital and liquidity, and (vi) self-dealing; (e) failing to fulfil the terms of any undertaking given by the member institution to the Corporation; or (f) failing to comply with one or more provisions of the Canada Deposit Insurance Corporation Data and System Requirements By-law. (2) For the purposes of paragraph (1)(d), relevant statute means (a) in the case of a federal member institution that is a bank, the Bank Act; (b) in the case of a federal member institution that is a trust or loan company, the Trust and Loan Companies Act; (b.1) in the case of a federal member institution that is an association, the Cooperative Credit Associations Act; and (c) in the case of a provincial member institution, the provincial Act that authorizes the member institution to accept deposits within the meaning of the Canada Deposit Insurance Corporation Act. SOR/2001-299, s. 39; SOR/2005-117, s. 1; SOR/2008-294, s. 1; SOR/2010-293, s. 1. Current to June 20, 2022 Last amended on January 1, 2011
CONSOLIDATION Contractor and Homeowner Course Registration Fees Order SOR/84-156 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Order Prescribing the Fees To Be Paid in Respect of a Contractor and Homeowner Course Offered as Part of a Program Established Pursuant to the Urea Formaldehyde Insulation Act 1 Short Title Fees Current to June 20, 2022 ii Registration SOR/84-156 February 7, 1984 FINANCIAL ADMINISTRATION ACT Contractor and Homeowner Course Registration Fees Order The Minister of Consumer and Corporate Affairs, pursuant to paragraph 13(b) of the Financial Administration Act and Order in Council P.C. 1984-324 of 2nd February, 1984*, hereby makes the annexed Order prescribing the fees to be paid in respect of a Contractor and Homeowner Course offered as part of a program established pursuant to the Urea Formaldehyde Insulation Act**. Ottawa, February 6, 1984 JUDY EROLA Minister of Consumer and Corporate Affairs * SI/84-35, 1984 Canada Gazette Part II, p. 970 ** S.C. 1980-81-82-83, c. 119 Current to June 20, 2022 Order Prescribing the Fees To Be Paid in Respect of a Contractor and Homeowner Course Offered as Part of a Program Established Pursuant to the Urea Formaldehyde Insulation Act Short Title 1 This Order may be cited as the Contractor and Homeowner Course Registration Fees Order. Fees 2 The fee payable by a person who applies for registration in the course in respect of contractors and homeowners offered as part of a program established pursuant to the Urea Formaldehyde Insulation Act shall be as follows: (a) Contractor’s enrolment fee .......................... $ 20.00 (b) Training Package (Homeowners and Contractors) ........................................................................25.00 (c) Course fee (Contractors only) ........................100.00 (d) Re-examination fee (Contractors only) .......... 15.00 (e) Contractor’s registration fee ..........................195.00 Current to June 20, 2022
CONSOLIDATION Customs Sufferance Warehouses Regulations SOR/86-1065 Current to June 20, 2022 Last amended on May 6, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 6, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 6, 2015 TABLE OF PROVISIONS Regulations Respecting Customs Sufferance Warehouses 1 Short Title Interpretation PART I Licensing of Sufferance Warehouses 3 Issuance of Licence Security Licence Fees Amendment of Licence Cancellation or Suspension of Licence Reinstatement of Licence PART II Operation of Sufferance Warehouses 11 Facilities, Equipment and Personnel Operation and Maintenance Standards Receipt and Refusal of Goods Time Limits Alteration of Goods Current to June 20, 2022 Last amended on May 6, 2015 ii Registration SOR/86-1065 November 6, 1986 CUSTOMS ACT Customs Sufferance Warehouses Regulations P.C. 1986-2485 November 6, 1986 Whereas, pursuant to subsection 164(3) of the Customs Act*, a copy of proposed Regulations respecting customs sufferance warehouses, substantially in the form annexed hereto, was published in the Canada Gazette Part I on April 26, 1986 and a reasonable op‐ portunity was thereby afforded to interested persons to make representations to the Minister of National Revenue with respect hereto; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to section 30, subsec‐ tion 37(1), paragraphs 164(1)(i) and (j) and sec‐ tion 166 of the Customs Act*, is pleased hereby to make the annexed Regulations respecting customs sufferance warehouses, effective the day that section 30, subsection 37(1), paragraphs 164(1)(i) and (j) and section 166 of the Customs Act* come into force. * S.C. 1986, c. 1 Current to June 20, 2022 Last amended on May 6, 2015 Regulations Respecting Customs Sufferance Warehouses Short Title 1 These Regulations may be cited as the Customs Sufferance Warehouses Regulations. Interpretation 2 In these Regulations, Act means the Customs Act; (Loi) applicant means a person who applies for a licence; (demandeur) carrier means a person who, pursuant to the Transportation of Goods Regulations, is authorized to transport goods or to cause goods to be transported; (transitaire) chief officer of customs, with respect to a sufferance warehouse or a proposed sufferance warehouse, means the manager of the customs office or customs offices that serve the area in which the sufferance warehouse is located or is proposed to be located; (agent en chef des douanes) Department [Repealed, SOR/2005-211, s. 1] excise warehouse licensee has the same meaning as in section 2 of the Excise Act, 2001; (exploitant agréé d’entrepôt d’accise) firearm has the same meaning as in section 2 of the Criminal Code; (arme à feu) licence means a licence to operate a place as a sufferance warehouse; (agrément) licensee means a person to whom a licence has been issued. (exploitant) prohibited ammunition has the same meaning as in subsection 84(1) of the Criminal Code; (munitions prohibées) prohibited device has the same meaning as in subsection 84(1) of the Criminal Code; (dispositif prohibé) Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations Interpretation Sections 2-3 prohibited weapon has the same meaning as in subsection 84(1) of the Criminal Code; (arme prohibée) restricted weapon has the same meaning as in subsection 84(1) of the Criminal Code; (arme à autorisation restreinte) special container has the same meaning as in section 2 of the Excise Act, 2001; (contenant spécial) SOR/96-152, s. 1; SOR/2005-211, s. 1. PART I Licensing of Sufferance Warehouses Issuance of Licence 3 (1) Subject to subsection (3), the Minister may, where the Minister deems it necessary or desirable to do so, issue a licence to any person who makes an application for a licence in accordance with subsection (2), gives such security as may be required under section 4 and pays the fees required under section 5. (2) Any person who wishes to apply for a licence, shall submit a completed application therefor in the prescribed form, together with a detailed plan of the proposed sufferance warehouse, to the chief officer of customs. (2.1) The plan referred to in subsection (2) must indicate (a) whether the place proposed to be operated as a sufferance warehouse exists or is to be constructed; (b) the type of construction of the place, whether or not it already exists; and (c) the area, within the place, that is to be used for the storage of goods. (3) The Minister shall not issue a licence to an applicant unless (a) the applicant is of good character; (b) [Repealed, SOR/95-177, s. 1] (c) the applicant has sufficient financial resources to enable him to provide the facilities, equipment, personnel and services required under sections 11 to 13 and to lease or purchase the proposed sufferance warehouse; Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART I Licensing of Sufferance Warehouses Issuance of Licence Sections 3-4 (d) the volume and nature of business in the area in which the applicant proposes to operate a sufferance warehouse is such that a sufferance warehouse is needed to serve the importers in that area; (e) the site of the proposed sufferance warehouse is within a reasonable distance from major transportation routes and a customs office; (f) the proposed sufferance warehouse contains adequate space for the storage of imported goods; (g) the structure of the proposed sufferance warehouse will be suitable for the operation of a sufferance warehouse; and (h) the Agency is able to provide customs services with respect to the proposed sufferance warehouse. (4) [Repealed, SOR/95-177, s. 1] SOR/88-85, s. 1(F); SOR/95-177, s. 1; SOR/96-38, s. 1; SOR/2005-211, s. 6. Security 4 (1) An applicant shall, before a licence is issued to the applicant, give security in an amount determined by the Minister. (2) The Minister may at any time require a licensee to increase the amount of security given under subsection (1) to an amount sufficient to ensure the payment of any duties payable in respect of goods stored in the sufferance warehouse. (3) The security given under subsection (1) shall be deposited with the chief officer of customs and shall be in the form of (a) cash; (b) a certified cheque; (c) a transferable bond issued by the Government of Canada; or (d) a bond issued by (i) a company that is licensed or otherwise authorized under the laws of Canada or of a province to carry on the fidelity or surety class of insurance business and that is recommended to the Treasury Board by the Office of the Superintendent of Financial Institutions as a company whose bonds may be accepted by the Government of Canada, Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART I Licensing of Sufferance Warehouses Security Sections 4-6 (ii) a member of the Canadian Payments Association referred to in section 4 of the Canadian Payments Association Act, (iii) a corporation that accepts deposits insured by the Canada Deposit Insurance Corporation or the Régie de l’assurance-dépôts du Québec to the maximum amounts permitted by the statutes under which those institutions were established, (iv) a credit union as defined in subsection 137(6) of the Income Tax Act, or (v) a corporation that accepts deposits from the public, if repayment of the deposits is guaranteed by Her Majesty in right of a province. SOR/91-274, Part III; SOR/95-177, s. 2; SOR/96-38, s. 2; SOR/2001-197, s. 5. Licence Fees 5 (1) Every licensee shall pay to the chief officer of customs the following fees in respect of the licence: (a) $500 for the period beginning on the day on which the licence is issued and ending on March 31 in the same fiscal year; and (b) $500 for each fiscal year of operation after the period referred to in paragraph (a) that begins during the term of the licence. (1.1) Where a licence is issued on or after October 1 in a fiscal year, the fee payable under subsection (1) for that fiscal year is reduced by 50 per cent. (2) The fee for a period referred to in paragraph (1)(a) or subsection (1.1) shall be paid on or before the day on which the licence is issued and the fee for each fiscal year referred to in paragraph (1)(b) shall be paid on or before April 1 in that fiscal year. (3) For the purposes of this section, fiscal year means the period beginning on April 1 and ending on the 31st day of March next following. SOR/92-187, s. 1; SOR/95-177, s. 3; SOR/96-152, s. 2. Amendment of Licence 6 (1) The Minister may amend a licence only for the following purposes: (a) subject to subsection (2), (i) to change a restriction specified in the licence regarding the classes of goods that may be received Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART I Licensing of Sufferance Warehouses Amendment of Licence Sections 6-8 in the sufferance warehouse in respect of which the licence was issued, or to specify such a restriction, and (ii) to change the circumstances specified in the licence in which goods may be received in the sufferance warehouse, or to specify such circumstances; or (b) to change the name of the licensee, where the name of the licensee is changed. (2) The Minister may amend a licence for the purposes set out in subparagraph (1)(a)(i) or (ii) only where he gives to the licensee 90 days notice of the proposed amendment. Cancellation or Suspension of Licence 7 The Minister may cancel a licence where the licensee (a) no longer owns or leases the place that is licensed as a sufferance warehouse; (b) requests the Minister in writing to cancel the licence; or (c) is bankrupt. 8 (1) Subject to section 9, the Minister may suspend or cancel a licence where the licensee (a) is the subject of a receivership in respect of his debts; (b) fails to comply with any Act of Parliament, or any regulation made pursuant thereto, that prohibits, controls or regulates the importation or exportation of goods; (c) [Repealed, SOR/95-177, s. 4] (d) has, in the course of his operation of the sufferance warehouse, acted dishonestly in his business dealings with customs brokers, importers, carriers, Her Majesty or servants of Her Majesty; or (e) has been incompetent in the operation of the sufferance warehouse. (2) Subject to section 9, the Minister may cancel a licence where Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART I Licensing of Sufferance Warehouses Cancellation or Suspension of Licence Sections 8-11 (a) the volume of goods being received in the sufferance warehouse is no longer sufficient to warrant the continued operation; (b) there is no longer a need for a sufferance warehouse in the area in which the sufferance warehouse is located; or (c) the Agency is no longer able to provide customs services with respect to the sufferance warehouse. SOR/95-177, s. 4; SOR/2005-211, s. 6. 9 (1) The Minister shall, immediately after suspending a licence, give to the licensee a notice confirming the suspension and providing all relevant information concerning the grounds on which the Minister has suspended the licence. (2) The licensee may, within 90 days after the day on which the licence is suspended, make representations to the Minister regarding why the licence should be reinstated. (3) The Minister shall, before cancelling a licence under section 8, give the licensee 90 days notice of the proposed cancellation and provide the licensee with all relevant information concerning the grounds on which the Minister proposes to cancel the licence. (4) The licensee may, within 90 days after the day on which the notice referred to in subsection (3) is given, make representations to the Minister regarding why the licence should not be cancelled. SOR/95-177, s. 5; SOR/96-152, s. 3. Reinstatement of Licence 10 The Minister may reinstate a suspended licence where the Minister is satisfied that the cause for the suspension no longer exists. PART II Operation of Sufferance Warehouses Facilities, Equipment and Personnel [SOR/96-38, s. 3] 11 (1) Every licensee shall provide, at the sufferance warehouse in respect of which his licence was issued (a) washroom facilities and offices for the use of officers, and the heat, light and cleaning services Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART II Operation of Sufferance Warehouses Facilities, Equipment and Personnel Sections 11-12 necessary for those facilities and offices, where so requested by the chief officer of customs; (b) adequate space for the examination of imported goods by officers; (c) the personnel and equipment necessary to ensure that the goods to be examined by an officer are made available to the officer for examination; (d) a detention compound or parking area for the storage of imported goods that are held in a conveyance, where so requested by the chief officer of customs; and (e) facilities, equipment and personnel sufficient to control access to the sufferance warehouse and provide secure storage of the goods stored in it, including (i) doors and other building components of sturdy construction, (ii) secure locks on doors and windows, (iii) signs that indicate the security requirements applicable to the premises, and (iv) where the sufferance warehouse will be used for the storage of designated goods, such additional facilities and equipment as may be required to ensure the secure storage of those goods. (2) Where a sufferance warehouse is restricted by the terms and conditions of its licence to the receipt of goods arriving by motor vehicles used for commercial purposes, the licensee may lease space to any carrier who has requested space for his exclusive use in the operation of a separate sufferance warehouse. SOR/95-177, s. 6; SOR/96-38, s. 4. Operation and Maintenance Standards 12 (1) Every licensee shall ensure that the goods received in the sufferance warehouse are stored safely and securely in the area designated for that purpose in the plan referred to in subsection 3(2). (2) No person, other than the licensee, an employee of the licensee or an employee of a carrier engaged in the delivery of goods to or the removal of goods from the sufferance warehouse, shall enter any place in it where Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART II Operation of Sufferance Warehouses Operation and Maintenance Standards Sections 12-14 goods are stored, without the written authorization or the attendance of an officer. (3) Every licensee shall have in place (a) procedures to maintain the security of, and restrict access to, the sufferance warehouse; and (b) procedures to ensure that personnel working in the sufferance warehouse are aware of and follow the procedures referred to in paragraph (a). SOR/96-38, s. 5; SOR/2005-211, s. 2(F). 13 (1) Every licensee shall make a schedule of the charges payable for the services offered by the licensee and shall make the schedule available for examination by any person who requests to see it. (2) Any facilities, services, personnel and equipment provided by a licensee to an officer under any of paragraphs 11(1)(a) to (c) shall be provided free of charge. SOR/95-177, s. 7. Receipt and Refusal of Goods [SOR/95-519, s. 4] 14 (1) Every licensee shall acknowledge the receipt of goods in the sufferance warehouse by electronic means. (2) However, if the goods were transported to Canada by or on behalf of a courier and will be released under subsection 32(4) of the Act before the accounting required under subsection 32(1) of the Act and the payment of duties, the licensee shall acknowledge the receipt of the goods in the sufferance warehouse by (a) endorsing the bill of lading, waybill or similar document presented by the carrier; (b) endorsing the customs document on which the goods were reported under the Reporting of Imported Goods Regulations; or (c) issuing a transfer document to the carrier. (3) For the purposes of subsection (2), courier has the same meaning as in section 2 of the Persons Authorized to Account for Casual Goods Regulations. SOR/2015-90, s. 21. Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART II Operation of Sufferance Warehouses Receipt and Refusal of Goods Sections 14.1-15 14.1 A licensee may refuse goods that are brought to the sufferance warehouse for safe-keeping when the storage of the goods is requested by or on behalf of a person who has an unpaid account for storage fees at the sufferance warehouse. SOR/95-519, s. 4. 14.2 [Repealed, SOR/2005-211, s. 3] Time Limits 15 (1) Subject to subsections (2) to (4.1), if goods in a sufferance warehouse have not been removed from the sufferance warehouse within 40 days after the day on which the goods were reported under section 12 of the Act, the goods may, at the end of that limitation period, be deposited in a place of safe-keeping as provided for in subsection 37(1) of the Act. (2) Where perishable goods in a sufferance warehouse have not been removed therefrom within four days after the day on which they were reported under section 12 of the Act, the goods may be deposited in a place of safekeeping as provided for in subsection 37(1) of the Act. (3) Where goods in a sufferance warehouse are prescribed substances within the meaning of the Atomic Energy Control Act or prescribed items within the meaning of the Atomic Energy Control Regulations and have not been removed therefrom within 14 days after the day on which the goods were reported under section 12 of the Act, the goods may be deposited in a place of safe-keeping as provided for in subsection 37(1) of the Act. (4) For the purposes of subsection 39.1(1) of the Act, firearms, prohibited ammunition, prohibited devices, prohibited or restricted weapons and tobacco products are goods of a prescribed class that are forfeit if they are not removed from a sufferance warehouse within 14 days after the day on which they were reported under section 12 of the Act. (4.1) For the purposes of subsection 39.1(1) of the Act, spirits are goods of a prescribed class that are forfeit if they are not removed from a sufferance warehouse within 21 days after the day on which they were reported under section 12 of the Act. Current to June 20, 2022 Last amended on May 6, 2015 Customs Sufferance Warehouses Regulations PART II Operation of Sufferance Warehouses Time Limits Sections 15-17 (5) Every licensee shall provide the Agency with a list of all goods not removed from the sufferance warehouse within the time limit prescribed in subsection (1), (2), (3), (4) or (4.1), as the case may be, on the first business day following the end of that period. SOR/95-519, s. 4; SOR/96-38, s. 6; SOR/96-152, s. 4; SOR/2005-211, ss. 4, 7(E). 16 [Repealed, SOR/96-38, s. 7] Alteration of Goods 17 Every licensee shall ensure that goods are manipulated, unpacked, packed, altered or combined with other goods while in a sufferance warehouse only for the purpose of (a) stamping the goods, if the goods consist of imported raw leaf tobacco or imported tobacco products that are placed in the sufferance warehouse in accordance with section 39 of the Excise Act, 2001; (b) marking the goods, if the goods consist of special containers of spirits or wine, imported by an excise warehouse licensee, that are placed in the sufferance warehouse in accordance with section 80 or 85 of the Excise Act, 2001; or (c) marking the goods, if the goods consist of goods in respect of which any regulations made under paragraph 19(1)(a) of the Customs Tariff apply. SOR/88-85; SOR/96-152, s. 5; SOR/98-53, s. 9; SOR/2002-131, s. 1; SOR/2005-211, s. 5. Current to June 20, 2022 Last amended on May 6, 2015
CONSOLIDATION Carriages and Strollers Regulations [Repealed, SOR/2016-167, s. 16] Current to June 20, 2022 Last amended on June 22, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 22, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 22, 2016 TABLE OF PROVISIONS Regulations Respecting the Advertising, Sale and Importation of Carriages and Strollers for Infants and Children Current to June 20, 2022 Last amended on June 22, 2016 ii
CONSOLIDATION Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act SOR/2014-91 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act 1 Definitions Aquaculture, pests and invasive species Aquatic research Other subject matters Additional conditions Coming into force Current to June 20, 2022 ii Registration SOR/2014-91 April 11, 2014 FISHERIES ACT Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act P.C. 2014-435 April 10, 2014 His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans and the Minister of the Environment, pursuant to subsection 36(5.1)a of the Fisheries Actb, makes the annexed Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act. a S.C. 2012, c. 19, s. 143(2) b R.S., c. F-14 Current to June 20, 2022 Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act Definitions 1 (1) The following definitions apply in these Regulations. Act means the Fisheries Act. (Loi) biochemical oxygen-demanding matter means any organic matter that contributes to the consumption of oxygen that is dissolved in waters or sediment. (matière exerçant une demande biochimique en oxygène) Procedure for pH Stabilization EPS 1/RM/50 means the Procedure for pH Stabilization During the Testing of Acute Lethality of Wastewater Effluent to Rainbow Trout (EPS 1/RM/50), March 2008, published by the Department of the Environment, as amended from time to time. (procédure de stabilisation du pH SPE 1/RM/50) Reference Method EPS 1/RM/13 means the Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition), December 2000 (with May 2007 amendments), published by the Department of the Environment, as amended from time to time. (méthode de Référence SPE 1/RM/13) research activities means activities during which a deposit of a deleterious substance is made for the sole purpose of acquiring scientific knowledge. (activités de recherche) Acutely lethal (2) For the purposes of these Regulations, a deposit is acutely lethal if, at 100% concentration, it kills more than 50% of the rainbow trout subjected to it over a 96- hour period when tested to determine lethality in accordance with Reference Method EPS 1/RM/13 and – if applicable – in conjunction with the Procedure for pH Stabilization EPS 1/RM/50. Aquaculture, pests and invasive species 2 The power that is conferred by subsection 36(5.2) of the Act may be exercised by the Minister of Fisheries and Current to June 20, 2022 Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Sections 2-3 Oceans in relation to aquaculture, to aquatic species that are a pest to a fishery or to aquatic invasive species, if the following conditions are met: (a) the Minister is satisfied that the Regulations are required for the proper management and control of fisheries or the conservation and protection of fish; and (b) the deleterious substance whose deposit is to be authorized (i) is a drug whose sale is permitted or otherwise authorized, or whose importation is not prohibited, under the Food and Drugs Act, (ii) is a pest control product that is registered under the Pest Control Products Act or whose use is authorized under that Act, or (iii) is biochemical oxygen-demanding matter. Aquatic research 3 The power that is conferred by subsection 36(5.2) of the Act may be exercised by the Minister of the Environment in relation to research activities if the persons authorized by the Regulations to deposit deleterious substances have processes in place or are subject to processes (a) to verify that (i) the research activities will contribute to the development of knowledge for the purpose of managing, conserving, protecting or restoring fish populations or waters frequented by fish, (ii) the research activities will be conducted under the supervision of a person who has expertise in conducting aquatic research under similar conditions, as evidenced by a substantial and relevant peer-reviewed publication record, (iii) the research activities will be designed so as to (A) avoid harmful effects on fish, fish habitat and the use by man of fish, other than the effects that are necessary to achieve results that are scientifically valid, and (B) confine any harmful effects on fish, fish habitat or the use by man of fish to the waters in respect of which the deposit is authorized, and Current to June 20, 2022 Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Sections 3-4 (iv) if research activities render any waters frequented by fish unsuitable to sustain fish populations or render fish populations unsuitable for human consumption, no later than 20 years following the day on which the research activities are completed, the waters will be suitable to sustain fish populations and the fish populations will be suitable for human consumption; (b) to evaluate whether the research activities will be carried out in accordance with their design and to document any deviations from that design; and (c) to make research findings available to the public. Other subject matters 4 The power that is conferred by subsection 36(5.2) of the Act may be exercised by the Minister of the Environment in relation to any other subject matter if the following conditions are met: (a) the deleterious substance to be deposited, its deposit or the work, undertaking or activity that results in the deposit is authorized under federal or provincial law, or is subject to guidelines issued by the federal or provincial government, and is subject to an enforcement or compliance regime; (b) the federal or provincial law or guidelines set out conditions that result in a deposit that is not acutely lethal and contains a quantity or concentration of deleterious substance that when measured in the deposit, or in the relevant waters frequented by fish, satisfies (i) the recommendations of the Canadian Water Quality Guidelines for the Protection of Aquatic Life that were published in 1999 by the Canadian Council of Ministers of the Environment, as amended from time to time, or the recommendations that were derived from those guidelines on their site-specific application, as amended from time to time, or (ii) the recommendations of any peer-reviewed guidelines that are established for the purpose of protecting aquatic life and adopted by a federal or provincial body; and Current to June 20, 2022 Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Sections 4-6 (c) the effects of such a deposit on fish, fish habitat and the use by man of fish have been evaluated in accordance with generally accepted standards of good scientific practice. Additional conditions 5 The power that is conferred by subsection 36(5.2) of the Act may be exercised if (a) the proposed Regulations are published in the Canada Gazette at least 30 days before the day on which they are made; and (b) before the proposed Regulations are published, the Minister of Fisheries and Oceans or the Minister of the Environment, as applicable, provides the President of the Treasury Board with an estimate of the costs of their implementation. Coming into force 6 These Regulations come into force on the day on which they are registered. Current to June 20, 2022
CONSOLIDATION Cooperative Vereniging International Post Corporation U.A. Acquisition of Shares Order SOR/89-31 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Cooperative Vereniging International Post Corporation U.A. Acquisition of Shares Order Current to June 20, 2022 ii Registration SOR/89-31 December 27, 1988 FINANCIAL ADMINISTRATION ACT Cooperative Vereniging International Corporation U.A. Acquisition of Shares Order P.C. 1988-2799 Post December 22, 1988 Whereas the Governor in Council, pursuant to subsection 91(6) of the Financial Administration Act, is satisfied that the Canada Post Corporation is empowered under subsection 16(2) of the Canada Post Corporation Act to acquire any real or personal property. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs and the Treasury Board, pursuant to paragraph 91(1)(b) of the Financial Administration Act, is pleased hereby to authorize the Canada Post Corporation to acquire shares in the Cooperative Vereniging International Post Corporation U.A., a corporation incorporated under the laws of the Netherlands and having its head office located in Amsterdam, the Netherlands, effective December 31, 1988. Current to June 20, 2022
CONSOLIDATION Challenges Annual Forum — Privileges and Immunities Order SOR/2019-152 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Challenges Annual Forum — Privileges and Immunities Order Interpretation 1 Definitions Privileges and Immunities 2 Representatives of foreign states Coming into Force 3 Registration Current to June 20, 2022 ii Registration SOR/2019-152 May 22, 2019 FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT Challenges Annual Immunities Order P.C. 2019-586 Forum — Privileges and May 21, 2019 Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 5(1)(c)a, (f), (g) and (h) of the Foreign Missions and International Organizations Actb, makes the annexed Challenges Annual Forum — Privileges and Immunities Order. a S.C. 2002, c. 12, s. 3(2) b S.C. 1991, c. 41 Current to June 20, 2022 Challenges Annual Forum — Privileges and Immunities Order Interpretation Definitions 1 The following definitions apply in this Order. Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Foreign Missions and International Organizations Act. (Convention) Forum means the Challenges Annual Forum, to be held in Montreal, Quebec, from June 10 to 12, 2019. (Forum) relevant period means the period beginning on June 8, 2019 and ending on June 14, 2019. (période visée) Privileges and Immunities Representatives of foreign states 2 (1) During the relevant period, representatives of a foreign state that participates in the Forum have, to the extent required for the exercise of their functions in relation to the Forum, the privileges and immunities set out in paragraphs 11(a) to (f) and section 12, to the extent set out in sections 14 to 16, of Article IV of the Convention. Senior Officials (2) During the relevant period, senior officials of an international organization have, to the extent required for the exercise of their functions in relation to the Forum, the privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations, other than duty and tax relief privileges. Other Officials (3) During the relevant period, other officials of an international organization have, to the extent required for the exercise of their functions in relation to the Forum, the privileges and immunities set out in paragraphs 18(a), (d) and (e) of Article V of the Convention. Current to June 20, 2022 Challenges Annual Forum — Privileges and Immunities Order Privileges and Immunities Sections 2-3 Experts (4) During the relevant period, experts who perform missions for an international organization have, to the extent required for the exercise of their functions in relation to the Forum, the privileges and immunities set out in Article VI of the Convention. Coming into Force Registration 3 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Conditions of Carriage Regulations SOR/2005-404 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Conditions of Carriage Regulations 1 Conditions of Carriage and Limitations of Liability *2 Coming into Force Current to June 20, 2022 ii Registration SOR/2005-404 November 28, 2005 MOTOR VEHICLE TRANSPORT ACT Conditions of Carriage Regulations P.C. 2005-2233 November 28, 2005 Whereas, pursuant to subsection 16.1(1)a of the Motor Vehicle Transport Actb, the Minister of Transport has consulted with each province affected by the proposed Conditions of Carriage Regulations; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 16.1(1)a of the Motor Vehicle Transport Actb, hereby makes the annexed Conditions of Carriage Regulations. a S.C. 2001, c. 13, s. 6 b R.S., c. 29 (3rd Supp.); S.C. 2001, c. 13, s. 1 Current to June 20, 2022 Conditions of Carriage Regulations Conditions of Carriage and Limitations of Liability 1 (1) Subject to subsection (2), the conditions of carriage and limitations of liability that apply to transport by an extra-provincial truck undertaking are those set out in the laws of the province in which the transport originates, as amended from time to time, that are applicable to transport by a motor carrier undertaking within that province. (2) For greater certainty, in the absence of a provincial enactment dealing specifically with conditions of carriage and limitations of liability, the conditions of carriage and limitations of liability that apply to transport by an extraprovincial truck undertaking are those agreed to by the undertaking. Coming into Force 2 These Regulations come into force on the day on which An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts, chapter 13 of the Statutes of Canada, 2001, comes into force. * * [Note: Regulations in force January 1, 2006, see SI/2005-58.] Current to June 20, 2022
CONSOLIDATION Compensation for Destroyed Animals Regulations SOR/2000-233 Current to June 20, 2022 Last amended on May 13, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 13, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 13, 2019 TABLE OF PROVISIONS Compensation for Destroyed Animals Regulations Interpretation Maximum Amounts Compensation for Costs of Disposal Repeal Coming into Force SCHEDULE Current to June 20, 2022 Last amended on May 13, 2019 ii Registration SOR/2000-233 June 8, 2000 HEALTH OF ANIMALS ACT Compensation for Destroyed Animals Regulations The Minister of Agriculture and Agri-Food, pursuant to paragraphs 55(b)a and (c) of the Health of Animals Actb, hereby makes the annexed Compensation for Destroyed Animals Regulations. Ottawa, June 8, 2000 Lyle Vanclief Minister of Agriculture and Agri-food a S.C. 1997, c. 6, s. 71 b S.C. 1990, c. 21 Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations Interpretation [SOR/2007-169, s. 1(F)] 1 The following definitions apply in these Regulations. Act means the Health of Animals Act. (Loi) grandparent breeder means a bird belonging to a flock of pureline poultry, comprising one or more generations of poultry, that is being maintained for the purpose of establishing, continuing or improving parent lines and from which parent lines are produced. (reproducteur grand-parent) parent breeder means a bird belonging to a flock of poultry, comprising one or more generations of poultry, that is being maintained for the purpose of multiplying the parent flock or to produce commercial birds. (reproducteur parent) registered for the purposes of the schedule, means registered under the Animal Pedigree Act. (enregistré) SOR/2007-169, s. 2; SOR/2015-142, s. 1. Maximum Amounts 2 For the purpose of subsection 51(3) of the Act, the amount that is established as the maximum amount with respect to an animal that is destroyed or required to be destroyed under paragraph 27.6(1)(b) or subsection 48(1) of the Act is (a) if the animal is set out or included in column 1 of an item of the schedule, the amount set out in column 3 of that item; and (b) in any other case, $30. SOR/2019-137, s. 4. Compensation for Costs of Disposal 3 (1) Compensation for the following costs related to the disposal of an animal may be paid to the owner of the animal: Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations Compensation for Costs of Disposal Section 3 (a) subject to subsection (2), if the animal is destroyed or required to be destroyed under paragraph 27.6(1)(b) or subsection 48(1) of the Act by slaughter at an abattoir and it is transported to the abattoir within the period and in the manner specified in the notice of requirement delivered or sent under subsection 27.6(3) or 48(3) of the Act, (i) the reasonable costs of transporting it to the abattoir that were paid or incurred by the owner of the animal, to a maximum amount equal to the amount that a commercial trucker would normally charge for transporting it to the abattoir if it had not been required to be destroyed, and (ii) the reasonable costs of slaughtering it at the abattoir that were paid or incurred by its owner and that are related to the reason for which it was required to be destroyed; and (b) if the animal is destroyed or required to be destroyed under paragraph 27.6(1)(b) or subsection 48(1) of the Act other than by slaughter at an abattoir and it is destroyed and its carcass disposed of within the period and in the manner specified in the notice of requirement delivered or sent under subsection 27.6(3) or 48(3) of the Act, (i) the reasonable costs of transporting the animal or its carcass to the place of destruction and to the place of disposal that were paid or incurred by its owner, to a maximum amount equal to the amount that a commercial trucker would normally charge for that service, (ii) the reasonable costs that were paid or incurred by the owner of the animal for cleaning and disinfecting the conveyance used to transport it or its carcass, to a maximum amount equal to the amount that a commercial service would normally charge for that service, and (iii) the reasonable costs, to a maximum amount equal to the amount that a commercial service would normally charge to destroy the animal and dispose of its carcass, that were paid or incurred by the owner of the animal (A) if the owner destroyed the animal and disposed of its carcass, for the supplies, equipment and labour expended to do so, or (B) if a commercial service was used to destroy the animal and dispose of its carcass, for that service. Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations Compensation for Costs of Disposal Sections 3-5 (2) The maximum amount of compensation that may be paid under paragraph (1)(a) is an amount equal to (a) if the carcass of the animal has not been condemned, the value of the carcass according to paragraph 51(2)(b) of the Act; and (b) if the carcass of the animal has been condemned, the value that the carcass would have had according to paragraph 51(2)(b) of the Act had it not been condemned. SOR/2019-137, s. 5. Repeal 4 [Repeal] Coming into Force 5 These Regulations come into force on the day on which they are registered. Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations SCHEDULE SCHEDULE (Section 2) Column 1 Item Animal Column 2 Column 3 Family Maximum Amount ($) ANIMALS NOT LISTED BY ORDER COMPANION ANIMALS 1 Dog (Canis familiaris) Registered Canidae 2,500 Dog (Canis familiaris) Nonregistered Canidae 1,500 Cat (Felix silvestrus) Registered Felidae Cat (Felix silvestrus) Nonregistered Felidae Ferret (Mustela putorius furo) Mustelidae Chinchilla (Chinchilla brevicadata and Chinchilla laniger) All chinchillas other than those referred to in item 56 Chinchillidae Cattle (Bos taurus and Bos indicus) Registered Bovidae 10,000 Cattle (Bos taurus and Bos indicus) Non-registered Bovidae 4,500 Bison (Bison bison) Bull, 1 year and older Bovidae 4,000 Bison (Bison bison) All bison other than those referred to in item 9 Bovidae 2,500 Bovidae 1,200 FARM ANIMALS Sheep (Ovis aires) Registered Sheep (Ovis aires) Non-registered Bovidae Goat (Capra hircus) Registered Bovidae 1,000 Goat (Capra hircus) Nonregistered Bovidae Swine (Sus Scrofa) Registered Suidae 5,000 Swine (Sus Scrofa) Nonregistered Suidae 2,000 Horse (Equus equus) Ordered destroyed due to Equine Infectious Anemia Equidae 2,000 Horse (Equus equus) All horses other than those referred to in item 17 Equidae 8,000 18.1 Chicken (Gallus gallus) — For egg Phasianidae production Chicken (Gallus gallus) Parent breeder — For egg production Phasianidae Chicken (Gallus gallus) Grandparent breeder — For egg production Phasianidae Chicken (Gallus gallus) Parent breeder — For meat production Phasianidae Chicken (Gallus gallus) Grandparent breeder — For meat production Phasianidae 22.1 Chicken (Gallus gallus) Primary breeder — Foundation Stock Phasianidae 1,200 Chicken ( Gallus gallus) All chicken other than those referred to in items 18.1 to 22.1 Phasianidae Turkey (Meleagris gallopavo) For meat production Meleagridae Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations SCHEDULE Column 1 Column 2 Column 3 Item Animal Family Maximum Amount ($) Turkey (Meleagris gallopavo) Parent breeder Meleagridae Turkey (Meleagris gallopavo) Grandparent breeder Meleagridae 26.1 Turkey (Meleagris gallopavo) Primary breeder — Foundation Stock Meleagridae 1,050 Duck (Cairina moschata) For meat Anatidae production Duck (Cairina moschata) For egg production Anatidae Duck (Cairina moschata) Parent breeder Anatidae Duck (Cairina moschata) Grandparent breeder Anatidae Goose (Anser anser) For meat production Anatidae Goose (Anser anser) Parent breeder Anatidae Goose (Anser anser) Grandparent Anatidae breeder Rabbit (Oryctolagus cuniculus) Breeders for meat production Leporidae Rabbit (Oryctolagus cuniculus) All Leporidae rabbits other than those referred to in items 34 and 60 Pigeon (Columba species) For squab production Columbidae Honey Bee (Apis mellifera) Apidae 250/Colony Leafcutter Bee (Megachile species) Megachilidae 100/Nest Elk (Cervus elaphus) Bull, 1 year and older Cervidae 8,000 Elk (Cervus elaphus) All elk other than those referred to in item 39 Cervidae 4,000 Red Deer (Cervus elaphus) Buck, 1 year and older Cervidae 8,000 Red Deer (Cervus elaphus) All Red Cervidae Deer other than those referred to in item 41 4,000 White-tailed Deer (Odocoileus virginianus) Buck, 1 year and older Cervidae 8,000 White-tailed Deer (Odocoileus virginianus) All White-tailed Deer other than those referred to in item 43 Cervidae 4,000 Mule Deer (Odocoileus hemionus) Cervidae Buck, 1 year and older 8,000 Mule Deer (Odocoileus hemionus) Cervidae All Mule Deer other than those referred to in item 45 4,000 Fallow Deer (Dama dama) Cervidae 1,500 Reindeer (Rangifer tarandus) Cervidae 2,500 Alpaca (Lama pacos) Camelidae 8,000 Llama (Lama glama) Camelidae 8,000 Ostrich (Struthio camelus) Struthionidae 3,000 Emu (Dromaius novaehollandiae) Dromalidae Rhea (Rhea americana) 1,500 Current to June 20, 2022 Last amended on May 13, 2019 Rheidae Compensation for Destroyed Animals Regulations SCHEDULE Column 1 Item Animal Column 2 Column 3 Family Maximum Amount ($) FUR ANIMALS 54 Mink (Mustela vison) Mustelidae Fox (Vulpes vulpes) Canidae 1,500 Chinchilla (Chinchilla brevicadata and Chinchilla laniger) For fur production Chinchillidae Guinea Pig (Cava porcellus) Developed with specific characteristics for research purposes Cavidae Mouse (Mus musculus) Developed with specific characteristics for research purposes Muridae Rat (Rattus norvegicus) Developed Muridae with specific characteristics for research purposes Rabbit (Oryctolagus cuniculus) Developed with specific characteristics for research purposes LABORATORY ANIMALS Leporidae ANIMALS LISTED BY ORDER ORDER ANSERIFORMES 61 Members of the anatidae family other than those referred to in items 27 to 33 Members of the anseriformes order other than those referred to in items 27 to 33 and 61 Wart Hog (Phachoerus aethiopicus) Members of the suidae family other than those referred to in items 15, 16 and 63 ORDER ARTIODACTYLA Suidae 8,000 800 Peccary (Catogonus wagneri) Tayassuidae Peccary (Tayassu species) Tayassuidae Members of the tayassuidae family other than those referred to in items 65 and 66 Hippopotamus (Hippopotamus amphibius) Hippopotamidae 5,000 Pigmy Hippopotamus (Choeropis liberiensis) Hippopotamidae 8,000 Members of the hippopotamidae family other than those referred to in items 68 and 69 Bactrian or Two-humped Camel (Camelus bactrianus) Camelidae 8,000 Dromedary or One-humped Camel (Camelus dromedarius) Camelidae 8,000 Members of the camelidae family other than those referred to in items 49, 50, 71 and 72 Mouse Deer (Hyemoschus aquaticus) Members of the tragulidae family other than those referred to in item 74 Moose (Alces alces) Current to June 20, 2022 Last amended on May 13, 2019 5,000 2,000 Tragulidae 500 500 Cervidae 5,000 Compensation for Destroyed Animals Regulations SCHEDULE Column 1 Item Animal Column 2 Column 3 Family Maximum Amount ($) Reindeer (Rangifer tarandus) Cervidae 2,500 Caribou (Rangifer tarandus) Cervidae 2,500 Muntjac (Muntiacus species) Cervidae Members of the cervidae family other than those referred to in items 39 to 48 and 76 to 79 Okapi (Okapii johnstoni) Giraffidae Giraffe (Giraffa camelopardalis) Giraffidae Members of the giraffidae family other than those referred to in items 81 and 82 Pronghorn (Antilocapra americana) Members of the antilocapridae family other than those referred to in item 84 500 500 8,000 8,000 8,000 Antilocapridae 1,500 1,500 Bongo (Tragelaphus euryceros) Bovidae 8,000 Eland (Taurotragus oryx) Bovidae 1,500 Giant Eland (Taurotragus derbianus) Bovidae 8,000 Asian Water Buffalo (Bubalus species) Bovidae 4,000 African Buffalo (Syncerus caffer) Bovidae 4,000 Duiker (Cephalophus species) Bovidae 5,000 Waterbuck (Kobus species) Bovidae 1,000 Sable Antelope (Hippotragus species) Bovidae 1,000 Oryx (Oryx species) Bovidae 1,000 Addax (Addax nasomasculatus) Bovidae 1,000 Topi (Damaliscus species) Bovidae 4,000 Hartebeest (Alcelaphus buselaphus) Bovidae 4,000 Gnu or Wildebeest (Connochaetes Bovidae species) 1,500 Impala (Aepyceros melampus) Bovidae 1,500 Gazelle (Gazella species) Bovidae 1,500 Saiga (Saiga tatarica) Bovidae 2,000 Ibex (Capra ibex) Bovidae 1,000 Tahr (Hemitragus species) Bovidae 1,000 Mountain Goat (Oreamus americanus) Bovidae 2,000 Barbary Sheep or Aoudad (Ammotragus lervia) Bovidae 1,000 Rocky Mountain Bighorn Sheep (Ovis canadensis) Bovidae 1,000 Dall’s Sheep (Ovis dalli) Bovidae 1,000 Muskox (Ovibos moschatus) Bovidae Members of the bovidae family other than those referred to in items 7 to 14 and 86 to 108 Members of the artiodactyla order other than those referred to in items 7 to 16, 39 to 50 and 63 to 109 8,000 ORDER CAPRIMULGIFORMES Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations SCHEDULE Column 1 Item Animal Column 2 Column 3 Family Maximum Amount ($) Tawny Frogmouths and other members of the caprimulgiformes order Aardwolf (Proteles cristatus) Hyaenidae 2,000 Striped Hyena (Hyaena hyaena) Hyaenidae 3,000 Brown Hyena (Hyaena brunnea) Hyaenidae Members of the hyaenidae family other than those referred to in items 112 to 114 Lynx, Cougar and other Small Wild Cats (Felis species) Felidae Snow Leopard (Panthera uncia) Felidae 5,000 Tiger (Panthera tigris) Felidae 5,000 ORDER CARNIVORA 3,000 2,000 2,000 Leopard (Panthera pardus) Felidae 5,000 Jaguar (Panthera onca) Felidae 5,000 Lion (Panthera leo) Felidae 5,000 Cheetah (Acinonyx jubatus) Felidae Members of the felidae family other than those referred to in items 3, 4 and 116 to 122 Fox (Vulpes species) Canidae Wolf (Canis species) Canidae Members of the canidae family other than those referred to in items 1, 2, 55, 124 and 125 Spectacled Bear (Tremarctos ornatus) Ursidae 3,000 Giant Panda (Ailuropoda melanoleuca) Ursidae 8,000 Members of the ursidae family other than those referred to in items 127 and 128 Lesser Panda (Ailurus fulgens) Procyonidae 3,000 Raccoon (Procyon lotor) Procyonidae Members of the procyonidae family other than those referred to in items 130 and 131 Otter (Lutrinae species) Mustelidae 2,500 Black-footed Ferret (Mustela nigripes) Mustelidae 5,000 Members of the mustelidae family other than those referred to in items 5, 54, 133 and 134 Members of the carnivora order other than those referred to in items 1 to 5, 54, 55 and 112 to 135 Whales, Dolphins, Porpoises and other members of the cetacia order Turtles and other members of the chelonia order Bats and other members of the chiroptera order 8,000 500 500 1,500 1,000 3,000 ORDER CETACIA 8,000 ORDER CHELONIA 200 ORDER CHIROPTERA 300 ORDER CICONIIFORMES Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations SCHEDULE Column 1 Column 2 Column 3 Family Maximum Amount ($) Storks (Ciconia species) Ciconiidae 1,000 Flamingos (Phoenicoparrus species) Phoenicopteridae 2,500 Ibis, Spoonbills and other members of the ciconiiformes order other than those referred to in items 140 and 141 Crowned Pigeon (Goura cristata) Columbidae 1,000 Nicobar Pigeon (Caloenas nicobarica) Columbidae Pied Imperial Pigeon (Ducula bicolor) Columbidae Jamba Fruit Dove (Ptillinopus jambu) Columbidae Superb Fruit Dove (Ptillinopus superbus) Columbidae Members of the columbiformes order other than those referred to in items 36 and 143 to 147 Kookaburra and other members of the alcedinidae family Item Animal ORDER COLUMBIFORMES ORDER CORACIIFORMES 250 Motmot (Momotus momata) Momotidae 1,500 Hornbill (Tockus flavirostris) Bucerotidae 2,500 Members of the coraciiformes order other than those referred to in items 149 to 151 Crocodiles, Alligators and other members of the crocodylia order Touracos, Cuckoos and other members of the cuculiformes order Flying Lemurs and other members of the dermoptera order Eagles, Falcons and other members of the falconiformes order Ocellated Turkey (Agriocharis ocellata) Phasianidae 1,500 Argus Pheasant (Argusianus argus) Phasianidae 1,000 Pheasants, Guinea Fowl and other members of the galliformes order other than those referred to in items 19 to 26, 157 and 158 Cranes and other members of the gruiformes order Hyraxes and other members of the hyracoidae order Kangaroo (Macropus species) ORDER CROCODYLIA 1,000 ORDER CUCULIFORMES 1,500 ORDER DERMOPTERA 2,000 ORDER FALCONIFORMES 3,000 ORDER GALLIFORMES ORDER GRUIFORMES 2,000 ORDER HYRACOIDAE 500 ORDER MARSUPIALIA Current to June 20, 2022 Last amended on May 13, 2019 Macropodidae 2,000 Compensation for Destroyed Animals Regulations SCHEDULE Column 1 Item Animal Column 2 Column 3 Family Maximum Amount ($) Swamp Wallaby (Wallabia bicolor) Macropodidae 2,000 Members of the macropodidae family other than those referred to in items 162 and 163 2,000 Koala (Phascolarctos cinereus) Members of the marsupialia order other than those referred to in items 162 to 165 Phascolarctidae 5,000 Echidna or Spiny Anteater (Tachyglossus) Tachyglossidae Duck-billed Platypus (Ornithorhynchus anatinus) Ornithorhynchida 8,000 e Members of the ornithorhynchidae family other than those referred to in item 168 8,000 Members of the monotremata order other than those referred to in items 167 to 169 1,000 Lesser Green Broadbill (Calyptomena viridis) Finches, Starlings, Shrikes and other members of the passeriformes order other than those referred to in item 171 Zebras, Donkeys and other members of the equidae family other than those referred to in items 17 and 18 5,000 Tapirs and other members of the tapiridae family 8,000 Rhinoceros Members of the perissodactyla order other than those referred to in items 17, 18 and 173 to 175 Scaly Anteaters and other members of the pholidota order Toco Toucan (Ramphastos toco) Ramphastidae Aracari (Pteroglossus species) Ramphastidae Barbets, Woodpeckers and other members of the piciformes order other than those referred to in items 178 and 179 Sea Lions, Seals and other members of the pinnipedia order Great Apes (Gorillas, Chimpanzees and Orang-utans) Monkeys and other members of the primates order other than those referred to in item 182 Elephants and other members of the proboscidea order 3,000 ORDER MONOTREMATA 1,500 ORDER PASSERIFORMES Eurylaimidae 1,000 500 ORDER PERISSODACTYLA Rhinocerotidae 8,000 2,750 ORDER PHOLIDOTA 1,000 ORDER PICIFORMES 1,500 1,000 500 ORDER PINNIPEDIA 4,000 ORDER PRIMATES Hominidae 8,000 4,000 ORDER PROBOSCIDEA 8,000 ORDER PSITTACIFORMES Current to June 20, 2022 Last amended on May 13, 2019 Compensation for Destroyed Animals Regulations SCHEDULE Column 1 Item Animal Column 2 Column 3 Family Maximum Amount ($) Hyacinth Macaw (Anodorhynchus Psittacidae hyacinthinus) 8,000 Parrots, Parakeets, Macaws and other members of the psittaciformes order other than those referred to in item 185 5,000 King Cobra (Ophiophagus hannah) Snakes and other members of the reptilia order other than those referred to in item 187 Vancouver Island Marmot (Marmota vancouverensis) Sciuridae ORDER REPTILIA Elapidae 1,000 500 ORDER RODENTIA 8,000 Beaver (Castor canadensis) Castoridae Porcupine (Erethizon dorsatum) Erethizontidae Members of the rodentia order other than those referred to in items 6, 56 to 59 and 189 to 191 Manatees, Sea Cows, Dugongs and other members of the sirenia order Penguins and other members of the sphenisciformes order Eurasian Eagle Owl (Bubo bubo) Strigidae 1,000 Spectacled Owls (Pulsatrix perspicillata) Strigidae Members of the strigiformes order other than those referred to in items 195 and 196 Members of the struthioniformes order other than those referred to in items 51 to 53 Tinamou and other members of the tinamiformes order Aardvarks and other members of the tubilidentata order Giant Anteater (Myrmecophaga tridactyla) Members of the myrmecophagidae family other than those referred to in item 201 Three-toed Tree Sloth (Bradypus species) Bradypodidae 1,500 Giant Armadillo (Pridontes maximus) Dasypodidae Members of the xenarthra order other than those referred to in items 201 to 204 ORDER SIRENIA 8,000 ORDER SPHENISCIFORMES 5,000 ORDER STRIGIFORMES ORDER STRUTHIONIFORMES 1,500 ORDER TINAMIFORMES 300 ORDER TUBILIDENTATA 1,000 ORDER XENARTHRA Myrmecophagida 8,000 e 5,000 SOR/2003-257, ss. 2(E), 3(E); SOR/2004-151, s. 1; SOR/2007-169, s. 3; SOR/2007-269, s. 1; SOR/2011-73, s. 1; SOR/2012-109, s. 1; SOR/2015-214, s. 1. Current to June 20, 2022 Last amended on May 13, 2019
CONSOLIDATION Charlottetown Airport Zoning Regulations SOR/92-649 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Zoning at Charlottetown Airport 1 Short Title Interpretation Application General Natural Growth Disposal of Waste SCHEDULE Current to June 20, 2022 ii Registration SOR/92-649 November 19, 1992 AERONAUTICS ACT Charlottetown Airport Zoning Regulations P.C. 1992-2321 November 19, 1992 Whereas, pursuant to section 5.5 of the Aeronautics Act, a copy of the proposed Zoning Regulations respecting Charlottetown Airport, substantially in the form set out in the schedule hereto, was published in two successive issues of the Canada Gazette Part I, on March 16th and 23rd, 1991, and in two successive issues of the Charlottetown Guardian and The Evening Patriot on April 25th and 26th, 1991, and in two successive issues of La Voix Acadienne on May 1st and 8th, 1991, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto; Therefore, His Excellency the Governor General in Council, on the recommendation of the Acting Minister of Transport, pursuant to section 5.4 of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting zoning at Charlottetown Airport. Current to June 20, 2022 Regulations Respecting Zoning at Charlottetown Airport Short Title 1 These Regulations may be cited as the Charlottetown Airport Zoning Regulations. Interpretation 2 (1) In these Regulations, airport means the Charlottetown Airport, in the County of Queens, in the Province of Prince Edward Island; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II of the schedule; (surface d’approche) Minister means the Minister of Transport; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; (bande) transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. (surface de transition) (2) For the purposes of these Regulations, the elevation of the airport reference point is 47.2 m above sea level. Current to June 20, 2022 Charlottetown Airport Zoning Regulations Application Sections 3-6 Application 3 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of the airport, which lands are more particularly described as follows: (a) the lands within the outer limits of lands described in Part VI of the Schedule; and (b) the lands directly under that portion of the approach surfaces that extend beyond the said outer limits. General 4 No person shall erect or construct on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point (a) the approach surfaces; (b) the outer surface; or (c) the transitional surfaces. Natural Growth 5 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister may require that the owner or occupier of the land on which that object is growing remove the excessive growth. Disposal of Waste 6 No owner or occupier of any land to which these Regulations apply shall permit such land or any part of it to be used for the disposal of any waste that is edible by or attractive to birds. Current to June 20, 2022 Charlottetown Airport Zoning Regulations SCHEDULE SCHEDULE (Sections 2 and 3) PART I Description of Airport Reference Point The airport reference point shown on Charlottetown Airport Zoning Plan Nos. S-1857-3 to S-1857-6 inclusive, dated February 12, 1988, is determined by measuring l 200 m northerly along the centre line of runway 03-21 from the southerly end of runway 03 and thence measuring easterly at right angles from the said centre line, 300 m from the centre line of said runway. The said Airport Reference Point has Prince Edward Island Double Stereographic Grid Co-ordinates of N 293 283.042 m and E 690 665.396 m. PART II Description of the Approach Surfaces The approach surfaces, shown on Charlottetown Airport Zoning Plan Nos. S-1857-0 to S-1857-12 inclusive, dated February 12, 1988, are surfaces abutting each end of the strips associated with runways designated 03-21 and l0-28 and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 03 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m above the elevation at the end of the strip; (b) a surface abutting the end of the strip associated with runway approach 21 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m above the elevation at the end of the strip; (c) a surface abutting the end of the strip associated with runway approach l0 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant l5 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being Current to June 20, 2022 Charlottetown Airport Zoning Regulations SCHEDULE 2 400 m from the projected centre line; said imaginary horizontal line being 300 m above the elevation at the end of the strip; and (d) a surface abutting the end of the strip associated with runway approach 28 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant l5 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m above the elevation at the end of the strip. PART III Description of the Outer Surface The outer surface, shown on Charlottetown Airport Zoning Plan Nos. S-1857-0, S-1857-2 to S-1857-6 inclusive, S-1857-8, S-1857-9 and S-1857-11, dated February 12, 1988, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the elevation of the airport reference point, except that, where that common plane is less than 9 m above the surface of the ground, the outer surface is an imaginary surface located at 9 m above the surface of the ground. PART IV Description of the Strips The strips shown on Charlottetown Airport Zoning Plan Nos. S-1857-0 and S-1857-3 to S-1857-6 inclusive, dated February 12, l988, are described as follows: (a) the strip associated with runway 03-21 is 300 m in width, 150 m being on each side of the centre line of the runway and 2 253.6 m in length; and (b) the strip associated with runway 10-28 is 300 m in width, 150 m being on each side of the centre line of the runway and 2 253.6 m in length. PART V Description of Each Transitional Surface Each transitional surface, shown on Charlottetown Airport Zoning Plan Nos. S-1857-0 and S-1857-3 to S-1857-6 inclusive, dated February 12, 1988, is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and projected centre line of each strip and extending upward and outward from the lateral limits of each strip and its approach Current to June 20, 2022 Charlottetown Airport Zoning Regulations SCHEDULE surfaces to an intersection with the outer surface or another transitional surface of an adjoining strip. PART VI Description of the Outer Limits The boundary of the outer limits, shown on Charlottetown Airport Zoning Plan Nos. S-1857-0, S-1857-2 to S-1857-6 inclusive, S-1857-8, S-1857-9 and S-1857-11 dated February 12, l988, is a circle with a radius of 4 000 m centred on the airport reference point. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Rocky Mountain Sculpin (Cottus sp.) Eastslope Populations Order SOR/2017-267 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Rocky Mountain Sculpin (Cottus sp.) Eastslope Populations Order Application Coming into Force Current to June 20, 2022 ii Registration SOR/2017-267 December 4, 2017 SPECIES AT RISK ACT Critical Habitat of the Rocky Mountain Sculpin (Cottus sp.) Eastslope Populations Order Whereas the Rocky Mountain Sculpin (Cottus sp.) Eastslope populations is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)b of that Act; And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect a reserve or other lands that are set apart for the use and benefit of a band and, pursuant to subsection 58(7) of that Act, has consulted the Minister of Indian Affairs and Northern Development and the band with respect to the Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Rocky Mountain Sculpin (Cottus sp.) Eastslope Popu‐ lations Order. Ottawa, November 30, 2017 a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Rocky Mountain Sculpin (Cottus sp.) Eastslope Populations Or‐ der Le ministre des Pêc Dominic Minister of Fishe Current to June 20, 2022 Critical Habitat of the Rocky Mountain Sculpin (Cottus sp.) Eastslope Populations Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Rocky Mountain Sculpin (Cottus sp.) Eastslope populations, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Certain Hidden Valley Golf Resort Association Members Remission Order SI/2004-148 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Certain Hidden Valley Golf Resort Association Members Remission Order 1 Interpretation Remission of the Goods and Services Tax Condition Current to June 20, 2022 ii Registration SI/2004-148 November 17, 2004 FINANCIAL ADMINISTRATION ACT Certain Hidden Valley Golf Resort Association Members Remission Order P.C. 2004-1288 November 1, 2004 Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of National Revenue, pursuant to subsection 23(2)a of the Financial Administration Act, hereby makes the annexed Certain Hidden Valley Golf Resort Association Members Remission Order. a S.C. 1991, c. 24, s. 7(2) Current to June 20, 2022 Certain Hidden Valley Golf Resort Association Members Remission Order Interpretation 1 The definitions in this section apply in this Order. Act means the Excise Tax Act. (Loi) eligible claimant means an individual who is or was a member of the Hidden Valley Golf Resort Association at the Hidden Valley Golf Resort, located on the Lands, and who, during the eligible period, paid to that Association an annual maintenance fee calculated on the basis of the estimated cost of the provision of the upkeep, maintenance and services to that Resort and the lots on the Lands, together with the cost of operating and maintaining additional facilities. (demandeur admissible) eligible period means the period beginning on October 1, 1992 and ending on January 31, 1999. (période admissible) the Lands means all those parts of Sections 8, 9 and 16, Township 21, Range 21, W4th and of the road allowances lying between the said Sections in Siksika Indian Reserve No. 146, Province of Alberta, as shown on a plan of survey deposited in the Canada Lands Surveys Records at Ottawa under number 59108, a copy of which is deposited in the Land Titles Office at Calgary under number 7510121. (terrains visés) Remission of the Goods and Services Tax 2 Subject to section 3, remission is hereby granted to an eligible claimant of tax paid under Division II of Part IX of the Act during the eligible period in respect of the payment of the annual maintenance fees referred to in the definition of “eligible claimant” in section 1 and for which no tax was payable. Condition 3 A remission under section 2 is granted on condition that Current to June 20, 2022 Certain Hidden Valley Golf Resort Association Members Remission Order Condition Section 3 (a) a written application for the remission is made to the Minister of National Revenue within two years after the day on which this Order is made; and (b) the amount applied for has not been otherwise rebated, credited or remitted under the Act or the Financial Administration Act. Current to June 20, 2022
CONSOLIDATION Cheese Stabilization Regulations, 1984-85 [Repealed, SOR/2017-84, s. 1] Current to June 20, 2022 Last amended on May 5, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 5, 2017. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 5, 2017 TABLE OF PROVISIONS Regulations Respecting the Stabilization of the Price of Cheese Marketed During the Period Beginning on August 1, 1984 and Ending on July 31, 1985 Current to June 20, 2022 Last amended on May 5, 2017 ii
CONSOLIDATION Cambridge Bay Airport Zoning Regulations SOR/85-184 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Regulations Respecting Zoning at Cambridge Bay Airport 1 Short Title Interpretation Application General Natural Growth Disposal of Waste SCHEDULE Current to June 20, 2022 ii Registration SOR/85-184 February 14, 1985 AERONAUTICS ACT Cambridge Bay Airport Zoning Regulations P.C. 1985-531 February 14, 1985 Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 6* of the Aeronautics Act, is pleased hereby to approve the annexed Regulations respecting zoning at Cambridge Bay Airport, made by the Minister of Transport. * S.C. 1976-77, c. 28, s. 2 and 49 Current to June 20, 2022 Regulations Respecting Zoning at Cambridge Bay Airport Short Title 1 These Regulations may be cited as the Cambridge Bay Airport Zoning Regulations. Interpretation 2 (1) In these Regulations, airport means the Cambridge Bay Airport, in the vicinity of Cambridge Bay, in the Northwest Territories; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) approach surface means the imaginary inclined planes more particularly described in Part III of the schedule that extend upward and outward from each end of the strip associated with the runway designated 13-31 of the airport; (surface d’approche) Minister means the Minister of Transport; (ministre) outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part IV of the schedule; (surface extérieure) strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part V of the schedule; (bande) transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part VI of the schedule. (surface de transition) (2) For the purposes of these Regulations, the assigned elevation of the airport reference point is deemed to be 18.9 m above sea level. Current to June 20, 2022 Cambridge Bay Airport Zoning Regulations Application Sections 3-6 Application 3 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of the airport, that consist of (a) the lands within, and (b) the lands directly under that portion of an approach surface that extends beyond the outer limits described in Part II of the schedule. General 4 No person shall erect or construct, on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point (a) the approach surface; (b) the outer surface; or (c) the transitional surface. Natural Growth 5 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister may direct the owner or occupier of the land on which the object is growing to remove the excessive growth. Disposal of Waste 6 No owner or occupier of any land to which these Regulations apply shall permit such land or any part of it to be used for the disposal of any waste edible by or attractive to birds. Current to June 20, 2022 Cambridge Bay Airport Zoning Regulations SCHEDULE SCHEDULE (s. 2 and 3) PART I Description of the Airport Reference Point The airport reference point is located on the centre line of runway 13-31 distant 762.0 m from the 31 end of the said runway. PART II Description of the Outer Limits of Lands The boundary of the outer limits of lands, shown on Cambridge Bay Airport Zoning Plan No. E.1756 dated September 9, 1983, is described as follows: Commencing at a point in the southerly boundary of Lot 8, Group 1419, Plan 57185 (C.L.S.R.) 701 (L.T.O.), where it is intersected by the circumference of a circle having a radius of 4 000 m and centered at the airport reference point as described in Part I of the schedule; thence in a southeasterly direction following the circumference of the said circle clockwise to the point where it intersects the northerly limit of the road lying north of Lot 16, Block 9, Plan 68005 (C.L.S.R.) 1545 (L.T.O.); thence easterly along the northerly limit of said road and its production easterly to the O.H.W.M. of Cambridge Bay; thence in a southerly direction along the Ordinary High water mark to its intersection with the circumference of the said circle; thence in a southerly direction following the circumference of the said circle clockwise to the point of intersection with the northerly limit of Lot 7, Group 1419, Plan 57185 (C.L.S.R.) 701 (L.T.O.); thence easterly along the northerly limit of Lot 7 and Lot 8 of the said Plan and intervening gap of unsurveyed land to the northeasterly corner of said Lot 8; thence southerly along the easterly limit of said Lot 8 to the southeasterly corner thereof; thence westerly along the southerly limit of the said Lot 8 to the point of commencement. Current to June 20, 2022 Cambridge Bay Airport Zoning Regulations SCHEDULE PART III Description of the Approach Surfaces The approach surfaces, shown on Cambridge Bay Airport Zoning Plan No. E.1756 dated September 9, 1983, are surfaces abutting each end of the strip associated with the runway designated 13-31 and are described as inclined planes having a ratio of 1 m measured vertically to 50 m measured horizontally rising to imaginary horizontal lines drawn at right angles to the projected centre line of the strip 300 m measured vertically above the elevation at the ends of the strip and 15 000 m measured horizontally from the ends of the strip, the outer ends of the imaginary horizontal lines being 2 400 m from the projected centre line. PART IV Description of the Outer Surface The outer surface, shown on Cambridge Bay Airport Zoning Plan No. E.1756 dated September 9, 1983, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the assigned elevation of the airport reference point, except that where the common plane is less than 9 m above the surface of the ground, the imaginary surface is located at 9 m above the surface of the ground. PART V Description of the Strip The strip associated with runway 13-31 as shown on Cambridge Bay Airport Zoning Plan No. E.1756 dated September 9, 1983, is 300 m in width, 150 m on each side of the centre line of the runway, and 1 948.8 m in length. PART VI Description of Each Transitional Surface The transitional surfaces, shown on Cambridge Bay Airport Zoning Plan No. E.1756 dated September 9, 1983, are surfaces consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and centre line produced of the strip and its approach surfaces to an intersection with the outer surface. Current to June 20, 2022
CONSOLIDATION Cheque Issue Regulations, 1997 SOR/97-240 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Cheque Issue Regulations, 1997 1 Interpretation PART I Receiver General Cheques 2 Issuing of Cheques Replacement Cheques PART II Departmental Bank Accounts 7 Establishment by Receiver General — Authorized Expenditures Further Authorization of Expenditures by Treasury Board General PART III Departmental Bank Account Cheques 10 Issuing of Cheques Replacement Cheques Repeal Coming into Force Current to June 20, 2022 ii Registration SOR/97-240 April 23, 1997 FINANCIAL ADMINISTRATION ACT Cheque Issue Regulations, 1997 T.B. 825240 April 17, 1997 The Treasury Board, pursuant to section 10a of the Financial Administration Act, hereby makes the annexed Cheque Issue Regulations, 1997. a S.C. 1996, c. 18, s. 4 Current to June 20, 2022 Cheque Issue Regulations, 1997 Interpretation 1 The definitions in this section apply in these Regulations. cheque means (a) in Part I, a cheque, bill of exchange or other negotiable instrument, other than an instrument in an electronic form, issued in Canadian or foreign currency by, or on behalf of, the Receiver General; and (b) in Parts II and III, a cheque, bill of exchange or other negotiable instrument, other than an instrument in an electronic form, issued in Canadian or foreign currency by, or on behalf of, the appropriate Minister of a department. (chèque) departmental bank account means an account established in a financial institution by the Receiver General under Part II. (compte bancaire d’un ministère) Deputy Receiver General means the Deputy Minister of Public Works and Government Services. (sous-receveur général) holder for value has the same meaning as in section 53 of the Bills of Exchange Act. (détenteur à titre onéreux) Receiver General means the Minister of Public Works and Government Services. (receveur général) signing officer means (a) for the purposes of Part I, a person authorized in writing by the Receiver General to sign cheques on behalf of the Receiver General or on behalf of the Deputy Receiver General, as the case may be, and (b) for the purposes of Part III, a person authorized in writing by the appropriate Minister of a department to sign cheques on behalf of that Minister. (signataire autorisé) Current to June 20, 2022 Cheque Issue Regulations, 1997 PART I Receiver General Cheques Sections 2-3 PART I Receiver General Cheques Issuing of Cheques 2 The Receiver General is responsible for the procuring, numbering and safekeeping of the forms for cheques. 3 (1) Every cheque issued must (a) subject to section 4, bear (i) the signature of the Receiver General or a signing officer, or (ii) the signature of the Deputy Receiver General or a signing officer; (b) bear the name of the payee; (c) be for a specified amount; and (d) bear no alteration in its amount or in the name of the payee. (2) Subject to subsection (3), every cheque that is issued must bear the date of (a) the day on which it is issued; (b) the day on which the payment in respect of which it is issued is due; or (c) the day on which that payment is to be made. (3) The Receiver General may authorize the dating of a cheque by reference only to the month and year in which the payment in respect of which the cheque is issued is due and without reference to any day of the month, if the cheque (a) is not released before the month in which the payment is due; (b) represents a payment under an Act of Parliament that does not specify a day on which the payment must be made; (c) represents a recurring payment in a fixed amount authorized by an Act of Parliament; and (d) is issued in respect of an amount that is due not more than once a month. Current to June 20, 2022 Cheque Issue Regulations, 1997 PART I Receiver General Cheques Issuing of Cheques Sections 3-5 (4) Where authorization of the Receiver General is granted under subsection (3), the day of the month may nevertheless be shown on the cheque. 4 Where the Receiver General authorizes the signing of cheques by the use of equipment capable of reproducing the signatures of the persons referred to in paragraph 3(1)(a), such cheques may be signed in that manner. Replacement Cheques 5 (1) Subject to subsections (3) and (4), where the payee of a cheque reports that the cheque has not been received by the payee, or the payee or holder for value of a cheque reports that the cheque has been lost, destroyed or stolen, the Receiver General or a signing officer shall issue a replacement cheque to the payee or holder for value, in the name of the payee or holder for value, for the same amount as the original cheque if the payee or holder for value provides a form of undertaking. (2) The form of undertaking referred to in subsection (1) must (a) comprise (i) the name and address of the payee or holder for value, (ii) the amount, date of issue and purpose of the cheque that was not received or was lost, destroyed or stolen, and (iii) an undertaking whereby the payee or holder for value agrees to return the original cheque to the Receiver General if it comes into the possession of the payee or holder for value and to indemnify and save harmless Her Majesty in right of Canada from any loss or expense incurred in connection therewith; (b) be signed by the payee or holder for value before a witness, and by that witness; and (c) be forwarded to the Receiver General. (3) Where the payee or holder for value of a cheque referred to in subsection (1) is a supplier or the recipient of grants or contributions and the original cheque is for an amount greater than $5,000, the Receiver General or a signing officer shall not issue a replacement cheque to the payee or holder for value unless the payee or holder for value provides, together with the form of undertaking referred to in subsection (1), an affidavit or statutory declaration sworn or declared before a commissioner for oaths, justice of the peace or other person before whom Current to June 20, 2022 Cheque Issue Regulations, 1997 PART I Receiver General Cheques Replacement Cheques Sections 5-7 affidavits or declarations may be lawfully sworn or declared in Canada or abroad, respecting the non-receipt, loss, destruction or theft of the original cheque. (4) The Receiver General or a signing officer shall issue a replacement cheque to a payee referred to in subsection (1) without the payee having to provide an undertaking if the payee requests in writing the issue of a replacement cheque and the cheque represents (a) a recurring payment in a fixed amount authorized by an Act of Parliament; or (b) a payment made under a program where the payee is required to provide an undertaking as part of the terms and conditions of the program. 6 Despite anything in this Part, the Receiver General or a signing officer shall issue a replacement cheque, without requiring the provision of any document that would otherwise be required under this Part, if the Receiver General is notified by an employee or public officer of a department, the Canada Post Corporation or another carrier, the Royal Canadian Mounted Police or a provincial or municipal police force that a cheque cannot be delivered to the payee of the cheque by reason of (a) an act of God; (b) fire; (c) theft; (d) loss or accidental destruction of the cheque in the course of delivery; or (e) inaccessibility of the cheque that will probably result in a delay in delivery beyond the date on which the payment in respect of which the cheque was issued is due. PART II Departmental Bank Accounts Establishment by Receiver General — Authorized Expenditures 7 (1) The appropriate Minister of a department who is required to make expenditures in locations where the normal facilities for the issue of Receiver General cheques are not immediately available may apply to the Receiver General for the establishment of a departmental Current to June 20, 2022 Cheque Issue Regulations, 1997 PART II Departmental Bank Accounts Establishment by Receiver General — Authorized Expenditures Section 7 bank account in the name of that department or a branch or division of that department. (2) On the receipt of an application under subsection (1), the Receiver General may establish a departmental bank account in the name of the department, or branch or division of the department, referred to in that subsection, from which only the following classes of expenditures may be made: (a) emergency salary advances; (b) accountable travel advances, where the use of a travel credit card or participation in the traveller’s cheque program is not a satisfactory alternative to the appropriate Minister; (c) reimbursement of travel and removal expenses; (d) payment of supplies and services acquired under local purchase authority where immediate payment is required; (e) reimbursement of expenditures made from petty cash advances; (f) brokerage fees and customs duties payable to an independent customs broker; (g) postage; and (h) payment of salaries and wages to part-time and term employees who are employed locally under the Locally-Engaged Staff Employment Regulations, 1995 and who are not paid through the Canadian Forces, Royal Canadian Mounted Police or public service pay systems under section 12 of the Department of Public Works and Government Services Act. (3) Two signatures are required on any cheque drawn on a departmental bank account for the expenditures referred to in subsection (2), unless, at the request of the appropriate Minister of the department, the Treasury Board authorizes a single signature. (4) Subject to subsection (5), no expenditure in excess of $5,000 shall be made from a departmental bank account without the approval of the Treasury Board. (5) Expenditures in excess of $5,000 may be made from a departmental bank account without the approval of the Treasury Board for the purpose of Current to June 20, 2022 Cheque Issue Regulations, 1997 PART II Departmental Bank Accounts Establishment by Receiver General — Authorized Expenditures Sections 7-9 (a) paying locally engaged employees, if the department has the authority to make such payments; or (b) issuing an emergency salary advance under paragraph 4(b) of the Accountable Advances Regulations. Further Authorization of Expenditures by Treasury Board 8 (1) Where a departmental bank account has been established by the Receiver General, or the establishment of such an account is being applied for, under section 7, the appropriate Minister of the department may apply to the Treasury Board for authorization to make from that account expenditures other than those set out in subsection 7(2). (2) On the receipt of an application under subsection (1), the Treasury Board may grant an authorization to the appropriate Minister, which authorization must be in writing and set out (a) the classes of expenditures for which the authorization is granted; and (b) the number of signatures required on any cheque drawn on the departmental bank account for those expenditures. General 9 Despite the establishment of a departmental bank account by the Receiver General under section 7 or the granting of any authorization in respect of that account by the Treasury Board under section 8, the Receiver General may direct the appropriate Minister of the department to (a) direct the financial institution in which that account is established to refuse payment of any cheque drawn on that account; (b) withdraw the authority given to any person to draw cheques on that account; or (c) discontinue that account and pay the balance remaining in it to the Receiver General. Current to June 20, 2022 Cheque Issue Regulations, 1997 PART III Departmental Bank Account Cheques Sections 10-12 PART III Departmental Bank Account Cheques Issuing of Cheques 10 The Receiver General is responsible for (a) procuring and numbering the forms of cheques to be drawn on every departmental bank account; and (b) establishing procedures to be followed for the operation of departmental bank accounts. 11 Every cheque drawn on a departmental bank account must (a) bear the signature of one or more signing officers, as the case may be; (b) bear the name of the payee; (c) be for a specified amount; (d) bear no alteration in its amount or in the name of the payee; and (e) bear the date of the day on which it is issued or on which the payment in respect of which it is issued is due. Replacement Cheques 12 (1) Subject to subsection (2), where the payee of a cheque drawn on a departmental bank account reports that the cheque has not been received by the payee, or the payee or holder for value of such a cheque reports that the cheque has been lost, destroyed or stolen, one or more signing officers, as the case may be, shall issue a replacement cheque to the payee or holder for value, in the name of the payee or holder for value, for the same amount as the original cheque, if the payee or holder for value provides (a) a form of undertaking that meets the requirements of subsection 5(2); and (b) where the original cheque was for an amount greater than $5,000, an affidavit or statutory declaration sworn or declared before a commissioner for oaths, justice of the peace or other person before whom affidavits or declarations may be lawfully sworn Current to June 20, 2022 Cheque Issue Regulations, 1997 PART III Departmental Bank Account Cheques Replacement Cheques Sections 12-14 or declared in Canada or abroad, respecting the nonreceipt, loss, destruction or theft of the original cheque. (2) No replacement cheque shall be issued in accordance with subsection (1) unless (a) the original cheque has not been cashed; and (b) a stop payment direction has been given to the financial institution in respect of the original cheque. Repeal 13 [Repeal] Coming into Force 14 These Regulations come into force on April 23, 1997. Current to June 20, 2022
CONSOLIDATION Critical Habitat of the Northern Bottlenose Whale (Hyperoodon ampullatus) Scotian Shelf Population Order SOR/2018-157 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS Critical Habitat of the Northern Bottlenose Whale (Hyperoodon ampullatus) Scotian Shelf Population Order 1 Application Coming into Force Current to June 20, 2022 ii Registration SOR/2018-157 July 6, 2018 SPECIES AT RISK ACT Critical Habitat of the Northern Bottlenose Whale (Hyperoodon ampullatus) Scotian Shelf Population Order Whereas the Northern Bottlenose Whale (Hyperoodon ampullatus) Scotian Shelf population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Acta; Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry; And whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order; Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Acta, makes the annexed Critical Habitat of the Northern Bottlenose Whale (Hyperoodon ampullatus) Scotian Shelf Population Order. Ottawa, July 3, 2018 Le ministre des Pêc Dominic Minister of Fishe a S.C. 2002, c. 29 b S.C. 2015, c. 10, s. 60 Current to June 20, 2022 Critical Habitat of the Northern Bottlenose Whale (Hyperoodon ampullatus) Scotian Shelf Population Order Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Northern Bottlenose Whale (Hyperoodon ampullatus) Scotian Shelf population — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, in Zone 1 of the Gully Marine Protected Area as depicted in Schedule 2 to the Gully Marine Protected Area Regulations. Coming into Force 2 This Order comes into force on the day on which it is registered. Current to June 20, 2022
CONSOLIDATION Competency of Operators of Pleasure Craft Regulations SOR/99-53 Current to June 20, 2022 Last amended on October 6, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on October 6, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on October 6, 2020 TABLE OF PROVISIONS Competency of Operators of Pleasure Craft Regulations 1 Interpretation Application Prohibitions Competency Accredited Courses Test Administered Under an Approved Protocol 7.1 Suspension of Accreditation or Approval Rental Boat Safety Checklist Coming into Force SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Current to June 20, 2022 Last amended on October 6, 2020 ii Registration SOR/99-53 January 15, 1999 CANADA SHIPPING ACT, 2001 Competency Regulations P.C. 1999-11 of Operators of Pleasure Craft January 15, 1999 His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, pursuant to section 562a of the Canada Shipping Act, hereby makes the annexed Competency of Operators of Pleasure Craft Regulations. a R.S., c. 6 (3rd Supp.), s. 77 Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Interpretation 1 The definitions in this section apply in these Regulations. accredited course means a series of lessons in respect of boating safety that has been accredited by the Department of Transport under section 6. (cours agréé) accredited test means a test referred to in paragraph 7(4)(c). (examen agréé) Boating Safety Course Completion Card means a card issued, by a person who provided a boating safety course in Canada, to a person who successfully completed the course before April 1, 1999. (carte de réussite d’un cours de sécurité nautique) candidate means a person presenting themselves at a test site to take the test or a person taking the test for a Pleasure Craft Operator Card. (candidat) CCG-accredited course [Repealed, SOR/2007-124, s. 1] CCG-accredited test [Repealed, SOR/2007-124, s. 1] course provider means a person who has obtained the accreditation of a boating safety course in accordance with section 6. (prestataire de cours) enforcement officer [Repealed, SOR/2013-234, s. 1] operate means the action of controlling the speed and course of a pleasure craft. (conduire) Pleasure Craft Operator Card means a card issued by a course provider that attests that the cardholder has received a mark of at least 75 per cent on a test. (carte de conducteur d’embarcation de plaisance) proof of age means a Pleasure Craft Operator Card, birth certificate, baptismal certificate, passport, driver’s licence or other official document that sets out the person’s date of birth. (preuve d’âge) proof of competency means a Pleasure Craft Operator Card, a Boating Safety Course Completion Card, a rental boat safety checklist, proof of the successful completion of a boating safety course, or a certificate or other Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Interpretation Sections 1-3 document pertaining to boating safety knowledge, as required under section 4. (preuve de compétence) proof of residency means a passport, driver’s licence or other official government document that sets out a person’s place of residence. (preuve de résidence) test means a boating safety test that meets the requirements of section 7 taken for the purpose of obtaining a Pleasure Craft Operator Card. (examen) SOR/2002-18, s. 1; SOR/2007-124, s. 1, err., Vol. 141, No. 15; SOR/2013-234, s. 1. Application 2 (1) These Regulations apply in respect of pleasure craft that are fitted with a motor and that are operated for recreational purposes in Canadian waters, other than the waters of the Northwest Territories and Nunavut. (2) These Regulations do not apply in respect of seaplanes. Prohibitions 3 (1) Subject to subsection (2), no person shall operate a pleasure craft unless the person (a) is competent to operate the pleasure craft in accordance with section 4; and (b) has proof of competency on board. (2) Subsection (1) does not apply to a person who (a) is operating the pleasure craft under the supervision of an instructor as part of an accredited course; (b) is not a resident of Canada and whose pleasure craft is in Canada for less than 45 consecutive days; or (c) has proof on board that the person holds a certificate of competency, training certificate, endorsement or other equivalency listed in the schedule. (d) [Repealed, SOR/2013-234, s. 2] Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Prohibitions Sections 3-4 (2.1) No person in charge of a pleasure craft shall allow another person to operate the pleasure craft unless that other person is a person referred to in subsection (1) or (2). (3) A person referred to in paragraph (2)(b) or 4(2)(b) shall not operate a pleasure craft without proof of residency on board the pleasure craft. (4) Except where replacing a previously issued card or issuing a card to a person providing proof that the person holds a certificate of competency, training certificate, endorsement or other equivalency listed in the schedule, no course provider shall issue a Pleasure Craft Operator Card to a candidate unless the provider or their agent has administered to the candidate a test that meets the requirements of section 7. SOR/2002-18, s. 2; SOR/2007-124, s. 2, err., Vol. 141, No. 15; SOR/2013-234, s. 2. Competency 4 (1) Subject to subsection (2), a person is competent to operate a pleasure craft (a) if the person has received a mark of at least 75 per cent on a test and has been issued a Pleasure Craft Operator Card; (b) if the person had successfully completed a recreational boating safety course in Canada before April 1, 1999 and has a Boating Safety Course Completion Card or other written proof of that completion; or (c) in the case of a pleasure craft rented from a rental agency or from a representative of a rental agency, (i) if the person meets the condition set out in paragraphs (a) or (b), or (ii) if the person and the agency or representative complete and sign, before the pleasure craft is operated, a rental boat safety checklist that contains the information referred to in section 8 and the person operates the pleasure craft only during the rental period. (2) A person who is not a resident of Canada is competent to operate a pleasure craft if the person Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Competency Sections 4-6 (a) has proof of competency as set out in subsection (1); or (b) has been issued a certificate or other similar document that meets the requirements of the person’s state or country. SOR/2007-124, s. 3, err., Vol. 141, No. 15; SOR/2013-234, s. 3. 5 [Repealed, SOR/2007-124, s. 4, err., Vol. 141, No. 15] Accredited Courses [SOR/2007-124, s. 5, err., Vol. 141, No. 15] 6 (1) A person shall apply for the accreditation of a boating safety course by making a written request and submitting 4 copies of the course to the Department of Transport. (2) The Department of Transport may accredit, as an accredited course, a course that (a) defines boating terms and expressions; (b) describes the responsibilities of the operators of pleasure craft, including the requirement to have the appropriate equipment and charts, maps and other documents on board the pleasure craft; (c) sets out safety procedures to be followed by operators and occupants of pleasure craft, including appropriate responses to boating emergencies and other situations; (d) sets out general boating safety knowledge; and (e) reviews these Regulations and the provisions of the following statutes and regulations relating to the matters referred to in paragraphs (a) to (c), as applicable: (i) the Canada Shipping Act, 2001, (ii) the provisions of the Contraventions Act and the regulations made under it that pertain to contraventions of the Canada Shipping Act, 2001 and the regulations made under it, (iii) the Criminal Code, (iv) the Vessel Operation Restriction Regulations, (v) the Navigation Safety Regulations, 2020, (vi) the Collision Regulations, and (vii) the Small Vessel Regulations. Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Accredited Courses Sections 6-7 (3) The Department of Transport may (a) suspend the accreditation of any boating safety course where the course no longer meets the criteria set out in subsection (2); and (b) reinstate the accreditation where the reasons for the suspension have been remedied. SOR/2007-124, s. 6, err., Vol. 141, No. 15; SOR/2013-234, s. 4; SOR/2020-216, s. 412. Test Administered Under an Approved Protocol 7 (1) Subject to section 7.1, a course provider or their agent may administer a test only if the test (a) is administered in accordance with the course provider’s test protocol submitted to and approved by the Minister; and (b) meets the requirements of subsections (3) and (4). (2) The Minister shall approve a test protocol if it contains procedures ensuring that (a) the identity and age of each candidate are verified; (b) each candidate receives clear instructions, before the test begins, on (i) the maximum duration of the test, (ii) the passing grade, and (iii) the procedures to be followed to complete the test; (c) during the test, no candidate (i) communicates with any person other than the person administering the test, (ii) has access to documentation other than the test and the instructions that relate to it, (iii) copies, removes from the test site or sends to anyone the test or any portion of it, or (iv) consumes alcoholic beverages; (d) the test site is a site Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Test Administered Under an Approved Protocol Section 7 (i) that is designated solely for the use of the person administering the test, candidates and, if applicable, agents of the Department of Transport, for the duration of the test, (ii) that is owned, leased, occupied or otherwise controlled by the course provider but that is in no way under the control of a candidate taking the test such as a site that is the residence of a candidate taking the test, (iii) in respect of which the course provider has undertaken to permit access, on request, to any agents of the Department of Transport, (iv) that conforms to the description furnished by the course provider in their test protocol, and (v) that, in the case of a test site situated within a space where a commercial or sporting activity occurs concurrently with the test, is delineated by walls or partitions in such a manner that the candidates are incapable of seeing anything outside the test site during the taking of the test except through a window; (e) no candidate may take a test more than once in one day; (f) any candidate who does not comply with the requirements of paragraph (c) is removed from the test site and their answers automatically rejected for that test; (g) the ratio of candidates to persons administering the test shall not exceed 20 to 1; and (h) a copy of the test protocol shall be available at the test site for consultation, including an inspection by an agent of the Department of Transport. (3) All tests shall be supervised throughout their duration by the person administering the test and can be provided to a candidate only at a test site and in one of the following formats: (a) in paper format; (b) electronically by computer; or (c) by one of the following means if the candidate is the sole candidate present: Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Test Administered Under an Approved Protocol Sections 7-7.1 (i) in the case of a candidate who does not fluently read English or French or is deaf or mute, by the person administering the test asking the questions orally, if necessary through a competent and independent interpreter, and (ii) in any other specific case, by any other method of communication that meets the needs generated by a candidate’s documented health problem. (4) The following requirements apply to the type of test specified: (a) every test shall be composed of 36 items or questions distributed as follows: (i) 9 items or questions on the matters referred to in paragraph 6(2)(a) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters, (ii) 9 items or questions on the matters referred to in paragraph 6(2)(b) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters, (iii) 12 items or questions on the matters referred to in paragraph 6(2)(c) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters, and (iv) 6 items or questions on the matters referred to in paragraph 6(2)(d); (b) in the case of a test other than one referred to in paragraph (c) and in the case of all tests administered by computer, the items or questions shall be randomly selected from the most recent bank of questions provided by the Department of Transport to course providers who have had their test protocols approved under subsection (2); and (c) in the case of a test accredited before July 24, 2003 and administered by the person who obtained the accreditation or their agent, the test shall not have been altered since that accreditation. SOR/2007-124, s. 7, err., Vol. 141, No. 15; SOR/2013-234, s. 5. Suspension of Accreditation or Approval 7.1 (1) If a course provider issues a Pleasure Craft Operator Card without having complied with subsection 3(4), if a test is not administered in accordance with the test protocol approved under subsection 7(2) and applicable Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations Suspension of Accreditation or Approval Sections 7.1-9 to it or it is demonstrated that a course is being given or a test is being administered to a candidate in such a manner that, on completion of the course or the test, the person’s knowledge of the matters referred to in subsection 6(2) is doubtful, the Department of Transport may do any or all of the following: (a) suspend the accreditation of an accredited course; (b) suspend the accreditation of an accredited test; and (c) suspend the approval of a test protocol under subsection 7(2). (2) The Department of Transport shall reinstate an accreditation or approval suspended under subsection (1) if the situation that justified the suspension has been remedied. (3) No person shall administer a course whose accreditation has been suspended or a test whose accreditation or whose test protocol approval has been suspended, except where an accreditation or approval has been reinstated. SOR/2002-18, s. 4; SOR/2007-124, s. 7, err., Vol. 141, No. 15. Rental Boat Safety Checklist 8 A rental agency or a representative of a rental agency shall include, in the rental boat safety checklist for a pleasure craft, a statement that the agency or representative has given to every person who will operate the pleasure craft information pertaining to (a) the operation of the pleasure craft; (b) the principal boating safety rules; and (c) the geographic features and hazards in the area in which the pleasure craft will be operated. SOR/2013-234, s. 6. 8.1 [Repealed, SOR/2013-234, s. 7] 8.2 [Repealed, SOR/2013-234, s. 7] 8.3 [Repealed, SOR/2007-124, s. 8, err., Vol. 141, No. 15] Coming into Force 9 These Regulations come into force on April 1, 1999. Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies SCHEDULE (Paragraph 3(2)(c) and subsection 3(4)) List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies PART 1 Issued by Department of Transport Barge Supervisor, MOU/Self-elevating Superviseur de barge, UML/auto-élévatrice Barge Supervisor, MOU/Surface Superviseur de barge, UML/surface Bridge Watchman Homme de quart à la passerelle Bridge Watch Rating Matelot de quart à la passerelle Certificate of Service as Master of a fishing vessel of less than 60 gross tonnage Brevet de service de capitaine de bâtiment de pêche, jauge brute de moins de 60 Certificate of Service as Master of a fishing vessel of not more than 100 tons, gross tonnage Brevet de service de capitaine de bateau de pêche d’au plus 100 tonneaux de jauge brute Certificate of Service as Master of a ship of not more than 1600 tons, gross tonnage Brevet de service de capitaine de navire d’au plus 1 600 tonneaux de jauge brute Certificate of Service as Master of a steamship of not more than 350 tons, gross tonnage Brevet de service de capitaine de navire à vapeur d’au plus 350 tonneaux de jauge brute ou Brevet de service de capitaine de navire à vapeur d’une jauge brute maximale de 350 tonneaux Certificate of Service as Watchkeeping Mate of a fishing vessel of less than 24 metres in length Brevet de service d’officier de pont de quart de bâtiment de pêche d’une longueur hors-tout de moins de 24 mètres Certificate of Service as Watchkeeping Mate of a fishing vessel of less than 100 gross tonnage Brevet de service d’officier de pont de quart de bâtiment de pêche d’une jauge brute de moins de 100 Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Chief Mate Premier officier de pont Chief Mate 150 Gross Tonnage, Domestic Premier officier de pont, jauge brute de 150, navigation intérieure Chief Mate 500 Gross Tonnage, Domestic Premier officier de pont, jauge brute de 500, navigation intérieure Chief Mate, Limited for a vessel of 60 gross tonnage or more Premier officier de pont, avec restrictions, bâtiment d’une jauge brute de 60 ou plus Chief Mate, Limited for a vessel of less than 60 gross tonnage Premier officier de pont, avec restrictions, bâtiment d’une jauge brute de moins de 60 Chief Mate, Near Coastal Premier officier de pont, à proximité du littoral First Mate, Foreign-going Premier lieutenant d’un navire à vapeur au long cours First Mate, Home Trade Premier lieutenant d’un navire à vapeur de cabotage First Mate Home Trade, Second Mate Foreign-going Premier lieutenant au cabotage, deuxième lieutenant au long cours First Mate, Inland Waters Premier lieutenant, eaux intérieures First Mate, Intermediate Run Ferry Premier lieutenant de transbordeur à trajet intermédiaire First Mate, Intermediate Voyage Premier officier de pont, voyage intermédiaire First Mate, Limited Premier officier de pont, avec restrictions First Mate, Limited for an intermediate run ferry Premier officier de pont, avec restrictions, pour un traversier parcourant des distances intermédiaires First Mate, Limited for a short run ferry Premier officier de pont, avec restrictions, pour un traversier parcourant de courtes distances First Mate, Local Voyage Premier officier de pont, voyage local First Mate, Long Run Ferry Premier lieutenant de transbordeur à trajet long First Mate, Short Run Ferry Premier lieutenant de transbordeur à trajet court Fishing Master Capitaine de bateau de pêche Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Fishing Master, First Class Capitaine de bâtiment de pêche, première classe ou Capitaine de pêche, première classe Fishing Master, Fourth Class Capitaine de bâtiment de pêche, quatrième classe ou Capitaine de pêche, quatrième classe Fishing Master, Restricted Capitaine de bateau de pêche, avec restrictions Fishing Master, Second Class Capitaine de bâtiment de pêche, deuxième classe ou Capitaine de pêche, deuxième classe Fishing Master, Third Class Capitaine de bâtiment de pêche, troisième classe ou Capitaine de pêche, troisième classe Fishing Mate Lieutenant de bateau de pêche Master 150 Gross Tonnage, Domestic Capitaine, jauge brute de 150, navigation intérieure Master 500 Gross Tonnage, Domestic Capitaine, jauge brute de 500, navigation intérieure Master 3000 Gross Tonnage, Domestic Capitaine, jauge brute de 3 000, navigation inté‐ rieure Master 3000 Gross Tonnage, Domestic, Limited to a Near Coastal Voyage, Class 2 if the voyage is a minor waters voyage as defined in the Canada Shipping Act, in the version that was in force immediately before the coming into force of the Canada Shipping Act, 2001 Capitaine, jauge brute de 3 000, navigation inté‐ rieure, limité aux voyages à proximité du littoral, classe 2, s’il s’agit de voyages en eaux secondaires au sens de la Loi sur la marine marchande du Canada, dans sa version en vigueur avant l’entrée en vigueur de la Loi de 2001 sur la marine marchande du Canada Master 500 Gross Tonnage, Near Coastal Capitaine, jauge brute de 500, à proximité du littoral Master 3000 Gross Tonnage, Near Coastal Capitaine, jauge brute de 3 000, à proximité du lit‐ toral Master, Foreign-going Capitaine d’un navire à vapeur au long cours Master, Foreign-going Certificate of Service Brevet de service de capitaine d’un navire à vapeur au long cours Master, Home Trade Capitaine au cabotage Master Home Trade, First Mate Foreign-going Capitaine au cabotage, premier lieutenant au long cours Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Master, Inland Waters Capitaine, eaux intérieures Master, Intermediate Run Ferry Capitaine de transbordeur à trajet intermédiaire Master, Intermediate Voyage Capitaine, voyage intermédiaire Master, Limited Capitaine, avec restrictions Master, Limited for an intermediate run ferry Capitaine, avec restrictions, pour un traversier parcourant des distances intermédiaires Master, Limited for a pleasure yacht of more than 20 metres in length Capitaine, avec restrictions, pour un yacht de plaisance de plus de 20 mètres de longueur Master, Limited for a short run ferry Capitaine, avec restrictions, pour un traversier parcourant de courtes distances Master, Limited for a vessel of 60 gross tonnage or more Capitaine, avec restrictions, bâtiment d’une jauge brute de 60 ou plus Master, Limited for a vessel of less than 60 gross tonnage Capitaine, avec restrictions, bâtiment d’une jauge brute de moins de 60 Master, Local Voyage Capitaine, voyage local Master, Long Run Ferry Capitaine de transbordeur à trajet long Master Mariner Capitaine au long cours Master, Minor Waters Capitaine d’eaux secondaires Master, Near Coastal Capitaine, à proximité du littoral Master, Ship of not more than 350 tons, gross tonnage, or tug, home trade or inland waters Capitaine d’un navire d’au plus 350 tonneaux, jauge brute, ou d’un remorqueur, cabotage ou eaux intérieures Master, Ship of not more than 350 tons, gross tonnage, or tug, home trade voyage Capitaine, navire d’au plus 350 tonneaux de jauge brute ou remorqueur, cabotage ou Capitaine de navire d’une jauge brute maximale de 350 ton‐ neaux ou de remorqueur affecté à un voyage au cabotage ou Capitaine d’un navire d’au plus 350 tonneaux, jauge brute, ou d’un remorqueur, cabotage Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Master, Ship of not more than 350 tons, gross tonnage, or tug, inland waters voyage Capitaine, navire d’au plus 350 tonneaux de jauge brute ou remorqueur, eaux intérieures ou Capitaine de navire d’une jauge brute maximale de 350 tonneaux ou de remorqueur affecté à un voyage en eaux intérieures Master, Ship of not more than 350 tons, gross tonnage, or tug, local voyage Capitaine, navire d’au plus 350 tonneaux de jauge brute ou remorqueur, voyage local Master, Short Run Ferry Capitaine de transbordeur à trajet court Offshore Installation Manager, MOU/Self-elevating Chef d’installation au large, UML/auto-élévatrice Offshore Installation Manager, MOU/Surface Chef d’installation au large, UML/surface Proficiency in Fast Rescue Boats Aptitude à l’exploitation des canots de secours rapides Proof of at least seven fishing seasons, with no two of those seasons occurring in the same year, as master of a fishing vessel of up to 15 gross tonnage or not more than 12 metres in overall length, acquired before July 1, 2007, in the form of a signed declaration or a Transport Canada card that is issued in respect of the signed declaration Preuve d’au moins sept saisons de pêche, dont deux ne peuvent survenir dans une même année, à titre de capitaine d’un bâtiment de pêche d’une jauge brute d’au plus 15 ou d’une longueur hors-tout d’au plus 12 mètres obtenue avant le 1er juillet 2007, sous forme de déclaration signée ou d’une carte de Transports Canada délivrée à l’égard de la déclaration signée Proof of at least seven fishing seasons, with no two of those seasons occurring in the same year, as officer in charge of deck watch of a fishing vessel of up to 15 gross tonnage or not more than 12 metres in overall length, acquired before July 1, 2007, in the form of a signed declaration or a Transport Canada card that is issued in respect of the signed declaration Preuve d’au moins sept saisons de pêche, dont deux ne peuvent survenir dans une même année, à titre d’officier de pont de quart d’un bâtiment de pêche d’une jauge brute d’au plus 15 ou d’une longueur hors-tout d’au plus 12 mètres ob‐ tenue avant le 1er juillet 2007, sous forme de dé‐ claration signée ou d’une carte de Transports Canada délivrée à l’égard de la déclaration signée Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Restricted Watchkeeping Mate, Ship Officier de pont de quart de navire, avec restrictions Second Mate, Foreign-going Deuxième lieutenant d’un navire à vapeur au long cours Second Mate, Home Trade Deuxième lieutenant d’un navire à vapeur au cabotage Second Mate, Inland Waters Deuxième lieutenant, eaux intérieures Watchkeeping Mate Officier de pont de quart ou Officier de pont de quart de navire Watchkeeping Mate, Fishing Lieutenant de quart de navire de pêche Watchkeeping Mate, MODU/Inland Officier de pont de quart, UMFM/eaux internes Watchkeeping Mate, MODU/Self-elevating Officier de pont de quart, UMFM/auto-élévatrice Watchkeeping Mate, MODU/Surface Officier de pont de quart, UMFM/surface Watchkeeping Mate, Near Coastal Officier de pont de quart, à proximité du littoral Watchkeeping Mate of a fishing vessel of less than 24 metres in length overall Officier de pont de quart de bâtiment de pêche d’une longueur hors-tout de moins de 24 mètres Watchkeeping Mate, Ship Officier de pont de quart de navire Watchkeeping Officer of a fishing vessel of not more than 150 gross tonnage and less than 24 metres in overall length Officier de quart d’un bâtiment de pêche d’une jauge brute d’au plus 150 et d’une longueur horstout de moins de 24 mètres Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies PART 2 Issued by Canadian Coast Guard Coast Guard Command Certificate Brevet de commandement de la flotte de la Garde côtière canadienne Coast Guard Command Endorsement Attestation de commandement de la flotte de la Garde côtière canadienne Coast Guard Small Vessel Command Certificate Brevet de commandement de petits navires de la Garde côtière canadienne Coast Guard Small Vessel Command Endorsement Attestation de commandement de petits navires de la Garde côtière canadienne Coast Guard Watchkeeping Certificate Brevet d’officier de quart de la Garde côtière canadienne Coast Guard Watchkeeping Endorsement Attestation d’officier de quart de la Garde côtière canadienne Fast Rescue Craft Course Formation pour embarcation rapide de sauvetage Rigid Hull Inflatable Operator Training Formation pour opérateur d’embarcation à coque pneumatique rigide Small Craft Operator – Advanced Formation d’opérateur de petite embarcation — niveau avancé Small Craft Operator – Basic Formation d’opérateur de petite embarcation de base Small Craft Training Formation pour les petites embarcations PART 3 Issued by Department of National Defence Bridge Watchkeeping Officier de quart à la passerelle Deep Draught Officer or Fleet Navigating Officer Officier navigateur de haute mer ou de flotte Destroyer Navigating Officer Officier navigateur de destroyer Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Minor War Vessel or Surface Ship Command (delivered after 1997) Capitaine d’un petit bâtiment de guerre ou de surface (délivré après 1997) Patrol Vessel Command Capitaine de bâtiment de patrouille Royal Canadian Navy Boat Coxswain Course Cours de timonier de la Marine royale canadienne Surface Ship Command Capitaine d’un navire de surface Upper Deck Watchkeeping Quart à la passerelle PART 4 Issued by Fisheries and Marine Institute of Memorial University of Newfoundland Small Vessel Operator – Commercial/Fishing Vessels Conducteur de petits bâtiments – Bâtiments de pêche commerciale PART 5 Issued by Professional Fish Harvesters Certification Board of Newfoundland and Labrador Basic Safety For Fish Harvesters (5 Days) Cours de sécurité de base pour (cinq jours) pêcheurs PART 6 Issued by Recognized Institution Basic Safety and Operator Proficiency for Small NonPleasure Craft in Sheltered Waters (MED A4) Certificat de cours élémentaire de sécurité et compétences des conducteurs de petits bâtiments avec autres que des embarcations de plaisance en eaux abritées (FUM A4) Current to June 20, 2022 Last amended on October 6, 2020 Competency of Operators of Pleasure Craft Regulations SCHEDULE List of Certificates of Competency, Training Certificates, Endorsements and Other Equivalencies Small Vessel Operator Proficiency (SVOP) training certificate Certificat de formation de conducteur de petits bâtiments SOR/2013-234, s. 8. Current to June 20, 2022 Last amended on October 6, 2020
CONSOLIDATION Commissioner’s Standing Orders (Grievances) [Repealed, SOR/2014-293, s. 11] Current to June 20, 2022 Last amended on November 28, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations (3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on November 28, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on November 28, 2014 TABLE OF PROVISIONS Commissioner’s Standing Orders (Grievances) Current to June 20, 2022 Last amended on November 28, 2014 ii