text
stringlengths 839
7.21M
|
|---|
CONSOLIDATION
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations
SOR/2016-22
Current to June 20, 2022 Last amended on February 27, 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 February 27, 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 February 27, 2016
TABLE OF PROVISIONS Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations
Definitions 1
Definitions
PART 1
Regulatory Activity Plan Charges Estimated Annual Charge 2
Regulatory activity plan
Existing project
Recalculation
Quarterly Invoicing 5
Invoice
Annual Charge Adjustment 6
Annual adjustment
PART 2
Formula Fees Interpretation 7
Interpretation
Publication 8
Publication by Board
Formulas 9
Basic formula
Payment of Fees 10
Fees calculated under section 9
PART 3
Geodata Centre 11
Definition of daily access rate
Sample access fee
Current to June 20, 2022 Last amended on February 27, 2016
ii
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations TABLE OF PROVISIONS
PART 4
Other Charges 13
Reimbursement of Board costs
PART 5
General Interest 14
Compound interest rate of 1.5%
Remittance of Fees and Charges 15
Remittance
PART 6
Transitional Provisions and Coming into Force Transitional Provisions 16
Non-application of section 3
Coming into Force *17
S.C. 2015, c. 4
Current to June 20, 2022 Last amended on February 27, 2016
iv
Registration SOR/2016-22 February 19, 2016
CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT
Canada–Nova Scotia Recovery Regulations
P.C. 2016-70
Offshore
Petroleum
Cost
February 19, 2016
Whereas, pursuant to subsection 154(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Acta, a copy of the proposed Canada–Nova Scotia Offshore Petroleum Cost Recov‐ ery Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 11, 2015 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations; And whereas, pursuant to subsection 6(1)b of that Act, the Minister of Natural Resources has consulted the Provincial Minister with respect to the proposed Regulations and the Provincial Minister has approved the making of those Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 30.1c of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Acta, makes the annexed Canada–Nova Scotia Offshore Petroleum Cost Recov‐ ery Regulations.
a
S.C. 1988, c. 28
b
S.C. 2015, c. 4, s. 72
c
S.C. 2015, c. 4, s. 74
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations
Definitions Definitions 1 The following definitions apply in these Regulations.
Act means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (Loi) actual full cost means the full cost confirmed by the Board’s audited financial statements. (coût entier réel) direct regulatory activities means the activities that are required for the Board to fulfill its regulatory responsibilities such as assessing applications, issuing licences, granting approvals and authorizations, verifying and enforcing compliance with the Act and providing information, products and services. (activités de réglementation directes) indirect regulatory costs means the costs that support the Board’s direct regulatory activities such as office accommodation, supplies and equipment, professional services, communications, travel, management, training, administration, human resources services, finance, information technology services, hardware and software, the preparation of documents (including policies, standards, guidelines, procedures and notices) and the provision of technical expertise (including any advice relating to legislation or regulations) to the Federal Minister or the Provincial Minister at that Minister’s request. (coûts de réglementation indirects) project means the work or the activity referred to in paragraph 142(1)(b) of the Act. (projet)
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 1 Regulatory Activity Plan Charges Sections 2-3
PART 1
Regulatory Activity Plan Charges Estimated Annual Charge Regulatory activity plan 2 For each new project relating to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs in respect of petroleum operations, on receipt of a project description or letter of intent, the Board must (a) prepare a regulatory activity plan; (b) calculate the estimated annual charge payable by
the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of the regulatory activity plan based on (i) the cost of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and (ii) any other costs, excluding costs calculated under other cost recovery methods; and (c) notify the applicant or the operator, in writing, of
the regulatory activity plan and the estimated annual charge payable.
Existing project 3 For each existing project that was previously under a
regulatory activity plan, after approval of the Board’s budget in any given fiscal year following its submission in accordance with subsection 28(2) of the Act, the Board must (a) prepare a new regulatory activity plan; (b) calculate the estimated annual charge payable by
the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of the new regulatory activity plan based on
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 1 Regulatory Activity Plan Charges Estimated Annual Charge Sections 3-6
(i) the cost of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and (ii) any other costs, excluding costs calculated under other cost recovery methods; and (c) notify the applicant or the operator, in writing, of
the new regulatory activity plan and the estimated annual charge payable.
Recalculation 4 If an applicant or operator proposes changes to its project that are not reflected in the regulatory activity plan, the Board may recalculate the estimated annual charge for that project and adjust the payable amount accordingly.
Quarterly Invoicing Invoice 5 (1) The Board must, on a quarterly basis, prepare and send an invoice for an amount equal to 25% of the estimated annual charge payable to each applicant or operator who has been notified under paragraph 2(c) or 3(c).
Payment within 30 days (2) Within 30 days after the date of the invoice, the applicant or the operator must pay the amount invoiced.
Annual Charge Adjustment Annual adjustment 6 (1) Each year, following the end of the fiscal year, the Board must, for each project under a regulatory activity plan, (a) calculate the actual full cost associated with the implementation of the regulatory activity plan; (b) calculate the charge adjustment, if any, by subtracting the estimated annual charge, calculated in accordance with paragraph 2(b) or 3(b), from the actual full cost; and (c) notify the applicant or the operator in writing of the amount of the actual full cost and the amount of the charge adjustment.
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 1 Regulatory Activity Plan Charges Annual Charge Adjustment Sections 6-7
Effect of adjustment (2) If the actual full cost calculated under paragraph (1)(a) is (a) less than the estimated annual charge, the difference is credited to the applicant’s or operator’s account and must be refunded as a credit on the next invoice; or (b) greater than the estimated annual charge, the Board must invoice the applicant or the operator for an amount equal to the difference and the applicant or the operator must pay that amount to the Board within 30 days after the date of the invoice.
PART 2
Formula Fees Interpretation Interpretation 7 In this Part, (a) base units of time are the number of units of time
published by the Board in accordance with section 8 based on the Board’s estimate of the time required for it to undertake direct regulatory activities in relation to each activity set out in the tables to section 9; (b) variable units of time are the number of units of
time published by the Board in accordance with section 8 based on the Board’s estimate of the time required for it to undertake direct regulatory activities in relation to the variables set out in column 3 of the table to subsection 9(3); (c) the effective rate is the rate published by the Board in accordance with section 8 based on the estimated sum of the costs incurred by the Board’s undertaking of all direct regulatory activities and of the Board’s indirect regulatory costs minus the sum of the costs incurred by the Board’s undertaking of regulatory activities that are not recovered by the Board at the request of the Federal Minister and the Provincial Minister and divided by the total number of units of time spent by the Board for those direct regulatory activities; and (d) the heavy burden coefficient is a multiplier that
the Board may apply to a fee for an activity if the Board is of the opinion that the fee must be increased to reflect the additional number of units of time spent by the Board to undertake direct regulatory activities as a result of non-compliance with the Act, negligence
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 2 Formula Fees Interpretation Sections 7-9
or lack of effort by an applicant or operator in responding to any of the Board’s questions during an application process or activity.
Publication Publication by Board 8 Each year the Board must publish, by electronic or other means that is likely to reach applicants and operators, (a) the base units of time for each activity set out in the tables to section 9; (b) the variable units of time for each activity set out
in the table to subsection 9(3); and (c) the effective rate.
Formulas Basic formula 9 (1) The fee for each activity set out in the table to this subsection is determined by the formula A×C
where A
is the base units of time related to each activity; and
C
is the effective rate.
TABLE Item
Activity
Application for a declaration of significant discovery
Application for a declaration of commercial discovery
Application for a significant discovery licence
Application for a licence for subsurface storage
Application for a production licence
Application for an amendment to a licence or a consolidation of licences
Registration of a transfer
Registration of a security notice
Registration of an interest
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 2 Formula Fees Formulas Section 9
Item
Activity
Recording of a notice
Registration of an instrument other than a transfer or security notice
Application for an extension, by order, of the term of a production licence
Application for allowable expenditures
Formula without variable units of time (2) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula A×C×D
where A
is the base units of time related to each activity;
C
is the effective rate; and
D
if applicable, is the heavy burden coefficient.
TABLE Column 1
Column 2
Item
Category of Activity
Activity
Geological operations authorization (with field work)
Geochemical study
Geophysical (without field work)
Geophysical study
Geological (without field work)
Purchase of geological studies
Geological (without field work)
Isotope age dating
Geological (without field work)
In-house geological studies
Geological (without field work)
Petrography
Geological (without field work)
Paleontological or palynological study
Geological (without field work)
Other geophysical activity
Annual compliance fee
All geophysical projects
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 2 Formula Fees Formulas Section 9
Formula with variable units of time (3) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula (A + B) × (C × D)
where A
is the base units of time related to each activity;
B
is the variable units of time multiplied by the number of primary vessels or aircraft to be used in each activity;
C
is the effective rate; and
D
if applicable, is the heavy burden coefficient.
TABLE Column 1
Column 2
Item
Category of Activity
Activity
Geophysical operations authorization (with field work)
2-D seismic re
Geophysical operations authorization (with field work)
3-D seismic re
Geophysical operations authorization (with field work)
4-D seismic re
Geophysical operations authorization (with field work)
Seafloor grav
Geophysical operations authorization (with field work)
Seismic refrac
Geophysical operations authorization (with field work)
Controlled sou
Geophysical operations authorization (with field work)
Other geophy
Geophysical operations authorization (with field work)
Aeromagnetic
Geotechnical authorization (seabed survey)
Piston core
Geotechnical authorization (seabed survey)
Shallow seism
Colonne 1
Colonne 2
Article
Catégorie d’activités
Activité
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
TABLEAU
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 2 Formula Fees Formulas Sections 9-11
Colonne 1
Colonne 2
Article
Catégorie d’activités
Activité
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé de gravit
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
Autorisation d’opérations géophysiques (avec travail de terrain)
Levé électrom
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Autre program
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé aéromag
Autorisation géotechnique (levé marin)
Carottier à pis
Autorisation géotechnique (levé marin)
Levé sismique
Payment of Fees Fees calculated under section 9 10 (1) On the submission of an application in respect of
an activity set out in any table to section 9, the applicant must pay to the Board the fee determined in accordance with that section. Heavy burden coefficient (2) If the Board uses a heavy burden coefficient to calculate an additional charge in respect of an activity, the Board must invoice the applicant or the operator and the applicant or the operator must pay that amount to the Board within 30 days after the date of the invoice.
PART 3
Geodata Centre Definition of daily access rate 11 In this Part, the daily access rate is the rate established and published by the Board by electronic or other means that is likely to reach applicants and operators.
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 3 Geodata Centre Sections 12-14
Sample access fee 12 Any person, except a person requesting access for an academic purpose, the Federal Minister and the Provincial Minister, who accesses a physical sample at the geodata centre must pay the daily access rate for each day the sample is accessed.
PART 4
Other Charges Reimbursement of Board costs 13 The Board may require reimbursement for 100% of its costs for activities that are not set out in Parts 1 to 3 and that are related to the following: (a) any verification of compliance under the Act involving travel to another location by the Board’s staff; (b) the Oil and Gas Committee; (c) any technical analysis or process review that is related to a specific project and that is requested by an applicant or operator; (d) any public review, written or oral hearing or inquiry that is related to a specific project and that is required or initiated by the Board; (e) a participant funding program that is part of an
environmental assessment conducted under the Canadian Environmental Assessment Act, 2012; and (f) information, products or services that are requested by a person.
PART 5
General Interest Compound interest rate of 1.5% 14 Interest on an amount owing to the Board must be calculated and compounded monthly at the rate of 1.5% and is payable and accrues during the period beginning on the due date and ending on the day before the day on which the payment is received by the Board.
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Nova Scotia Offshore Petroleum Cost Recovery Regulations PART 5 General Remittance of Fees and Charges Sections 15-17
Remittance of Fees and Charges Remittance 15 For the purposes of section 30.3 of the Act, the fees
and charges obtained in accordance with these Regulations must be remitted on a quarterly basis subject to the Board’s operational requirements.
PART 6
Transitional Provisions and Coming into Force Transitional Provisions Non-application of section 3 16 (1) Section 3 does not apply to a project that
relates to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs if the applicant or the operator has paid 100% of the Board’s estimated costs for the project for the fiscal year in which these Regulations come into force.
Presumption (2) All existing projects relating to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs that are under the Board’s regulatory authority before these Regulations come into force and that do not have a regulatory activity plan are considered to have been previously under a regulatory activity plan for the purposes of section 3.
Coming into Force S.C. 2015, c. 4 17 These Regulations come into force on the day on which section 74 of the Energy Safety and Security Act 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 February 27, 2016.]
Current to June 20, 2022 Last amended on February 27, 2016
|
CONSOLIDATION
Canada Gazette Publication Order, 2014
SI/2014-19
Current to June 20, 2022 Last amended on April 1, 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 April 1, 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 April 1, 2014
TABLE OF PROVISIONS Canada Gazette Publication Order, 2014
Form and Manner of Publishing
Repeal
Coming into Force
Current to June 20, 2022 Last amended on April 1, 2014
ii
Registration SI/2014-19 March 12, 2014
STATUTORY INSTRUMENTS ACT Canada Gazette Publication Order, 2014
P.C. 2014-172
February 28, 2014
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 10(2)a of the Statutory Instruments Actb, makes the annexed Canada Gazette Publication Order, 2014.
a
S.C. 2000, c. 5, s. 58
b
R.S., c. S-22
Current to June 20, 2022 Last amended on April 1, 2014
Canada Gazette Publication Order, 2014
Form and Manner of Publishing 1 The Canada Gazette is to continue to be published
electronically in Portable Document Format (PDF).
Repeal 2 [Repeal]
Coming into Force 3 This Order comes into force on April 1, 2014.
Current to June 20, 2022 Last amended on April 1, 2014
|
CONSOLIDATION
Canadian Volunteer Service Medal Order
SI/94-62
Current to June 20, 2022 Last amended on April 11, 2013
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 11, 2013. 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 11, 2013
TABLE OF PROVISIONS Order Respecting the Canadian Volunteer Service Medal 1
Short Title
Interpretation
Description
Ribbon
Eligibility
Previous Service in Allied Forces
Service Counted with Merchant Navy Service
Bars
Wearing of the Medal and Bars
Current to June 20, 2022 Last amended on April 11, 2013
ii
Registration SI/94-62 May 18, 1994
OTHER THAN STATUTORY AUTHORITY Canadian Volunteer Service Medal Order P.C. 1994-701
April 28, 1994
His Excellency the Governor General in Council, on the recommendation of the Prime Minister, is pleased hereby to revoke Order in Council re Canadian Volunteer Service Medal, P.C. 8160 of October 22, 1943, and to make the annexed Order respecting the Canadian Volunteer Service Medal in substitution therefor.
Current to June 20, 2022 Last amended on April 11, 2013
Order Respecting the Canadian Volunteer Service Medal
Short Title 1 This Order may be cited as the Canadian Volunteer Service Medal Order.
Interpretation 2 In this Order,
active service means active service during World War II; (service actif) common-law partner, in relation to an individual, means a person who has been cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait) Medal means the Canadian Volunteer Service Medal; (Médaille) survivor means any one of the following surviving persons, in the following order of precedence, namely, (a) spouse or common-law partner, (b) eldest child, (c) father, (d) mother, and (e) brother or sister, whichever is the eldest; (survivant) World War II means the period beginning on September 1, 1939 and ending on September 1, 1945. (Seconde Guerre mondiale) SI/2001-40, s. 1.
Description 3 The Medal, circular in form and made of silver, shall bear on the obverse marching figures representing the wartime volunteers, with the inscription "CANADA" above and "VOLUNTARY SERVICE VOLONTAIRE" below, and on the reverse the Canadian Coat of Arms.
Current to June 20, 2022 Last amended on April 11, 2013
Canadian Volunteer Service Medal Order Ribbon Sections 4-5
Ribbon 4 The Medal shall be suspended by a ribbon that is one
and one quarter inches in width and divided into five stripes the central stripe of which shall be royal blue and bordered on each side by a scarlet stripe and an outer green stripe, which green and scarlet stripes shall each be three-sixteenths of an inch in width.
Eligibility 5 (1) Subject to subsection (2), the Medal may be
awarded (a) to a person of any rank in the armed forces of Canada, who voluntarily served on active service (i) for a period of not less than eighteen months,
ending on or before March 1, 1947, and was honourably discharged or retired from such active service, (ii) for a period of not less than six months, any
part of which was served outside Canada, and was honourably discharged or retired from such active service, or (iii) from which the person was honourably discharged or retired as a result of an injury or disease, or an aggravation thereof, that was attributable to or was incurred during such active service; (b) posthumously, to the survivor of a person of any rank in the armed forces of Canada who voluntarily served on active service and was killed in action or died as a result of an injury or disease, or an aggravation thereof, that was attributable to or was incurred during such active service; (c) to a person who was voluntarily serving on active
service in the armed forces of Canada on September 2, 1945, but had not attained their nineteenth birthday by that date and was subsequently compulsorily honourably discharged before completing the minimum qualifying period of eighteen months; (d) to a Canadian merchant mariner of World War II within the meaning of subsection 21.1(4) of the Pension Act who voluntarily served as such (i) for a period of not less than eighteen months,
ending on or before March 1, 1947, and was honourably discharged or retired from such service, or (ii) from which service the person was honourably discharged or retired as a result of an injury or
Current to June 20, 2022 Last amended on April 11, 2013
Canadian Volunteer Service Medal Order Eligibility Section 5
disease, or the aggravation of an injury or disease, that was attributable to or was incurred during such service; (e) to any merchant navy veteran of World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act who voluntarily served for a period of not less than six months, any part of which was served outside Canada, and was honourably discharged or retired from such service; (f) to a person who was employed and paid by the Canadian Legion War Services Inc., The National Council of the Young Men's Christian Association of Canada, the Knights of Columbus Canadian Army Huts or the Salvation Army Canadian War Services as an authorized field representative providing services and recreational equipment to any of the Canadian naval, army or air forces, as a helper of an authorized field representative, or as a member of the Overseas Headquarters Staff, who was selected and approved for service by the Chief of Naval Personnel, the Adjutant-General or the Air Member for Personnel, and who served in any of those capacities during World War II (i) for a period of not less than six months, any part
of which was outside Canada, and was honourably discharged or retired from such service, or (ii) from which service the person was honourably
discharged or retired as a result of an injury or disease, or an aggravation of an illness or disease, that was attributable to or was incurred during such service; (g) to a member of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom who served during World War II (i) for a period of not less than six months, any part
of which was outside Canada, and was honourably discharged or retired from such service, or (ii) from which service the person was honourably
discharged or retired as a result of an injury or disease, or an aggravation of an illness or disease, that was attributable to or was incurred during such service; (h) to a person who during World War II served as a
member of the Nursing Auxiliary or the Nursing Division of, or otherwise under the auspices of, the Canadian Red Cross Society or the St. John Ambulance Brigade of Canada
Current to June 20, 2022 Last amended on April 11, 2013
Canadian Volunteer Service Medal Order Eligibility Section 5
(i) with the approval of the Adjutant-General, with the Royal Canadian Army Medical Corps for a period of not less than eighteen months and was honourably discharged or retired from such service, (ii) outside Canada as a welfare worker, nursing
aid, orthopaedic surgeon or nurse, ambulance or transport driver, member of the Overseas Headquarters Staff or in any other capacity for a period of not less than six months, and was honourably discharged or retired from such service, or (iii) from which service the person was honourably
discharged or retired as a result of an injury or disease, or an aggravation of an illness or disease, that was attributable to or was incurred during such service; (i) a person, other than a member of the forces, who
was employed by the Air Ministry of the United Kingdom to make trans-oceanic flights ferrying aircraft from Canada and was domiciled in Canada at the commencement of that employment, and who served during World War II as air crew (i) for a continuous period of not less than six months with Number 45 Wing of the Royal Air Force Transport Command, Number 45 Group of the Royal Air Force Ferry Command or the Atlantic Ferrying Organization, during which period the person made at least one trans-oceanic flight, and was honourably discharged or retired from such service, or (ii) from which service the person was honourably
discharged or retired as a result of an injury or disease, or an aggravation of an illness or disease, that was attributable to or was incurred during such service; (j) a person who was employed by or under the auspices of the British Commonwealth Air Training Plan to provide air crew instruction and served in that capacity during World War II (i) for a period of not less than eighteen months and was honourably discharged or retired from such service, or (ii) from which service the person was honourably
discharged or retired as a result of an injury or disease, or an aggravation of an illness or disease, that was attributable to or was incurred during such service; (j.1) to a member or a reserve constable of the Royal Canadian Mounted Police Force, or a special constable
Current to June 20, 2022 Last amended on April 11, 2013
Canadian Volunteer Service Medal Order Eligibility Sections 5-6
of that Force engaged under the authority of Orders in Council P.C. 2484 of September 1, 1939 and P.C. 3444 of November 2, 1939, who served voluntarily on a fulltime basis for a period or periods commencing during World War II and (i) totalling not less than eighteen months, not including any period after March 1, 1947, and who was honourably discharged or retired from such service, (ii) totalling not less than six months, any part of
which was served outside Canada, and who was honourably discharged or retired from such service, or (iii) ending on their honourable discharge or retirement by reason of an injury or disease, or an aggravation of an injury or disease, that was attributable to or was incurred during such service; (k) posthumously, to the survivor of any person mentioned in paragraphs (d) to (j.1) who was killed in action or died as a result of an injury or disease, or an aggravation of an injury or disease, that was attributable to or was incurred during the person's service; (l) posthumously, to the survivor of any person who was eligible for the Medal under any of paragraphs (a) and (c) to (j.1) but to whom the Medal was not awarded; and (m) to any person mentioned in any of paragraphs (a) to (l), where a Medal awarded to that person has been lost, stolen or destroyed, provided that the person pays the cost of replacement. (2) A person in receipt of the Newfoundland Second
World War Volunteer Service Medal is not eligible for the Canadian Volunteer Service Medal. SI/2001-40, s. 2; SI/2003-120, s. 1.
6 The following periods shall not be considered in calculating a period of service for which the Medal may be awarded under subsection 5(1): (a) period of absence without leave; (b) period of penal servitude, field punishment, detention or imprisonment, including time spent in arrest awaiting trial; (c) period of leave without pay; and
Current to June 20, 2022 Last amended on April 11, 2013
Canadian Volunteer Service Medal Order Eligibility Sections 6-10
(d) the period of service of persons appointed or enlisted after September 1, 1945. SI/2003-120, s. 2.
7 The Medal shall not be awarded to any person who (a) was discharged for misconduct; (b) was, at the end of World War II, a deserter or absent without leave; or (c) has been convicted of an indictable offence for
which no pardon has been granted.
Previous Service in Allied Forces 8 A period of voluntary service during World War II in
any of the armed forces of His Majesty other than those raised in Canada, or in the armed forces of the United States, may be added to a subsequent period of voluntary active service in the armed forces of Canada, to be considered as qualifying service for the awarding of the Medal.
Service Counted with Merchant Navy Service 9 The following periods of service may be added to a period of service in the Canadian merchant navy as qualifying service for the awarding of the Medal: (a) any analogous voluntary service during World War II in the merchant navy of (i) any of His Majesty's realms and territories other
than Canada, or (ii) the United States; and (b) any voluntary service during World War II in any
of the armed forces of His Majesty raised in or out of Canada, or in the armed forces of the United States, except in any case where the person who served has qualified for the Medal by virtue of such service.
Bars 10 (1) A bar for overseas service with a silver maple leaf
centred on it shall be awarded in respect of a period of not less than sixty days of voluntary service outside Canada, which days need not be continuous.
Current to June 20, 2022 Last amended on April 11, 2013
Canadian Volunteer Service Medal Order Bars Sections 10-15
(2) A silver bar, with the word "DIEPPE" in raised letters
on a pebbled background, bearing an anchor surmounted by an eagle and a Thompson sub-machine gun, shall be awarded in respect of persons who participated in the Battle of Dieppe on, off or above the shores of Dieppe on August 19, 1942. (3) A silver bar, with the words "HONG KONG" in raised
letters on a pebbled background, with a monogram "HK" on a circle in its centre, shall be awarded in respect of persons who participated in the Defence of Hong Kong from December 8, 1941 to December 25, 1941. (4) A silver bar, showing an ascending World War II
heavy bomber, shall be awarded to members of an air crew and non-flying personnel in respect of a period of one day of operational service with a Bomber Command squadron as listed in the United Kingdom Air Ministry Confidential Air Force Lists who were engaged in or supported bombing operations over Continental Europe from September 3, 1939 to May 8, 1945. SI/94-92, s. 1; SI/95-84, s. 1; SI/2001-40, s. 3; SI/2013-44, s. 1.
11 Time spent on duty outside the boundaries of Canada
in transit from one Canadian point to another Canadian point shall not count as qualifying service for the awarding of the bar for overseas service. SI/94-92, s. 1.
12 The bar for overseas service shall be awarded to the survivor of a person mentioned in paragraph 5(1)(b) or (k) if the person was on voluntary service outside Canada, irrespective of the length of that service. SI/94-92, s. 1; SI/2001-40, s. 4.
13 [Repealed, SI/2001-40, s. 5]
Wearing of the Medal and Bars [SI/94-92, s. 2]
14 The Medal shall be worn on the left breast in the sequence set out in the Canadian Orders, Decorations and Medals Directive. 15 (1) The bars shall be worn on the ribbon. (2) Where more than one bar is worn, the order of wearing, from bottom to top, shall be as follows: bar for overseas service, bar for Dieppe, bar for Hong Kong and bar
Current to June 20, 2022 Last amended on April 11, 2013
Canadian Volunteer Service Medal Order Wearing of the Medal and Bars Sections 15-16
for Bomber Command, with the bars being evenly spaced on the ribbon. SI/94-92, s. 3; SI/95-84, s. 2; SI/2013-44, s. 2.
16 Where the ribbon of the Medal is worn alone and (a) the wearer has been awarded the bar for overseas service, a small silver maple leaf shall be attached to the centre of the ribbon; and (b) the wearer has also been awarded any of the bars
for Dieppe, Hong Kong or Bomber Command, a small silver maple leaf for each of those additional bars shall be worn along with the maple leaf provided with the bar for overseas service so as to indicate the total number of bars awarded and those maple leaves shall be evenly spaced on the ribbon. SI/94-92, s. 3; SI/95-84, s. 3; SI/2013-44, s. 3.
Current to June 20, 2022 Last amended on April 11, 2013
|
CONSOLIDATION
Order Giving Notice that a Tax Agreement between Canada and the People’s Republic of China came into Force on December 29, 1986
SI/87-36
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 Giving Notice that a Tax Agreement between Canada and the People’s Republic of China came into Force on December 29, 1986
Current to June 20, 2022
ii
Registration SI/87-36 February 18, 1987
CANADA-CHINA INCOME TAX AGREEMENT ACT, 1986 AGREEMENTS AND CONVENTIONS Order Giving Notice that a Tax Agreement between Canada and the People’s Republic of China came into Force on December 29, 1986
Notice is hereby given pursuant to section 18 of the Canada-China Income Tax Agreement Act, 1986* that the Agreement between Canada and the People's Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income came into force on December 29, 1986. Ottawa, January 27, 1987 MICHAEL WILSON Minister of Finance *
S.C. 1986, c. 48, Part III
Current to June 20, 2022
|
CONSOLIDATION
CKFTA Rules of Origin Regulations
SOR/2014-299
Current to June 20, 2022 Last amended on January 1, 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 January 1, 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 January 1, 2015
TABLE OF PROVISIONS CKFTA Rules of Origin Regulations 1
Rules of Origin
*2
Coming into Force
Current to June 20, 2022 Last amended on January 1, 2015
ii
Registration SOR/2014-299
December 12, 2014
CUSTOMS TARIFF CKFTA Rules of Origin Regulations P.C. 2014-1454
December 12, 2014
His 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 CKFTA 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 January 1, 2015
CKFTA Rules of Origin Regulations
Rules of Origin 1 The following provisions of the Canada-Korea Free
Trade Agreement have the force of law in Canada: (a) Articles 3.1 to 3.6; (b) Paragraphs 1 and 2 of Article 3.7; (c) Articles 3.8 to 3.17; (d) Article 3.20; and (e) Annex 3-A.
Coming into Force 2 These Regulations come into force on the day on which section 47 of the Canada–Korea Economic Growth and Prosperity Act, chapter 28 of the Statutes of Canada, 2014, 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 January 1, 2015.]
Current to June 20, 2022 Last amended on January 1, 2015
|
CONSOLIDATION
CPTPP Remission Order
SOR/2019-293
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 CPTPP Remission Order 1
Remission
Condition
Coming into force
Current to June 20, 2022
ii
Registration SOR/2019-293
August 8, 2019
CUSTOMS TARIFF CPTPP Remission Order P.C. 2019-1138
August 7, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 115a of the Customs Tariffb, makes the annexed CPTPP Remission Order.
a
S.C. 2005, c. 38, par. 145(2)(j)
b
S.C. 1997, c. 36
Current to June 20, 2022
CPTPP Remission Order
Remission 1 Remission is granted of the customs duties paid or payable under the Customs Tariff in respect of goods classified under tariff item No. 4011.90.90 in the List of Tariff Provisions set out in the schedule to the Customs Tariff for which the CPTPT treatment is claimed and that were imported during the period commencing on December 30, 2018 and ending on the coming into force of this Order.
Condition 2 The remission is granted on the condition that the importer makes a claim for remission to the Minister of Public Safety and Emergency Preparedness within two years after the date of importation.
Coming into force 3 This Order comes into force on the day on which it is
registered.
Current to June 20, 2022
|
CONSOLIDATION
Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order
SI/93-81
Current to June 20, 2022 Last amended on August 12, 2021
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 12, 2021. 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 12, 2021
TABLE OF PROVISIONS Order Respecting the Designation of Persons for the Purposes of Part III the Canadian Security Intelligence Service Act to be the Deputy Heads of Portions of the Public Service of Canada
Short Title
Designation SCHEDULE
Current to June 20, 2022 Last amended on August 12, 2021
ii
Registration SI/93-81 June 16, 1993
CANADIAN SECURITY INTELLIGENCE SERVICE ACT Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order
P.C. 1993-1073
May 25, 1993
His Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada and the President of the Treasury Board, pursuant to paragraph (e) of the definition deputy head in section 29 of the Canadian Security Intelligence Service Act, is pleased hereby to make the annexed Order respecting the designation of persons for the purposes of Part III of the Canadian Security Intelligence Service Act to be the deputy heads of portions of the public service of Canada.
Current to June 20, 2022 Last amended on August 12, 2021
Order Respecting the Designation of Persons for the Purposes of Part III the Canadian Security Intelligence Service Act to be the Deputy Heads of Portions of the Public Service of Canada
Short Title 1 This Order may be cited as the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order.
Designation 2 The person holding the position set out in column II of an item of the schedule is hereby designated, for the purposes of Part III of the Canadian Security Intelligence Service Act, as the deputy head of that portion of the public service of Canada set out in column I of that item.
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE
SCHEDULE (Section 2) Column I Item
Portion of the public service of Canada
0.1
Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs
Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantiq
[Repealed, SI/2005-134, s. 1]
Atomic Energy of Canada Limited Énergie atomique du Canada, Limitée
Bank of Canada Banque du Canada
Bureau of Pensions Advocates Bureau de services juridiques des pensions
5.01
Canada Border Services Agency Agence des services frontaliers du Canada
5.1
Canada Customs and Revenue Agency Agence des douanes et du revenu du Canada
Canada Deposit Insurance Corporation Société d’assurance-dépôts du Canada
Canada Development Investment Corporation Corporation d’investissements au développement du
[Repealed, SI/2014-87, s. 2]
Canada Lands Company Limited Société immobilière du Canada Limitée
Canada Mortgage and Housing Corporation Société canadienne d’hypothèques et de logement
Canada Ports Corporation Société canadienne des ports
Canada Post Corporation Société canadienne des postes
Canadian Advisory Council on the Status of Women Conseil consultatif canadien de la situation de la femm
Canadian Broadcasting Corporation Société Radio-Canada
Canadian Centre for Management Development Centre canadien de gestion
Canadian Centre for Occupational Health and Safety Centre canadien d’hygiène et de sécurité au travail
Canadian Commercial Corporation Corporation commerciale canadienne
Canadian Dairy Commission Commission canadienne du lait
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE
Column I Item
Portion of the public service of Canada
18.01
[Repealed, SI/2006-84, s. 1]
18.02
Canadian Energy Regulator Régie canadienne de l’énergie
18.1
Canadian Food Inspection Agency Agence canadienne d’inspection des ailments
18.2
[Repealed, SI/2014-2, s. 1]
Canadian Forces Non-Public Funds Fonds non publics des Forces canadiennes
Canadian Grain Commission Commission canadienne des grains
Canadian Human Rights Commission Commission canadienne des droits de la personne
Canadian Intergovernmental Conference Secretariat Secrétariat des conférences intergouvernementales c
[Repealed, SI/2013-72, s. 1]
[Repealed, SI/2014-87, s. 2]
Canadian Livestock Feed Board Office canadien des provendes
Canadian Museum of Civilization Musée canadien des civilisations
Canadian Museum of Nature Musée canadien de la nature
27.01
Canadian Northern Economic Development Agency Agence canadienne de développement économique d
27.1
Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire
Canadian Pension Commission Commission canadienne des pensions
Canadian Radio-television and Telecommunications Co Conseil de la radiodiffusion et des télécommunication
Canadian Secretariat Secrétariat canadien
Canadian Space Agency Agence spatiale canadienne
Canadian Transportation Accident Investigation and Saf Bureau canadien d’enquête sur les accidents de trans sécurité des transports
Canadian Wheat Board Commission canadienne du blé
[Repealed, SI/2014-87, s. 2]
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE
Column I Item
Portion of the public service of Canada
34.1
Communications Security Establishment Centre de la sécurité des télécommunications
Copyright Board Commission du droit d’auteur
Correctional Service of Canada Service correctionnel du Canada
36.1
Department of Employment and Social Development Ministère de l’Emploi et du Développement social
36.2
Department of Indigenous Services Canada Ministère des Services aux Autochtones Canada
Department of Industry, Science and Technology Ministère de l’Industrie, des Sciences est de la Techno
37.1
[Repealed, SI/2006-15, s. 1]
The Director, The Veterans’ Land Act Directeur des terres destinées aux anciens combattan
38.1
Economic Development Agency of Canada for the Regio Agence de développement économique du Canada po du Québec
Elections Canada Élections Canada
Emergency Preparedness Canada Protection civile Canada
Energy Supplies Allocation Board Office de répartition des approvisionnements d’énerg
Export Development Canada Société pour l’expansion des exportations
Farm Credit Canada Financement agricole Canada
Federal Business Development Bank Banque fédérale de développement
Federal Court of Canada Cour fédérale du Canada
45.01
Federal Economic Development Agency for Northern O Agence fédérale de développement économique pour l’Ontario
45.1
Federal Economic Development Agency for Southern O Agence fédérale de développement économique pour l’Ontario
45.2
Financial Transactions and Reports Analysis Centre of C Centre d’analyse des opérations et déclarations financ Canada
Fitness and Amateur Sport Condition physique et sport amateur
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE
Column I Item
Portion of the public service of Canada
Fraser River Harbour Commission Commission du port de Fraser River
Goods and Services Tax Consumer Information Office Bureau d’information des consommateurs sur la taxe produits et services
Grain Transportation Agency Office du transport du grain
Great Lakes Pilotage Authority, Ltd. Administration de pilotage des Grands Lacs, Limitée
Halifax Port Corporation Société de port de Halifax
Hamilton Harbour Commissioners Commissaires du havre de Hamilton
[Repealed, 2012, c. 31, s. 296]
Immigration and Refugee Board Commission de l’immigration et du statut de réfugié
54.1
Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact
Indian Oil and Gas Canada Pétrole et gaz des Indiens Canada
55.1
[Repealed, SI/2009-49, s. 2]
Investment Canada Investissement Canada
Medical Research Council Conseil de recherches médicales
57.1
Military Grievances External Review Committee Comité externe d’examen des griefs militaires
Montreal Port Corporation Société du port de Montréal
Nanaimo Harbour Commission Commission du port de Nanaïmo
Library and Archives of Canada Bibliothèque et Archives du Canada
National Capital Commission Commission de la capitale nationale
[Repealed, SI/2019-94, s. 1]
National Farm Products Marketing Council Conseil national de commercialisation des produits d
National Film Board Office national du film
National Gallery of Canada Musée des beaux-arts du Canada
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE
Column I Item
Portion of the public service of Canada
Library and Archives of Canada Bibliothèque et Archives du Canada
National Museum of Science and Technology Musée national des sciences et de la technologie
National Parole Board Commission nationale des libérations conditionnelles
National Research Council of Canada Conseil national de recherches du Canada
National Transportation Agency Office national des transports
Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en gé
North Fraser Harbour Commission Commission du port de North Fraser
Northern Pipeline Agency Administration du pipe-line du Nord
73.1
Office of Infrastructure of Canada Bureau de l’infrastructure du Canada
Office of the Auditor General of Canada Bureau du vérificateur général du Canada
74.01
Office of the Chief Human Resources Officer Bureau du dirigeant principal des ressources humaine
Office of the Commissioner for Federal Judicial Affairs Bureau du commissaire à la magistrature fédérale
Office of the Commissioner of Official Languages Commissariat aux langues officielles
Office of the Comptroller General Bureau du contrôleur général
Office of Co-ordinator, Status of Women Bureau de la coordinatrice de la situation de la femme
Office of the Information Commissioner of Canada Bureau du Commissaire à l’information du Canada
Office of the Privacy Commissioner Bureau du Commissaire à la protection de la vie privé
80.01
Office of the Public Sector Integrity Commissioner Commissariat à l’intégrité du secteur public
80.1
Office of the Registrar of Lobbyists Bureau du directeur des lobbyistes
Office of the Secretary to the Governor General Bureau du secrétaire du gouverneur général
Office of the Superintendent of Bankruptcy Bureau du surintendant des faillites
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE
Column I Item
Portion of the public service of Canada
Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières
Oshawa Harbour Commission Commission du port d’Oshawa
84.1
Pacific Economic Development Agency of Canada Agence de développement économique du Pacifique
Pacific Pilotage Authority Administration de pilotage du Pacifique
Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés
Port Alberni Harbour Commission Commission du port de Port Alberni
Port of Quebec Corporation Société de port de Québec
Prairie Farm Rehabilitation Committees Comités du rétablissement agricole des Prairies
Prince Rupert Port Corporation Société de port de Prince Rupert
Privy Council Office Bureau du Conseil privé
Procurement Review Board Commission de révision des marchés publics
92.01
[Repealed, SI/2012-54, s. 1]
92.1
Public Health Agency of Canada Agence de la santé publique du Canada
Public Service Commission Commission de la fonction publique
93.1
[Repealed, SI/2009-14, s. 1]
94 to 95.2
[Repealed, SI/2014-87, s. 2]
Royal Canadian Mint Monnaie royale canadienne
Royal Canadian Mounted Police External Review Comm Comité externe d’examen de la Gendarmerie royale d
Royal Canadian Mounted Police Public Complaints Com Commission des plaintes du public contre la Gendarm Canada
St. John’s Port Corporation Société du port de St. John’s
The St. Lawrence Seaway Authority Administration de la voie maritime du Saint-Laurent
Saint John Port Corporation Société du port de Saint John
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE
Column I Item
Portion of the public service of Canada
Science Council of Canada Conseil des sciences du Canada
Security Intelligence Review Committee Comité de surveillance des activités de renseignemen
103.1
Shared Services Canada Services partagés Canada
Social Sciences and Humanities Research Council of Ca Conseil de recherches en sciences humaines du Cana
Standards Council of Canada Conseil canadien des normes
Statistical Survey Operations Opérations des enquêtes statistiques
Statistics Canada Statistique Canada
Supreme Court of Canada Cour suprême du Canada
Tax Court of Canada Cour canadienne de l’impôt
Thunder Bay Harbour Commission Commission du port de Thunder Bay
Toronto Harbour Commissioners Commissaires du havre de Toronto
111.1
[Repealed, SI/2009-49, s. 3]
Vancouver Port Corporation Société du port de Vancouver
Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel)
VIA Rail Canada Inc. VIA Rail Canada Inc.
Western Economic Diversification Diversification de l’économie de l’Ouest Canadien
Windsor Harbour Commission Commission du port de Windsor
1998, c. 26, s. 85; SI/99-115, ss. 1(E), 2(F); 2001, c. 22, s. 22, c. 33, s. 30(E), c. 34, s. 32; SI/2001 s. 1; SI/2005-129, s. 1(F); SI/2005-134, ss. 1, 2; SI/2006-15, s. 1; SI/2006-21, s. 1; SI/2006-67, s. 3; SI/2009-79, s. 1; SI/2009-85, s. 1; SI/2009-98, ss. 1, 2; SI/2010-71, s. 1; SI/2011-72, s. 1; S 2013-47, s. 1; SI/2013-72, s. 1; SI/2013-89, s. 1; SI/2014-2, ss. 1, 2; SI/2014-87, ss. 1, 2; SI/2015Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE (French)
ANNEXE (article 2) Colonne I Article
Secteur de l’administration publique fédérale
Administration de la voie maritime du Saint-Laurent The St. Lawrence Seaway Authority
Administration de pilotage des Grands Lacs, Limitée Great Lakes Pilotage Authority, Ltd.
Administration de pilotage du Pacifique Pacific Pilotage Authority
Administration du pipe-line du Nord Northern Pipeline Agency
4.1
Agence canadienne de développement économique du Canadian Northern Economic Development Agency
4.2
Agence canadienne d’évaluation d’impact Impact Assessment Agency of Canada
[Abrogé, TR/2013-72, art. 1]
5.1
Agence canadienne d’inspection des aliments Canadian Food Inspection Agency
5.11
Agence de développement économique du Canada pou régions du Québec Economic Development Agency of Canada for the Re Quebec
5.12
Agence de développement économique du Pacifique C Pacific Economic Development Agency of Canada
5.2
[Abrogé, TR/2009-14, art. 1]
5.2
Agence de la santé publique du Canada Public Health Agency of Canada
Agence de promotion économique du Canada atlantiqu Atlantic Canada Opportunities Agency
6.1
Agence des douanes et du revenu du Canada Canada Customs and Revenue Agency
6.2
Agence des services frontaliers du Canada Canada Border Services Agency
6.21
Agence fédérale de développement économique pour de l’Ontario Federal Economic Development Agency for Northern
6.3
Agence fédérale de développement économique pour l’Ontario Federal Economic Development Agency for Southern
Agence spatiale canadienne Canadian Space Agency
Bibliothèque et Archives du Canada Library and Archives of Canada
Banque du Canada Bank of Canada
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE (French)
Colonne I Article
Secteur de l’administration publique fédérale
Banque fédérale de développement Federal Business Development Bank
Bibliothèque et Archives du Canada Library and Archives of Canada
Bureau canadien d’enquête sur les accidents de transp la sécurité des transports Canadian Transportation Accident Investigation and Board
Bureau de la coordonnatrice de la situation de la femm Office of the Co-ordinator, Status of Women
13.1
Bureau de l’infrastructure du Canada Office of Infrastructure of Canada
Bureau de services juridiques des pensions Bureau of Pensions Advocates
Bureau d’information des consommateurs sur la taxe s produits et services Goods and Services Tax Consumer Information Offic
Bureau du commissaire à la magistrature fédérale Office of the Commissioner for Federal Judicial Affai
Bureau du Commissaire à la protection de la vie privée Office of the Privacy Commissioner
Bureau du Commissaire à l’information du Canada Office of the Information Commissioner of Canada
Bureau du Conseil privé Privy Council Office
Bureau du contrôleur général Office of the Comptroller General
20.1
Bureau du directeur des lobbyistes Office of the Registrar of Lobbyists
20.2
Bureau du dirigeant principal des ressources humaines Office of the Chief Human Resources Officer
Bureau du secrétaire du gouverneur général Office of the Secretary to the Governor General
Bureau du surintendant des faillites Office of the Superintendent of Bankruptcy
Bureau du surintendant des institutions financières Office of the Superintendent of Financial Institutions
Bureau du vérificateur général du Canada Office of the Auditor General of Canada
Centre canadien de gestion Canadian Centre for Management Development
25.1
[Abrogé, TR/2006-84, art. 1]
Centre canadien d’hygiène et de sécurité au travail Canadian Centre for Occupational Health and Safety
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE (French)
Colonne I Article
Secteur de l’administration publique fédérale
26.001
Centre d’analyse des opérations et déclarations financi Canada Financial Transactions and Reports Analysis Centre o Canada
26.01
Centre de la sécurité des télécommunications Communications Security Establishment
26.1
[Abrogé, TR/2014-2, art. 1]
Comité de surveillance des activités de renseignement sécurité Security Intelligence Review Committee
Comité externe d’examen de la Gendarmerie royale du Royal Canadian Mounted Police External Review Com
28.1
Comité externe d’examen des griefs militaires Military Grievances External Review Committee
Comités du rétablissement agricole des Prairies Prairie Farm Rehabilitation Committees
Commissaires du havre de Hamilton Hamilton Harbour Commissioners
Commissaires du havre de Toronto Toronto Harbour Commissioners
31.1
Commissariat à l’intégrité du secteur public Office of the Public Sector Integrity Commissioner
Commissariat aux langues officielles Office of the Commissioner of Official Languages
Commission canadienne des droits de la personne Canadian Human Rights Commission
Commission canadienne des grains Canadian Grain Commission
Commission canadienne des pensions Canadian Pension Commission
35.1
Commission canadienne de sûreté nucléaire Canadian Nuclear Safety Commission
Commission canadienne du blé Canadian Wheat Board
Commission canadienne du lait Canadian Dairy Commission
[Abrogé, TR/2005-134, art. 1]
Commission de la capitale nationale National Capital Commission
Commission de la fonction publique Public Service Commission
Commission de révision des marchés publics Procurement Review Board
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE (French)
Colonne I Article
Secteur de l’administration publique fédérale
Commission des plaintes du public contre la Gendarme royale du Canada Royal Canadian Mounted Police Public Complaints Commission
[Abrogé, TR/2014-87, art. 2]
Commission de l’immigration et du statut de réfugié Immigration and Refugee Board
44.1
[Abrogé, TR/2009-49, art. 2]
Commission du droit d’auteur Copyright Board
Commission du port de Fraser River Fraser River Harbour Commission
Commission du port de Nanaimo Nanaimo Harbour Commission
Commission du port de North Fraser North Fraser Harbour Commission
Commission du port de Port Alberni Port Alberni Harbour Commission
Commission du port de Thunder Bay Thunder Bay Harbour Commission
Commission du port de Windsor Windsor Harbour Commission
Commission du port d’Oshawa Oshawa Harbour Commission
Commission nationale des libérations conditionnelles National Parole Board
Condition physique et sport amateur Fitness and Amateur Sport
Conseil canadien des normes Standards Council of Canada
[Abrogé, TR/2014-87, art. 2]
Conseil consultatif canadien de la situation de la femm Canadian Advisory Council on the Status of Women
[Abrogé, 2012, ch. 31, art. 296]
Conseil de radiodiffusion et des télécommunications canadiennes Canadian Radio-television and Telecommunications Commission
Conseil de recherches en sciences humaines du Canad Social Sciences and Humanities Research Council of
Conseil de recherches en sciences naturelles et en gén Natural Sciences and Engineering Research Council
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE (French)
Colonne I Article
Secteur de l’administration publique fédérale
Conseil de recherches médicales Medical Research Council
Conseil des sciences du Canada Science Council of Canada
Conseil d’examen du prix des médicaments brevetés Patented Medicine Prices Review Board
Conseil national de commercialisation des produits de National Farm Products Marketing Council
Conseil national de recherches du Canada National Research Council of Canada
Corporation commerciale canadienne Canadian Commercial Corporation
Corporation d’investissements au développement du C Canada Development Investment Corporation
Cour canadienne de l’impôt Tax Court of Canada
Cour fédérale du Canada Federal Court of Canada
Cour suprême du Canada Supreme Court of Canada
Directeur des terres destinées aux anciens combattants The Director, The Veterans’ Land Act
Diversification de l’économie de l’Ouest canadien Western Economic Diversification
Élections Canada Elections Canada
Énergie atomique du Canada, Limitée Atomic Energy of Canada Limited
75.1
Exportation et développement Canada Export Development Canada
75.1
Financement agricole Canada Farm Credit Canada
Fonds non publics des Forces canadiennes Canadian Forces Non-Public Funds
77 à 77.2
[Abrogés, TR/2014-87, art. 2]
Investissement Canada Investment Canada
Ministère de l’Industrie, des Sciences et de la Technolo Department of Industry, Science and Technology
79.1
Ministère de l’Emploi et du Développement social Department of Employment and Social Development
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE (French)
Colonne I Article
Secteur de l’administration publique fédérale
79.2
Ministère des Services aux Autochtones Canada Department of Indigenous Services Canada
Monnaie royale canadienne Royal Canadian Mint
Musée canadien de la nature Canadian Museum of Nature
Musée des beaux-arts du Canada National Gallery of Canada
Musée canadien des civilisations Canadian Museum of Civilization
Musée national des sciences et de la technologie National Museum of Science and Technology
Office canadien des provendes Canadian Livestock Feed Board
Office de répartition des approvisionnements d’énergie Energy Supplies Allocation Board
Office du transport du grain Grain Transportation Agency
[Abrogé, TR/2019-94, art. 1]
Office national des transports National Transportation Agency
Office national du film National Film Board
Opérations des enquêtes statistiques Statistical Survey Operations
Pétrole et gaz des Indiens Canada Indian Oil and Gas Canada
Protection civile Canada Emergency Preparedness Canada
93.1
Régie canadienne de l’énergie Canadian Energy Regulator
Secrétariat canadien Canadian Secretariat
94.1
[Abrogé, TR/2012-54, art. 1]
94.2
[Abrogé, TR/2009-49, art. 3]
Secrétariat des conférences intergouvernementales canadiennes Canadian Intergovernmental Conference Secretariat
95.1
Service canadien d’appui aux tribunaux administratifs Administrative Tribunals Support Service of Canada
Service correctionnel du Canada Correctional Service of Canada
Current to June 20, 2022 Last amended on August 12, 2021
Canadian Security Intelligence Service Deputy Heads of the Public Service of Canada Order SCHEDULE (French)
Colonne I Article
Secteur de l’administration publique fédérale
96.1
Services partagés Canada Shared Services Canada
Société canadienne d’hypothèques et de logement Canada Mortgage and Housing Corporation
Société canadienne des ports Canada Ports Corporation
Société canadienne des postes Canada Post Corporation
Société d’assurance-dépôts du Canada Canada Deposit Insurance Corporation
Société de port de Halifax Halifax Port Corporation
Société de port de Prince Rupert Prince Rupert Port Corporation
Société de port de Québec Port of Quebec Corporation
Société du port de Montréal Montreal Port Corporation
Société du port de Saint John Saint John Port Corporation
Société du port de St. John’s St. John’s Port Corporation
Société du port de Vancouver Vancouver Port Corporation
Société immobilière du Canada Limitée Canada Lands Company Limited
Société Radio-Canada Canadian Broadcasting Corporation
Statistique Canada Statistics Canada
[Abrogé, TR/2014-87, art. 2]
[Abrogé, TR/2009-98, art. 1]
[Abrogé, TR/2014-87, art. 2]
115.1
Tribunal des anciens combattants (révision et appel) Veterans Review and Appeal Board
VIA Rail Canada Inc. VIA Rail Canada Inc.
1998, ch. 26, art. 85; TR/99-115, art. 1(A) et 2(F); 2001, ch. 22, art. 22, ch. 33, art. 30(A), ch. 34 2004-110, art. 1; TR/2004-127, art. 1; TR/2005-129, art. 1(F); TR/2005-134, art. 1 et 2; TR/2006 2008-47, art. 1; TR/2009-14, art. 1 et 2; TR/2009-49, art. 1 à 3; TR/2009-79, art. 1; TR/2009-85, ch. 31, art. 296; TR/2012-19, art. 1; TR/2012-54, art. 1; 2013, ch. 40, art. 237; TR/2013-47, art 2015-12, art. 1; TR/2017-80, art. 1; TR/2019-94, art. 1; TR/2019-94, art. 2; TR/2021-48, art. 1; TR
Current to June 20, 2022 Last amended on August 12, 2021
|
CONSOLIDATION
CCFTA Rules of Origin Regulations
[Repealed, SOR/2021-144, s. 2]
Current to June 20, 2022 Last amended on October 15, 2021
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 15, 2021. 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 15, 2021
TABLE OF PROVISIONS Regulations Respecting the Uniform Interpretation, Application and Administration of the Rules of Origin under the Canada-Chile Free Trade Agreement
Current to June 20, 2022 Last amended on October 15, 2021
ii
|
CONSOLIDATION
CIFTA Tariff Preference Regulations
SOR/2019-278
Current to June 20, 2022 Last amended on September 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 September 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 September 1, 2019
TABLE OF PROVISIONS CIFTA Tariff Preference Regulations 1
Interpretation
General
Repeal
*4
Coming into Force
Current to June 20, 2022 Last amended on September 1, 2019
ii
Registration SOR/2019-278
July 30, 2019
CUSTOMS TARIFF CIFTA Tariff Preference Regulations P.C. 2019-1117
July 26, 2019
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 CIFTA 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 September 1, 2019
CIFTA Tariff Preference Regulations
Interpretation 1 The following definitions apply in these Regulations.
originating means qualifying as originating in the territory of a Party under the rules of origin set out in the CIFTA Rules of Origin Regulations. (originaire) non-Party means: (a) the Member States of the European Free Trade Association; (b) the Member States of the European Union; (c) the Hashemite Kingdom of Jordan; (d) Mexico; or (e) the United States of America. (partie non signataire)
General 2 For the purposes of paragraph 24(1)(b) of the Customs Tariff, originating goods are entitled to the benefit of the Canada-Israel Agreement Tariff if (a) the goods are shipped to Canada from Israel or another CIFTA beneficiary, without shipment through another 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 route and all points of shipment and transhipment prior to the importation of the goods; (b) in the case of goods, except for goods listed in any
of Chapters 50 through 63 of the List of Tariff Provisions, that are shipped to Canada from Israel or another CIFTA beneficiary through the territory of a non-Party, the importer provides, if requested by an officer, documentary evidence that indicates that the goods have not undergone (i) further production in the territory of a non-Party other than minor processing, or
Current to June 20, 2022 Last amended on September 1, 2019
CIFTA Tariff Preference Regulations General Sections 2-4
(ii) any processing in the territory of a non-Party
that increased the transaction value of the goods by greater than 10%; (c) in case of goods listed in any of Chapters 50 through 63 of the List of Tariff Provisions that are shipped to Canada from Israel or another CIFTA beneficiary through the territory of a non-Party, the importer provides, if 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 the territory of a non-Party; or (d) the goods are shipped to Canada through another country, other than a non-Party, and the importer provides, when requested by an officer, (i) documentary evidence that indicates the shipping route and all points of shipments 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.
Repeal 3 The CIFTA Tariff Preference Regulations1 are
repealed.
Coming into Force 4 These Regulations come into force on the day on which the Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts, chapter 6 of the Statutes of Canada, 2019, 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 1, 2019, see SI/ 2019-77.]
*
SOR/97-64
Current to June 20, 2022 Last amended on September 1, 2019
|
CONSOLIDATION
Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada Order
SI/2009-61
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 Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada Order
SCHEDULE
Terms and Conditions for the Issuance of Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada
Current to June 20, 2022
ii
Registration SI/2009-61 July 8, 2009
DEPARTMENT OF AGRICULTURE AND AGRI-FOOD ACT Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada Order
Whereas, pursuant to section 4a of the Department of Agriculture and Agri-Food Actb, the powers, duties and functions of the Minister of Agriculture and AgriFood extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to, among other things, agriculture and products derived from agriculture; Whereas distilled spirits are produced from botanical substances or products derived from them and, as such, constitute products derived from agriculture; And whereas certain of Canada’s trading partners require as a condition to the importation of distilled spirits from Canada that the distilled spirits be accompanied by a certificate issued by a duly authorized official of the Government of Canada attesting to the age and origin of the distilled spirits; Therefore, the Minister of Agriculture and Agri-Food, pursuant to section 4a of the Department of Agriculture and Agri-Food Actb, hereby authorizes inspectors designated pursuant to section 5.01c of that Act to issue certificates in accordance with the terms and conditions set out in the annexed schedule attesting to the age and origin of distilled spirits that are produced or packaged in Canada in accordance with the requirements of Division 2 of the Food and Drug Regulationsd. Ottawa, June 18, 2009 GERRY RITZ Minister of Agriculture and Agri-Food
a
S.C. 1994, c. 38, s. 5
b
R.S., c. A-9; S.C. 1994, c. 38, s. 2
c
S.C. 1994, c. 38, s. 6
d
C.R.C., c. 870
Current to June 20, 2022
Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada Order SCHEDULE Terms and Conditions for the Issuance of Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada
SCHEDULE
Terms and Conditions for the Issuance of Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada 1 (1) No certificate attesting to the age and origin of distilled spirits (“spirits”) that are produced or packaged in Canada (“Certificate of Age and Origin”) shall be issued by an inspector designated by the Minister of Agriculture and Agri-Food (“Inspector”) unless (a) the information set out in the certificate can be verified from the records of the producer or packager; and (b) all casks, barrels and drums that are used by a producer or packager for the storage or delivery of spirits are clearly and legibly marked with the month and year of original warehousing.
(2) An Inspector shall not accept a certificate attesting to the age of any spirits brought into the facilities of a producer or packager unless the certificate has been endorsed by a government official of the country of origin of the spirits. 2 If whisky that is to be exported is a blend containing more than 9.090 per cent imported spirits, a Certificate of Age and Origin shall (a) specify the percentage of domestic and imported spirits contained in the whisky; and (b) not refer to the whisky as Rye Whisky, Canadian Whisky or Canadian Rye Whisky. 3 (1) Subject to subsection (2), for the purpose of issuing a Certificate of Age and Origin in respect of spirits flavoured by blending into the spirits additional domestic or imported spirits or wine, the resultant product of the blended spirits is deemed to have been warehoused for a period equal to the period of warehousing of the most recently warehoused spirits contained in the resultant product. (2) If the absolute ethyl alcohol content of the spirits or wine that are added as flavouring does not exceed 9.090 per cent of the total quantity of absolute ethyl alcohol contained in the resultant product of the blended spirits, that resultant product is deemed to have been warehoused for a period equal to the period of warehousing of the spirits to which were added the spirits or wine for blending purposes. 4 A Certificate of Age and Origin shall only be issued for Canadian brandy blended by the addition of domestic or imported brandies if at least 75 per cent of the absolute ethyl
Current to June 20, 2022
Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada Order SCHEDULE Terms and Conditions for the Issuance of Certificates of Age and Origin for Distilled Spirits Produced or Packaged in Canada
alcohol content of the resultant product is derived from Canadian brandy. 5 A Certificate of Age and Origin shall not be issued in respect of spirits bottled for export that bear a label containing any reference to Canada, including the word “Canadian” in the trade name, to designate the type of spirits unless at least 75 per cent of the absolute ethyl alcohol content of those bottled spirits is derived from domestic spirits.
Current to June 20, 2022
|
CONSOLIDATION
Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations
SOR/2016-23
Current to June 20, 2022 Last amended on February 27, 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 February 27, 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 February 27, 2016
TABLE OF PROVISIONS Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations
Definition 1
Definition of Act
Financial Resources 2
Proof of financial resources
Financial Responsibility 3
Requirements of pooled fund
Reimbursement into pooled fund
Board Recommendation Regarding Lesser Financial Requirements 5
Circumstances relating to recommendation
Repeal Coming into Force *7
S.C. 2015, c. 4
Current to June 20, 2022 Last amended on February 27, 2016
ii
Registration SOR/2016-23 February 19, 2016
CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT
Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations
P.C. 2016-71
February 19, 2016
Whereas, pursuant to subsection 150(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Acta, a copy of the proposed Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 11, 2015 and a reason‐ able opportunity was afforded to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations; And whereas, pursuant to subsection 7(1)b of that Act, the Minister of Natural Resources has consulted the Provincial Minister with respect to the proposed Regulations and the Provincial Minister has approved the making of those Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 149(1)c of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Acta, makes the annexed Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations.
a
S.C. 1987, c. 3; S.C. 2014, c. 13, s. 3
b
S.C. 2015, c. 4, s. 38
c
S.C. 2015, c. 4, ss. 54(1) to (4)
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Off‐ shore Petroleum Financial Requirements Regulations
Definition Definition of Act 1 In these Regulations, Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.
Financial Resources Proof of financial resources 2 (1) For the purposes of subsection 162.1(1) of the Act,
the proof that an applicant has the necessary financial resources is to be made by the applicant providing the Board with a statement of its net assets or of funding arrangements that it has made that demonstrates to the Board’s satisfaction that it is able to pay the applicable amount referred to in that subsection. Substantiating documents (2) The statement must be accompanied by one or more
of the following documents that substantiate it: (a) the applicant’s most recent audited annual financial statement and, if the applicant has been given a credit rating by a credit rating agency that is current at the time the application is made, a document that indicates that credit rating; (b) a promissory note; (c) an insurance policy or a certificate of insurance; (d) an escrow agreement; (e) a letter of credit; (f) a line of credit agreement under which funds identified in the statement are available; (g) a guarantee agreement; (h) a security bond or pledge agreement or an indemnity bond or suretyship agreement.
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations Financial Resources Sections 2-3
Audited statement and documents (3) For greater certainty, the Board may require that the statement and substantiating documents be audited by a qualified independent auditor and that the applicant provide it with a report of the audit that is signed by that auditor.
Financial Responsibility Requirements of pooled fund 3 (1) A pooled fund that is established for the purposes
of subsection 163(1.01) of the Act must be located and administered in Canada. Permitted uses (2) The fund is to be used only to make payments under
subsection 163(2) of the Act. However, the fund may be used to make payments (a) under subsection 158(2) of the Provincial Act, if it
is also established for the purposes of subsection 158(1.1) of that Act; (b) under subsection 168(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, if it is also established for the purposes of subsection 168(1.01) of that Act; (c) under subsection 160(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, SNS 1987, c. 3, if it is also established for the purposes of subsection 160(1A) of that Act; or (d) under subsection 27(2) of the Canada Oil and Gas
Operations Act, if it is also established for the purposes of subsection 27(1.01) of that Act.
Payment on demand (3) Moneys that are required to be paid out of the fund
must be paid by the administrator of the fund on demand. Obligations of administrator (4) The administrator of the fund must (a) every year, provide the Board with an audited financial statement that demonstrates that the fund has been maintained at a minimum of $250 million or at the higher minimum amount set by regulation; (b) notify the Board within 24 hours of the addition of
a participant to, or withdrawal of a participant from,
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations Financial Responsibility Sections 3-5
the fund or of any change in the amount of the fund, other than one that is solely attributable to an interest charge or a banking fee; (c) notify the Board of a contravention by a participant in the fund of their obligation under subsection 163(1.1), (1.2) or (5) of the Act within 24 hours after they become aware of the contravention; and (d) provide the Board with the phone number, email
address and mailing address of their contact person.
Reimbursement into pooled fund 4 For the purposes of subsection 163(5) of the Act, the reimbursement into the pooled fund of an amount that is paid out of it must be made within seven days after the day on which the payment is made.
Board Recommendation Regarding Lesser Financial Requirements Circumstances relating to recommendation 5 (1) For the purposes of subsection 163.1(1) of the Act, the Board may make a recommendation to the Federal Minister in respect of an applicant if the Board is satisfied that the estimated total of the losses, damages, costs and expenses — other than losses of non-use value — for which the applicant may be liable under paragraphs 162(1)(b) and (2)(b) of the Act in connection with the proposed work or activity to which the application pertains is less than the amount referred to in paragraph 162(2.2)(a) or (b) of the Act.
Recommendation (2) The recommendation must identify the hazards that
are relevant to the proposed work or activity and must include an assessment of the risks associated with each event that could occur in connection with each of those hazards and that could result in debris, in a spill or in an authorized discharge, emission or escape of petroleum.
Required information (3) The following information must accompany the recommendation: (a) the estimated total of the losses, damages, costs and expenses referred to in subsection (1);
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations Board Recommendation Regarding Lesser Financial Requirements Sections 5-7
(b) the recommended amount that is less than the
amount referred to in paragraph 162(2.2)(a) or (b) or 163(1)(a) of the Act, as the case may be; (c) a summary of the reasons for the recommendation; (d) a summary of any information provided by the applicant to the Board that the Board considers to be pertinent; (e) any information concerning the recommendation
that the Board provided to the Provincial Minister in connection with that Minister’s approval under subsection 163.1(1) of the Act; and (f) any information requested by the Federal Minister.
Additional information (4) The Board may submit to the Federal Minister any other information that it considers to be pertinent.
Repeal 6 [Repeal]
Coming into Force S.C. 2015, c. 4 7 These Regulations come into force on the day on which section 61 of the Energy Safety and Security Act 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 February 27, 2016.]
Current to June 20, 2022 Last amended on February 27, 2016
|
CONSOLIDATION
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements
SOR/97-181
Current to June 20, 2022 Last amended on June 23, 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 June 23, 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 June 23, 2011
TABLE OF PROVISIONS Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements 1
Interpretation
Application
Determination
Notification
Response Requirements
Scope of Environmental Assessment
Decision of a Responsible Authority
Conflicting Time Limitations
Coming into Force
Current to June 20, 2022 Last amended on June 23, 2011
ii
Registration SOR/97-181 April 8, 1997
CANADIAN ENVIRONMENTAL ASSESSMENT ACT
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements P.C. 1997-475
April 8, 1997
His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraph 59(a)a of the Canadian Environmental Assessment Actb, hereby makes the annexed Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements.
a
S.C. 1994, c. 46, s. 5(1)
b
S.C. 1992, c. 37
Current to June 20, 2022 Last amended on June 23, 2011
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements
Interpretation 1 The definitions in this section apply in these Regulations. Act means the Canadian Environmental Assessment Act. (Loi) day means a day other than Saturday or a holiday. (jour) environmental assessment report means a screening report, a comprehensive study report, a mediator’s report or a review panel report. (rapport d’évaluation environnementale) power means a power, duty or function referred to in section 5 of the Act. (attributions) project description means any information in relation to a project that includes (a) a summary description of the project; (b) information indicating the location of the project
and the areas potentially affected by the project; (c) a summary description of the physical and biological environments within the areas potentially affected by the project; and (d) the mailing address and phone number of a contact person who can provide additional information about the project. (description de projet) project subject to assessment by another jurisdiction means a project that is subject to an environmental assessment by a jurisdiction as defined in subsection 12(5) of the Act, except a project that is subject to a class environmental assessment under the Ontario Environmental Assessment Act. (projet soumis à une évaluation par une autre instance)
Current to June 20, 2022 Last amended on June 23, 2011
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements Application Sections 2-4
Application 2 These Regulations apply to the environmental assessment of projects, other than projects to which the Establishing Timelines for Comprehensive Studies Regulations apply, that are to be carried out in Canada. SOR/2011-139, s. 7.
Determination 3 (1) Subject to section 4, a federal authority that receives a project description from a province, the Agency or the proponent of the project shall, within 30 days after receipt of the project description, determine if (a) the federal authority is likely to require an environmental assessment of the project under section 5 of the Act; (b) the federal authority is not likely to require an environmental assessment of the project under section 5 of the Act; or (c) additional information is necessary to make a determination referred to in paragraph (a) or (b).
(2) Where a federal authority determines that additional information is necessary pursuant to paragraph (1)(c), it shall request that information within 10 days after making the determination. (3) A federal authority shall make a determination referred to in paragraph (1)(a), (b) or (c) within 10 days after receipt of the information requested pursuant to subsection (2). (4) Subject to subsection (5), a federal authority shall inform the proponent of the project of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination. (5) In the case of federal-provincial agreements under which the province is the implementing party, the federal authority shall inform the province of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination. 4 (1) A federal authority that receives a project description from a province, the Agency or the proponent of the project shall, where the province in which the project is to be carried out or the Agency informs the federal authority that the project is a project subject to assessment by another jurisdiction, within 10 days after receipt of the project description, determine if
Current to June 20, 2022 Last amended on June 23, 2011
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements Determination Sections 4-5
(a) the federal authority is likely to require an environmental assessment of the project under section 5 of the Act; (b) the federal authority is not likely to require an environmental assessment of the project under section 5 of the Act; or (c) additional information is necessary to make a determination referred to in paragraph (a) or (b). (2) Where a federal authority determines that additional
information is necessary pursuant to paragraph (1)(c), it shall request that information within 10 days after making the determination. (3) A federal authority shall make a determination referred to in paragraph (1)(a), (b) or (c) within 10 days after receipt of the information requested pursuant to subsection (2). (4) A federal authority shall inform the province, the Agency or the proponent that provided the project description of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination.
Notification 5 (1) A federal authority that has determined pursuant
to paragraph 3(1)(a) or 4(1)(a) that it is likely to require an environmental assessment of a project shall ensure that written notice is given, within 10 days after making that determination, to other federal authorities that are likely to (a) exercise a power in respect of the project; or (b) be in possession of specialist or expert information
or knowledge that is necessary to conduct the environmental assessment of the project. (2) The notice shall specify the name of the person to
whom the other federal authorities are to respond, shall be accompanied by a project description and shall specify the time within which to respond referred to in subsection (3). (3) The federal authority that gives the notice shall establish the time within which to respond under paragraph 6(1)(a), (b) or (c) in consultation with the federal authority to whom the notice is given, but that time shall not exceed 30 days.
Current to June 20, 2022 Last amended on June 23, 2011
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements Response Requirements Sections 6-8
Response Requirements 6 (1) A federal authority that receives a notice referred to in section 5 shall respond to the person specified in the notice, indicating its determination that (a) it is likely to require an environmental assessment of the project under section 5 of the Act; (b) it is not likely to require an environmental assessment of the project under section 5 of the Act; (c) it is in possession of specialist or expert information or knowledge that is necessary to conduct the environmental assessment of the project; or (d) additional information is necessary to make a determination referred to in paragraph (a), (b) or (c).
(2) Where a federal authority determines that additional
information is necessary pursuant to paragraph (1)(d), it shall request that information within 10 days after receipt of the notice. (3) A federal authority shall make a response referred to
in paragraph (1)(a), (b), (c) or (d) within 10 days after receipt of the information requested pursuant to subsection (2). (4) A federal authority shall inform the proponent of the project of a determination referred to in paragraph (1)(a) or (b) within 10 days after making that determination. 7 A federal authority that has exercised a power in respect of a project or any part thereof before it was notified pursuant to section 5 shall provide a copy of the environmental assessment report to the person specified in the notice and shall indicate what course of action was taken pursuant to subsection 20(1) or 37(1) of the Act.
Scope of Environmental Assessment 8 Where a project is subject to a screening or a comprehensive study, the responsible authorities other than a federal authority referred to in section 7 shall, after consulting with all federal authorities that respond pursuant to paragraph 6(1)(c), together determine (a) the scope of the project pursuant to subsection
15(1) of the Act;
Current to June 20, 2022 Last amended on June 23, 2011
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements Scope of Environmental Assessment Sections 8-11
(b) the factors to be considered pursuant to section 16
of the Act; and (c) the scope of the factors referred to in paragraph
(b).
Decision of a Responsible Authority 9 When there are two or more responsible authorities in relation to a project, they shall agree on a schedule for (a) taking a course of action under subsection 20(1) or
37(1) of the Act and making public that course of action; and (b) where applicable, making their recommendations
to the Governor in Council under subsection 5(2) of the Act. 10 Where a project is subject to a comprehensive study in accordance with the Act, a course of action under section 23 or subsection 37(1) of the Act shall not be taken until the responsible authority, the Minister or the federal authority referred to in subsection 5(2) of the Act receives (a) all of the responses sought from the federal authorities that were notified pursuant to section 5; and (b) written confirmation from all of the responsible
authorities involved in the environmental assessment of the project that the factors determined pursuant to section 8 have been considered and that the environmental assessment report is complete.
Conflicting Time Limitations 11 A federal authority is not required to comply with a
provision of these Regulations where (a) the provision imposes a time limitation that conflicts with a time limitation imposed upon the federal authority under an Act of Parliament other than the Act; and (b) the Agency determines that the federal authority
has, for the purpose of coordinating federal environmental assessments, an independent practice of regular and uniform notification of other federal authorities that are likely to require an environmental assessment of projects.
Current to June 20, 2022 Last amended on June 23, 2011
Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements Coming into Force Section 12
Coming into Force 12 These Regulations come into force on April 8, 1997
Current to June 20, 2022 Last amended on June 23, 2011
|
CONSOLIDATION
By-laws of the College of Patent Agents and Trademark Agents (College)
SOR/2021-167
Current to June 20, 2022 Last amended on March 17, 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 March 17, 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 March 17, 2022
TABLE OF PROVISIONS By-laws of the College of Patent Agents and Trademark Agents (College)
Definitions 1
Definitions
General Rules 2
Competence standards
Good character
Accommodation
Review
Decision of Committee
Decision final
Decision modified by Committee
Patent Agent in Training 9
Requirements
Effective date of licence
Conditions
Trademark Agent in Training 12
Requirements
Effective date of licence
Conditions
Class 3 Licensees — Requirements 15
Training period
Supervisors 16
Application
Supervisor requirements
Authorization — supervisor
Revocation of authorization
Current to June 20, 2022 Last amended on March 17, 2022
ii
By-laws of the College of Patent Agents and Trademark Agents (College) TABLE OF PROVISIONS
Qualifying Examinations 20
Process
Examinations
Advisory group
Application for Licence 23
Content and requirements
Effective date of licence
Change of Licence Class
Change of licence by Registrar
Class 2 licence
Reinstatement of class
Transitional provisions 29
Deemed to be under supervision — patent agent
Coming into Force SCHEDULE
Current to June 20, 2022 Last amended on March 17, 2022
iv
Registration SOR/2021-167
June 24, 2021
COLLEGE OF PATENT AGENTS AND TRADEMARK AGENTS ACT By-laws of the College of Patent Agents and Trademark Agents (College)
The College of Patent Agents and Trademark Agents makes the annexed By-laws of the College of Patent Agents and Trademark Agents (College), pursuant to a) subsection 76(2) of the College of Patent and Trademark Agents Acta; and (b) section 18 of the College of Patent Agents and Trademark Agents Regulations.
June 24, 2021
Président, Conseil Collège des agents de b marques de
Thomas G Chairperson, Bo College of Patent Agents
a
S.C. 2018, c. 27, s. 247; S.C. 2014, c. 20, s. 366(1)
Current to June 20, 2022 Last amended on March 17, 2022
Definitions Definitions 1 The following definitions apply in these By-laws.
Act means the College of Patent Agents and Trademark Agents Act. (Loi) class 1 with respect to a licence, describes either a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is not covered by class 2. (catégorie 1) class 2 with respect to a licence, describes either a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is subject to the restrictions under section 27. (catégorie 2) class 3 with respect to a licence, describes either a patent agent in training licence issued under subsection 26(2) of the Act or a trademark agent in training licence issued under subsection 29(2) of the Act. (catégorie 3) Committee means the Committee of the College referred to in section 3 of the College of Patent Agent and Trademark Agents Regulations. (comité) fees [Repealed, SOR/2022-60, s. 1] supervisor means a Class 1 licensee who is authorized under section 18 to be a supervisor of a Class 3 licensee. (superviseur) SOR/2022-60, s. 1.
General Rules Competence standards 2 The Committee must approve standards for the evaluation of the competencies that are to be assessed by the qualifying examinations and the passing marks for those examinations to ensure that all licensees have the necessary skills and competencies to represent persons under section 27 or 30 of the Act. Good character 3 (1) If the Registrar must determine whether an applicant is of good character, the Registrar must do so by assessing the applicant’s integrity and competence in
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) General Rules Sections 3-7
accordance with the highest standards of the profession in order to preserve the trust, respect and confidence of members of the profession and the public. Fitness to practise (2) If the Registrar must determine whether a person is fit to practise the Registrar must do so by assessing the person’s ability to be a licensee with sufficient knowledge, skill and judgment that is not substantially impaired by a physical, mental or emotional condition, disorder or addiction.
Registrar may waive or modify requirements (3) If it is in the public interest to do so, the Registrar may waive or modify one or more of the training and licence issuance requirements.
Accommodation 4 The Registrar must reasonably accommodate a Class 3
licensee if the Class 3 licensee provides medical or other information, satisfactory to the Registrar, that demonstrates the need for an accommodation to provide a fair opportunity for the Class 3 licensee to successfully complete the College’s training and meet the requirements for obtaining a Class 1 licence. Review 5 A decision of the Registrar under these By-laws must
be reviewed by the Committee on the request of the affected applicant or licensee. Decision of Committee 6 After reviewing the Registrar’s decision, the Committee may (a) request that the Registrar obtain additional information; (b) approve the application under review, with or without conditions, and specify the effective date of the decision; or (c) conduct a hearing and make a decision with reasons. Decision final 7 A decision of the Committee under section 5 cannot be reviewed by the Board.
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) General Rules Sections 8-11
Decision modified by Committee 8 If a decision of the Registrar is modified by the Committee, the Registrar must notify the applicant and, if applicable, the supervisor of the decision and give effect to the decision.
Patent Agent in Training Requirements 9 An applicant for a Class 3 patent agent licence must provide an application to the Registrar that provides proof of the applicant’s Canadian residency and must (a) be of good character and provide, in support, three
letters of reference, a criminal background check, records of any disciplinary sanction by an academic institution or professional or non-professional body, records of any bankruptcy or insolvency, and any other information necessary for the Registrar to assess good character; (b) be fit to practise; (c) be proficient in English or French; (d) pay to the College the fee set out in item 1 of the
schedule; (e) provide a specimen signature, a current photograph and any other information required to confirm identity; (f) have a training agreement executed by the applicant and the supervisor or a representative of the Patent Office. SOR/2022-60, s. 2.
Effective date of licence 10 If the Registrar issues a Class 3 patent agent licence
under subsection 26(2) of the Act, the Registrar must set the effective date of the licence. Conditions 11 A class 3 patent agent licensee is subject to the following conditions: (a) the licensee must comply with the terms of the
training agreement; and (b) the licensee must not represent any person in the presentation or prosecution of an application for the registration of a patent or in other business before the
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) Patent Agent in Training Sections 11-14
Patent Office without the supervision of a class 1 patent agent licensee whose licence is not suspended.
Trademark Agent in Training Requirements 12 An applicant for a Class 3 trademark agent licence must provide an application to the Registrar that provides proof of the applicant’s Canadian residency and must (a) be of good character and provide, in support, three
letters of reference, a criminal background check, records of any disciplinary sanctions by an academic institution or professional or non-professional bodies, records of any bankruptcy or insolvency, and any other information necessary for the Registrar to assess good character; (b) be fit to practise; (c) be proficient in English or French. (d) pay to the College the fee set out in item 1 of the schedule; (e) provide a specimen signature, a current photograph and any other information required to confirm identity; (f) have a training agreement executed by the applicant and the supervisor or a representative of the Office of the Registrar of Trademarks. SOR/2022-60, s. 3.
Effective date of licence 13 If the Registrar issues a Class 3 trademark agent licence under subsection 29(2) of the Act, the Registrar must set the effective date of the licence. Conditions 14 A class 3 trademark agent licence is subject to the following conditions: (a) the licensee must comply with the terms of the training agreement; and (b) the licensee must not represent any person in the presentation or prosecution of an application for the registration of a trademark or in other business before the Office of the Registrar of Trademarks without the
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) Trademark Agent in Training Sections 14-18
supervision of a class 1 trademark agent licensee whose licence is not suspended.
Class 3 Licensees — Requirements Training period 15 Prior to writing the qualifying examinations, a
trainee must (a) work under a training agreement for a period of 24 months; and (b) complete the agent training course.
Supervisors Application 16 (1) A class 1 licensee may apply to the Registrar to be authorized to act as a supervisor.
Representative (2) A representative of the Patent Office or the Office of
the Registrar of Trademarks may apply to the Registrar to act as a supervisor if they provide a training agreement that demonstrates a commitment to providing a learning of ethical and competent practices.
Supervisor requirements 17 An applicant to be a supervisor under subsection 16(1) must (a) provide a training agreement that demonstrates a commitment to the learning of ethical and competent practices; (b) not be the subject of a matter before the Investigations Committee or Discipline Committee; and (c) not have a suspended licence.
Authorization — supervisor 18 The Registrar must authorize an applicant to be a supervisor who meets the requirements under subsection 16(2) or section 17 to act as a supervisor.
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) Supervisors Sections 19-22
Revocation of authorization 19 The Registrar may revoke a supervisor’s authority to
act as a supervisor if (a) the supervisor is the subject of a matter before the Investigations Committee or Discipline Committee; (b) their licence is suspended; (c) they are no longer a licensee; or (d) they do not comply with the terms of the training agreement.
Qualifying Examinations Process 20 The Registrar must publish a policy on the College’s website with respect to the qualifying examinations, which includes (a) the dates of the examinations; (b) the registration process; (c) the applicable fees, as set out in items 2 to 4 of the
schedule; (d) the process for administering the examinations; (e) the method of communication of the results of the
examinations; and (f) the opportunity to request a re-correction of the examination. SOR/2022-60, s. 4.
Examinations 21 A class 3 licensee must write either the qualifying examination for patent agents or the qualifying examination for trademark agents, as applicable, at the first sitting of the examination that follows the completion of their training period.
Advisory group 22 The Registrar may appoint an advisory group made
up of class 1 patent agent licensees, class 1 trademark agent licensees and representatives of the Patent Office and the Office of the Registrar of Trademarks to assist the Registrar in preparing, administering and marking the qualifying examinations.
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) Application for Licence Sections 23-25
Application for Licence Content and requirements 23 An applicant for a class 1 patent agent licence or class 1 trademark agent licence must provide an application to the Registrar that provides proof of the applicant’s Canadian residency and must (a) obtain a passing mark on the applicable qualifying examinations; (b) complete the applicable agent training course; (c) comply with the terms of the training agreement; (d) remain of good character and provide, in support, letters of reference from the applicant’s supervisor and others with whom they worked, as a class 3 licensee or any other evidence that demonstrates that the applicant complied with the terms of the training agreement; (e) remain fit to practise; (f) affirm a declaration on registration, declaring that the licensee will practise with integrity, uphold the independence of the patent and trademark professions and comply with the Code of Professional Conduct; and (g) pay to the College the fee set out in item 5 of the schedule. SOR/2022-60, s. 5.
Effective date of licence 24 If the Registrar issues a class 1 licence, the Registrar
must set the effective date of the licence. Change of Licence Class 25 A class 1 licensee may apply to the Registrar to change the class of their licence to a class 2 licence if they meet the following requirements: (a) they provide their current and, if known, future
contact information; (b) they provide their professional employment history; (c) they provide confirmation in writing
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) Application for Licence Sections 25-28
(i) that all client matters have been completed or that arrangements have been made to the satisfaction of their clients to have their files returned to them or transferred to another class 1 licensee, (ii) that any matters in progress at the Patent Office
or the Office of the Registrar of Trademarks have been assigned to another class 1 licensee and the appropriate office has been advised in writing of the successor licensee, (iii) of the location of the files from the licensee’s
practice; and (d) they pay to the College the fee set out in item 6 of
the schedule. SOR/2022-60, s. 6.
Change of licence by Registrar 26 If an applicant for a change of class of licence meets
the requirements of section 25, the Registrar must change the licence to a class 2 licence and set the effective date for the change. Class 2 licence 27 A class 2 licensee is subject to the following restrictions as of the effective date of the change of licence: (a) in the case of a class 2 patent agent licence, the licensee is not entitled to represent persons in the presentation and prosecution of applications for the registration of patents or in other business before the Patent Office; and (b) in the case of a class 2 trademark agent licence, the licensee is not entitled to represent persons in the presentation and prosecution of applications for the registration of trademarks or in other business before the Office of the Registrar of Trademarks.
Reinstatement of class 28 (1) A class 2 licensee may apply to the Registrar to be reinstated as a class 1 licensee if they (a) meet the applicable requirements under paragraphs 23(d) to (f); (b) pay to the College the fee set out in item 7 of the schedule; and (c) demonstrate that they will, as of the effective date
of the class 1 licence, be insured against professional liability, as required under subsection 34(1) of the Act, or that they will be exempt from that requirement.
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) Application for Licence Sections 28-30
Review of request (2) Upon receipt of an application, the Registrar may (a) require the applicant to provide additional information that is useful for the consideration of the request; or (b) require the applicant to demonstrate that they have complied with any continuing professional development requirements.
Registrar’s decision (3) The Registrar must either (a) reinstate the applicant as a class 1 licensee if they meet the requirements or if the Registrar determines it is in the public interest, reinstate the licensee with restrictions; or (b) refuse to reinstate the applicant’s licence if they do not satisfy the requirements or it is in the public interest to do so. SOR/2022-60, s. 7.
Transitional provisions Deemed to be under supervision — patent agent 29 (1) For the purposes of paragraph 11(b), for a period
of one year from the coming into force of these By-laws, a class 3 patent agent licensee is deemed to be supervised by a class 1 patent agent licensee if they are being supervised by an individual who is responsible for a legal clinic associated with a Canadian faculty of law.
Deemed to be under supervision — trademark agent (2) For the purposes of paragraph 14(b), for a period of one year from the coming into force of these By-laws, a class 3 trademark agent licensee is deemed to be supervised by a class 1 trademark agent licensee if they are being supervised by an individual who is responsible for a legal clinic associated with a Canadian faculty of law.
Coming into Force 30 These By-laws come into force on the day on which paragraph 76(1)(c) of the College of Patent Agents and *
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) Coming into Force Section 30
Trademark Agents Act, section 247 of chapter 27 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: By-laws in force June 28, 2021, see SI/2021-30.]
Current to June 20, 2022 Last amended on March 17, 2022
By-laws of the College of Patent Agents and Trademark Agents (College) SCHEDULE
SCHEDULE (Paragraphs 9(d), 12(d), 20(c), 23(g), 25(d) and 28(1)(b))
Fees Column 1
Column 2
Item
Description
Fee ($)
Application — Class 3 Licence
Patent agent qualifying examination (per paper)
Trademark agent qualifying examination (per paper)
Failed examination re-correction
Application for initial registration as a Class 1 licensee
Application to change from Class 1 to Class 2
Application to change from Class 2 to Class 1
SOR/2022-60, s. 8.
Current to June 20, 2022 Last amended on March 17, 2022
|
CONSOLIDATION
Constitution Amendment, 2022 (Saskatchewan Act)
SI/2022-25
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 Constitution Amendment, 2022 (Saskatchewan Act)
A Proclamation SCHEDULE
Amendment to the Constitution of Canada
Current to June 20, 2022
ii
Registration SI/2022-25 May 9, 2022
CONSTITUTION ACT, 1982 Constitution Amendment, 2022 (Saskatchewan Act)
Mary May Simon [L.S.] Canada By Her Excellency the Right Honourable Mary May Simon, Governor General and Commander-in-Chief of Canada To all to whom these presents shall come, GREETING:
A Proclamation Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies; Whereas the Senate adopted a resolution on April 7, 2022 authorizing an amendment to the Constitution of Canada; Whereas the House of Commons adopted a resolution on February 9, 2022 authorizing an amendment to the Constitution of Canada; Whereas the Legislative Assembly of Saskatchewan adopted a resolution on November 29, 2021 authorizing an amendment to the Constitution of Canada; And whereas the Queen’s Privy Council for Canada has advised me to issue this proclamation; Now Know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule. In testimony whereof, I have caused these Letters to be made patent and the Great Seal of Canada to be affixed to them.
Current to June 20, 2022
Constitution Amendment, 2022 (Saskatchewan)
At Government House, in the City of Ottawa, this sixth day of May in the year of Our Lord two thousand and twenty-two. By Command, Justin Trudeau Prime Minister of Canada David Lametti Attorney General of Canada François-Philippe Champagne Registrar General of Canada
Current to June 20, 2022
Constitution Amendment, 2022 (Saskatchewan) SCHEDULE Amendment to the Constitution of Canada
SCHEDULE
Amendment to the Constitution of Canada 1 Section 24 of the Saskatchewan Act is repealed. 2 The repeal of section 24 is deemed to have been made on August 29, 1966, and is retroactive to that date.
Citation 3 This Amendment may be cited as the Constitution Amendment, 2022 (Saskatchewan Act).
Current to June 20, 2022
|
CONSOLIDATION
Canada Deposit Insurance Corporation Joint and Trust Account Disclosure By-Law
[Repealed, SOR/2019-312, s. 21]
Current to June 20, 2022 Last amended on April 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 April 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 April 30, 2022
TABLE OF PROVISIONS By-Law Respecting the Disclosure of Joint Interests, Trusteeships and Interests of Beneficiaries in Deposits for the Purposes of Subsections 3(1) to (3) of the Schedule to the Canada Deposit Insurance Corporation Act
Current to June 20, 2022 Last amended on April 30, 2022
ii
|
CONSOLIDATION
Certificate of Supplementary Protection Regulations
SOR/2017-165
Current to June 20, 2022 Last amended on March 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 March 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 March 2, 2022
TABLE OF PROVISIONS Certificate of Supplementary Protection Regulations
Definition of Act
Variations
Eligible patents — requirement
Authorization for sale
Consultation with Patent Office
Countries and period
Filing date
Application by manufacturer
Fee — application for certificate
Period — commencement of proceeding
Period — expiry of pending applications
Withdrawal of application
Register
Period — new patent notice
Correction of errors — application
*16
Coming into force
Current to June 20, 2022 Last amended on March 2, 2022
ii
Registration SOR/2017-165
September 1, 2017
PATENT ACT Certificate of Supplementary Protection Regulations
P.C. 2017-1114
August 31, 2017
His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraphs 12(1)(g)a, (h)b and (k)b and subsection 134(1)c of the Patent Actd, makes the annexed Certificate of Supplementary Protection Regulations.
a
S.C. 2017, c. 6, s. 34(2)
b
R.S., c. 33 (3rd Supp.), s. 3
c
S.C. 2017, c. 6, s. 59
d
R.S., c. P-4
Current to June 20, 2022 Last amended on March 2, 2022
Certificate of Regulations
Supplementary
Protection
Definition of Act 1 (1) In these Regulations, Act means the Patent Act.
Definition of authorization for sale (2) In these Regulations and for the purposes of section
104 of the Act, authorization for sale means an authorization under the Food and Drugs Act, or any predecessor enactment relating to the same subject-matter, that permits the sale of a drug in Canada, but does not include an interim order permitting the sale of a drug under section 30.1 of that Act, a certificate issued under section C.08.015 of the Food and Drug Regulations, an exemption permitting the sale of a drug under subsection C.10.002(1) or C.10.008(1) of those Regulations, or an authorization under section C.05.006, C.05.008 or C.08.010 of those Regulations, section 67 or 71 of the Natural Health Products Regulations or section 21 or subsection 24(2) of the Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations. SOR/2021-199, s. 8; SOR/2022-18, s. 53; SOR/2022-18, s. 54.
Variations 2 For the purposes of subsections 105(3) and (4) of the
Act, the prescribed variations are (a) a variation in any appendage within the molecular structure of a medicinal ingredient that causes it to be an ester, salt, complex, chelate, clathrate or any noncovalent derivative; (b) a variation that is an enantiomer, or a mixture of enantiomers, of a medicinal ingredient; (c) a variation that is a solvate or polymorph of a medicinal ingredient; (d) an in vivo or in vitro post-translational modification of a medicinal ingredient; and (e) any combination of the variations set out in paragraphs (a) to (d). Eligible patents — requirement 3 (1) For the purpose of paragraph 106(1)(a) of the Act, the prescribed requirement is that the patent must be in force.
Current to June 20, 2022 Last amended on March 2, 2022
Certificate of Supplementary Protection Regulations Sections 3-6
Eligible patents — manners of pertinence to medicinal ingredients (2) For the purpose of paragraph 106(1)(c) of the Act, the
prescribed manners in which a patent may pertain to a medicinal ingredient or combination of medicinal ingredients are the following: (a) the patent contains a claim for the medicinal ingredient or combination of all the medicinal ingredients contained in a drug for which the authorization for sale set out in the application for a certificate of supplementary protection was issued; (b) the patent contains a claim for the medicinal ingredient or combination of all the medicinal ingredients as obtained by a specified process and contained in a drug for which the authorization for sale set out in the application for a certificate of supplementary protection was issued; and (c) the patent contains a claim for a use of the medicinal ingredient or combination of all the medicinal ingredients contained in a drug for which the authorization for sale set out in the application for a certificate of supplementary protection was issued.
Authorization for sale 4 For the purpose of paragraph 106(1)(c) of the Act, the prescribed kind of authorization for sale is a notice of compliance issued under section C.08.004 or C.08.004.01 of the Food and Drug Regulations.
Consultation with Patent Office 5 The Minister may consult with the officers or employees of the Patent Office about any matter relating to a patent that is set out in a certificate of supplementary protection or in an application for a certificate of supplementary protection. Countries and period 6 (1) For the purpose of paragraph 106(1)(f) of the Act, (a) the prescribed countries are (i) the European Union and any country that is a
member of the European Union, (ii) the United States of America, (iii) Australia, (iv) Switzerland,
Current to June 20, 2022 Last amended on March 2, 2022
Certificate of Supplementary Protection Regulations Section 6
(v) Japan, and (vi) the United Kingdom; and (b) the prescribed period for filing the application for the authorization for sale is (i) 24 months, if the application for a certificate of supplementary protection was filed no later than the first anniversary of the day on which section 59 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act comes into force, and (ii) 12 months, in any other case.
Period — filing application for certificate (2) For the purpose of subsection 106(3) of the Act, the prescribed period for filing the application for a certificate of supplementary protection is 120 days.
Content of application (3) An application for a certificate of supplementary protection must contain (a) the applicant’s name and contact information in
Canada, including their complete address; (b) the filing date of the application for the patent, the date on which the patent was granted and the date on which the term of the patent will expire; (c) the applicant’s attestation, as the case may be, that the applicant is the patentee and is recorded as an owner of the patent in the Patent Office or that they are the manufacturer who is authorized under section 8 to file the application; (d) the applicant’s attestation that (i) when the application was filed for the authorization for sale referred to in paragraph 106(1)(c) of the Act, no application for a marketing approval, equivalent to an authorization for sale, with respect to the medicinal ingredient or combination of medicinal ingredients, as the case may be, set out in the application for the certificate of supplementary protection had been submitted in a country prescribed by paragraph (1)(a), or (ii) if one or more of those applications for a marketing approval had been submitted in one or more of those countries, the application for the authorization for sale referred to in paragraph 106(1)(c) of the Act was filed before the end of the prescribed period referred to in paragraph (1)(b) that begins
Current to June 20, 2022 Last amended on March 2, 2022
Certificate of Supplementary Protection Regulations Sections 6-11
on the day of submission of the first of those marketing approval applications; and (e) a description of the method of payment used to
pay the fee prescribed under subsection 9(1). SOR/2020-288, s. 1.
Filing date 7 The filing date of an application for a certificate of supplementary protection is the date on which the information required by paragraphs 106(5)(a) and (b) of the Act and the content required by subsection 6(3) of these Regulations are received by the Minister. Application by manufacturer 8 A person recorded in the Patent Office as the owner of a patent may authorize a manufacturer to file on their behalf an application for a certificate of supplementary protection that sets out the patent if the authorization for sale in relation to which the certificate of supplementary protection is sought was issued to that manufacturer.
Fee — application for certificate 9 (1) The fee payable on filing an application for a certificate of supplementary protection is $9,011. Beginning on April 1, 2018, the fee increases annually by an amount equal to 2% of the fee payable in the previous year, rounded up to the nearest dollar. Manner of payment (2) The fee must be paid in Canadian currency to the account of the Receiver General for Canada.
Period — commencement of proceeding 10 For the purpose of subsection 110(2) of the Act, the prescribed period for commencing a proceeding referred to in that subsection is 90 days.
Period — expiry of pending applications 11 For the purpose of subsection 111(1) of the Act, the
prescribed period for the expiry of pending applications for a certificate of supplementary protection is 90 days. However, if any proceedings have been commenced under section 110 of the Act and two or more applications are pending at the end of the 90-day period, the prescribed period for the expiry of all of the pending applications is 30 days after the day on which the last of those proceedings has been finally disposed of.
Current to June 20, 2022 Last amended on March 2, 2022
Certificate of Supplementary Protection Regulations Sections 12-15
Withdrawal of application 12 An application for a certificate of supplementary protection is withdrawn on the day on which the Minister receives a notice of withdrawal from the applicant. Register 13 The Minister must maintain an electronic register of
applications for certificates of supplementary protection and certificates of supplementary protection that contains the following information: (a) in the case of an application, the number of the
patent as recorded in the Patent Office, the date on which the term of the patent expires, the medicinal ingredient or combination of medicinal ingredients and the number of the authorization for sale set out in the application, along with an indication of whether the authorization for sale relates to human use or veterinary use; and (b) in the case of a certificate of supplementary protection, the number of the patent as recorded in the Patent Office, the medicinal ingredient or combination of medicinal ingredients and the number of the authorization for sale set out in the certificate of supplementary protection, the number of the certificate of supplementary protection, the day on which its term begins and on which its term ends, along with an indication of whether it relates to human use or veterinary use.
Period — new patent notice 14 For the purpose of subsection 122(1) of the Act, the prescribed period that begins on the day on which a new patent is issued under section 47 of the Act is 30 days.
Correction of errors — application 15 (1) On the request of an applicant for a certificate of
supplementary protection or with their consent, the Minister may, before the certificate of supplementary protection is issued, amend the application to correct any obvious error, including an obvious omission. However, after the expiry of the period prescribed by section 10, the Minister must not correct an error in the patent number that is set out in the application.
Correction of errors — certificate (2) The Minister may correct any obvious error, including an obvious omission, in a certificate of supplementary protection, on the basis of information that the Minister had, or could have obtained, on the day of its issuance. However, the Minister may also correct such an error that concerns how a medicinal ingredient, or a
Current to June 20, 2022 Last amended on March 2, 2022
Certificate of Supplementary Protection Regulations Sections 15-16
combination of medicinal ingredients, is set out on the basis of information that the Minister obtains after that day. Effect of correction (3) A corrected application or certificate of supplementary protection has the same effect as if it were originally filed or issued in its corrected form.
Coming into force 16 These Regulations come into force on the day on which section 59 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, chapter 6 of the Statutes of Canada, 2017, 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 21, 2017, see SI/ 2017-47.]
*
Current to June 20, 2022 Last amended on March 2, 2022
Certificate of Supplementary Protection Regulations RELATED PROVISIONS
RELATED PROVISIONS — SOR/2021-199, s. 10 10 (1) In this section and in sections 11 to 15, Exceptional Importation and Shortages Interim Order No. 2 means the Interim Order No. 2 Respecting Drugs, Medical Devices and Foods for a Special Dietary Purpose in Relation to COVID-19, made by the Minister of Health on March 1, 2021 and published in Part I of the Canada Gazette on March 20, 2021.
(2) In sections 11 to 15, designated biocide, designated drug, designated food for a special dietary purpose, designated hand sanitizer and designated medical device have the same meaning as in the Exceptional Importation and Shortages Interim Order No. 2.
— SOR/2021-199, s. 15 15 A person who, immediately before the Exceptional Importation and Shortages Interim Order No. 2 ceased to have effect, was permitted, under subsection 30(2) of that Interim Order, to conduct an activity in respect of a designated hand sanitizer may continue to do so without holding an establishment licence that authorizes them to do so until the earliest of (a) the occurrence of one of the circumstances referred to in paragraphs 30(2)(a) to (c) of that Interim Order, and (b) September 1, 2023.
Current to June 20, 2022 Last amended on March 2, 2022
|
CONSOLIDATION
Canadian Film Certification Regulations
C.R.C., c. 516
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 Certification of Canadian Films and Related Products 1
Short Title
General
Current to June 20, 2022
ii
CHAPTER 516
CUSTOMS TARIFF Canadian Film Certification Regulations
Regulations Respecting the Certification of Canadian Films and Related Products
Short Title 1 These Regulations may be cited as the Canadian Film
Certification Regulations.
General 2 The National Film Board is hereby charged with the
duty of certifying on behalf of Her Majesty moving picture films, separate sound film track, filmstrips and slides, videotape and sound recordings, model, wall charts, maps and posters produced in Canada or produced abroad by persons normally resident in Canada as being of an international educational, scientific or cultural character. 3 Where a product referred to in section 2 is submitted to the National Film Board for certification, the Board shall certify it as being of an international educational, scientific or cultural character if, in the opinion of the Board, the product (a) interprets the life of a country or any part thereof
in such a way as to promote understanding; or (b) may be used for teaching or training purposes to
contribute to the development of technical efficiencies and is not advertising material.
Current to June 20, 2022
|
CONSOLIDATION
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
SI/91-124
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 Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
Current to June 20, 2022
ii
Registration SI/91-124 September 25, 1991
OLD AGE SECURITY ACT Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
R. J. HNATYSHYN [L.S.] Canada Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. To All to Whom these Presents shall come or whom the same may in anyway concern, Greeting: JOHN C. TAIT Deputy Attorney General A Proclamation Whereas, pursuant to Order in Council P.C. 1990-865 of May 10, 1990 made pursuant to section 41 of the Old Age Security Act, the Governor in Council declared that, in accordance with Article XXIII of the Agreement on Social Security between Canada and the Republic of Cyprus, signed at Ottawa on January 24, 1990, the Agreement shall enter into force in Canada on the first day of the second month following the month in which each Party shall have received written notification from the other Party that it has complied with all statutory and constitutional requirements for the entry into force of the Agreement; And Whereas, pursuant to subsection 42(1) of the said Act, the said Order in Council was laid before Parliament on June 13, 1990; And Whereas, before the twentieth sitting day after the said Order was laid before Parliament, no motion for the consideration of either House, to the effect that the order be revoked, was filed with the Speaker of the appropriate House pursuant to subsection 42(2) of the said Act and, pursuant to that subsection, the said Order came into force on the thirtieth sitting day after it was laid before Parliament, being October 26, 1990; And Whereas instruments of ratification were exchanged on March 28, 1991;
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
And Whereas the Agreement entered into force in Canada on the first day of the second month following the month in which the said instruments of ratification were exchanged, being May 1, 1991; And Whereas, by Order in Council P.C. 1991-1496 of August 13, 1991 made pursuant to subsection 41(2) of the said Act, the Governor in Council directed that a proclamation do issue giving notice that the said Agreement is in force as of May 1, 1991; Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation declare that the Agreement on Social Security between Canada and the Republic of Cyprus, the text of which is annexed hereto, is in force as of May 1, 1991. Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Ramon John Hnatyshyn, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, One of Our Counsel learned in the law, Governor General and Commander-inChief of Canada. At Our Government House, in Our City of Ottawa, this thirteenth day of August in the year of Our Lord one thousand nine hundred and ninety-one and in the fortieth year of Our Reign. By Command, NANCY HUGUES ANTHONY Deputy Registrar General of Canada
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
Agreement on Social Security Between Canada and the Republic of Cyprus The Government of Canada and the Government of the Republic of Cyprus, Resolved to co-operate in the field of social security, Have decided to conclude an agreement for this purpose, and Have agreed as follows:
PART I
General Provisions ARTICLE I
Definitions 1 For the purposes of this Agreement, (a) Government of Canada means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of National Health and Welfare; (b) territory means, as regards Canada, the territory of Canada; and, as regards the Republic of Cyprus, the Island of Cyprus; (c) legislation means the laws and regulations specified in Article II; (d) competent authority means, as regards Canada, the Minister of Ministers responsible for the administration of the legislation of Canada; and, as regards the Republic of Cyprus, the Minister of Labour and Social Insurance; (e) competent institution means, as regards Canada, the competent authority; and, as regards the Republic of Cyprus, the Department of Social Insurance Services; (f) creditable period means a period of contributions, insurance, employment or residence used to acquire the right to a benefit under the legislation of either Party; it also means, as regards Canada, a period during which a disability pension is payable under the Canada Pension Plan, and, as regards the Republic of Cyprus, a period for which contributions or insurable earnings appropriate to the benefit in question have been credited under the legislation of Cyprus; (g) benefit means any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance. 2 Any term not defined in this Article has the meaning assigned to it in the applicable legislation.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
ARTICLE II
Legislation to Which the Agreement Applies 1 This Agreement shall apply to the following legislation: (a) with respect to Canada: (i) the Old Age Security Act and the regulations made thereunder; and (ii) the Canada Pension Plan and the regulations made thereunder; (b) with respect to Cyprus: the Social Insurance Laws, 1980 to 1987, and the regulations made thereunder, as they relate to: (i) old age pension, (ii) invalidity pension, (iii) widow’s pension, (iv) orphan’s benefit, and (v) funeral grant. 2 Subject to paragraph 3, this Agreement shall apply also to any legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1. 3 This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if no objection on the part of either Party has been communicated to the other Party within three months of notification of such laws or regulations.
ARTICLE III
Persons to Whom the Agreement Applies This Agreement shall apply to any person who is or who has been subject to the legislation of Canada or Cyprus, and to the dependants and survivors of such a person within the meaning of the applicable legislation of either Party.
ARTICLE IV
Equality of Treatment Any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall, while in the territory of the other Party, be subject to the obligations of the legislation of the latter Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the latter Party. The preceding shall also apply to a citizen of the first Party who has never been subject to the legislation of that Party, and to the dependants and survivors of such a citizen.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
ARTICLE V
Export of Benefits 1 Unless otherwise provided in this Agreement, benefits acquired by any person described in Article III under the legislation of one Party, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the person resides in the territory of the other Party, and they shall be payable in the territory of the other Party. 2 Benefits payable under this Agreement to a person who is or who has been subject to the legislation of both Parties, or to the dependants or survivors of such a person, shall be paid in the territory of a third State.
PART II
Provisions Concerning the Applicable Legislation ARTICLE VI 1 Subject to the following provisions of this Article, (a) an employed person who works in the territory of one Party shall, in respect of that work, be subject only to the legislation of that Party, and (b) a self-employed person who ordinarily resides in the territory of one Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the former Party. 2 An employed person who is covered under the legislation of one Party and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the former Party as though those services were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than twenty-four months without the prior consent of the competent authorities of both Parties. 3 (a) Paragraph 2 shall apply to a person who is sent to work on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources, as though that installation were situated in the territory of that Party. (b) For the purposes of this Article, the continental shelf area of a Party includes every area beyond the territorial seas of that Party that, in accordance with international law and the laws of that Party, is an area in respect of
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
which that Party may exercise rights with respect to the seabed and sub-soil and their natural resources. 4 A person who, but for this Agreement, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in Canada and only to the legislation of Cyprus in any other case. 5 An employed person shall, in respect of the duties of a government employment performed in the territory of the other Party, be subject to the legislation of the latter Party only if he or she is a citizen thereof or ordinarily resides in its territory. In the latter case that person may, however, elect to be subject only to the legislation of the former Party if he or she is a citizen thereof. Article IV shall not apply to extend this right to elect to a person who is not a citizen of the former Party. 6 The competent authorities of the Parties may, by common agreement, modify the application of the provisions of this Article with respect to any persons or categories of persons.
ARTICLE VII
Definition of Certain Periods of Residence with Respect to the Legislation of Canada For the purpose of calculating benefits under the Old Age Security Act: (a) if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of residence in the territory of Cyprus, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Cyprus by reason of employment; (b) if a person is subject, by reason of employment, to the legislation of Cyprus during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
PART III
Provisions Concerning Benefits CHAPTER 1
Totalizing ARTICLE VIII 1 If a person is not entitled to a benefit on the basis of the creditable periods under the legislation of one Party, eligibility for that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 and 3 of this Article, provided that the periods do not overlap. 2 (a) For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a period of residence in the territory of Cyprus, after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be considered as a period of residence in the territory of Canada. (b) For purposes of determining eligibility for a benefit under the Canada Pension Plan, a contribution year in which at least one fourth of the basic insurable earnings have been paid or credited under the legislation of Cyprus shall be considered as a year for which contributions have been made under the Canada Pension Plan. 3 For purposes of determining eligibility for an old age pension under the legislation of Cyprus, (i) a week ending on or before December 31, 1965 which is a creditable period under the Old Age Security Act of Canada shall be considered as a week in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time; (ii) a year commencing on or after January 1, 1966 which is a creditable period under the Canada Pension Plan shall be considered as fifty-two weeks in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time; (iii) a week commencing on or after January 1, 1966 which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a week in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
4 For the purposes of determining eligibility for invalidity pension, widow’s pension or orphan’s benefit under the legislation of Cyprus a year commencing on or after January 1, 1966 which is a creditable period under the Canada Pension Plan shall be considered as fifty-two weeks in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time.
ARTICLE IX If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of the Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the laws of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods.
ARTICLE X 1 If the total duration of the creditable periods completed under the legislation of one Party is less than one year and if, taking into account only those periods, no right to a benefit exists under that legislation, the competent institution of that Party shall not be required to award benefits in respect of those periods by virtue of this Agreement. 2 These periods shall, however, be taken into consideration by the competent institution of the other Party to determine eligibility for benefits under the legislation of that Party through the application of Articles VIII and IX.
CHAPTER 2
Benefits Under the Legislation of Canada ARTICLE XI
Benefits Under the Old Age Security Act 1 (a) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be paid to that person outside the territory of Canada if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
(b) The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that Act. 2 (a) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be paid to that person if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance. (b) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods creditable under that Act. 3 (a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad. (b) The spouse’s allowance and the guaranteed income supplement shall be paid outside the territory of Canada only to the extent permitted by the Old Age Security Act.
ARTICLE XII
Benefits Under the Canada Pension Plan 1 If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan. 2 (a) The amount of the flat-rate portion of the benefit payable under the provisions of this Agreement shall, in this case, be determined by multiplying: (i) the amount of the flat-rate portion of the benefit determined under the provisions of the Canada Pension Plan by
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
(ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period under the Canada Pension Plan for entitlement to that benefit. (b) In no case, however, shall the fraction referred to in subparagraph (a)(ii) exceed the value of one.
CHAPTER 3
Benefits Under the Legislation of Cyprus ARTICLE XIII 1 (a) If a person is not entitled to an old age pension, invalidity pension, widow’s pension or orphan’s benefit solely on the basis of the creditable periods under the legislation of Cyprus, but is entitled to that benefit through the totalizing of creditable periods as provided in this Agreement, the competent institution of Cyprus shall calculate the amount of the supplementary benefit in conformity with the provisions of the legislation of Cyprus, exclusively on the basis of the periods creditable under that legislation. (b) The amount of basic benefit payable under the provisions of this Agreement shall, in this case, be determines as follows: (i) the competent institution of Cyprus shall calculate the theoretical benefit that would be payable if the creditable periods completed under the legislation of both Parties, totalized as provided in Chapter 1 of this Part, had been completed under the legislation of Cyprus alone; (ii) it shall then prorate the theoretical benefit so calculated by the fraction which represents the ratio of the periods creditable under the legislation of Cyprus in relation to the total of those periods and the periods creditable under the legislation of Canada. 2 In the application of paragraph 2, where, in accordance with the legislation of Cyprus, a woman claims an old age pension, the competent institution of Cyprus shall take into account, where appropriate, creditable periods completed by her husband under the legislation of either Party. 3 If a person is not entitled to a funeral grant solely on the basis of the creditable periods under the legislation of Cyprus, that person’s right to funeral grant shall be determined through the totalizing of creditable periods as provided in this Agreement.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
PART IV
Administrative and Miscellaneous Provisions ARTICLE XIV 1 The competent authorities and institutions responsible for the application of this Agreement: (a) shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement; (b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or the legislation to which this Agreement applies as if the matter involved the application of their own legislation; (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement. 2 The assistance referred to in subparagraph 1(b) shall be provided free of charge, subject to any agreement reached between the competent authorities of the Parties for the reimbursement of certain types of expenses. 3 Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to that Party by the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies.
ARTICLE XV 1 The competent authorities of the Parties shall establish, by means of an administrative arrangement, the measures necessary for the application of this Agreement. 2 The liaison agencies of the Parties shall be designated in that arrangement.
ARTICLE XVI 1 Any exemption from or reduction of taxes, legal dues, consular fees or administrative charges for which provision is made in the legislation of one Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party. 2 Any acts or documents of an official nature required to be produced for the application of this Agreement shall be exempt from any authentication by diplomatic or consular authorities and similar formality.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
ARTICLE XVII For the application of this Agreement, the competent authorities and institutions of the Parties may communicate directly with one another in any of the official languages of either Party.
ARTICLE XVIII 1 Any claim, notice or appeal concerning the determination of payment of a benefit under the legislation of one Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority or institution of that Party, but which is presented within the same period to a competent authority or institution of the other Party, shall be treated as if it had been presented to the authority or institution of the first Party. 2 A claim for a benefit under the legislation of one Party shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party, provided that the applicant: (a) requests that it be considered an application under the legislation of the other Party, or (b) provides information at the time of application indicating that creditable periods have been completed under the legislation of the other Party. However, the applicant may request that the claim to the benefit under the legislation of the other Party be deferred.
3 In any case to which paragraph 1 or 2 applies, the authority or institution to which the claim, notice or appeal has been submitted shall transmit it without delay to the authority or institution of the other Party.
ARTICLE XIX 1 The institution or authority of a Party may discharge its obligations under this Agreement in the currency of that Party or in any other freely convertible currency. 2 Benefits shall be paid to beneficiaries free from any deduction for administrative expenses that may be incurred in paying the benefits.
ARTICLE XX The competent authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.
ARTICLE XXI The relevant authority of the Republic of Cyprus and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.
Current to June 20, 2022
Proclamation Declaring the Agreement on Social Security between Canada and the Republic of Cyprus in Force May 1, 1991
PART V
Transitional and Final Provisions ARTICLE XXII 1 Any creditable period completed before the date of entry into force of this Agreement shall be taken into account for the purpose of determining the right to a benefit under the Agreement. 2 No provision of this Agreement shall confer any right to receive payment of a benefit for a period before the date of entry into force of the Agreement. 3 Subject to paragraph 2, a benefit, other than a lump sum payment, shall be paid under this Agreement in respect of events which happened before the date of entry into force of the Agreement.
ARTICLE XXIII 1 This Agreement shall enter into force, after the conclusion of the administrative arrangement referred to in Article XV, on the first day of the second month following the month in which each Party shall have received from the other Party written notification that it has complied with all statutory and constitutional requirements for the entry into force of this Agreement. 2 This Agreement shall remain in force without any limitation on its duration. It may be denounced at any time by either Party giving twelve months’ notice in writing to the other Party. 3 In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any rights then in course of acquisition by virtue of its provisions. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement. Done in two copies at Ottawa, this 24th day of January, 1990, in the English, French and Greek languages, each text being equally authentic. PERRIN BEATY For the Government of Canada ANGELOS ANGELIDES For the Government of the Republic of Cyprus
Current to June 20, 2022
|
CONSOLIDATION
Canadian Payments Association By-law No. 6 — Compliance
SOR/2003-347
Current to June 20, 2022 Last amended on August 1, 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 August 1, 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 August 1, 2015
TABLE OF PROVISIONS Canadian Payments Association By-law No. 6 — Compliance
Interpretation 1
Definitions
Investigation Initiated by President 2
Initiated by President
Investigation Initiated by Complaint 3
Complaint
Item in dispute
Acknowledgement of receipt
Powers of President
Frivolous complaints
Compliance Panel 8
Duties
Conduct of Investigations 9
Fairness and impartiality
Parties to investigation
Representation by lawyer
Evidence
Examination by the parties
Experts
Hearing
Sanctions and Expenses 16
Sanctions
Expenses
Compliance
Compliance Report 19
Investigation by President
Contents
Current to June 20, 2022 Last amended on August 1, 2015
ii
Canadian Payments Association By-law No. 6 — Compliance TABLE OF PROVISIONS
Time limit
Enforcement and Collection 22
Time limit
General revenue
Register
Reinstatement of Rights 25
Reinstatement
Notices and Documents 26
Method of giving notices
Association
Exclusion of Liability 28
Exclusion of liability
Indemnity
Consequential Amendment Repeal Coming into Force 32
Coming into force
Current to June 20, 2022 Last amended on August 1, 2015
iv
Registration SOR/2003-347
October 23, 2003
CANADIAN PAYMENTS ACT Canadian Payments Association By-law No. 6 — Compliance P.C. 2003-1625
October 23, 2003
The Board of Directors of the Canadian Payments Association, pursuant to subsection 18(1)a of the Canadian Payments Actb, hereby makes the annexed Canadian Payments Association By-law No. 6 — Compliance. Ottawa, June 25, 2003 Whereas the annexed Canadian Payments Association By-law No. 6 — Compliance, made by the Board of Directors of the Canadian Payments Association, has been approved, in accordance with subsection 18(3) of the Canadian Payments Actb, by the members of the Association at a meeting of members; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 18(2) of the Canadian Payments Actb, hereby approves the annexed Canadian Payments Association By-law No. 6 — Compliance, made by the Board of Directors of the Canadian Payments Association.
a
S.C. 2001, c. 9, s. 233
b
S.C. 2001, c. 9, s. 218
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance
Interpretation Definitions 1 (1) The following definitions apply in this By-law.
By-law No. 3 means Canadian Payments Association By-law No. 3 — Payment Items and Automated Clearing Settlement System. (Règlement administratif n° 3) clearing member means a member that, on behalf of a non-member, exchanges payment items and effects clearing or makes entries into the Automated Clearing Settlement System within the meaning of By-law No. 3. (membre de compensation) committee means a committee established by the Board or a subcommittee of that committee. (comité) document includes data stored by electronic means. (document) item in dispute means an item in dispute as defined in Canadian Payments Association Rule A6. (effet contesté) non-member means a local referred to in subparagraph 6(1)(a)(ii) of Bylaw No. 3. (non-membre) party means a party to an investigation under section 10. (partie) secretary means the secretary of the Association appointed by the Board. (secrétaire)
Contravention by member (2) For the purposes of this By-law, a member commits a
contravention when the member fails to comply with a provision of the by-laws or rules that imposes a duty on the member. Contravention by non-member (3) For the purposes of this By-law, a non-member commits a contravention when the non-member fails to comply with a provision of the by-laws or rules in respect of
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Interpretation Sections 1-3
which a clearing member is responsible for ensuring compliance by the non-member under By-law No. 3. SOR/2010-43, s. 70; SOR/2015-185, s. 26.
Investigation Initiated by President [SOR/2010-43, s. 71]
Initiated by President 2 (1) The President may, at any time, if the President
reasonably believes that a member or a non-member has committed a contravention, refer the matter to a committee that has relevant expertise for the purposes of an investigation. Requirements (2) The President shall provide the following when referring the matter to a committee: (a) the name of the member or non-member involved; (b) a description of the alleged contravention and the relevant facts; (c) any documentary evidence supporting the allegation; and (d) any other relevant information or arguments.
Notice (3) Immediately after the President refers a matter to a committee, the President shall give written notice to the parties that the President has referred the matter to a committee for the purposes of an investigation. The notice shall contain a description of the alleged contravention. SOR/2010-43, s. 72.
Investigation Initiated by Complaint Complaint 3 (1) A member may file with the President a complaint alleging that another member or non-member has committed a contravention.
Requirements (2) A complaint shall be in writing and signed by an authorized representative of the complainant. The complaint shall contain the following:
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Investigation Initiated by Complaint Sections 3-6
(a) the name of the member or non-member involved; (b) a description of the alleged contravention and the relevant facts; (c) any documentary evidence supporting the complaint; (d) if appropriate, the relief sought; and (e) any other relevant information or arguments. SOR/2010-43, s. 73.
Item in dispute 4 (1) Before filing a complaint that involves an item in dispute, the member shall give written notice to the member alleged to be in contravention or, in the case of a non-member alleged to be in contravention, to the nonmember and its clearing member (a) of the reason for the dispute, within 60 days after
receipt of the returned item by the branch that originally received the item on negotiation or deposit; and (b) of the member’s intention to file a complaint, at
least 30 days before the day on which the complaint is filed. Time limit (2) No complaint involving an item in dispute may be
filed more than 180 days after the notice referred to in paragraph (1)(b) has been given.
Acknowledgement of receipt 5 The President shall acknowledge, in writing, receipt of the complaint within 10 days after the day on which it is filed. SOR/2010-43, s. 74.
Powers of President 6 (1) The President shall, if the President believes that the complaint is not frivolous, vexatious or made in bad faith, (a) investigate the complaint and appoint one or more
persons as necessary to assist in the investigation; or (b) refer the complaint to a committee that has relevant expertise for the purposes of an investigation. Notice (2) If the President decides to investigate a complaint or
to refer a complaint to a committee, the President shall, within 30 days after the day on which the complaint is
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Investigation Initiated by Complaint Sections 6-7
filed, give written notice to the parties of the President’s decision. The notice shall contain the details of the complaint. Referral (3) If the President refers a complaint to a committee,
the referral shall be made within 40 days after the day on which the complaint is filed. SOR/2010-43, s. 75.
Frivolous complaints 7 (1) If the President decides that the complaint is frivolous, vexatious or made in bad faith, the President shall give written notice of that decision with reasons to the complainant within 30 days after the day on which the complaint is filed.
Appeal (2) A complainant may appeal the President’s decision to
the Board within 30 days after the day on which the notice of the decision is given to the complainant. Requirements (3) The appeal shall be made in writing, signed by an authorized representative of the appellant and given to the secretary. Acknowledgement of receipt (4) The secretary shall acknowledge, in writing, receipt
of the appeal within 10 days after the day on which it is received. Distribution and scheduling (5) The secretary shall distribute the appeal to the members of the Board, and the hearing of the appeal shall be placed on the agenda for the next regular meeting of the Board.
Notice of the hearing (6) The secretary shall give written notice of the hearing of the appeal to the complainant and the President at least 14 days before the day of the hearing.
Conflict of interest (7) If a director has, or appears to have, a conflict of interest, that director shall withdraw from the appeal.
Submissions (8) The complainant and the President shall be given the
opportunity to make oral and written submissions to the Board without introducing new evidence.
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Investigation Initiated by Complaint Sections 7-9
Decision of Board (9) The Board shall either confirm the President’s decision, if the Board believes the complaint is frivolous, vexatious or made in bad faith, or order that an investigation be conducted. Requirements for decisions (10) The decision of the Board shall be in writing with
reasons and the Board shall give the decision to the complainant and the President within 30 days after the day of the hearing. Notice (11) If the Board orders that an investigation be held, the President shall, within 10 days after the day on which the order is received, (a) refer the investigation to a committee that has relevant expertise; and (b) give to the parties a written notice setting out the details of the complaint and that the complaint has been referred to a committee for the purposes of an investigation. SOR/2010-43, s. 76.
Compliance Panel Duties 8 (1) If a complaint has been referred to a committee,
the committee shall, at its next regular meeting, (a) establish a compliance panel of at least three representatives of members other than the complainant and the member alleged to be in contravention or, in the case of a non-member alleged to be in contravention, the non-member’s clearing member; and (b) appoint the chair of the compliance panel.
Decision (2) A decision of the compliance panel is by majority
vote.
Conduct of Investigations Fairness and impartiality 9 (1) An investigation shall be conducted in a fair and
impartial manner.
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Conduct of Investigations Sections 9-12
Conflict of interest (2) If the President or a member of a compliance panel
has, or appears to have, a conflict of interest, the President or the panel member, as the case may be, shall withdraw from the investigation and be replaced by a person designated by the Board. SOR/2010-43, s. 77.
Parties to investigation 10 (1) A member alleged to be in contravention and, in the case of a non-member alleged to be in contravention, the non-member and its clearing member are parties to an investigation of the contravention.
Association (2) Subject to subsection (3), the Association is a party to
every investigation. Complainant (3) In the case of an investigation involving an item in
dispute that has been initiated by the complaint of a member involved in the dispute, the complainant, rather than the Association, is a party to the investigation. Representation by lawyer 11 The parties to an investigation are entitled to be represented by a lawyer during the investigation.
Evidence 12 (1) The President or compliance panel, as the case may be, shall assemble information and documents that are relevant to the investigation.
Written summary (2) The President or compliance panel, as the case may be, shall ensure that a written summary is prepared of any information that is assembled.
Record (3) The written summaries and documents are part of
the record of the investigation. Information and documents (4) The President or compliance panel, as the case may
be, may request any member to provide information or documents that are relevant to the investigation and may make copies of them.
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Conduct of Investigations Sections 12-15
Duty (5) A member shall provide, or arrange to provide, the
information or documents requested, unless the member satisfies the President or compliance panel, as the case may be, that there is a good reason as to why it should not provide or arrange to provide them. Restriction on use (6) The President or compliance panel, as the case may be, shall use the information or documents that are assembled for the sole purpose of the investigation and for making a decision in respect of the alleged contravention. SOR/2010-43, s. 78.
Examination by the parties 13 The parties may, for the sole purpose of the investigation, examine the record of the investigation and make copies of it.
Experts 14 (1) The President or compliance panel, as the case
may be, may engage legal and other experts. Their reasonable fees and disbursements shall be included in the expenses of the investigation. Record (2) Any information or documents provided to the President or compliance panel, as the case may be, by their experts, other than a legal expert, forms part of the record of the investigation. SOR/2010-43, s. 79.
Hearing 15 (1) The President or compliance panel, as the case may be, shall convene a hearing unless the parties agree that a hearing is not necessary.
Date of hearing (2) The President or compliance panel, as the case may
be, shall select a date for a hearing in consultation with the parties. Notice (3) The President or compliance panel, as the case may be, shall give to the parties written notice of the day of a hearing at least 20 days before that day.
Rights of parties (4) In a hearing, the parties have the right to be heard, to produce and cross-examine witnesses, to receive copies of any documentary evidence produced against them, to
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Conduct of Investigations Sections 15-17
produce evidence and to make oral and written submissions. SOR/2010-43, s. 80.
Sanctions and Expenses Sanctions 16 (1) If, after an investigation, the President or compliance panel, as the case may be, decides that a member is in contravention or, in the case of a non-member alleged to be in contravention, that the non-member is in contravention and that its clearing member failed to ensure compliance by the non-member, the President or compliance panel, as the case may be, may take one or more of the following actions: (a) reprimand the member; (b) order the member to do anything that a member is required to do, or to stop doing anything that a member is not allowed to do, under the by-laws or rules; (c) order the member to make restitution to any
member that has suffered a loss as a result of the contravention; (d) suspend one or more of the rights of the member, specifying the day on which the rights are automatically reinstated or the conditions that must be met before the rights can be reinstated on application under section 25; (e) order the member to comply with certain conditions when the member exercises one or more of its rights; (f) order the member to pay a penalty not to exceed $250,000 for each contravention.
Recommendation to remove (2) In addition to the sanctions referred to in subsection (1), the President or compliance panel, as the case may be, may notify the Board or any committee on which an officer or employee of the member serves that the member has committed a contravention and recommend that the officer or employee be removed from the Board or committee. SOR/2010-43, s. 81.
Expenses 17 The President or compliance panel, as the case may
be, may determine the amount of the expenses of the investigation and order one or both of the following persons to pay all or a part of those expenses:
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Sanctions and Expenses Sections 17-22
(a) the member who is the subject of the investigation; (b) a complainant who is a party to the investigation
under subsection 10(3). SOR/2010-43, s. 82.
Compliance 18 Every member who is subject to an order under subsection 16(1) or section 17 shall comply with the order.
Compliance Report Investigation by President 19 (1) When an investigation is conducted by the President, the President shall prepare a compliance report.
Investigation by compliance panel (2) When an investigation is conducted by a compliance
panel, the panel shall prepare a compliance report. SOR/2010-43, s. 83.
Contents 20 A compliance report shall contain the following information: (a) the facts and analysis with respect to the investigation; (b) the conclusions of the investigation, including a
determination of whether a contravention has occurred; (c) any sanctions that are being imposed; and (d) who is required to pay all or a part of the expenses, if any, of the investigation.
Time limit 21 The President or compliance panel, as the case may be, shall give the compliance report to the parties within 30 days after the day on which the investigation has concluded. SOR/2010-43, s. 84.
Enforcement and Collection Time limit 22 (1) Any amount to be paid by a member under subsection 16(1) or section 17 is due and payable within 30 days after the day on which the compliance report is given to the member.
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Enforcement and Collection Sections 22-24
Interest (2) If a member does not pay the amount within the 30day period, the member shall pay interest calculated in accordance with subsection (3). Calculations (3) The interest is equal to an amount calculated in accordance with the formula A×B×C
where A
is the amount to be paid under subsection (1);
B
is the weighted average of the minimum interest rate that the Bank of Canada is prepared to charge in respect of an advance, as made public in accordance with the Bank of Canada Act, converted to a daily rate that is based on 365 days, for the period beginning on the day on which the compliance report is given to the member and ending on the day on which the amount referred to in the description of A is paid (in this subsection referred to as the interest period); and
C
is the number of days in the interest period.
Amount owing added to membership dues (4) Any amount to be paid by the member that is not paid within the 30-day period, together with the interest calculated under subsection (3), shall be added to the following year’s annual dues of that member. SOR/2010-43, s. 85.
General revenue 23 The amount of any penalty or interest paid or expenses recovered under this By-law accrues to the general revenue of the Association. SOR/2010-43, s. 86.
Register 24 (1) Every compliance report and every decision or order of the Board referred to in subsection 7(9) shall be filed with the Association and recorded in a register maintained by the secretary.
Consultation (2) The register may be consulted by any member or non-member on request to the secretary.
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Reinstatement of Rights Sections 25-27
Reinstatement of Rights Reinstatement 25 The President or compliance panel, as the case may
be, shall reinstate the rights of a member that have been suspended under subparagraph 16(1)(d) if the member applies for reinstatement and the conditions for reinstatement referred to in that paragraph have been met. SOR/2010-43, s. 87.
Notices and Documents Method of giving notices 26 (1) Any notice to be given under this by-law is sufficiently given if it is given by personal delivery, transmitted by facsimile or electronic mail, or sent by registered mail (except during periods of actual or threatened interruption of normal postal service because of labour disturbance) addressed to the intended recipient at the recipient’s address as recorded on the membership list or in the records of the Association.
Delivered notice (2) A notice given by personal delivery is considered to
have been given on the day it is delivered. Mailed notice (3) A notice sent by registered mail is considered to have
been given on the fifth day after it was mailed.
Notices sent by other means (4) A notice transmitted by facsimile or electronic mail is considered to have been given on the day it is transmitted.
Change of address (5) The secretary may change or cause to be changed in the records of the Association the address of any member, director, officer, auditor or member of a committee of the Board in accordance with any reliable information.
Notice of change of address (6) Members shall inform the secretary of any change in their address. SOR/2015-185, s. 27.
Association 27 Any document given to the Association because the Association is a party to an investigation shall be delivered or given to the secretary.
Current to June 20, 2022 Last amended on August 1, 2015
Canadian Payments Association By-law No. 6 — Compliance Exclusion of Liability Sections 28-32
Exclusion of Liability Exclusion of liability 28 Neither the Association, nor a director, the President
or a member of a compliance panel is liable for any loss or damage suffered by a member for anything done or omitted to be done honestly and in good faith in the administration or discharge of any powers or duties that under this By-law are intended or authorized to be executed or performed. SOR/2010-43, s. 88.
Indemnity 29 The Association shall indemnify a member of a compliance panel or former member of a compliance panel and his or her heirs and legal representatives, against all costs, charges and expenses — including an amount paid to settle an action or to satisfy a judgment — reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she was made a party by reason of being or having been a member of a compliance panel, if (a) the member or former member acted honestly and
in good faith; and (b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the member or former member had reasonable grounds for believing that his or her conduct was lawful.
Consequential Amendment 30 [Amendment]
Repeal 31 [Repeal]
Coming into Force Coming into force 32 This By-law comes into force on the day on which it
is registered.
Current to June 20, 2022 Last amended on August 1, 2015
|
CONSOLIDATION
Converted Company Ownership Regulations
SOR/99-129
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 Converted Company Ownership Regulations
Interpretation
Meaning of “Widely Held”
Exception
Coming into Force
Current to June 20, 2022
ii
Registration SOR/99-129 March 12, 1999
INSURANCE COMPANIES ACT Converted Company Ownership Regulations
P.C. 1999-423
March 12, 1999
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsections 407(4)a and (5)b and paragraph 703(b) of the Insurance Companies Actc, hereby makes the annexed Converted Company Ownership Regulations.
a
S.C. 1999, c. 1, s. 7
b
S.C. 1997, c. 15, s. 24
c
S.C. 1991, c. 47
Current to June 20, 2022
Converted Company Ownership Regulations
Interpretation 1 In these Regulations, Act means the Insurance Companies Act. (Loi)
Meaning of “Widely Held” 2 For the purposes of subsection 407(4) of the Act, a life
company is widely held at a particular time if at that time (a) no person has a significant interest in any class of
shares of the life company; or (b) where another company acquired all of the voting
shares of the life company as a result of the conversion of the life company into a company with common shares and holds all of the voting shares of the life company at that time, no person has a significant interest in (i) any class of shares of the other company, or (ii) any class of non-voting shares of the life company.
Exception 3 For the purposes of subsection 407(5) of the Act, the
companies in respect of which subsection 407(4) of the Act does not apply are life companies whose total assets in Canada were less than $7.5 billion on December 31, 1991.
Coming into Force 4 These Regulations come into force on the day on
which they are registered.
Current to June 20, 2022
|
CONSOLIDATION
Canadian Hatching Egg Producers Proclamation
SOR/87-40
Current to June 20, 2022 Last amended on July 5, 2013
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 5, 2013. 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 5, 2013
TABLE OF PROVISIONS Canadian Hatching Egg Producers Proclamation
SCHEDULE
Current to June 20, 2022 Last amended on July 5, 2013
ii
Registration SOR/87-40 December 29, 1986
FARM PRODUCTS AGENCIES ACT Canadian Hatching Egg Producers Proclamation
A Proclamation Whereas in and by subsection 17(1) of the Farm Products Marketing Agencies Act it is provided that the Governor in Council may by proclamation establish an agency with powers relating to any farm product or farm products the marketing of which in interprovincial and export trade is not regulated pursuant to the Canadian Wheat Board Act or the Canadian Dairy Commission Act where she is satisfied that a majority of the producers of the farm product or of each of the farm products in Canada is in favour of the establishment of an agency;
And Whereas the Governor in Council is satisfied that a majority of the producers in Canada of broiler hatching eggs and chicks produced for chicken production is in favour of the establishment of such an agency; Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation establish an agency, to be known as Canadian Hatching Egg Producers, consisting of eight members appointed in the manner and for the terms set forth in the schedule hereto. And Know You Further that We are pleased to specify that the farm products in relation to which Canadian Hatching Egg Producers may exercise its powers are broiler hatching eggs and chicks produced for chicken production, and such powers may be exercised in relation to (a) broiler hatching eggs and chicks produced in the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta for chicken production and marketed in interprovincial or export trade; and (b) broiler hatching eggs and chicks produced for chicken production in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador as well as Yukon, the Northwest Territories and Nunavut and shipped into the Provinces of Ontario, Quebec, Manitoba,
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation
British Columbia, Saskatchewan and Alberta in interprovincial trade and not for export.
And Know You Further that We are pleased to specify that Canadian Hatching Egg Producers shall not, in relation to chicks produced for chicken production, be authorized to exercise its powers pursuant to section 22 of the Farm Products Agencies Act, save and except to make such orders and regulations as it considers necessary (a) to implement a quota system for persons engaged in the marketing of chicks produced in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador or Yukon, the Northwest Territories or Nunavut for chicken production and marketed in the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta; (b) to establish a system for the licensing, for information purposes, of persons engaged in the marketing of chicks produced for chicken production; and (c) to require a person engaged in the marketing of chicks produced for chicken production to deduct, from any amount payable by the person to a broiler hatching egg producer, any levies or charges payable to Canadian Hatching Egg Producers by the producer and to remit all amounts so deducted to Canadian Hatching Egg Producers.
And Know You Further that We are pleased to specify that the manner of designation of the chairman and vice-chairman of Canadian Hatching Egg Producers, the place within Canada where the head office of Canadian Hatching Egg Producers is situated and the terms of the marketing plan that Canadian Hatching Egg Producers is empowered to implement shall be as set forth in the schedule hereto. And Know You Further that We are pleased to specify that this Proclamation and the schedule hereto may be cited as the Canadian Hatching Egg Producers Proclamation. Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation
In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well beloved Jeanne Sauvé, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit upon whom We have conferred Our Canadian Forces’ Decoration, Governor General and Commander-in-Chief of Canada. At Our Government House, in Our City of Ottawa, this twenty-second day of December in the year of Our Lord one thousand nine hundred and eightysix and in the thirty-fifth year of Our Reign. By Command, MARK R. DANIELS Deputy Registrar General of Canada SOR/87-544, s. 1; SOR/89-154, s. 1; SOR/89-250, s. 1; SOR/2007-196, s. 1; SOR/2013-144, s. 1..
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
SCHEDULE
Interpretation 1 In this schedule, Act means the Farm Products Agencies Act; (Loi) Agency means Canadian Hatching Egg Producers; (Office) broiler hatching egg means an egg that is suitable for incubation and is to be hatched as a chick for chicken production; (œuf d’incubation de poulet de chair) chick means a chick hatched from a broiler hatching egg from the time of hatch until it is placed in the facilities of a chicken producer for raising and not for resale; (poussin) Commodity Board means, in respect of the Province of (a) Ontario, the Ontario Broiler Hatching Egg & Chick Commission, (b) Quebec, le Syndicat des producteurs d’oeufs d’incubation du Québec, (c) Manitoba, Manitoba Chicken Producers, (d) British Columbia, the British Columbia Broiler Hatching Egg Commission, (e) Saskatchewan, the Saskatchewan Broiler Hatching Egg Producers’ Marketing Board, and (f) Alberta, the Alberta Hatching Egg Producers; (office provincial de commercialisation) marketing, in relation to broiler hatching eggs and chicks, means selling and offering for sale and buying, hatching, pricing, assembling, packing, transporting, delivering, receiving, storing and reselling; (commercialisation) non-signatory provinces means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador as well as Yukon, the Northwest Territories and Nunavut; (provinces non signataires) Plan means the marketing plan the terms of which are set out in Part II of this schedule; (plan) producer means a person engaged in the production of broiler hatching eggs; (producteur) quota means (a) in respect of broiler hatching eggs, the number of broiler hatching eggs that a person is entitled to market in interprovincial or export trade under the quota system during a specified period, and (b) in respect of chicks, the number of chicks produced in a non-signatory province that a person is entitled to
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
market into a signatory province under the quota system during a specified period; (contingent) quota system means (a) in respect of broiler hatching eggs, a system established by the Agency by which (i) in respect of a non-signatory province, the Agency allots quotas to persons engaged in the marketing of broiler hatching eggs produced in the non-signatory province and marketed into a signatory province, thus enabling the Agency to fix and determine the quantity, if any, of broiler hatching eggs of any variety, class or grade that may be marketed by such persons into a signatory province, and (ii) in respect of a signatory province, the Agency allots quotas to producers in the signatory province, thus enabling the Agency to fix and determine the quantity, if any, of broiler hatching eggs of any variety, class or grade that may be marketed by such producers in interprovincial or export trade from the signatory province, and (b) in respect of chicks, a system established by the Agency in respect of a non-signatory province by which the Agency allots quotas to persons engaged in the marketing of chicks produced in the non-signatory province and marketed into a signatory province, thus enabling the Agency to fix and determine the quantity, if any, of chicks that may be marketed by such persons into a signatory province; (système de contingentement) signatory provinces means the Provinces of Ontario, Quebec, Manitoba, British Columbia, Saskatchewan and Alberta. (provinces signataires) SOR/87-544, s. 2; SOR/89-154, s. 2; SOR/89-250, s. 2; SOR/2007-196, s. 2; SOR/2013-144, s. 2.
PART I
Agency 2 (1) The Governor in Council shall appoint as the first members of the Agency the existing directors of the Canadian Broiler Hatching Egg Producers Association that are from the signatory provinces and such members shall hold office until the expiration of the first fiscal year of the Agency, as fixed by by-law of the Agency.
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
(2) Subject to subsections (1) and (5), the members of the Agency shall be appointed as follows to hold office for a term of two years: (a) the Commodity Board of each signatory province shall appoint one member, who is a resident of Canada, from among those of the Commodity Board’s directors who are actively engaged in the production of broiler hatching eggs and, where that member is involved in the setting of broiler hatching eggs in incubators, the hatchery of that member shall be licensed by the provincial Commodity Board that is authorized to license or, in the case of the Province of Quebec, shall be covered by an association of hatcheries accredited by that province’s supervisory board; (b) where there are four or fewer provincial commodity board members, the Canadian Hatchery Federation shall appoint one person as a member who is a resident of Canada; and (c) where there are five or more provincial commodity board members, the Canadian Hatchery Federation shall appoint two persons as members who are residents of Canada, one of whom shall represent the region west of the Ontario-Manitoba border and one of whom shall represent the region east of the Ontario-Manitoba border. (2.1) Persons appointed under paragraph (2)(b) or (c) shall be from a hatchery that is located in a signatory province and shall be experienced in the business or trade of the hatching of chicks for chicken production. The persons shall be active members of the staff of the hatchery and shall not be employed by the same business entity or corporate family. In each case the hatchery must be licensed by the Commodity Board where the province’s Commodity Board is authorized to license or, in the case of the Province of Quebec, shall be covered by an association of hatcheries accredited by that Province’s Supervisory Board. (3) A Commodity Board or the Canadian Hatchery Federation may appoint a person with the same qualifications for membership as are required for a member to be appointed by the Board or Federation to be a temporary substitute member to act in the place of each member appointed by it when that member is absent, is unable to act or is elected Chairperson of the Agency and to hold office as a temporary substitute member until the member in whose place the temporary substitute member is appointed to act ceases to be a member. (4) A temporary substitute member appointed under subsection (3) shall hold office during pleasure. (5) The members of the Agency first appointed under subsection (2) shall assume office on the expiration of the term of office of the members appointed under subsection (1) and shall hold office for a term of two years, except that the first members appointed under paragraph (2)(a) by the Commodity Boards of the Provinces of Ontario and Quebec shall hold office for a term of only one year. (6) [Repealed, SOR/2013-144, s. 3] SOR/2007-196, s. 3; SOR/2013-144, s. 3.
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
3 The members of the Agency shall, at their first meeting and annually thereafter at the first meeting next following each annual meeting of the Agency, elect from among themselves a chairman and a vice-chairman of the Agency, and the chairman and vice-chairman so elected shall hold office as such until their successors are elected in accordance with this section. 4 The head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.
PART II
Plan Quota System — Broiler Hatching Eggs 5 (1) The Agency shall, by order or regulation, establish a quota system in respect of the signatory provinces pursuant to which quotas are allotted to all producers to whom quotas in intraprovincial trade have been allotted by the appropriate Commodity Board. (2) The Agency may, by order or regulation, establish a quota system in respect of any non-signatory province pursuant to which quotas are allotted by the Agency, on the basis of the production in the non-signatory province reflected in the table to this section, to any person in a non-signatory province engaged in the marketing of broiler hatching eggs in interprovincial trade, but not for export, into a signatory province thus enabling the Agency to determine the quantity of broiler hatching eggs that may be so marketed and the conditions under which they may be so marketed.
(3) Subject to section 6, the Agency, in establishing the quota system pursuant to subsection (1), shall provide for the allotment of quotas in such a manner that the maximum number of broiler hatching eggs produced in a province and authorized pursuant to quotas to be marketed in interprovincial or export trade in the twelve month period commencing on the effective date of regulations made by the Agency for the purpose of implementing the quota system when taken together with the number of broiler hatching eggs produced in the province and authorized pursuant to quotas allotted by the Commodity Board of the province to be marketed in intraprovincial trade in the same period, and the number of broiler hatching eggs produced in the province and anticipated to be marketed in the same period as authorized other than by such quotas will equal the total number of broiler hatching eggs set out for the province in the table to this section.
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
TABLE
Province
Total Number of Broiler Hatching Eggs
Ontario...............................................
109,871,351
Quebec...............................................
102,350,032
Nova Scotia.......................................
10,588,592
New Brunswick.................................
14,808,161
Manitoba...........................................
14,567,564
British Columbia...............................
38,653,284
Prince Edward Island........................
625,402
Saskatchewan...................................
9,091,518
Alberta...............................................
44,610,485
Newfoundland and Labrador...........
24,056
Yukon.................................................
Northwest Territories.......................
Nunavut.............................................
SOR/89-250, s. 3; SOR/2007-196, s. 4.
6 The Agency shall not make any order or regulation that would have the effect of increasing or decreasing the aggregate of (a) the total number of broiler hatching eggs produced and authorized by quotas referred to in subsection 5(3) to be marketed in interprovincial, export and intraprovincial trade, and (b) the total number of broiler hatching eggs produced and anticipated to be marketed in interprovincial, export and intraprovincial trade as authorized other than by such quotas to a number that in any twelve month period or, for the first allocation of the Agency, a portion thereof is more or less than, as the case may be, the total number of broiler hatching eggs set out in the table to section 5 for the province unless the Agency has applied the allocation system set out in Schedule “B” annexed to the Federal Provincial Agreement authorized to be entered into by the Minister of Agriculture for Canada by Order in Council P.C. 1986-2653 of November 27, 1986*. SOR/87-544, s. 3.
Quota System — Chicks 6.1 (1) The Agency may, by order or regulation, establish a quota system in respect of the non-signatory provinces pursuant to which quotas are alloted by the Agency to persons engaged in the marketing of chicks produced in a non-signatory province and marketed into a signatory province. *
Not published in the Canada Gazette Part II
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
(2) Subject to section 6.2, the Agency, in establishing a quota system pursuant to subsection (1), shall provide for the allotment of quotas in such a manner that the maximum number of chicks produced in a non-signatory province or in an area that comprises non-signatory provinces and authorized pursuant to quotas to be marketed into a signatory province, during the 12 month period commencing on the effective date of the order or regulation made by the Agency for the purpose of implementing the quota system, will equal the total number of chicks set out for the province or area in the table to this section.
TABLE Province or Area
Total Number of Chicks
Atlantic Provinces......................
172,702
Yukon..........................................
Northwest Territories................
Nunavut......................................
SOR/89-250, s. 4; SOR/2007-196, s. 5; SOR/2013-144, s. 4.
6.2 The Agency shall not make any order or regulation that would have the effect of increasing or decreasing the total number of chicks produced in a non-signatory province or in an area that comprises non-signatory provinces and authorized pursuant to quotas referred to in subsection 6.1(2) to be marketed into a signatory province to a number that, in any 12 month period or, for the first allocation of the Agency, a portion thereof, is more or less than, as the case may be, the total number of chicks set out in the table to section 6.1 in respect of the province or area unless (a) the Agency increases or decreases the total number of chicks for the province by the same percentage as the Agency increases or decreases, as the case may be, for that period, or portion thereof, the total number of broiler hatching eggs set out in the table to section 5 in respect of the province; or (b) the Agency increases or decreases the total number of chicks for the area by the average percentage the Agency increases or decreases, as the case may be, for that period, or portion thereof, the total number of broiler hatching eggs set out in the table to section 5 in respect of the provinces the area comprises. SOR/89-250, s. 4.
Licensing 7 (1) The Agency, by order or regulation, (a) shall, in respect of a signatory province, establish a system of licensing of persons engaged in the marketing in interprovincial or export trade of broiler hatching eggs or chicks produced in any signatory province for chicken production; and
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
(b) may, in respect of a non-signatory province, establish a system of licensing of persons engaged in the interprovincial marketing from the non-signatory province into a signatory province, but not for export, of broiler hatching eggs or chicks produced in the non-signatory province for chicken production. (2) The Agency, in establishing a licensing system pursuant to subsection (1), shall prescribe the terms and conditions to which each licence issued pursuant to the system is subject, including (a) a condition that the person to whom the licence is issued shall at all times during the term of the licence comply with the orders, regulations or requirements of the Agency or of the National Farm Products Marketing Council that are applicable to that person; (b) the terms and conditions with respect to the collection and reporting of information in respect of the marketing of broiler hatching eggs or chicks produced for chicken production; and (c) the terms and conditions under which the licence may be suspended or cancelled. (3) The Agency, in establishing a licensing system pursuant to subsection (1), shall establish the terms and conditions under which a licence may be granted, refused or renewed and the fees payable to the Agency in respect of each licence or class of licence.
Levies and Charges 8 (1) The Agency may, in respect of broiler hatching eggs produced in a signatory province and marketed in interprovincial or export trade and in respect of broiler hatching eggs produced in a non-signatory province and marketed in interprovincial trade, but not for export, into any signatory province, by order or regulation, (a) impose levies or charges on persons engaged in the marketing of broiler hatching eggs and any order or regulation made pursuant to this paragraph may group such persons into classes, specify the levies or charges, if any, payable by the members of each such class and provide for the manner of collection of the levies or charges imposed; and (b) impose additional charges on persons who market broiler hatching eggs in interprovincial or export trade in excess of their authorized quotas.
(2) Levies or charges referred to in paragraph (1)(a) shall be established at levels that are calculated to produce in each year a return to the Agency that is sufficient in amount to defray its administrative and marketing expenses and costs, as
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
estimated by it, for a year and the charges referred to in paragraph (1)(b) shall be a charge on persons for marketings in excess of their authorized quota allotments. (3) The Agency, in estimating its administrative and marketing expenses and costs for a year, may allow for the creation of reserves as the Agency considers appropriate and for any other expenses and costs deemed essential by the Agency for the realization of its objectives.
Interprovincial Pricing 9 The Agency may, by order or regulation, establish a pricing system that will enable the Agency, from time to time, to fix the price at which any variety, class or grade of broiler hatching eggs may (a) in the case of broiler hatching eggs produced in a signatory province, be marketed therefrom in interprovincial or export trade; and (b) in the case of broiler hatching eggs produced in a nonsignatory province, be marketed therefrom into any signatory province for other than export.
Co-operation 10 The Agency shall take all reasonable steps to promote a high degree of co-operation between itself and each Commodity Board and, without limiting the generality of the foregoing, shall (a) make available to each Commodity Board the records, minutes and decisions of the Agency and such other information as may reasonably be required by the Commodity Board for the exercise of its powers and responsibilities; (b) allow an officer or employee of the Commodity Board of a signatory province, who is designated by the Commodity Board of that province for such purpose, to attend meetings of the Agency at which any matter that is of concern to the Commodity Board is likely to be discussed and, where an officer or employee is so designated, the Agency shall give notice of such meetings to the officer or employee; and (c) give notice of each order or regulation that it proposes to make to each Commodity Board that is likely to be affected in its operation by the making of the order or regulation.
Annual Meeting and Review of Marketing Plan 11 (1) The Agency shall hold an annual meeting in each year for the purpose of reviewing the terms of the Plan and the terms of any orders and regulations made under the Act to implement the Plan with a view to determining whether or
Current to June 20, 2022 Last amended on July 5, 2013
Canadian Hatching Egg Producers Proclamation SCHEDULE
not any modifications are required in order to facilitate the carrying out by the Agency of its objects and shall hold such other meetings as it considers necessary or as required by subsection (2). (2) Where the Agency receives, from the Commodity Board for each of at least two provinces, a request for the holding of a meeting, other than the annual meeting, for the purpose referred to in subsection (1), the Agency shall hold such other meeting as soon as is reasonably convenient after receipt of the request.
Current to June 20, 2022 Last amended on July 5, 2013
|
CONSOLIDATION
Canadian Turkey Licensing Regulations
C.R.C., c. 660
Current to June 20, 2022 Last amended on April 21, 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 April 21, 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 April 21, 2017
TABLE OF PROVISIONS Regulations Respecting the Licensing of Persons who are Engaged in the Marketing of Turkeys in Interprovincial or Export Trade
Short Title
Interpretation
General SCHEDULE
Current to June 20, 2022 Last amended on April 21, 2017
ii
CHAPTER 660
FARM PRODUCTS AGENCIES ACT Canadian Turkey Licensing Regulations
Regulations Respecting the Licensing of Persons who are Engaged in the Marketing of Turkeys in Interprovincial or Export Trade
Short Title 1 These Regulations may be cited as the Canadian Turkey Licensing Regulations.
Interpretation 2 In these Regulations,
Agency means the Canadian Turkey Marketing Agency; (Office) consumer means any person who buys turkey for consumption by him or his household; (consommateur) control period means the period set out in the heading of the schedule to the Canadian Turkey Marketing Quota Regulations, 1990; (période réglementée) dealer means any person other than a processor or retailer who buys turkeys for resale; (négociant) hatcheryman means any person engaged in the hatching of turkey eggs; (accouveur) inspector means an inspector appointed pursuant to section 34 of the Act; (inspecteur) licence means (a) a document issued by the Agency to a person certifying that he is a licensee, or (b) a list issued by the Agency to a person containing
his name and the names of other persons and certifying that each person is a licensee; (permis)
Current to June 20, 2022 Last amended on April 21, 2017
Canadian Turkey Licensing Regulations Interpretation Sections 2-3
marketing in relation to turkeys, means selling and offering for sale and buying, pricing, assembling, packing, processing, transporting, storing and reselling, whether in whole or in processed form, and includes marketing by or on behalf of a producer; (commercialisation) processing means changing the nature, size, quality or condition of turkeys by mechanical means or otherwise and includes killing; (transformation) processor means any person engaged in the business of processing turkeys or who packs, markets, grades, offers for sale, sells, stores, or transports the packed, processed or manufactured turkey product; (transformateur) producer means any person engaged in the production of turkeys in Canada; (producteur) producer-vendor means any person who produces and markets, offers for sale, sells or stores all or any portion of the turkeys produced by him; (producteur-vendeur) retailer means any person who sells or offers for sale turkey directly and exclusively to consumers; (détaillant) turkey means any turkey, male or female, live or slaughtered, of any size and includes any part of any turkey. (dindon) SOR/91-250, s. 1; SOR/2017-70, s. 1.
General 3 (1) Subject to section 10, no person shall engage in the
marketing of turkeys in interprovincial or export trade as a producer, producer-vendor, hatcheryman, processor or dealer unless he holds the appropriate licence set out in section 4 and pays to the Agency annually the fee prescribed by that section for that licence. (2) No person shall sell or offer for sale turkey to any person required to be licensed under these Regulations
Current to June 20, 2022 Last amended on April 21, 2017
Canadian Turkey Licensing Regulations General Sections 3-9
unless that person is licensed as required by subsection (1). (3) No person shall buy turkeys from any person required to be licensed under these Regulations unless that person is licensed as required by subsection (1). 4 The types of licences and fees payable therefor are as follows: (a) Producer’s licence .............................................. Nil (b) Producer-Vendor’s licence ............................. $1.00 (c) Processor’s licence ............................................ 1.00 (d) Dealer’s licence ................................................. 1.00 (e) Hatcheryman’s licence ..................................... 1.00 5 Where a person engages in marketing turkeys in more than one of the capacities set out in subsection 3(1) he shall apply to the Agency for a licence in respect of each capacity. 6 Every licence shall be issued in respect of a control period and comes into effect on the first day of the control period and expires on the last day of that control period. SOR/91-250, s. 2.
7 Every licence shall be issued subject to the following
conditions: (a) the licensee shall, within seven days following the last day of each week, forward to the Agency, a report in a form approved by the Agency containing the information specified in the schedule respecting the marketing of turkeys in interprovincial or export trade during that week; (b) the licensee shall permit an inspector to enter his
premises and examine his books, records or other documents in accordance with subsection 35(1) of the Act; and (c) the licensee shall comply with all orders and regulations of the Agency. 8 The Agency may suspend, revoke or refuse to issue a
licence where the applicant or licensee has failed to observe, perform or carry out any condition of the licence. 9 Where the Agency intends to suspend or revoke a licence, the Agency shall give to the licensee by hand delivery or registered mail addressed to him at his address
Current to June 20, 2022 Last amended on April 21, 2017
Canadian Turkey Licensing Regulations General Sections 9-10
recorded in the books of the Agency notice of its intention to suspend or revoke the licence, as the case may be, and such notice shall fix a time of not less than 30 days from the delivery or mailing thereof for the licensee to show cause why the licence should not be suspended or revoked, as the case may be. 10 These Regulations do not apply, in the Province of (a) Nova Scotia, to a producer who markets less than 25 turkeys in a year; (b) New Brunswick, to a producer who markets less
than 26 turkeys in a year; (c) Ontario, to a producer who markets less than
50 turkeys in a year; (d) Manitoba, to any person in any year who, in the year immediately preceding that year, marketed less than 100 turkeys raised by him, until such time in that year as he does market 100 or more turkeys; (e) Saskatchewan, to a producer who markets less
than 100 turkeys in a year; (f) Alberta, to a producer who markets less than 300 turkeys in a year; or (g) British Columbia, to a producer who markets less than 25 turkeys in a year. SOR/82-357, s. 1.
Current to June 20, 2022 Last amended on April 21, 2017
Canadian Turkey Licensing Regulations SCHEDULE
SCHEDULE (Section 7)
Producer Reports 1 Each licensed producer shall provide the Agency with the following information respecting the marketing of turkeys in interprovincial or export trade: (a) names and addresses of all purchasers; and (b) number, total weight, category and condition of turkeys marketed.
Producer-Vendor Reports 2 Each licensed producer-vendor shall provide the Agency with the following information respecting the marketing of turkeys in interprovincial or export trade: (a) names and addresses of all purchasers; (b) number, total weight, category and condition of turkeys marketed; and (c) price and terms of sale of turkeys marketed.
Processor Reports 3 Each licensed processor shall provide the Agency with the following information respecting the marketing of live turkeys in interprovincial or export trade: (a) names and addresses of all producers of turkeys marketed; (b) total weight and category of turkeys marketed; and (c) price and terms of purchase of turkeys marketed.
Dealer Reports 4 No report necessary.
Hatcheryman Reports 5 Each licensed hatcheryman shall provide the Agency with the following information respecting the marketing of turkeys in interprovincial or export trade: (a) names and addresses of all purchasers; and
Current to June 20, 2022 Last amended on April 21, 2017
Canadian Turkey Licensing Regulations SCHEDULE
(b) number, category and sex (if sexed) of turkey poults marketed.
Current to June 20, 2022 Last amended on April 21, 2017
|
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
Order Designating Charlottetown, Prince Edward Island as Head Office of the Veterans Review and Appeal Board
SI/96-66
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 Designating Charlottetown, Prince Edward Island as Head Office of the Veterans Review and Appeal Board
Current to June 20, 2022
ii
Registration SI/96-66 July 24, 1996
VETERANS REVIEW AND APPEAL BOARD ACT
Order Designating Charlottetown, Prince Edward Island as Head Office of the Veterans Review and Appeal Board P.C. 1996-1127
July 10, 1996
His Excellency the Governor General in Council, on the recommendation of the Minister of Veterans Affairs, pursuant to section 12 of the Veterans Review and Appeal Board Acta, hereby repeals Orders in Council P.C. 1985-1422 of April 25, 1985b and P.C. 1987-1568 of July 30, 1987c and designates Charlottetown, Prince Edward Island, as the head office of the Veterans Review and Appeal Board.
a
S.C. 1995, c. 18
b
SI/85-81
c
SI/87-155
Current to June 20, 2022
|
CONSOLIDATION
Controlled Drugs and Substances Act (Police Enforcement) Regulations
SOR/97-234
Current to June 20, 2022 Last amended on October 25, 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 October 25, 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 October 25, 2007
TABLE OF PROVISIONS Controlled Drugs and Substances Act (Police Enforcement) Regulations
Interpretation 1
Definitions
Designations of Police Forces 2
Authority to designate
General Exemption Sections 5, 6 or 7 of the Act 3
Street drugs
Direction and control
RCMP notification
Section 5 of the Act — Holding Out 5.1
Holding out
5.2
Direction and control
Subsection 4(2) of the Act 6
Double-doctoring
Direction and control
Provisions of the Precursor Control Regulations 7.1
Member of police force
7.2
Direction and control
Exemption with Certificate Section 5 of the Act — Trafficking 8
State drugs
Direction and control
Section 6 of the Act — Importation or Exportation 10
Controlled deliveries
State drugs
Direction and control
Current to June 20, 2022 Last amended on October 25, 2007
ii
Controlled Drugs and Substances (Police Enforcement) Regulations TABLE OF PROVISIONS
Section 7 of the Act — Production 13
State drugs
Direction and control
Section 5 or 7 of the Act in Respect of Offering to Engage 15
Offering to engage
Direction and control
Certificate 17
Information in certificate
Revocation of Certificate 18
Revocation
Other General Exemptions 19
Conspiracy
Direction and control
Detention of Forfeited Substances 21
Forfeited substances
Reports 22
Annual report
Report of substances no longer in possession
Transitional Provision 24
Transitional
Coming into Force *25
Coming into force
Current to June 20, 2022 Last amended on October 25, 2007
iv
Registration SOR/97-234 April 22, 1997
CONTROLLED DRUGS AND SUBSTANCES ACT
Controlled Drugs and Substances Enforcement) Regulations P.C. 1997-632
Act
(Police
April 22, 1997
His Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to subsection 55(2) of the Controlled Drugs and Substances Acta, hereby makes the annexed Controlled Drugs and Substances Act (Police Enforcement) Regulations.
a
S.C. 1996, c. 19
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances Act (Police Enforcement) Regulations
Interpretation Definitions 1 The definitions in this section apply in these Regulations. Act means the Controlled Drugs and Substances Act. (Loi) appropriate police officer means (a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement; and (b) in the case of any other police force, the member of the police force who is the most senior officer responsible for operations. (agent de police compétent)
chief means, in respect of a police force other than the RCMP, the senior police officer in charge of the police force. (chef) particular investigation means a primary investigation conducted under the Act or any other Act of Parliament and includes any investigation that arises from the primary investigation. (enquête particulière). (enquête particulière) police force means a police force that is designated pursuant to section 2. (corps policier) proceeding means a preliminary inquiry, trial or other proceeding under the Act or any other Act of Parliament. (procédure) provincial minister means the provincial minister responsible for policing in a province. (ministre provincial) RCMP means the Royal Canadian Mounted Police. (GRC) SOR/2005-72, ss. 1, 16(F).
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Designations of Police Forces Sections 2-5
Designations of Police Forces Authority to designate 2 The Solicitor General of Canada and every provincial
minister are hereby authorized to designate any police force within the jurisdiction of the Solicitor General or the provincial minister, as the case may be, for the purposes of any or all provisions of these Regulations.
General Exemption Sections 5, 6 or 7 of the Act Street drugs 3 A member of a police force is exempt from the application of section 5, 6 or 7 of the Act, as applicable, where the member engages or attempts to engage in conduct referred to in any of those sections that involves a substance other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the member has come into possession during a particular investigation, if the member (a) is an active member of the police force; and (b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation. SOR/2005-72, s. 17(F).
Direction and control 4 A person is exempt from the application of section 5, 6 or 7 of the Act, as applicable, where the person engages or attempts to engage in conduct referred to in any of those sections that involves a substance, other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the person has come into possession, if the person (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 3(a) and (b); and (b) acts to assist the member referred to in paragraph
(a) in the course of the particular investigation. SOR/2005-72, s. 2.
RCMP notification 5 A member who is exempt, under section 3 of these Regulations, from the application of section 6 of the Act shall notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of a substance by the member in accordance with section 3 of these
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations General Exemption Sections 5, 6 or 7 of the Act Sections 5-6
Regulations, or by a person under the member's direction or control pursuant to section 4 of these Regulations, before the substance is imported or exported or, if it is not practicable to do so before the substance is imported or exported, as soon as practicable after that time. SOR/2005-72, s. 3.
Section 5 of the Act — Holding Out Holding out 5.1 A member of a police force who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in Schedule I, II, III or IV of the Act is exempt from the application of that section if the member (a) is an active member of the police force; and (b) is acting in the course of the member's responsibilities for the purposes of a particular investigation. SOR/2005-72, s. 3.
Direction and control 5.2 A person who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in Schedule I, II, III or IV of the Act is exempt from the application of that section if the person (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 5.1(a) and (b); and (b) acts to assist the member referred to in paragraph
(a) in the course of the particular investigation. SOR/2005-72, s. 3.
Subsection 4(2) of the Act Double-doctoring 6 A member of a police force is exempt from the application of subsection 4(2) of the Act where the member engages or attempts to engage in conduct referred to in that subsection, if the member (a) is an active member of the police force; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. SOR/2005-72, s. 17(F).
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations General Exemption Subsection 4(2) of the Act Sections 7-8
Direction and control 7 A person is exempt from the application of subsection 4(2) of the Act where the person engages or attempts to engage in conduct referred to in that subsection, if the person (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 6(a) and (b); and (b) acts to assist the member referred to in paragraph
(a) in the course of the particular investigation. SOR/2005-72, s. 4.
Provisions of the Precursor Control Regulations Member of police force 7.1 A member of a police force is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the member engages or attempts to engage in conduct referred to in any of those provisions and (a) is an active member of the police force; and (b) is acting in the course of the member's responsibilities for the purposes of a particular investigation. SOR/2005-72, s. 5.
Direction and control 7.2 A person is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the person engages or attempts to engage in conduct referred to in any of those provisions and the person acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 7.1(a) and (b). SOR/2005-72, s. 5.
Exemption with Certificate Section 5 of the Act — Trafficking State drugs 8 (1) Subject to section 15, a member of a police force is
exempt from the application of section 5 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Exemption with Certificate Section 5 of the Act — Trafficking Sections 8-11
accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the member has been issued a certificate. Conditions for issuing certificate (2) The appropriate police officer may issue a certificate
for a period not exceeding six months for the purposes of subsection (1) to a member of a police force where the member (a) is an active member of the police force; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. SOR/2005-72, s. 17(F).
Direction and control 9 Subject to section 16, a person is exempt from the application of section 5 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the person (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 8(2)(a) and (b); and (b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation. SOR/2005-72, s. 6.
Section 6 of the Act — Importation or Exportation Controlled deliveries 10 For the purposes of subsection 11(1) and section 12, a
substance requested of and obtained directly from a foreign state does not include a substance that has, for the purpose of identifying any person involved in the commission of an offence under the Act or any other Act of Parliament or a conspiracy to commit such an offence, been allowed to pass out of or through a foreign state, with the knowledge and under the supervision of that state's competent authorities. SOR/2005-72, s. 7.
State drugs 11 (1) A member of a police force is exempt from the
application of section 6 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Exemption with Certificate Section 6 of the Act — Importation or Exportation Sections 11-13
section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the member has been issued a certificate. Conditions for issuing certificate (2) The Assistant Commissioner of the RCMP in charge
of drug enforcement may issue a certificate for a period not exceeding six months for the purposes of subsection (1) where the member (a) is an active member of the police force; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation in which the RCMP participates. SOR/2005-72, ss. 16(F), 17(F).
Direction and control 12 A person is exempt from the application of section 6
of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the person (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 11(2)(a) and (b); and (b) acts to assist the member referred to in paragraph
(a) in the course of the particular investigation. SOR/2005-72, s. 8.
Section 7 of the Act — Production State drugs 13 (1) Subject to section 15, a member of a police force
is exempt from the application of section 7 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the member has been issued a certificate. Conditions for issuing certificate (2) The appropriate police officer may issue a certificate
for a period not exceeding one year for the purposes of subsection (1) to a member of a police force where the member (a) is an active member of the police force; and
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Exemption with Certificate Section 7 of the Act — Production Sections 13-16
(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. SOR/2005-72, s. 17(F).
Direction and control 14 Subject to section 16, a person is exempt from the application of section 7 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the person (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 13(2)(a) and (b); and (b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation. SOR/2007-228, s. 1.
Section 5 or 7 of the Act in Respect of Offering to Engage Offering to engage 15 A member of a police force who engages in conduct
referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the member (a) is an active member of the police force; and (b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation. SOR/2005-72, ss. 9(F), 17(F).
Direction and control 16 A person who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the person (a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 15(a) and (b); and (b) acts to assist the member referred to in paragraph
(a) in the course of the particular investigation. SOR/2005-72, s. 10.
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Certificate Sections 17-19
Certificate Information in certificate 17 A certificate issued under section 8, 11 or 13 shall
identify the member of the police force to which it applies, the duration of the exemption and the particular investigation to which it relates.
Revocation of Certificate Revocation 18 (1) A certificate issued under section 8, 11 or 13 is revoked on the earliest of (a) the date on which the appropriate police officer
who issued the certificate revokes it, (b) the date on which the member to whom it was issued is no longer an active member of the police force, (c) the date on which the member to whom it was issued is no longer acting in the course of the member’s responsibilities for the purposes of the particular investigation to which the certificate relates, (d) the date on which the particular investigation to
which the certificate relates has been completed, or (e) the date on which the certificate expires.
Notice (2) The appropriate police officer shall notify the member to whom a certificate was issued of the revocation on the day on which the certificate is revoked pursuant to paragraph (1)(a), (c) or (d). SOR/2005-72, s. 17(F).
Other General Exemptions 18.1 and 18.2 [Repealed, SOR/2005-72, s. 11]
Conspiracy 19 A member of a police force is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the member (a) is an active member of the police force;
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Other General Exemptions Sections 19-21
(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; and (c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act. SOR/97-281, s. 1; SOR/2005-72, ss. 12, 17(F).
Direction and control 20 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the person (a) acts under the direction and control of a member of a police force who (i) is an active member of the police force, and (ii) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; (b) acts to assist the member in the course of the particular investigation; and (c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act. SOR/97-281, s. 1; SOR/2005-72, ss. 13, 17(F).
Detention of Forfeited Substances Forfeited substances 21 (1) The chief or appropriate officer shall, as soon as
practicable but not later than 60 days after a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized, where the controlled substance or precursor is required for the purposes of conducting investigations under the Act or any other Act of Parliament, inform the Minister in writing of that requirement. Secure location (2) Every controlled substance or precursor referred to in subsection (1) shall be kept in a secure location while
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Detention of Forfeited Substances Section 21
not being used for the purposes of conducting investigations under the Act or any other Act of Parliament. Transfer (3) The chief or appropriate police officer of a police
force is exempt from the application of section 5 of the Act if that person transfers any controlled substance or precursor referred to in subsection (1) to the chief or appropriate police officer of another police force and if the chief or appropriate police officer of that other police force requests the transfer for the purposes of a particular investigation. Inform Minister (4) Where a transfer is conducted pursuant to subsection
(3), the chief or appropriate police officer who (a) makes the transfer shall inform the Minister of the transfer, as soon as practicable after the request for the transfer has been received; and (b) receives the controlled substance or precursor shall inform the Minister of its receipt, as soon as practicable after the receipt.
Directions (5) If a controlled substance or precursor referred to in
subsection (1) is no longer required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall seek the directions of the Minister and dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions. Substances not required (6) If a forfeited controlled substance or precursor is no
longer required for the proceeding in respect of which it was seized and is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall, as soon as practicable, (a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the controlled substance or precursor, unless the Minister has previously given such directions; and (b) dispose of or otherwise deal with the controlled
substance or precursor in accordance with the Minister's directions. SOR/2005-72, s. 14.
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Reports Section 22
Reports Annual report 22 (1) The chief or appropriate police officer shall submit to the Solicitor General of Canada and to the Minister, within three months after the end of every calendar year, a report in written or electronic format containing the information set out in subsection (3), in respect of each of the following controlled substances or precursors that came into the possession of the police force in the course of a particular investigation completed during the calendar year, namely, (a) a controlled substance or precursor imported or exported in accordance with section 11; (b) a controlled substance produced in accordance with section 13; and (c) a forfeited controlled substance or precursor referred to in section 21. Copy of report (2) The chief or appropriate police officer of a police
force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force. Contents of report (3) The report shall indicate the name and total quantity
of each controlled substance or precursor and the quantity, in respect of each controlled substance or precursor, that was forfeited, imported, exported, produced or destroyed, as applicable. Additional report (4) The chief or appropriate police officer of a police
force shall also submit, on request, a report in written or electronic format to the Minister respecting the controlled substances or precursors referred to in subsection (1) as required for the following purposes: (a) to ensure the protection of the public against potential public health risks caused by the potential misuse or diversion of those substances; (b) to collect data required for studies and research; (c) to meet international obligations of the Government of Canada; and (d) for compliance with these Regulations.
Current to June 20, 2022 Last amended on October 25, 2007
Controlled Drugs and Substances (Police Enforcement) Regulations Reports Sections 23-25
Report of substances no longer in possession 23 (1) The chief or appropriate police officer shall submit a report in written or electronic format to the Solicitor General of Canada and the Minister containing the information required by subsection (3), respecting every controlled substance or precursor referred to in subsection 21(1) that is lost, stolen or otherwise no longer in the possession of the police force, as soon as practicable after the substance is lost, stolen or no longer in the possession of the police force. Copy of report (2) The chief or appropriate police officer of a police
force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force. Contents of report (3) The report shall include the following information: (a) the name and quantity of each controlled substance or precursor; (b) the date of forfeiture, importation or exportation
of each controlled substance or precursor, or the production of each controlled substance, as applicable; and (c) the date on which and an explanation of the circumstances in which the controlled substance or precursor was lost or stolen or ceased to be in the possession of the police force. SOR/2005-72, s. 15.
Transitional Provision Transitional 24 These Regulations apply in respect of every
controlled substance or precursor that was forfeited to Her Majesty before the coming into force of these Regulations and that is in the possession of a police force, except that, in respect of subsection 21(1), the reference to 60 days shall be read as a reference to 120 days after the coming into force of these Regulations.
Coming into Force Coming into force 25 These Regulations come into force on the date on which the Controlled Drugs and Substances Act comes into force. *
*
[Note: Regulations in force May 14, 1997, see SI/97-47.]
Current to June 20, 2022 Last amended on October 25, 2007
|
CONSOLIDATION
CCRFTA Rules of Origin Regulations
SOR/2002-395
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 CCRFTA Rules of Origin Regulations 1
PART 1
Interpretation 2
PART 2
Originating Goods 2
General
De Minimis
PART 3
Regional Value Content 5
PART 4
Materials 5
General
PART 5
Other Provisions 6
Accumulation
Transshipment
Non-qualifying Operations
*9
PART 6
Coming into Force SCHEDULE I
Specific Rules of Origin SCHEDULE II
Inventory Management Methods
Current to June 20, 2022
ii
Registration SOR/2002-395
October 31, 2002
CUSTOMS TARIFF CCRFTA Rules of Origin Regulations P.C. 2002-1859
October 31, 2002
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 16(2)(a)a of the Customs Tariffb, hereby makes the annexed CCRFTA Rules of Origin Regulations.
a
S.C. 2001, c. 28, ss. 34(1)
b
S.C. 1997, c. 36
Current to June 20, 2022
CCRFTA Rules of Origin Regulations
PART 1
Interpretation 1 (1) The following definitions apply in these Regulations. Agreement means the Canada — Costa Rica Free Trade Agreement. (Accord) CCRFTA country means Canada or Costa Rica. (pays ALÉCCR) Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 set out in Annex 1A of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations. (Accord sur la valeur en douane) excluded costs means sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs and non-allowable interest costs. (coûts exclus) fungible goods means goods that are interchangeable for commercial purposes and the properties of which are essentially identical. (produits fongibles) fungible materials means materials that are interchangeable for commercial purposes and the properties of which are essentially identical. (matières fongibles) identical goods means, with respect to a good, goods that (a) are the same as that good in all respects, including
physical characteristics, quality and reputation but excluding minor differences in appearance; (b) were produced in the same country as that good;
and (c) were produced (i) by the producer of that good, or (ii) by another producer, where no goods that satisfy the requirements of paragraphs (a) and (b) were produced by the producer of that good. (produits identiques)
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 1 Interpretation Section 1
indirect material means a good used in the production, testing or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, and includes (a) fuel and energy; (b) tools, dies and moulds; (c) spare parts and materials used in the maintenance of equipment and buildings; (d) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; (e) gloves, glasses, footwear, clothing, safety equipment and supplies; (f) equipment, devices and supplies used for testing or
inspecting the other goods; (g) catalysts and solvents; and (h) any other goods that are not incorporated into the
good but the use of which in the production of the good can reasonably be demonstrated to be part of that production. (matière indirecte) intermediate material means a material that is produced by a producer of a good and is used in the production of that good. (matière intermédiaire) material means a good that is used in the production of another good, and includes a part or ingredient. (matière) net cost means the total cost minus sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost. (coût net) net cost of a good means the net cost that can be reasonably allocated to a good using one of the methods set out in subsection 4(6). (coût net d’un produit) non-allowable interest costs means interest costs incurred by a producer that are more than 700 basis points above the applicable national government interest rate identified for comparable maturities. (frais d’intérêt non admissibles) non-originating good means a good that does not qualify as originating under these Regulations. (produit non originaire)
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 1 Interpretation Section 1
non-originating material means a material that does not qualify as originating under these Regulations. (matière non originaire) originating good means a good that qualifies as originating under these Regulations. (produit originaire) originating material means a material that qualifies as originating under these Regulations. (matière originaire) producer means a person who grows, mines, harvests, fishes, hunts, manufactures, processes or assembles a good. (producteur) production means growing, mining, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling a good. (production) royalties means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use or right to use any copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, secret formula or process, excluding those payments under technical assistance or similar agreements that can be related to specific services such as (a) personnel training, without regard to where performed; and (b) if performed in the territory of one or both of the
CCRFTA countries, engineering, tooling, die-setting, software design and similar computer services, or other services. (redevances) sales promotion, marketing and after-sales service costs, means the following costs related to sales promotion, marketing and after-sales service: (a) sales and marketing promotion, media advertising, advertising and market research, promotional and demonstration materials, exhibits, sales conferences, trade shows and conventions; banners, marketing displays, free samples, sales, marketing and after-sales service literature (product brochures, catalogues, technical literature, price lists, service manuals, sales aid information), establishment and protection of logos and trademarks, sponsorships, wholesale and retail restocking charges, entertainment; (b) sales and marketing incentives, consumer, retailer or wholesaler rebates; merchandise incentives; (c) salaries and wages, sales commissions, bonuses, benefits (for example, medical, insurance, pension),
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 1 Interpretation Section 1
travelling and living expenses, membership and professional fees, for sales promotion, marketing and after-sales service personnel; (d) recruiting and training of sales promotion, marketing and after-sales service personnel, and aftersales training of customers’ employees, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer; (e) product liability insurance; (f) office supplies for sales promotion, marketing and
after-sales service of goods, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer; (g) telephone, mail and other communications, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer; (h) rent and depreciation of sales promotion, marketing and after-sales service offices and distribution centres; (i) property insurance premiums, taxes, cost of utilities, and repair and maintenance of sales promotion, marketing and after-sales service offices and distribution centres, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer; and (j) payments by the producer to other persons for warranty repairs. (frais de promotion des ventes, de commercialisation et de service après-vente)
shipping and packing costs means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding the costs of preparing and packaging the good for retail sale. (frais d’expédition et d’emballage) similar goods means with respect to a good, goods that (a) although not alike in all respects to that good, have similar characteristics and component materials that enable the goods to perform the same functions and to be commercially interchangeable with that good; (b) were produced in the same country as that good;
and (c) were produced
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 1 Interpretation Section 1
(i) by the producer of that good, or (ii) by another producer, where no goods that satisfy the requirements of paragraphs (a) and (b) were produced by the producer of that good. (produits similaires) tariff provision means a heading or subheading. (poste tarifaire) territory has the meaning assigned in subsection 2(1) of the Canada — Costa Rica Free Trade Implementation Act. (territoire) total cost means the total of all product costs, period costs and other costs incurred in the territory of one or both of the CCRFTA countries. (coût total) transaction value means (a) the price actually paid or payable for a good or material with respect to a transaction of the producer of the good, adjusted in accordance with the principles of paragraphs 1, 3 and 4 of Article 8 of the Customs Valuation Agreement, regardless of whether the good or material is sold for export; or (b) where there is no transaction value or the transaction value is unacceptable under Article 1 of the Customs Valuation Agreement, the value determined in accordance with Articles 2 through 7 of the Customs Valuation Agreement. (valeur transactionnelle) used means used or consumed in the production of a good. (utilisé)
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 1 Interpretation Sections 1-2
(2) In these Regulations, (a) chapter, unless otherwise indicated, refers to a
chapter of the Harmonized System; (b) heading refers to any four-digit number in the Harmonized System; and (c) subheading refers to any six-digit number in the
Harmonized System. (3) For purposes of applying the Customs Valuation
Agreement under these Regulations, the principles of the Customs Valuation Agreement shall apply to domestic transactions, with such modifications as the circumstances may require. (4) All costs referred to in these Regulations shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the CCRFTA country in which the good is produced.
PART 2
Originating Goods General 2 (1) Except as otherwise provided in these Regulations,
a good originates in the territory of a CCRFTA country where the good is (a) a mineral good or other non-living natural resource extracted in or taken from the territory of one or both of the CCRFTA countries; (b) a vegetable harvested in the territory of one or
both of the CCRFTA countries; (c) a live animal born and raised entirely in the territory of one or both of the CCRFTA countries; (d) a good obtained from a live animal in the territory
of one or both of the CCRFTA countries; (e) a good obtained from hunting or fishing in the territory of one or both of the CCRFTA countries; (f) fish, shellfish or other marine life taken from the
sea, seabed or subsoil outside the territory of one or both of the CCRFTA countries by a vessel registered,
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 2 Originating Goods General Section 2
recorded or listed with a CCRFTA country, or leased by a company established in the territory of a CCRFTA country, and entitled to fly its flag, or by a vessel not exceeding 15 tons gross tonnage that is licensed by a CCRFTA country; (g) a good produced on board a factory ship from a good referred to in paragraph (f), if the factory ship is registered, recorded or listed with a CCRFTA country, or leased by a company established in the territory of a CCRFTA country, and entitled to fly its flag; (h) a good, other than fish, shellfish or other marine life, taken or extracted from the seabed or the subsoil of the continental shelf or the exclusive economic zone of either of the CCRFTA countries; (i) a good, other than fish, shellfish or other marine life, taken or extracted from the seabed or the subsoil, in the area outside the continental shelf and the exclusive economic zone of either of the CCRFTA countries or of any other State as defined in the United Nations Convention on the Law of the Sea, by a vessel registered, recorded or listed with a CCRFTA country and entitled to fly its flag, or by a CCRFTA country or person from a CCRFTA country; (j) a good taken from outer space, where the good is
obtained by a CCRFTA country or a person of a CCRFTA country and is not processed outside the territories of the CCRFTA countries; (k) waste and scrap derived from (i) production in the territory of one or both of the
CCRFTA countries, or (ii) waste and scrap derived from used goods collected in the territory of one or both of the CCRFTA countries, where that waste and scrap is fit only for the recovery of raw materials; or (l) a good produced in the territory of one or both of
the CCRFTA countries exclusively from a good referred to in any of paragraphs (a) through (k), or from the derivatives of such a good, at any stage of production.
(2) A good originates in the territory of a CCRFTA country if each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification as a result of production that
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 2 Originating Goods General Section 2
occurs entirely in the territory of one or both of the CCRFTA countries and if the applicable rule in Schedule I for the tariff provision under which the good is classified specifies (a) only a change in tariff classification, and the good
satisfies all other applicable requirements of these Regulations; or (b) both a change in tariff classification and a regional value-content requirement and the good satisfies all other applicable requirements of these Regulations. (3) A good originates in the territory of a CCRFTA country where the good is produced entirely in the territory of one or both of the CCRFTA countries exclusively from originating materials. (4) A good originates in the territory of a CCRFTA country where, except in the case of a good of any of Chapter 39 or Chapters 50 through 63, (a) the good is produced entirely in the territory of
one or both of the CCRFTA countries; (b) one or more of the non-originating materials used
in the production of the good do not undergo an applicable change in tariff classification because both the good and the non-originating materials are classified in the same subheading, or heading that is not further subdivided into subheadings; (c) each of the non-originating materials that is used in the production of the good and is not referred to in subparagraph (b) undergoes an applicable change in tariff classification or satisfies any other applicable requirement set out in Schedule I; (d) the regional value content of the good, calculated
in accordance with section 4, is not less than 35 per cent where the transaction value method is used, or is not less than 25 per cent where the net cost method is used, unless the applicable rule in Schedule I for the tariff provision under which the good is classified specifies a different regional value-content requirement, in which case that regional value-content requirement shall apply; and (e) the good satisfies all other applicable requirements of these Regulations. (5) For purposes of paragraph (4)(b), the determination
of whether a heading or subheading for both a good and the materials that are used in the production of the good shall be made on the basis of the nomenclature of the heading or subheading and the relevant Section of
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 2 Originating Goods General Sections 2-3
Chapter Notes in accordance with the General Rules for the Interpretation of the Harmonized System.
De Minimis 3 (1) A good shall be considered to originate in the territory of a CCRFTA country where the value of all nonoriginating materials that are used in the production of the good and that do not undergo an applicable change in tariff classification as a result of production occurring entirely in the territory of one or both of the CCRFTA countries is not more than 10 per cent of the transaction value of the good, adjusted to an F.O.B. basis, provided that (a) if the good is subject to a regional value-content
requirement, the value of those non-originating materials shall be taken into account in calculating the regional value content of the good; and (b) the good satisfies all other applicable requirements of these Regulations. (2) Except as provided in Schedule I, subsection (1) does
not apply to a non-originating material that is used in the production of a good of any of Chapters 1 through 21, unless the non-originating material is of a different subheading than the good for which origin is being determined under this section. (3) A good of any of Chapters 50 through 63 that does not originate in the territory of a CCRFTA country because certain fibres or yarns that are used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification as a result of production occurring entirely in the territory of one or both of the CCRFTA countries shall be considered to originate in the territory of a CCRFTA country if (a) the total weight of all those fibres or yarns is not
more than 10 per cent of the total weight of that component; and (b) the good satisfies all other applicable requirements of these Regulations. (4) For purposes of subsection (3), (a) the component of a good that determines the tariff classification of that good shall be identified in accordance with the General Rules for the Interpretation of the Harmonized System; and
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 2 Originating Goods De Minimis Sections 3-4
(b) where the component of the good that determines
the tariff classification of the good is a blend of two or more yarns or fibres, all yarns and fibres used in the production of the component shall be taken into account in determining the weight of fibres and yarns in that component.
PART 3
Regional Value Content 4 (1) Except as provided in subsections (2) and (3), the
regional value content of a good shall be calculated on the basis of the following transaction value method: RVC = TV −TVVNM × 100
where
is the regional value content of the good, expressed as a percentage;
RVC TV
is the transaction value of the good, adjusted to an F.O.B. basis; and is the value of non-originating materials used by the producer in the production of the good, determined in accordance with section 5.
VNM
(2) For an automotive good of headings 87.01 through
87.02, subheadings 8703.21 through 8703.90 or headings 87.04 through 87.08, the regional value content shall be calculated on the basis of the following net cost method: RVC = TV −TVVNM × 100
where RVC NC VNM
is the regional value content of the good, expressed as a percentage; is the net cost of the good calculated in accordance with subsection (6); and is the value of non-originating materials used by the producer in the production of the good, determined in accordance with section 5.
(3) For an automotive good of subheadings 8407.31
through 8407.34 or subheading 8703.10, the regional value content of a good shall be calculated, at the choice of the exporter or producer of the good, on the basis of either the transaction value method set out in subsection (1) or the net cost method set out in subsection (2). (4) For purposes of calculating the regional value content of a good under subsection (1) or (2), the value of
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 3 Regional Value Content Sections 4-5
non-originating materials used by a producer in the production of the good shall not include (a) the value of any non-originating materials used by
another producer in the production of originating materials that are subsequently acquired and used by the producer of the good in the production of that good; or (b) the value of any non-originating materials used by
the producer in the production of an originating intermediate material. (5) For purposes of subsection (4), where an originating
intermediate material is used by the producer of the good with non-originating materials (whether or not those non-originating materials are produced by that producer) in the production of the good, the value of those nonoriginating materials shall be included in the value of non-originating materials. (6) For purposes of subsection (2), the net cost of a good may be calculated, at the choice of the producer of the good, by (a) calculating the total cost incurred with respect to
all goods produced by that producer, subtracting any excluded costs that are included in that total cost and reasonably allocating the remainder to the good; (b) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating that total cost to the good and subtracting any excluded costs that are included in the amount allocated to that good; or (c) reasonably allocating each cost that forms part of the total cost incurred with respect to the good so that the aggregate of those costs does not include any excluded costs. (7) For purposes of calculating net cost under subsection
(6), excluded costs that are included in the value of a material that is used in the production of the good shall not be subtracted from or otherwise excluded from the total cost.
PART 4
Materials General 5 (1) Except in the case of intermediate materials, for
purposes of calculating the regional value content of a
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 4 Materials General Section 5
good, the value of a material that is used in the production of the good shall be (a) the transaction value, determined in accordance with Article 1 of the Customs Valuation Agreement; (b) the value determined in accordance with Articles 2
through 7 of the Customs Valuation Agreement, where, with respect to the transaction in which the producer acquired the material, there is no transaction value under, or the transaction value is unacceptable, under Article 1 of the Customs Valuation Agreement. (2) The value of a material referred to in subsection (1)
shall (a) include the costs of freight, insurance and packing
and all other costs incurred in transporting the material to the place of importation if they are not included under paragraph (1)(a) or (b); and (b) in the case of a domestic transaction, be determined in accordance with the principles of the Customs Valuation Agreement in the same manner as an international transaction, with such modifications as the circumstances may require.
Intermediate Materials (3) The value of an intermediate material shall be, at the
choice of the producer of the good, (a) the total cost incurred with respect to all goods
produced by the producer that can be reasonably allocated to that intermediate material; or (b) the sum of all costs that comprise the total cost incurred with respect to that intermediate material that can be reasonably allocated to that intermediate material.
Indirect Materials (4) For purposes of determining whether a good is an originating good, an indirect material that is used in the production of the good shall be considered to be an originating material, regardless of where that indirect material is produced.
Packaging Materials and Containers for Retail Sale (5) Packaging materials and containers in which a good is packaged for retail sale, if classified under the
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 4 Materials General Section 5
Harmonized System with the good that is packaged therein, shall be disregarded for purposes of determining whether all of the non-originating materials used in the production of the good undergo an applicable change in tariff classification. (6) Where packaging materials and containers in which a good is packaged for retail sale are classified under the Harmonized System with the good that is packaged therein and that good is subject to a regional value-content requirement, the value of those packaging materials and containers shall be taken into account as originating materials or non-originating materials, as the case may be, for purposes of calculating the regional value content of the good.
Packing Materials and Containers for Shipment (7) Packing materials and containers in which the good
is packed for shipment shall be disregarded for purposes of determining whether (a) the non-originating materials used in the production of the good undergo an applicable change in tariff classification, and (b) the good satisfies a regional value-content requirement.
Fungible Goods and Fungible Materials (8) For purposes of determining whether a good is an originating good, (a) where originating materials and non-originating
materials that are fungible materials are used in the production of the good, the determination of whether the materials are originating materials may be made on the basis of any of the applicable inventory management methods set out in Schedule 2; and (b) where originating goods and non-originating
goods that are fungible goods are physically combined or mixed in inventory and prior to exportation do not undergo production or any other operation in the territory of the CCRFTA country in which they were physically combined or mixed in inventory, other than unloading, reloading or any other operation necessary to preserve the goods in good condition or to transport the goods for exportation to the territory of the other CCRFTA country, the determination of whether the good is an originating good may be made on the basis
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 4 Materials General Section 5
of any of the applicable inventory management methods set out in Schedule 2.
Sets or Assortments of Goods (9) Except as provided in Schedule 1, a set or assortment, as defined in Rule 3 of the General Rules for the Interpretation of the Harmonized System, shall be considered as originating, provided that: (a) all the component products, including packaging
materials and containers, are originating; or (b) where the set or assortment contains non-originating component products, including packaging materials and containers, (i) at least one of the component products, or all the packaging materials and containers for the set, is originating, and (ii) the regional value content of the set or assortment is not less than 50 per cent under the transaction value method. (10) For purposes of paragraph (9)(b), the value of packaging materials and containers for the set shall be taken into account as originating materials or non-originating materials, as the case may be, for purposes of calculating the regional value content of the set.
Accessories, Spare Parts and Tools (11) Accessories, spare parts or tools that are delivered with a good and form part of the good’s standard accessories, spare parts or tools are originating materials if the good is an originating good, and shall be disregarded for purposes of determining whether all the non-originating materials used in the production of the good undergo an applicable change in tariff classification provided that (a) the accessories, spare parts or tools are not invoiced separately from the good, whether or not each is listed or detailed on the invoice; and (b) the quantities and value of the accessories, spare
parts or tools are customary for the good.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 4 Materials General Sections 5-7
(12) Where a good is subject to a regional value-content
requirement, the value of accessories, spare parts or tools that are delivered with that good and form part of the good’s standard accessories, spare parts or tools shall be taken into account as originating materials or non-originating materials, as the case may be, in calculating the regional value content of the good.
PART 5
Other Provisions Accumulation 6 For purposes of determining whether a good is an originating good, an exporter or producer of a good may choose to accumulate the production, by one or more producers in the territory of one or both of the CCRFTA countries, of materials that are incorporated into that good so that the production of the materials shall be considered to have been performed by that exporter or producer provided that (a) all non-originating materials used in the production of the good undergo the applicable change in tariff classification specified in Schedule 1 and the good satisfies any applicable regional value-content requirement entirely in the territory of one or both of the CCRFTA countries; and (b) the good satisfies all other applicable requirements of these Regulations.
Transshipment 7 A good is not an originating good by reason of having
undergone production that occurs entirely in the territory of one or both of the CCRFTA countries that would enable the good to qualify as an originating good if, subsequent to that production, (a) the good does not remain under customs control
while outside the territories of the CCRFTA countries; (b) the good enters into trade or consumption in the territory of a country other than a CCRFTA country; or (c) the good undergoes further production or any other operation outside the territories of the CCRFTA countries, other than unloading, reloading or any other operation necessary to preserve the good in good condition or to transport the good to the territory of a CCRFTA country.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations PART 5 Other Provisions Non-qualifying Operations Sections 8-9
Non-qualifying Operations 8 Except in the case of sets or as provided in Schedule 1, a good is not an originating good merely by reason of (a) a disassembly of the good into parts; (b) a change in the end use of the good; (c) the mere separation of one or more individual materials or components from an artificial mixture; (d) the mere dilution with water or another substance that does not materially alter the characteristics of the good; (e) the removal of dust or damaged parts from, oiling, or applying anti-rust paint or protective coatings to, the good; (f) any testing or calibration, division of loose shipments, grouping into packages or attaching identifying labels, markings or signs to the good or its packaging; or (g) the packaging or repackaging of the good.
PART 6
Coming into Force 9 These Regulations come into force on the day on which subsection 34(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act, chapter 28 of the Statutes of Canada, 2001, comes into force. *
[Note: Regulations in force November 1, 2002, see SI/ 2002-146.]
*
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SCHEDULE I
Specific Rules of Origin 1 (1) The following definitions apply in this Schedule.
fry means immature fish at a post-larval stage and includes finger
voile means fabric, solely of polyester, of single yarns measuring twisting/in the untwisted state), having 24 filaments per yarn a 5407.61. (voile) (2) For the purposes of this Schedule,
(a) the specific rule or set of rules that applies to a tariff provis
(b) a requirement of a change in tariff classification or any ot nating materials;
(c) a reference to weight in the rules for goods of any of Chap unless otherwise specified in the Harmonized System;
(d) where two or more rules are applicable to a tariff provisio phrase beginning with the words “whether or not”:
(i) the change in tariff classification specified in the phras specified in the first rule applicable to the tariff provision or
(ii) the only change in tariff classification permitted by the specified at the beginning of that rule, is the change specifie
(iii) unless otherwise specified, only the value of non-orig rule shall be included in calculating the regional value conte
(iv) the value of non-originating materials satisfying the with the words “whether or not” shall not be included in cal
SECTION I
Live Animals; Animal Products (Chapters 1 Through 5) Chapter 1
Live Animals
01.01-01.06
A change to headings 01.01 through 01
Chapter 2
Meat and Edible Meat Offal
02.01-02.10
A change to headings 02.01 through 02
Chapter 3
Fish and Crustaceans, Molluscs and Ot
0301.10-0301.99
(1) A change to subheadings 0301.10 t
(2) A change to any one of subheading 03.02-03.03
(1) A change to headings 03.02 throug
(2) A change to headings 03.02 throug
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 3
Fish and Crustaceans, Molluscs and Ot
03.04
(1) A change to heading 03.04 from fry
(2) A change to heading 03.04 from an through 0302.39, 0302.61, 0302.65, 030 or 0303.79. 0305.10-0305.20
A change to subheadings 0305.10 throu
0305.30
A change to subheading 0305.30 from 0302.31 through 0302.39, 0302.61, 0302 0303.75, 0303.77 or 0303.79.
0305.41-0305.42
A change to subheadings 0305.41 throu subheading within that group.
0305.49
A change to subheading 0305.49 from through 0302.39, 0302.61, 0302.65, 030 or 0303.79.
0305.51
A change to subheading 0305.51 from
0305.59
A change to subheading 0305.59 from 0302.31 through 0302.39, 0302.61, 0302 0303.75, 0303.77 or 0303.79.
0305.61-0305.63
A change to subheadings 0305.61 throu subheading within that group.
0305.69
A change to subheading 0305.69 from 0302.31 through 0302.39, 0302.61, 0302 0303.75, 0303.77 or 0303.79.
0306.11-0306.14
A change to subheadings 0306.11 throu
0306.19
A change to subheading 0306.19 from
0306.21-0306.24
(1) A change to subheadings 0306.21 t
(2) A change to market-size crustacean of that subheading. 0306.29
A change to subheading 0306.29 from
0307.10-0307.99
(1) A change to subheadings 0307.10 t
(2) A change to market-size molluscs o through 0307.99 from larvae of that sub Chapter 4
Dairy Produce; Birds’ Eggs; Natural Ho Included
04.01-04.10
A change to headings 04.01 through 04 subheading 1901.90 containing more th
Chapter 5
Products of Animal Origin, Not Elsewh
05.01-05.11
A change to headings 05.01 through 05
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION II
Vegetable Products (Chapters 6 Through 14) Note:
Agricultural and horticultural goods grown in the terri territory of that CCRFTA country even if grown from s imported from a CCRFTA country or a non-CCRFTA co
Chapter 6
Live Trees and Other Plants; Bulbs, Roo
06.01-06.04
A change to headings 06.01 through 06
Chapter 7
Edible Vegetables and Certain Roots a
07.01-07.14
A change to headings 07.01 through 07
Chapter 8
Edible Fruit and Nuts; Peel of Citrus Fru
08.01-08.12
A change to headings 08.01 through 08
0813.10-0813.40
A change to subheadings 0813.10 throu
0813.50
A change to subheading 0813.50 from 0802.90, heading 08.03, subheading 08
08.14
(1) A change to heading 08.14 from an
(2) A change to frozen, dried or provis peel of citrus fruit of heading 08.14, wh Chapter 9
Coffee, Tea, Maté and Spices
09.01
A change to heading 09.01 from any ot
0902.10-0902.40
A change to any one of subheadings 09 subheading, including another subhead
09.03
A change to heading 09.03 from any ot
0904.11-0910.99
A change to any one of subheadings 09 subheading, including another subhead 0908.30 or 0910.10.
Chapter 10
Cereals
10.01-10.08
A change to headings 10.01 through 10
Chapter 11
Products of the Milling Industry; Malt;
11.01-11.03
A change to headings 11.01 through 11
1104.12
A change to subheading 1104.12 from
1104.19-1104.30
(1) A change to rolled or flaked grains any other subheading; or
(2) A change to any other good of sub 11.05-11.07
Current to June 20, 2022
A change to headings 11.05 through 11
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 11
Products of the Milling Industry; Malt;
1108.11-1108.13
A change to subheadings 1108.11 throu
1108.14
A change to subheading 1108.14 from
1108.19-1108.20
A change to subheadings 1108.19 throu
11.09
A change to heading 11.09 from any ot
Chapter 12
Oil Seeds and Oleaginous Fruits; Misce Straw and Fodder
12.01-12.07
A change to headings 12.01 through 12
12.08
A change to heading 12.08 from any ot
12.09-12.14
A change to headings 12.09 through 12
Chapter 13
Lac; Gums, Resins and Other Vegetabl
13.01-13.02
A change to headings 13.01 through 13 straw of subheading 2939.11.
Chapter 14
Vegetable Plaiting Materials; Vegetabl
14.01-14.04
A change to headings 14.01 through 14
SECTION III
Animal or Vegetable Fats and Oils Prepared Edible Fats; Animal or Ve (chapter 15) Chapter 15
Animal or Vegetable Fats and Oils and Vegetable Waxes
15.01-15.12
A change to headings 15.01 through 15
1513.11-1513.19
A change to subheadings 1513.11 throu
1513.21-1513.29
A change to subheadings 1513.21 throu 1207.10.
15.14-15.15
A change to headings 15.14 through 15
1516.10
(1) A change to a good of subheading other heading; or
(2) A change to any other good of subh 1516.20
A change to subheading 1516.20 from a
15.17-15.18
A change to headings 15.17 through 15
15.20-15.22
A change to headings 15.20 through 15
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION IV
Prepared Foodstuffs; Beverages, S Manufactured Tobacco Substitutes (Chapters 16 Through 24) Chapter 16
Preparations of Meat, of Fish or of Crus
16.01-16.02
A change to headings 16.01 through 16 heading 02.07, except from headings 0 other good of heading 02.07.
16.03-16.05
A change to headings 16.03 through 16
Chapter 17
Sugars and Sugar Confectionery
17.01-17.03
A change to headings 17.01 through 17
17.04
A change to heading 17.04 from any ot
Chapter 18
Cocoa and Cocoa Preparations
18.01-18.02
A change to headings 18.01 through 18
18.03
A change to heading 18.03 from any ot
18.04-18.05
A change to headings 18.04 through 18 group, except from heading 18.03.
18.06
A change to heading 18.06 from any ot
Chapter 19
Preparations of Cereals, Flour, Starch o
1901.10
A change to subheading 1901.10 from a
1901.20
(1) A change to subheading 1901.20 fro
(2) A change to mixes and doughs of s butterfat, not put up for retail sale, from 1901.90
(1) A change to subheading 1901.90 fro
(2) A change to dairy preparations of s milk solids from any other chapter, exc 19.02-19.03
A change to headings 19.02 through 19 group.
1904.10-1904.20
A change to subheadings 1904.10 throu
1904.30-1904.90
A change to subheadings 1904.30 throu
19.05
A change to heading 19.05 from an y o
Chapter 20
Preparations of Vegetables, Fruit, Nuts
20.01-20.04
A change to headings 20.01 through 20
2005.10
A change to subheading 2005.10 from a
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 20
Preparations of Vegetables, Fruit, Nuts
2005.20-2005.90
A change to subheadings 2005.20 throu
20.06
A change to heading 20.06 from any ot
2007.10
A change to subheading 2007.10 from a
2007.91-2007.99
A change to subheadings 2007.91 throu
2008.11-2008.19
A change to subheadings 2008.11 throu
2008.20
A change to subheading 2008.20 from a
2008.30-2008.99
A change to subheadings 2008.30 throu
2009.11-2009.90
A change to any one of subheadings 20 subheading, including another subhead
Chapter 21
Miscellaneous Edible Preparations
2101.11-2101.12
A change to subheadings 2101.11 throu
2101.20-2101.30
A change to subheadings 2101.20 throu
2102.10
A change to subheading 2102.10 from w
2102.20-2102.30
A change to subheadings 2102.20 throu
2103.10-2103.20
A change to subheadings 2103.10 throu
2103.30
A change to subheading 2103.30 from w
2103.90
A change to subheading 2103.90 from a
21.04
A change to heading 21.04 from any ot
21.05
A change to heading 21.05 from any ot subheading 1901.90 containing more th
21.06
(1) A change to heading 21.06 from an
(2) A change to concentrated fruit or v 21.06 from any other heading, provided mins;
(3) A change to preparations of headin from any other chapter, except from Ch weight of milk solids of subheading 190
(4) A change to compound preparation cent by volume, of a kind used in the m headings 22.03 through 22.09. Chapter 22
Beverages, Spirits and Vinegar
22.01
A change to heading 22.01 from any ot
2202.10
A change to subheading 2202.10 from a
2202.90
(1) A change to subheading 2202.90 fro
(2) A change to beverages containing j heading 2202.90 from any other headin with minerals or vitamins; or
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 22
Beverages, Spirits and Vinegar
(3) A change to beverages containing m Chapter 4 or dairy preparations of subh solids. 22.03-22.07
A change to headings 22.03 through 22 22.08 through 22.09.
2208.20
A change to subheading 2208.20 from a 22.09.
2208.30
A change to subheading 2208.30 from w total alcoholic volume of the non-origin 10 per cent of the volume of the total a
2208.40
A change to subheading 2208.40 from w total alcoholic volume of the non-origin of the volume of the total alcoholic stre
2208.50-2208.60
A change to any one of subheadings 22 subheading, including another subhead the non-originating materials of headin of the total alcoholic strength of the go
2208.70
A change to subheading 2208.70 from w Chapter 9 or 21, provided that the total 22.03 through 22.09 does not exceed 10
2208.90
A change to subheading 2208.90 from a 22.09.
22.09
A change to heading 22.09 from any ot
Chapter 23
Residues and Waste from the Food Ind
23.01-23.08
A change to headings 23.01 through 23
2309.10
A change to subheading 2309.10 from a
2309.90
(1) A change to preparations used in a solids of subheading 2309.90 from any heading 1901.90 containing more than
(2) A change to any other good of subh 23.04 or 23.06. Chapter 24
Tobacco and Manufactured Tobacco Su
24.01
A change to heading 24.01 from any ot
24.02
A change to heading 24.02 from any ot
24.03
A change to heading 24.03 from any ot
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION V
Mineral Products (Chapters 25 Through 27) Chapter 25
Salt; Sulphur; Earths and Stone; Plaste
25.01-25.30
A change to headings 25.01 through 25
Chapter 26
Ores, Slag and Ash
26.01-26.21
A change to headings 26.01 through 26
Chapter 27
Mineral Fuels, Mineral Oils and Produc
27.01-27.03
A change to headings 27.01 through 27
27.04
A change to heading 27.04 from any ot
27.05-27.09
A change to headings 27.05 through 27
27.10
(1) A change to heading 27.10 from an
(2) A change to a good of heading 27.1 from any other heading, provided that tion, catalytic hydroprocessing (hydroc cracking, isomerization, thermal crackin 27.11-27.16
A change to headings 27.11 through 27 group.
SECTION VI
Products of the Chemical or Allied (Chapters 28 Through 38) Chapter 28
Inorganic Chemicals; Organic or Inorga Radioactive Elements or of Isotopes
2801.10-2803.00
A change to subheadings 2801.10 throu subheading within that group.
2804.10-2804.50
A change to subheadings 2804.10 throu subheading within that group.
2804.61-2804.69
(1) A change to subheadings 2804.61 t
(2) A change to subheadings 2804.61 t whether or not there is also a change fr al value content of not less than 50 per 2804.70-2804.90
A change to subheadings 2804.70 throu subheading within that group.
2805.11-2820.90
A change to subheadings 2805.11 throu subheading within that group.
2821.10-2821.20
(1) A change to subheadings 2821.10 t
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 28
Inorganic Chemicals; Organic or Inorga Radioactive Elements or of Isotopes
(2) A change to subheadings 2821.10 t whether or not there is also a change fr of not less than 50 per cent under the tr 28.22-28.23 2824.10-2824.90
A change to headings 28.22 through 28 group.
(1) A change to subheadings 2824.10 t
(2) A change to subheadings 2824.10 t whether or not there is also a change fr of not less than 50 per cent under the tr 2825.10-2841.90
A change to subheadings 2825.10 throu subheading within that group.
2842.10
(1) A change to double or complex sili 2842.10 from non-chemically defined a
(2) A change to non-chemically defined except from Chapters 29 through 38; or
(3) A change to non-chemically defined silicates, including chemically defined a within Chapters 28 through 38, whethe there is a regional value content of not 2842.90
A change to subheading 2842.90 from a
2843.10-2850.00
A change to subheadings 2843.10 throu subheading within that group.
28.51
A change to heading 28.51 from any ot
Chapter 29
Organic Chemicals
2901.10-2902.90
A change to subheadings 2901.10 throu subheading within that group.
2903.11-2903.14
A change to subheadings 2903.11 throu subheading within that group.
2903.15
(1) A change to subheading 2903.15 fro 29.02; or
(2) A change to subheading 2903.15 fro change from any other subheading, pro under the transaction value method. 2903.19
A change to subheading 2903.19 from a
2903.21
(1) A change to subheading 2903.21 fro 29.02; or
(2) A change to subheading 2903.21 fro change from any other subheading, pro under the transaction value method. 2903.22-2903.29
Current to June 20, 2022
A change to subheadings 2903.22 throu subheading within that group.
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 29
Organic Chemicals
2903.30
(1) A change to subheading 2903.30 fro 29.02; or
(2) A change to subheading 2903.30 fro change from any other subheading, pro under the transaction value method. 2903.41-2903.69
(1) A change to subheadings 2903.41 t heading within that group, except from
(2) A change to subheadings 2903.41 t there is also a change from any other s 2903.41 through 2903.69, provided ther transaction value method. 2904.10-2904.90
(1) A change to subheadings 2904.10 t heading within that group, except from
(2) A change to subheadings 2904.10 t there is also a change from any other s 2904.10 through 2904.90, provided ther transaction value method. 2905.11-2907.29
A change to subheadings 2905.11 throu subheading within that group.
2908.10-2908.90
(1) A change to subheadings 2908.10 t 29.07; or
(2) A change to subheadings 2908.10 t heading 29.07, whether or not there is a value content of not less than 50 per ce 2909.11-2912.60
A change to subheadings 2909.11 throu subheading within that group.
29.13
(1) A change to heading 29.13 from an
(2) A change to heading 29.13 from he heading, provided there is a regional va ue method. 2914.11-2914.70
A change to subheadings 2914.11 throu subheading within that group.
2915.11-2915.21
A change to subheadings 2915.11 throu subheading within that group.
2915.22-2915.29
(1) A change to subheadings 2915.22 t heading within that group, except from
(2) A change to subheadings 2915.22 t also a change from any other subheadi there is a regional value content of not 2915.31-2915.90
(1) A change to subheadings 2915.31 t heading within that group; or
(2) A change to valproic salts of subhe 2916.11-2917.39
A change to subheadings 2916.11 throu subheading within that group.
2918.11-2918.21
A change to subheadings 2918.11 throu subheading within that group.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 29
Organic Chemicals
2918.22-2918.23
(1) A change to subheadings 2918.22 t heading within that group, except from
(2) A change to subheadings 2918.22 t also a change from any other subheadi there is a regional value content of not 2918.29-2918.30
(1) A change to subheadings 2918.29 t heading within that group; or
(2) A change to parabens of subheadin 2918.90
(1) A change to subheading 2918.90 fro 2915.40; or
(2) A change to subheading 2918.90 fro change from any other subheading, pro under the transaction value method. 29.19
A change to heading 29.19 from any ot
2920.10-2920.90
A change to subheadings 2920.10 throu subheading within that group.
2921.11-2921.12
(1) A change to subheadings 2921.11 t 29.01, 29.02, 29.04, 29.16, 29.17 or 29.26
(2) A change to subheadings 2921.11 t including another subheading within th whether or not there is also a change fr of not less than 50 per cent under the tr 2921.19
A change to subheading 2921.19 from a
2921.21-2921.29
(1) A change to subheadings 2921.21 t 29.01, 29.02, 29.04, 29.16, 29.17 or 29.26
(2) A change to subheadings 2921.21 t including another subheading within th whether or not there is also a change fr of not less than 50 per cent under the tr 2921.30
A change to subheading 2921.30 from a
2921.41-2921.59
(1) A change to subheadings 2921.41 t 29.01, 29.02, 29.04, 29.16, 29.17 or 29.26
(2) A change to subheadings 2921.41 t including another subheading within th whether or not there is also a change fr of not less than 50 per cent under the tr 2922.11-2923.90
A change to subheadings 2922.11 throu subheading within that group.
2924.10
A change to subheading 2924.10 from a
2924.21
(1) A change to subheading 2924.21 fro
(2) A change to subheading 2924.21 fro any other subheading, provided there i transaction value method. 2924.23-2924.29
(1) A change to subheadings 2924.23 t from subheading 2917.20; or
(2) A change to subheadings 2924.23 t subheading 2917.20, whether or not the vided there is a regional value content
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 29
Organic Chemicals
2925.11-2928.00
A change to subheadings 2925.11 throu subheading within that group.
2929.10
A change to subheading 2929.10 from a
2929.90
(1) A change to subheading 2929.90 fro
(2) A change to subheading 2929.90 fro other subheading, provided there is a r action value method. 2930.10-2930.90
A change to subheadings 2930.10 throu subheading within that group.
29.31
A change to heading 29.31 from any ot
2932.11-2933.99
A change to subheadings 2932.11 throu subheading within that group.
2934.10-2934.99
(1) A change to subheadings 2934.10 t heading within that group; or
(2) A change to nucleic acids of subhea pounds of subheadings 2934.91 throug 29.35
A change to heading 29.35 from any ot
2936.10-2937.90
A change to any one of subheadings 29 subheading, including another subhead
2938.10-2938.90
(1) A change to subheadings 2938.10 t 29.40; or
(2) A change to subheadings 2938.10 t heading 29.40, whether or not there is a value content of not less than 50 per ce 2939.11
(1) A change to concentrates of poppy from Chapter 13; or
(2) A change to any other good of subh heading, except from subheading 2939 2939.19-2939.99
A change to any one of subheadings 29 subheading, including another subhead
29.40
(1) A change to heading 29.40 from an
(2) A change to heading 29.40 from he heading, provided there is a regional va ue method. 2941.10-2941.90
A change to any one of subheadings 29 subheading, including another subhead
29.42
A change to heading 29.42 from any ot
Chapter 30
Pharmaceutical Products
3001.10-3005.90
A change to any one of subheadings 30 subheading, including another subhead
3006.10-3006.60
A change to any one of subheadings 30 subheading, including another subhead
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 30
Pharmaceutical Products
3006.70
(1) A change to subheading 3006.70 fro
(2) A change to subheading 3006.70 fro from subheading 3006.80, whether or n a regional value content of not less tha 3006.80
A change to subheading 3006.80 from a
Chapter 31
Fertilizers
3101.00-3105.90
A change to any one of subheadings 31 subheading, including another subhead
Chapter 32
Tanning or Dyeing Extracts; Tannins an Paints and Varnishes; Putty and Other
3201.10-3210.00
A change to any one of subheadings 32 subheading, including another subhead
32.11
A change to heading 32.11 from any ot
3212.10-3212.90
A change to subheadings 3212.10 throu subheading within that group.
3213.10
A change to a set of subheading 3213.1
(a) at least one of the component g originating, and
(b) the regional value content of the method. 3213.90
A change to subheading 3213.90 from w
32.14-32.15
A change to headings 32.14 through 32 group.
Chapter 33
Essential Oils and Resinoids; Perfumer
3301.11-3301.90
A change to subheadings 3301.11 throu subheading within that group.
33.02
A change to heading 33.02 from any ot
33.03
(1) A change to heading 33.03 from an
(2) A change to heading 33.03 from su other heading, provided there is a regio value method. 33.04-33.07
A change to heading 33.04 through 33. group.
Chapter 34
Soap, Organic Surface-active Agents, W Prepared Waxes, Polishing or Scouring “Dental Waxes” and Dental Preparatio
3401.11-3401.20
A change to subheadings 3401.11 throu
3401.30
A change to subheading 3401.30 from a
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 34
Soap, Organic Surface-active Agents, W Prepared Waxes, Polishing or Scouring “Dental Waxes” and Dental Preparatio
3402.11
A change to subheading 3402.11 from a linear alkylbenzene sulfonates of subhe
3402.12-3402.19
A change to subheadings 3402.12 throu subheading within that group.
3402.20
A change to subheading 3402.20 from a
3402.90
A change to subheading 3402.90 from a
3403.11-3404.90
A change to subheadings 3403.11 throu subheading within that group.
34.05-34.06
A change to headings 34.05 through 34 group.
34.07
(1) A change to heading 34.07 from an
(2) A change to a set of heading 34.07 from any other heading, provided that:
(a) at least one of the component g originating, and
(b) the regional value content of the method. Chapter 35
Albuminoidal Substances; Modified St
3501.10-3501.90
A change to subheadings 3501.10 throu subheading within that group.
3502.11-3502.19
A change to subheadings 3502.11 throu
3502.20-3502.90
A change to subheadings 3502.20 throu subheading within that group.
35.03-35.04
A change to headings 35.03 through 35 group.
3505.10
A change to subheading 3505.10 from a
3505.20
(1) A change to subheading 3505.20 fro
(2) A change to subheading 3505.20 fro any other subheading, provided there i transaction value method. 35.06
A change to heading 35.06 from any ot
3507.10-3507.90
A change to subheadings 3507.10 throu subheading within that group.
Chapter 36
Explosives; Pyrotechnic Products; Matc
36.01-36.06
A change to headings 36.01 through 36 group.
Chapter 37
Photographic or Cinematographic Goo
37.01-37.02
A change to headings 37.01 through 37
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 37
Photographic or Cinematographic Goo
37.03-37.07
A change to headings 37.03 through 37 group.
Chapter 38
Miscellaneous Chemical Products
3801.10-3802.90
A change to subheadings 3801.10 throu subheading within that group.
38.03-38.04
A change to headings 38.03 through 38 group.
3805.10-3806.90
A change to subheadings 3805.10 throu subheading within that group.
38.07
A change to heading 38.07 from any ot
3808.10-3809.93
A change to subheadings 3808.10 throu subheading within that group.
38.10
A change to heading 38.10 from any ot
3811.11-3811.90
A change to subheadings 3811.11 throu subheading within that group.
38.12-38.14
A change to headings 38.12 through 38 group.
3815.11-3815.90
A change to subheadings 3815.11 throu subheading within that group.
38.16
A change to heading 38.16 from any ot
38.17-38.19
A change to headings 38.17 through 38 group.
38.20
(1) A change to heading 38.20 from an
(2) A change to heading 38.20 from su from any other heading, provided there transaction value method. 38.21-38.22
A change to headings 38.21 through 38 group.
3823.11-3823.70
A change to subheadings 3823.11 throu subheading within that group.
3824.10-3824.20
A change to subheadings 3824.10 throu subheading within that group.
3824.30
(1) A change to subheading 3824.30 fro
(2) A change to subheading 3824.30 fro other subheading, provided there is a r action value method. 3824.40-3824.60
A change to subheadings 3824.40 throu subheading within that group.
3824.71-3824.79
(1) A change to subheadings 3824.71 t through 38; or
(2) A change to subheadings 3824.71 t through 38, including another subhead
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 38
Miscellaneous Chemical Products
any other chapter, provided there is a r action value method. 3824.90
(1) A change to subheading 3824.90 fro
(2) A change to subheading 3824.90 fro or not there is also a change from any o than 30 per cent under the transaction 3825.10-3825.69
A change to subheadings 3825.10 throu through 37, 40 or 90.
3825.90
(1) A change to subheading 3825.90 fro
(2) A change to subheading 3825.90 fro or not there is also a change from any o than 30 per cent under the transaction
SECTION VII
Plastics and Articles Thereof; Rubb (Chapters 39 Through 40) Chapter 39
Plastics and Articles Thereof
39.01-39.19
A change to headings 39.01 through 39 group, provided there is a regional valu method.
3920.10-3921.90
A change to any one of subheadings 39 subheading, including another subhea not less than 50 per cent under the tran
39.22-39.26
A change to headings 39.22 through 39 group, provided there is a regional valu method.
Chapter 40
Rubber and Articles Thereof
40.01-40.04
A change to headings 40.01 through 40 group.
40.05
(1) A change to heading 40.05 from an
(2) A change to heading 40.05 from an change from any other chapter, provid der the transaction value method. 4006.10
(1) A change to subheading 4006.10 fr
(2) A change to subheading 4006.10 fr also a change from any other chapter, cent under the transaction value metho 4006.90
(1) A change to articles of subheading
(2) A change to other forms of subhea
(3) A change to other forms of subhea not there is also a change from any oth than 55 per cent under the transaction
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 40
Rubber and Articles Thereof
40.07-40.17
A change to headings 40.07 through 40 group.
SECTION VIII
Raw Hides and Skins, Leather, Furs Saddlery and Harness; Travel Goo Containers; Articles of Animal Gut (Chapters 41 Through 43) Chapter 41
Raw Hides and Skins (Other Than Furs
41.01
(1) A change to hides or skins of headi process which is reversible from any o
(2) A change to any other good of hea 41.02
(1) A change to hides or skins of headi process which is reversible from any o
(2) A change to any other good of hea 41.03
(1) A change to hides or skins of headi process which is reversible from any o
(2) A change to any other good of hea 4104.11-4104.19
A change to subheadings 4104.11 throu heading 41.01 which have undergone a
4104.41-4104.49
(1) A change to subheadings 4104.41 t of heading 41.01 which have undergon
(2) A change to subheadings 4104.41 t of subheadings 4104.11 through 4104.1 provided there is a regional value cont 41.05
A change to heading 41.05 from headin 41.05 or any other chapter.
41.06
A change to heading 41.06 from headin 41.06 or any other chapter.
41.07
(1) A change to heading 41.07 from he heading 41.01 which have undergone a
(2) A change to heading 41.07 from hid cluding pre-tanning) process which is r ing 41.04, whether or not there is also a ter, provided there is a regional value c method. 41.12
A change to heading 41.12 from headin 41.05 or any other chapter.
41.13
A change to heading 41.13 from headin 41.06 or any other chapter.
4114.10
A change to subheading 4114.10 from
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 41
Raw Hides and Skins (Other Than Furs
4114.20
A change to subheading 4114.20 from through 41.13 that has been retanned o
4115.10-4115.20
A change to subheadings 4115.10 throu subheading within that group.
Chapter 42
Articles of Leather; Saddlery and Harne Animal Gut (Other Than Silk-worm Gu
42.01-42.06
A change to headings 42.01 through 42 group.
Chapter 43
Furskins and Artificial Fur; Manufactur
43.01-43.04
A change to headings 43.01 through 43 group.
SECTION IX
Wood and Articles of Wood; Wood Cork; Manufactures of Straw, of Es Materials; Basketware and Wickerw (Chapters 44 Through 46) Chapter 44
Wood and Articles of Wood; Wood Cha
44.01-44.06
A change to headings 44.01 through 44 group.
44.07
A change to heading 44.07 from any ot
44.08
(1) A change to sheets for veneering, o er good of heading 44.08 or any other h
(2) A change to any other good of hea 44.09-44.21
A change to headings 44.09 through 44 group.
Chapter 45
Cork and Articles of Cork
45.01-45.04
A change to headings 45.01 through 45 group.
Chapter 46
Manufactures of Straw, of Esparto or o
46.01-46.02
A change to headings 46.01 through 46 group.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION X
Pulp of Wood or of other Fibrous C (Waste and Scrap) Paper or Paperb Articles Thereof (Chapters 47 Through 49) Chapter 47
Pulp of Wood or of Other Fibrous Cellu
47.01-47.07
A change to headings 47.01 through 47 group.
Chapter 48
Paper and Paperboard; Articles of Pape
48.01
A change to heading 48.01 from any ot
48.02
(1) A change to paper or paperboard i (including square) sheets with the larg ceeding 15 cm in the unfolded state of heading; or
(2) A change to any other good of hea 48.03-48.09
A change to headings 48.03 through 48 group.
4810.13-4811.90
(1) A change to paper or paperboard i (including square) sheets with the larg ceeding 15 cm in the unfolded state of headings 4810.13 through 4811.90 or a
(2) A change to any other good of any heading or any other subheading, inclu 48.12-48.15
A change to headings 48.12 through 48 group.
48.16
A change to heading 48.16 from any ot
48.17
A change to heading 48.17 from any ot
4818.10-4818.30
A change to subheadings 4818.10 thro
4818.40-4818.90
A change to subheadings 4818.40 thro
48.19-48.22
A change to headings 48.19 through 48 group.
48.23
(1) A change to paper or paperboard i (including square) sheets with the larg in the unfolded state, of heading 48.23
(2) A change to any other good of hea Chapter 49
Printed Books, Newspapers, Pictures a Typescripts and Plans
49.01-49.11
A change to headings 49.01 through 49
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION XI
Textiles and Textile Articles (Chapters 50 Through 63) Note:
The textile and apparel rules should be read in conjunc ment. For purposes of the rules of this Section, the term named material.
Chapter 50
Silk
50.01-50.03
A change to headings 50.01 through 50
50.04-50.06
A change to headings 50.04 through 50
50.07
A change to heading 50.07 from any ot
Chapter 51
Wool, Fine or Coarse Animal Hair; Hors
51.01-51.05
A change to headings 51.01 through 51
51.06-51.10
A change to headings 51.06 through 51
51.11-51.13
A change to headings 51.11 through 51 51.06 through 51.10, 52.05 through 52.0
Chapter 52
Cotton
52.01-52.07
A change to headings 52.01 through 52 54.05 or 55.01 through 55.07.
52.08-52.12
A change to headings 52.08 through 52 51.06 through 51.10, 52.05 through 52.
Chapter 53
Other Vegetable Textile Fibres; Paper Y
53.01-53.05
A change to headings 53.01 through 53
53.06-53.08
A change to headings 53.06 through 53
53.09
A change to heading 53.09 from any ot
53.10-53.11
A change to headings 53.10 through 53 53.07 through 53.08.
Chapter 54
Man-Made Filaments
54.01-54.06
A change to headings 54.01 through 54 52.03 or 55.01 through 55.07.
54.07
(1) A change to voile of subheading 54
(2) A change to any other good of hea through 51.10, 52.05 through 52.06 or 5 54.08
Current to June 20, 2022
A change to heading 54.08 from any ot through 52.06 or 55.09 through 55.10.
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 55
Man-Made Staple Fibres
55.01-55.11
A change to headings 55.01 through 55 52.03 or 54.01 through 54.05.
55.12-55.16
A change to headings 55.12 through 55 51.06 through 51.10, 52.05 through 52.0
Chapter 56
Wadding, Felt and Nonwovens; Specia
56.01-56.09
A change to headings 56.01 through 56 51.13, 52.04 through 52.12, 53.07 throu
Chapter 57
Carpets and Other Textile Floor Coveri
57.01-57.05
A change to headings 57.01 through 57
Chapter 58
Special Woven Fabrics; Tufted Textile
58.01-58.11
A change to headings 58.01 through 58 51.13, 52.04 through 52.12, 53.07 throu
Chapter 59
Impregnated, Coated, Covered or Lami Industrial Use
59.01
A change to heading 59.01 from any ot through 52.12, 53.10 through 53.11, 54.
59.02
A change to heading 59.02 from any ot through 52.12 or 53.06 through 53.11 o
59.03-59.08
A change to headings 59.03 through 59 51.13, 52.08 through 52.12, 53.10 throu
59.09
A change to heading 59.09 from any ot through 52.12 or 53.10 through 53.11, C
59.10
A change to heading 59.10 from any ot through 52.12, 53.07 through 53.08 or 5
59.11
A change to heading 59.11 from any ot through 52.12, 53.10 through 53.11, 54.
Chapter 60
Knitted or Crocheted Fabrics
60.01-60.06
A change to headings 60.01 through 60 51.13, Chapter 52, headings 53.07 throu
Chapter 61
Articles of Apparel and Clothing Acces
Note 1: A change to any of the follow
51.11 through 51.12, 5208.31 throug 5211.31 through 5211.59, 5212.13 th 5407.52 through 5407.54, 5407.61, 5 5407.94, 5408.22 through 5408.24 (e ings), 5408.32 through 5408.34, 551 5515.99, 5516.12 through 5516.14, 5 5516.44, 5516.92 through 5516.94, 6 6006.44,
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 61
Articles of Apparel and Clothing Acces from any heading outside that group.
Note 2: For purposes of determining shall only apply to the component that nent must satisfy the tariff change requ the good must also satisfy the tariff ch Chapter, such requirements shall only excluding sleeves, which covers the lar 6101.10-6101.30
A change to subheadings 6101.10 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6101.90
A change to subheading 6101.90 from through 52.12, 53.07 through 53.08 or 5 60.01 through 60.06, provided that the assembled in the territory of one or bo
6102.10-6102.30
A change to subheadings 6102.10 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6102.90
A change to subheading 6102.90 from through 52.12, 53.07 through 53.08 or 5 60.01 through 60.06, provided that the assembled in the territory of one or bo
6103.11-6103.12
A change to subheadings 6103.11 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6103.19
(1) A change to a suit, of other than ar ter, except from headings 51.06 throug 53.11, Chapter 54 or headings 55.08 thr cut (or knit to shape) and sewn or othe countries; or
(2) A change to any other good of sub 51.06 through 51.13, 52.04 through 52. ings 55.08 through 55.16 or 60.01 throu
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6103.21-6103.29
A change to subheadings 6103.21 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 61
Articles of Apparel and Clothing Acces
(b) with respect to a garment descr 61.03, of wool, fine animal hair, cott subheadings, the visible lining fabri ments provided therein. 6103.31-6103.33
A change to subheadings 6103.31 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6103.39
(1) A change to a jacket or blazer, of o chapter, except from headings 51.06 th through 53.11, Chapter 54 or headings is both cut (or knit to shape) and sewn TA countries; or
(2) A change to any other good of sub 51.06 through 51.13, 52.04 through 52. ings 55.08 through 55.16 or 60.01 throu
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6103.41-6103.49
A change to subheadings 6103.41 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
6104.11-6104.13
A change to subheadings 6104.11 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6104.19
(1) A change to a suit, of other than ar from headings 51.06 through 51.13, 52 Chapter 54 or headings 55.08 through knit to shape) and sewn or otherwise a or
(2) A change to any other good of sub 51.06 through 51.13, 52.04 through 52. ings 55.08 through 55.16 or 60.01 throu
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6104.21-6104.29
A change to subheadings 6104.21 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 61
Articles of Apparel and Clothing Acces
(b) with respect to a garment descr 61.04 or a skirt described in heading ported as part of an ensemble of th 61 satisfies the tariff change require 6104.31-6104.33
A change to subheadings 6104.31 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6104.39
(1) A change to a jacket or blazer, of o chapter, except from headings 51.06 th through 53.11, Chapter 54 or headings is both cut (or knit to shape) and sewn TA countries; or
(2) A change to any other good of sub 51.06 through 51.13, 52.04 through 52. ings 55.08 through 55.16 or 60.01 throu
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6104.41-6104.49
A change to subheadings 6104.41 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
6104.51-6104.53
A change to subheadings 6104.51 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6104.59
(1) A change to a skirt or divided skirt, er chapter, except from headings 51.06 through 53.11, Chapter 54 or headings is both cut (or knit to shape) and sewn TA countries; or
(2) A change to any other good of sub 51.06 through 51.13, 52.04 through 52. ings 55.08 through 55.16 or 60.01 throu
(a) the good is both cut (or knit to s both of the CCRFTA countries, and (b) the visible lining fabric listed in vided therein. 6104.61-6104.69
A change to subheadings 6104.61 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
61.05-61.06
A change to headings 61.05 through 61 51.13, 52.04 through 52.12, 53.07 throu through 55.16 or 60.01 through 60.06, p otherwise assembled in the territory of
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 61
Articles of Apparel and Clothing Acces
6107.11-6107.19
A change to subheadings 6107.11 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
6107.21
(1) A change to subheading 6107.21 fr number per single yarn, of subheading collar, cuffs, waistband or elastic, is wh assembled in the territory of one or bo
(2) A change to subheading 6107.21 fr 52.04 through 52.12, 53.07 through 53. 55.16 or 60.01 through 60.06, provided assembled in the territory of one or bo 6107.22-6107.99
A change to subheadings 6107.22 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
6108.11-6108.19
A change to subheadings 6108.11 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
6108.21
(1) A change to subheading 6108.21 fr number per single yarn, of subheading waistband, elastic or lace, is wholly of bled in the territory of one or both of th
(2) A change to subheading 6108.21 fr 52.04 through 52.12, 53.07 through 53. 55.16 or 60.01 through 60.06, provided assembled in the territory of one or bo 6108.22-6108.29
A change to subheadings 6108.22 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
6108.31
(1) A change to subheading 6108.31 fr number per single yarn, of subheading collar, cuffs, waistband, elastic or lace, erwise assembled in the territory of on
(2) A change to subheading 6108.31 fr 52.04 through 52.12, 53.07 through 53. 55.16 or 60.01 through 60.06, provided assembled in the territory of one or bo 6108.32-6108.39
A change to subheadings 6108.32 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
6108.91-6108.99
A change to subheadings 6108.91 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
61.09-61.11
A change to headings 61.09 through 61 51.13, 52.04 through 52.12, 53.07 throu through 55.16 or 60.01 through 60.06, p otherwise assembled in the territory of
6112.11-6112.19
A change to subheadings 6112.11 thro through 51.13, 52.04 through 52.12, 53
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 61
Articles of Apparel and Clothing Acces
55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory 6112.20
A change to subheading 6112.20 from through 52.12, 53.07 through 53.08 or 5 60.01 through 60.06, provided that:
(a) the good is both cut (or knit to s both of the CCRFTA countries, and
(b) with respect to a garment descr hair, cotton or man-made fibres, im ric listed in Note 1 to Chapter 61 sat 6112.31-6112.49
A change to subheadings 6112.31 thro through 51.13, 52.04 through 52.12, 53 55.08 through 55.16 or 60.01 through 6 or otherwise assembled in the territory
61.13-61.17
A change to headings 61.13 through 61 51.13, 52.04 through 52.12, 53.07 throu through 55.16 or 60.01 through 60.06, p otherwise assembled in the territory of
Chapter 62
Articles of Apparel and Clothing Acces
Note 1: A change to any of the follow
51.11 through 51.12, 5208.31 throug 5211.31 through 5211.59, 5212.13 th 5407.52 through 5407.54, 5407.61, 5 5407.94, 5408.22 through 5408.24 (e ings), 5408.32 through 5408.34, 5512 5515.99, 5516.12 through 5516.14, 5 5516.44, 5516.92 through 5516.94, 6 6006.44, from any heading outside that group.
Note 2: Apparel goods of this Chapter otherwise assembled in the territory of shell, exclusive of collars or cuffs, is wh
(a) Velveteen fabrics of subheading
(b) Corduroy fabrics of subheading containing more than 7.5 wales per
(c) Fabrics of subheading 5111.11 o woven in the United Kingdom in acc ation, Ltd., and so certified by the A
(d) Fabrics of subheading 5112.30, w wool, not less than 20 per cent by w man-made staple fibres; or
(e) Batiste fabrics of subheading 55 76 metric count, containing between weight not exceeding 110 grams pe
Note 3: For purposes of determining t shall only apply to the component that nent must satisfy the tariff change requ the good must also satisfy the tariff cha Chapter, such requirement shall only a excluding sleeves, which covers the lar 6201.11-6201.13
Current to June 20, 2022
A change to subheadings 6201.11 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 62
Articles of Apparel and Clothing Acces
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6201.19
A change to subheading 6201.19 from a through 52.12, 53.07 through 53.08 or 5 58.01 through 58.02 or 60.01 through 6 assembled in the territory of one or bot
6201.91-6201.93
A change to subheadings 6201.91 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6201.99
A change to subheading 6201.99 from a through 52.12, 53.07 through 53.08 or 5 58.01 through 58.02 or 60.01 through 6 assembled in the territory of one or bot
6202.11-6202.13
A change to subheadings 6202.11 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6202.19
A change to subheading 6202.19 from a through 52.12, 53.07 through 53.08 or 5 58.01 through 58.02 or 60.01 through 6 assembled in the territory of one or bot
6202.91-6202.93
A change to subheadings 6202.91 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6202.99
A change to subheading 6202.99 from a through 52.12, 53.07 through 53.08 or 5 58.01 through 58.02 or 60.01 through 6 assembled in the territory of one or bot
6203.11-6203.12
A change to subheadings 6203.11 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6203.19
Current to June 20, 2022
(1) A change to a suit, of other than co ter, except from headings 51.06 throug 53.11, Chapter 54 or headings 55.08 thr
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 62
Articles of Apparel and Clothing Acces
that the good is both cut and sewn or o countries; or
(2) A change to any other good of subh 51.06 through 51.13, 52.04 through 52.1 ings 55.08 through 55.16, 58.01 through
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6203.21-6203.29
A change to subheadings 6203.21 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and
(b) with respect to a garment descr 62.03, of wool, fine animal hair, cott subheadings, the visible lining fabri ments provided therein. 6203.31-6203.33
A change to subheadings 6203.31 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6203.39
(1) A change to a jacket or blazer, of ot chapter, except from headings 51.06 th through 53.11, Chapter 54 or headings provided that the good is both cut and CCRFTA countries; or
(2) A change to any other good of subh 51.06 through 51.13, 52.04 through 52.1 ings 55.08 through 55.16, 58.01 through
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6203.41-6203.49
A change to subheadings 6203.41 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0 sewn or otherwise assembled in the ter
6204.11-6204.13
A change to subheadings 6204.11 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6204.19
Current to June 20, 2022
(1) A change to a suit, of other than art from headings 51.06 through 51.13, 52. Chapter 54 or headings 55.08 through 5 good is both cut and sewn or otherwise or
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 62
Articles of Apparel and Clothing Acces
(2) A change to any other good of subh 51.06 through 51.13, 52.04 through 52.1 ings 55.08 through 55.16, 58.01 through
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6204.21-6204.29
A change to subheadings 6204.21 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and
(b) with respect to a garment descr 62.04 or a skirt described in heading ported as part of an ensemble of the 62 satisfies the tariff change require 6204.31-6204.33
A change to subheadings 6204.31 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6204.39
(1) A change to a jacket or blazer, of ot chapter, except from headings 51.06 th through 53.11, Chapter 54 or headings provided that the good is both cut and CCRFTA countries; or
(2) A change to any other good of subh 51.06 through 51.13, 52.04 through 52.1 ings 55.08 through 55.16, 58.01 through
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6204.41-6204.49
A change to subheadings 6204.41 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0 sewn or otherwise assembled in the ter
6204.51-6204.53
A change to subheadings 6204.51 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6204.59
(1) A change to a skirt or divided skirt, chapter, except from headings 51.06 th through 53.11, Chapter 54 or headings provided that the good is both cut and CCRFTA countries; or
(2) A change to any other good of subh 51.06 through 51.13, 52.04 through 52.1 ings 55.08 through 55.16, 58.01 through
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 62
Articles of Apparel and Clothing Acces
(a) the good is both cut and sewn o TA countries, and (b) the visible lining fabric listed in vided therein. 6204.61-6204.69
A change to subheadings 6204.61 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0 sewn or otherwise assembled in the ter
6205.10
A change to subheading 6205.10 from a through 52.12, 53.07 through 53.08 or 5 58.01 through 58.02 or 60.01 through 6 assembled in the territory of one or bot
6205.20-6205.30
Note: Men’s or boys’ shirts of cotton o cut and assembled in the territory of on shell, exclusive of collars or cuffs, is wh
(a) Fabrics of subheading 5208.21, 5 5208.49, 5208.51, 5208.52 or 5208.59
(b) Fabrics of subheading 5513.11 o warp ends and filling picks per squa
(c) Fabrics of subheading 5210.21 o warp ends and filling picks per squa
(d) Fabrics of subheading 5208.22 o warp ends and filling picks per squa
(e) Fabrics of subheading 5407.81, 5 tre, having a dobby weave created b
(f) Fabrics of subheading 5208.42 o warp ends and filling picks per squa
(g) Fabrics of subheading 5208.51, o ing picks per square centimetre, ma
(h) Fabrics of subheading 5208.41, o than 85 warp ends and filling picks p number 95 or greater metric, and ch the yarns in the warp and filling; or
(i) Fabrics of subheading 5208.41, w white or coloured with vegetable dy
For purposes of the above note, averag fibres, means the average yarn number number, the length of the yarn is consi clipped yarn being measured as if cont the fabric including the single yarns in after any excessive sizing is removed b can be used to determine the average y
N when:
Current to June 20, 2022
N
is the average yarn number,
B
is the breadth (width) of the fab
Y
is the metres (linear) of the fab
T
is the total single yarns per squ
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 62
Articles of Apparel and Clothing Acces
S
is the square metres of fabric p
Z
is the grams per linear metre o
Z′
is the grams per square metre
Fractions in the resulting “average yarn
A change to subheadings 6205.20 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0 sewn or otherwise assembled in the ter 6205.90
A change to subheading 6205.90 from a through 52.12, 53.07 through 53.08 or 5 58.01 through 58.02 or 60.01 through 6 assembled in the territory of one or bot
62.06-62.10
A change to headings 62.06 through 62 51.13, 52.04 through 52.12, 53.07 throu through 55.16, 58.01 through 58.02 or 6 otherwise assembled in the territory of
6211.11-6211.12
A change to subheadings 6211.11 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0 sewn or otherwise assembled in the ter
6211.20
A change to subheading 6211.20 from a through 52.12, 53.07 through 53.08 or 5 58.01 through 58.02 or 60.01 through 6
(a) the good is both cut and sewn o TA countries, and
(b) with respect to a garment descr hair, cotton or man-made fibres, im ric listed in Note 1 to Chapter 62 sat 6211.31-6211.49
A change to subheadings 6211.31 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0 sewn or otherwise assembled in the ter
6212.10
A change to subheading 6212.10 from a otherwise assembled in the territory of
6212.20-6212.90
A change to subheadings 6212.20 throu through 51.13, 52.04 through 52.12, 53. 55.08 through 55.16, 58.01 through 58.0 sewn or otherwise assembled in the ter
62.13-62.17
A change to headings 62.13 through 62 51.13, 52.04 through 52.12, 53.07 throu through 55.16, 58.01 through 58.02 or 6 otherwise assembled in the territory of
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 63
Other Made Up Textile Articles; Sets; W
Note: For purposes of determining the shall only apply to the component that nent must satisfy the tariff change requ 63.01-63.10
A change to headings 63.01 through 63 51.13, 52.04 through 52.12, 53.07 throu headings 58.01 through 58.02 or 60.01 and sewn or otherwise assembled in th
SECTION XII
Footwear, Headgear, Umbrellas, S Seat-Sticks, Whips, Riding-Crops a Feathers and Articles Made Therew Human Hair (Chapters 64 Through 67) Chapter 64
Footwear, Gaiters and the Like; Parts o
64.01-64.05
(1) A change to headings 64.01 throug 64.06; or
(2) A change to headings 64.01 throug heading 6406.10, whether or not there there is a regional value content of not 6406.10
(1) A change to subheading 6406.10 fr
(2) A change to subheading 6406.10 fr from any other heading, provided there transaction value method. 6406.20-6406.99
A change to subheadings 6406.20 throu
Chapter 65
Headgear and Parts Thereof
65.01-65.07
A change to headings 65.01 through 65 group.
Chapter 66
Umbrellas, Sun Umbrellas, Walking St
66.01
(1) A change to heading 66.01 from an
(2) A change to heading 66.01 from he heading, provided there is a regional v ue method. 66.02-66.03
Current to June 20, 2022
A change to headings 66.02 through 66 group.
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 67
Prepared Feathers and Down and Artic Human Hair
67.01
(1) A change to heading 67.01 from an
(2) A change to articles of feathers or d 67.02-67.04
A change to headings 67.02 through 67 group.
SECTION XIII
Articles of Stone, Plaster, Cement, Materials; Ceramic Products; Glass (Chapters 68 Through 70) Chapter 68
Articles of Stone, Plaster, Cement, Asb
68.01-68.11
A change to headings 68.01 through 68
6812.50-6812.70
A change to subheadings 6812.50 throu subheading within that group.
6812.90
A change to subheading 6812.90 from
68.13-68.15
A change to headings 68.13 through 68 group.
Chapter 69
Ceramic Products
69.01-69.14
A change to headings 69.01 through 69 group.
Chapter 70
Glass and Glassware
70.01-70.08
A change to headings 70.01 through 70 group.
7009.10
A change to subheading 7009.10 from
7009.91-7009.92
A change to subheadings 7009.91 throu
70.10-70.18
A change to headings 70.10 through 70 group.
7019.11-7019.40
A change to subheadings 7019.11 throu subheading within that group.
7019.51
A change to subheading 7019.51 from 7019.59.
7019.52-7019.90
A change to subheadings 7019.52 throu subheading within that group.
70.20
A change to heading 70.20 from any ot
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION XIV
Natural or Cultured Pearls, Preciou Precious Metals, Metals Clad with Thereof; Imitation Jewellery; Coin (chapter 71) Chapter 71
Natural or Cultured Pearls, Precious or Metal and Articles Thereof, Imitation J
71.01-71.18
A change to headings 71.01 through 71 group.
SECTION XV
Base Metals and Articles of Base M (Chapters 72 Through 83) Chapter 72
Iron and Steel
72.01-72.29
A change to headings 72.01 through 72 group.
Chapter 73
Articles of Iron or Steel
73.01-73.03
A change to headings 73.01 through 73
7304.10-7304.39
A change to subheadings 7304.10 throu
7304.41
A change to subheading 7304.41 from a
7304.49-7304.90
A change to subheadings 7304.49 throu
73.05-73.06
A change to headings 73.05 through 73
73.07
(1) A change to heading 73.07 from an
(2) A change to heading 73.07 from an change from any other chapter, provide der the transaction value method. 73.08
(1) A change to heading 73.08 from an
(2) A change to heading 73.08 from wi change from any other heading, provid under the transaction value method. 73.09-73.14
A change to headings 73.09 through 73 group.
7315.11-7315.12
(1) A change to subheadings 7315.11 t
(2) A change to subheadings 7315.11 t also a change from any other heading, cent under the transaction value metho 7315.19
Current to June 20, 2022
A change to subheading 7315.19 from a
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 73
Articles of Iron or Steel
7315.20-7315.89
(1) A change to subheadings 7315.20 t
(2) A change to subheadings 7315.20 t also a change from any other heading, cent under the transaction value metho 7315.90
A change to subheading 7315.90 from a
73.16-73.20
A change to headings 73.16 through 73 group.
7321.11
A change to subheading 7321.11 from a not assembled, top surface panels, with more than one of: inner panel, outer pa
7321.12-7321.83
(1) A change to subheadings 7321.12 t
(2) A change to subheadings 7321.12 t also a change from any other heading, cent under the transaction value metho 7321.90
A change to subheading 7321.90 from a
73.22-73.23
A change to headings 73.22 through 73 group.
7324.10-7324.29
(1) A change to subheadings 7324.10 t
(2) A change to subheadings 7324.10 t also a change from any other heading, cent under the transaction value metho 7324.90
A change to subheading 7324.90 from a
73.25-73.26
A change to headings 73.25 through 73 group.
Chapter 74
Copper and Articles Thereof
74.01-74.07
A change to headings 74.01 through 74 group.
74.08
(1) A change to heading 74.08 from an
(2) A change to heading 74.08 from he heading, provided that, if rod is used, t 74.09-74.11
A change to headings 74.09 through 74 group.
74.12
A change to heading 74.12 from any ot
74.13
(1) A change to heading 74.13 from an
(2) A change to heading 74.13 from he heading, provided there is a regional va ue method. 74.14-74.19
A change to headings 74.14 through 74 group.
Chapter 75
Nickel and Articles Thereof
75.01-75.04
A change to headings 75.01 through 75 group.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 75
Nickel and Articles Thereof
7505.11-7505.12
A change to subheadings 7505.11 throu
7505.21-7505.22
(1) A change to subheadings 7505.21 t
(2) A change to subheadings 7505.21 t whether or not there is also a change fr tional area of the rod is reduced by at le 75.06
(1) A change to heading 75.06 from an
(2) A change to foil, not backed, of a th ing, whether or not there is also a chan 75.07-75.08
A change to headings 75.07 through 75 group.
Chapter 76
Aluminum and Articles Thereof
76.01-76.04
A change to headings 76.01 through 76 group.
76.05
(1) A change to heading 76.05 from an
(2) A change to heading 76.05 from he heading, provided that, if rod is used, t 76.06
A change to heading 76.06 from any ot
7607.11
A change to subheading 7607.11 from a
7607.19-7607.20
(1) A change to subheadings 7607.19 t from subheading 7607.11; or
(2) A change to subheadings 7607.19 t also a change from any other subheadi not less than 30 per cent under the tran 76.08
A change to heading 76.08 from any ot
76.09
A change to heading 76.09 from any ot
76.10-76.13
A change to headings 76.10 through 76 group.
76.14
(1) A change to heading 76.14 from an
(2) A change to heading 76.14 from he heading, provided there is a regional va ue method. 76.15-76.16
A change to headings 76.15 through 76 group.
Chapter 78
Lead and Articles Thereof
78.01-78.02
A change to headings 78.01 through 78 group.
78.03
(1) A change to heading 78.03 from an
(2) A change to wire of heading 78.03 f from any other heading, provided that, least 50 per cent.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 78
Lead and Articles Thereof
7804.11-7804.20
(1) A change to subheadings 7804.11 t heading within that group; or
(2) A change to foil, not backed, of sub there is also a change from any other s 78.05-78.06
A change to headings 78.05 through 78 group.
Chapter 79
Zinc and Articles Thereof
79.01-79.03
A change to headings 79.01 through 79 group.
79.04
(1) A change to heading 79.04 from an
(2) A change to wire of heading 79.04 f from any other heading, provided that, least 50 per cent. 79.05
(1) A change to heading 79.05 from an
(2) A change to foil, not backed, of hea change from any other heading. 79.06-79.07
A change to headings 79.06 through 79 group.
Chapter 80
Tin and Articles Thereof
80.01-80.02
A change to headings 80.01 through 80 group.
80.03
(1) A change to heading 80.03 from an
(2) A change to wire of heading 80.03 f from any other heading, provided that, least 50 per cent. 80.04-80.07
A change to headings 80.04 through 80 group.
Chapter 81
Other Base Metals; Cermets; Articles T
8101.10-8113.00
A change to subheadings 8101.10 throu subheading within that group.
Chapter 82
Tools, Implements, Cutlery, Spoons an
Note: Handles of base metal used in th termining the origin of that good. 82.01
A change to heading 82.01 from any ot
8202.10-8202.20
A change to subheadings 8202.10 throu
8202.31
(1) A change to subheading 8202.31 fro
(2) A change to subheading 8202.31 fro any other heading, provided there is a action value method. 8202.39-8202.99
Current to June 20, 2022
A change to subheadings 8202.39 throu
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 82
Tools, Implements, Cutlery, Spoons an
82.03-82.04
A change to headings 82.03 through 82 group.
8205.10-8205.80
A change to subheadings 8205.10 throu
8205.90
(1) A change to subheading 8205.90 fro
(2) A change to a set of subheading 82 there is also a change from any other h
(a) at least one of the component g originating, and
(b) the regional value content of the method. 82.06
(1) A change to heading 82.06 from an
(2) A change to a set of heading 82.06 change from any other heading, provid
(a) at least one of the component g originating, and
(b) the regional value content of the method. 8207.13
(1) A change to subheading 8207.13 fro
(2) A change to subheading 8207.13 fro also a change from any other heading, cent under the transaction value metho 8207.19-8207.90
A change to subheadings 8207.19 throu
82.08-82.10
A change to headings 82.08 through 82 group.
8211.10
(1) A change to subheading 8211.10 fro or
(2) A change to a set of subheading 82 82.14 through 82.15, whether or not the
(a) at least one of the component g originating, and
(b) the regional value content of the method. 8211.91-8211.93
(1) A change to subheadings 8211.91 t
(2) A change to subheadings 8211.91 t whether or not there is also a change fr of not less than 50 per cent under the tr 8211.94-8211.95
A change to subheadings 8211.94 throu
82.12-82.13
A change to headings 82.12 through 82 group.
82.14
(1) A change to heading 82.14 from an
(2) A change to a set of subheading 82 that:
(a) at least one of the component g originating, and
(b) the regional value content of the method.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 82
Tools, Implements, Cutlery, Spoons an
8215.10-8215.20
(1) A change to subheadings 8215.10 t 82.11; or
(2) A change to a set of subheadings 8 8215.91 through 8215.99, whether or no
(a) at least one of the component g originating, and
(b) the regional value content of the method. 8215.91-8215.99
A change to subheadings 8215.91 throu
Chapter 83
Miscellaneous Articles of Base Metal
8301.10-8301.50
(1) A change to subheadings 8301.10 t
(2) A change to subheadings 8301.10 t also a change from any other heading, cent under the transaction value metho 8301.60-8301.70
A change to subheadings 8301.60 throu
83.02-83.04
A change to headings 83.02 through 83 group.
8305.10-8305.20
(1) A change to subheadings 8305.10 t
(2) A change to subheadings 8305.10 t also a change from any other heading, cent under the transaction value metho 8305.90
A change to subheading 8305.90 from a
83.06-83.07
A change to headings 83.06 through 83 group.
8308.10-8308.20
(1) A change to subheadings 8308.10 t
(2) A change to subheadings 8308.10 t also a change from any other heading, cent under the transaction value metho 8308.90
A change to subheading 8308.90 from a
83.09-83.10
A change to headings 83.09 through 83 group.
8311.10-8311.30
(1) A change to subheadings 8311.10 t
(2) A change to subheadings 8311.10 t also a change from any other heading, cent under the transaction value metho 8311.90
Current to June 20, 2022
A change to subheading 8311.90 from a
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION XVI
Machinery and Mechanical Applian Thereof; Sound Recorders and Rep Sound Recorders and Reproducers Such Articles (Chapters 84 Through 85) Chapter 84
Nuclear Reactors, Boilers, Machinery an
8401.10-8401.30
A change to subheadings 8401.10 throu subheading within that group.
8401.40
A change to subheading 8401.40 from a
8402.11
(1) A change to subheading 8402.11 fro
(2) A change to subheading 8402.11 fro any other heading, provided there is a r action value method. 8402.12-8402.20
(1) A change to subheadings 8402.12 th
(2) A change to subheadings 8402.12 th also a change from any other heading, cent under the transaction value metho 8402.90
A change to subheading 8402.90 from a
8403.10
(1) A change to subheading 8403.10 fro
(2) A change to subheading 8403.10 fro any other heading, provided there is a r action value method. 8403.90 8404.10-8404.20
A change to subheading 8403.90 from a
(1) A change to subheadings 8404.10 th
(2) A change to subheadings 8404.10 th also a change from any other heading, cent under the transaction value metho 8404.90
A change to subheading 8404.90 from a
8405.10
A change to subheading 8405.10 from a
8405.90
A change to subheading 8405.90 from a
8406.10-8406.82
(1) A change to subheadings 8406.10 th
(2) A change to subheadings 8406.10 th also a change from any other heading, cent under the transaction value metho 8406.90
A change to subheading 8406.90 from a
8407.10-8407.29
A change to subheadings 8407.10 throu
8407.31-8407.34
(1) A change to subheadings 8407.31 th 84.09; or
(2) A change to subheadings 8407.31 th change from any heading outside that g
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 84
Nuclear Reactors, Boilers, Machinery an
(a) 35 per cent where the transactio
(b) 25 per cent where the net cost m 8407.90
A change to subheading 8407.90 from a
84.08-84.09
A change to headings 84.08 through 84 group.
8410.11-8410.13
(1) A change to subheadings 8410.11 th
(2) A change to subheadings 8410.11 th also a change from any other heading, cent under the transaction value metho 8410.90
A change to subheading 8410.90 from a
8411.11-8411.22
A change to subheadings 8411.11 throu subheading within that group.
8411.81-8411.82
(1) A change to subheadings 8411.81 th
(2) A change to subheadings 8411.81 th also a change from any other heading, cent under the transaction value metho 8411.91-8411.99
A change to subheadings 8411.91 throu
8412.10-8412.80
A change to subheadings 8412.10 throu subheading within that group.
8412.90
A change to subheading 8412.90 from a
8413.11-8413.82
(1) A change to subheadings 8413.11 th
(2) A change to subheadings 8413.11 th whether or not there is also a change fr of not less than 30 per cent under the tr 8413.91-8413.92 8414.10-8414.80
A change to subheadings 8413.91 throu
(1) A change to subheadings 8414.10 th
(2) A change to subheadings 8414.10 th also a change from any other heading, cent under the transaction value metho 8414.90
A change to subheading 8414.90 from a
8415.10-8415.83
(1) A change to subheadings 8415.10 th
(2) A change to subheadings 8415.10 th also a change from any other heading, cent under the transaction value metho 8415.90 8416.10-8416.30
A change to subheading 8415.90 from a
(1) A change to subheadings 8416.10 th
(2) A change to subheadings 8416.10 th also a change from any other heading, cent under the transaction value metho 8416.90
A change to subheading 8416.90 from a
8417.10-8417.80
A change to subheadings 8417.10 throu subheading within that group.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 84
Nuclear Reactors, Boilers, Machinery an
8417.90
A change to subheading 8417.90 from a
8418.10-8418.29
A change to subheadings 8418.10 throu subheading 8418.91.
8418.30-8418.69
(1) A change to subheadings 8418.30 th
(2) A change to subheadings 8418.30 th whether or not there is also a change fr of not less than 35 per cent under the tr 8418.91-8418.99 8419.11-8419.89
A change to subheadings 8418.91 throu
(1) A change to subheadings 8419.11 th
(2) A change to subheadings 8419.11 th also a change from any other heading, cent under the transaction value metho 8419.90
A change to subheading 8419.90 from a
8420.10
(1) A change to subheading 8420.10 fro
(2) A change to subheading 8420.10 fro also a change from any other heading, cent under the transaction value metho 8420.91-8420.99
A change to subheadings 8420.91 throu
8421.11-8421.19
A change to subheadings 8421.11 throu subheading within that group.
8421.21-8421.39
(1) A change to subheadings 8421.21 th
(2) A change to subheadings 8421.21 th whether or not there is also a change fr of not less than 30 per cent under the tr 8421.91-8421.99
A change to subheadings 8421.91 throu
8422.11-8422.40
(1) A change to subheadings 8422.11 th
(2) A change to subheadings 8422.11 th also a change from any other heading, cent under the transaction value metho 8422.90 8423.10-8423.89
A change to subheading 8422.90 from a
(1) A change to subheadings 8423.10 th
(2) A change to subheadings 8423.10 th also a change from any other heading, cent under the transaction value metho 8423.90
A change to subheading 8423.90 from a
8424.10-8424.89
A change to subheadings 8424.10 throu subheading within that group.
8424.90
A change to subheading 8424.90 from a
84.25-84.26
A change to headings 84.25 through 84 group.
84.27
(1) A change to heading 84.27 from an
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 84
Nuclear Reactors, Boilers, Machinery an
(2) A change to heading 84.27 from he heading, provided there is a regional va method. 84.28-84.31
A change to headings 84.28 through 84 group.
8432.10-8432.80
A change to subheadings 8432.10 throu subheading within that group.
8432.90
A change to subheading 8432.90 from a
8433.11-8433.60
A change to subheadings 8433.11 throu subheading within that group.
8433.90
A change to subheading 8433.90 from a
8434.10-8434.20
A change to subheadings 8434.10 throu subheading within that group.
8434.90
A change to subheading 8434.90 from a
8435.10
A change to subheading 8435.10 from a
8435.90
A change to subheading 8435.90 from a
8436.10-8436.29
A change to subheadings 8436.10 throu subheading within that group.
8436.80
(1) A change to subheading 8436.80 fro
(2) A change to subheading 8436.80 fro any other heading, provided there is a r action value method. 8436.91-8436.99
A change to subheadings 8436.91 throu
8437.10-8437.80
A change to subheadings 8437.10 throu subheading within that group.
8437.90
A change to subheading 8437.90 from a
8438.10-8438.80
(1) A change to subheadings 8438.10 th
(2) A change to subheadings 8438.10 th also a change from any other heading, cent under the transaction value metho 8438.90
A change to subheading 8438.90 from a
8439.10-8439.30
(1) A change to subheadings 8439.10 th
(2) A change to subheadings 8439.10 th whether or not there is also a change fr of not less than 35 per cent under the tr 8439.91-8439.99
A change to subheadings 8439.91 throu
8440.10
(1) A change to subheading 8440.10 fro
(2) A change to subheading 8440.10 fro any other heading, provided there is a r action value method. 8440.90
Current to June 20, 2022
A change to subheading 8440.90 from a
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 84
Nuclear Reactors, Boilers, Machinery an
8441.10
(1) A change to subheading 8441.10 fro
(2) A change to subheading 8441.10 fro any other heading, provided there is a r action value method. 8441.20-8441.80
A change to subheadings 8441.20 throu subheading within that group.
8441.90
A change to subheading 8441.90 from a
8442.10-8442.30
A change to subheadings 8442.10 throu subheading within that group.
8442.40-8442.50
A change to subheadings 8442.40 throu
8443.11-8443.59
(1) A change to subheadings 8443.11 th
(2) A change to subheadings 8443.11 th not there is also a change from any oth than 35 per cent under the transaction v 8443.60
(1) A change to subheading 8443.60 fro
(2) A change to subheading 8443.60 fro any other heading, provided there is a r action value method. 8443.90
A change to subheading 8443.90 from a
84.44-84.47
A change to headings 84.44 through 84 group.
8448.11-8448.19
A change to subheadings 8448.11 throu subheading within that group.
8448.20-8448.59
A change to subheadings 8448.20 throu
84.49
A change to heading 84.49 from any oth
8450.11-8450.20
(1) A change to subheadings 8450.11 th
(2) A change to subheadings 8450.11 th also a change from any other heading, cent under the transaction value metho 8450.90 8451.10-8451.80
A change to subheading 8450.90 from a
(1) A change to subheadings 8451.10 th
(2) A change to subheadings 8451.10 th also a change from any other heading, cent under the transaction value metho 8451.90
A change to subheading 8451.90 from a
8452.10-8452.30
(1) A change to subheadings 8452.10 th
(2) A change to subheadings 8452.10 th whether or not there is also a change fr of not less than 35 per cent under the tr 8452.40-8452.90
A change to subheadings 8452.40 throu
8453.10-8453.80
(1) A change to subheadings 8453.10 th
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 84
Nuclear Reactors, Boilers, Machinery an
(2) A change to subheadings 8453.10 th also a change from any other heading, cent under the transaction value metho 8453.90
A change to subheading 8453.90 from a
8454.10-8454.30
(1) A change to subheadings 8454.10 th
(2) A change to subheadings 8454.10 th also a change from any other heading, cent under the transaction value metho 8454.90
A change to subheading 8454.90 from a
8455.10-8455.22
A change to subheadings 8455.10 throu subheading within that group.
8455.30-8455.90
A change to subheadings 8455.30 throu
84.56
(1) A change to heading 84.56 from an
(2) A change to heading 84.56 from he heading, provided there is a regional va method. 84.57
(1) A change to heading 84.57 from an
(2) A change to heading 84.57 from he any other heading, provided there is a r action value method. 84.58-84.63
(1) A change to headings 84.58 through that group, except from heading 84.66;
(2) A change to headings 84.58 through from any other heading, including anot content of not less than 35 per cent und 84.64
(1) A change to heading 84.64 from an
(2) A change to heading 84.64 from sub other heading, provided there is a regio value method. 84.65
(1) A change to heading 84.65 from an
(2) A change to heading 84.65 from sub other heading, provided there is a regio value method. 84.66
A change to heading 84.66 from any oth
8467.11-8467.89
(1) A change to subheadings 8467.11 th
(2) A change to subheadings 8467.11 th whether or not there is also a change fr of not less than 35 per cent under the tr 8467.91-8467.99 8468.10-8468.80
A change to subheadings 8467.91 throu
(1) A change to subheadings 8468.10 th
(2) A change to subheadings 8468.10 th also a change from any other heading, cent under the transaction value metho 8468.90
A change to subheading 8468.90 from a
8469.11-8469.30
A change to subheadings 8469.11 throu
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 84
Nuclear Reactors, Boilers, Machinery an
8470.10-8471.90
A change to subheadings 8470.10 throu subheading within that group.
84.72
(1) A change to heading 84.72 from an
(2) A change to heading 84.72 from he heading, provided there is a regional va method. 8473.10-8473.50
A change to any one of subheadings 84 subheading, including another subhead
8474.10-8474.80
A change to subheadings 8474.10 throu subheading within that group.
8474.90
A change to subheading 8474.90 from a
8475.10-8475.29
A change to subheadings 8475.10 throu subheading within that group.
8475.90
A change to subheading 8475.90 from a
8476.21-8476.89
(1) A change to subheadings 8476.21 th
(2) A change to subheadings 8476.21 th also a change from any other heading, cent under the transaction value metho 8476.90
A change to subheading 8476.90 from a
8477.10-8477.80
(1) A change to subheadings 8477.10 th
(2) A change to subheadings 8477.10 th also a change from any other heading, cent under the transaction value metho 8477.90
A change to subheading 8477.90 from a
8478.10
A change to subheading 8478.10 from a
8478.90
A change to subheading 8478.90 from a
8479.10-8479.89
(1) A change to subheadings 8479.10 th
(2) A change to subheadings 8479.10 th also a change from any other heading, cent under the transaction value metho 8479.90
A change to subheading 8479.90 from a
84.80
A change to heading 84.80 from any oth
8481.10-8481.80
A change to subheadings 8481.10 throu subheading within that group.
8481.90
A change to subheading 8481.90 from a
8482.10-8482.80
(1) A change to subheadings 8482.10 th
(2) A change to subheadings 8482.10 th whether or not there is also a change fr of not less than 35 per cent under the tr 8482.91-8482.99
A change to subheadings 8482.91 throu
8483.10
(1) A change to subheading 8483.10 fro
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 84
Nuclear Reactors, Boilers, Machinery an
(2) A change to subheading 8483.10 fro any other heading, provided there is a r action value method. 8483.20
(1) A change to subheading 8483.20 fro
(2) A change to subheading 8483.20 fro also a change from any other heading, cent under the transaction value metho 8483.30-8483.60
(1) A change to subheadings 8483.30 th
(2) A change to subheadings 8483.30 th also a change from any other heading, cent under the transaction value metho 8483.90
A change to subheading 8483.90 from a
8484.10-8484.20
A change to subheadings 8484.10 throu
8484.90
A change to a set of subheading 8484.9
(a) at least one of the component pr originating, and
(b) the regional value content of the method. 84.85
A change to heading 84.85 from any oth
Chapter 85
Electrical Machinery and Equipment an Image and Sound Recorders and Repro
85.01
(1) A change to heading 85.01 from an
(2) A change to heading 85.01 from he heading, provided there is a regional va method. 85.02
(1) A change to heading 85.02 from an or
(2) A change to heading 85.02 from he change from any other heading, provid under the transaction value method. 85.03 8504.10-8504.50
A change to heading 85.03 from any oth
(1) A change to subheadings 8504.10 th
(2) A change to subheadings 8504.10 th also a change from any other heading, cent under the transaction value metho 8504.90
A change to subheading 8504.90 from a
8505.11-8505.30
(1) A change to subheadings 8505.11 th
(2) A change to subheadings 8505.11 th also a change from any other heading, cent under the transaction value metho 8505.90
A change to subheading 8505.90 from a
8506.10-8506.80
(1) A change to subheadings 8506.10 th
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 85
Electrical Machinery and Equipment an Image and Sound Recorders and Repro
(2) A change to subheadings 8506.10 th also a change from any other heading, cent under the transaction value metho 8506.90 8507.10-8507.80
A change to subheading 8506.90 from a
(1) A change to subheadings 8507.10 th
(2) A change to subheadings 8507.10 th also a change from any other heading, cent under the transaction value metho 8507.90
A change to subheading 8507.90 from a
8509.10-8509.80
(1) A change to subheadings 8509.10 th
(2) A change to subheadings 8509.10 th also a change from any other heading, cent under the transaction value metho 8509.90 8510.10-8510.30
A change to subheading 8509.90 from a
(1) A change to subheadings 8510.10 th
(2) A change to subheadings 8510.10 th also a change from any other heading, cent under the transaction value metho 8510.90
A change to subheading 8510.90 from a
8511.10-8511.80
(1) A change to subheadings 8511.10 th
(2) A change to subheadings 8511.10 th also a change from any other heading, cent under the transaction value metho 8511.90 8512.10-8512.40
A change to subheading 8511.90 from a
(1) A change to subheadings 8512.10 th
(2) A change to subheadings 8512.10 th also a change from any other heading, cent under the transaction value metho 8512.90
A change to subheading 8512.90 from a
8513.10
(1) A change to subheading 8513.10 fro
(2) A change to subheading 8513.10 fro any other heading, provided there is a r action value method. 8513.90 8514.10-8514.40
A change to subheading 8513.90 from a
(1) A change to subheadings 8514.10 th
(2) A change to subheadings 8514.10 th also a change from any other heading, cent under the transaction value metho 8514.90
A change to subheading 8514.90 from a
8515.11-8515.80
(1) A change to subheadings 8515.11 th
(2) A change to subheadings 8515.11 th also a change from any other heading, cent under the transaction value metho
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 85
Electrical Machinery and Equipment an Image and Sound Recorders and Repro
8515.90
A change to subheading 8515.90 from a
8516.10-8516.29
(1) A change to subheadings 8516.10 th
(2) A change to subheadings 8516.10 th also a change from subheading 8516.80 not less than 30 per cent under the tran 8516.31-8516.32
A change to subheadings 8516.31 throu subheading within that group.
8516.33-8516.40
(1) A change to subheadings 8516.33 th
(2) A change to subheadings 8516.33 th also a change from subheading 8516.80 not less than 30 per cent under the tran 8516.50
(1) A change to subheading 8516.50 fro
(2) A change to subheading 8516.50 fro any other heading, provided there is a r action value method. 8516.60
8516.71-8516.79
A change to subheading 8516.60 from a not assembled, top surface panels, with more than one of: inner panel, outer pa
(1) A change to subheadings 8516.71 th
(2) A change to subheadings 8516.71 th also a change from subheading 8516.80 not less than 35 per cent under the tran 8516.80-8516.90
A change to subheadings 8516.80 throu
8517.11-8517.90
A change to any one of subheadings 85 subheading, including another subhead
8518.10-8518.21
(1) A change to subheadings 8518.10 th
(2) A change to subheadings 8518.10 th also a change from any other heading, cent under the transaction value metho 8518.22
(1) A change to subheading 8518.22 fro
(2) A change to subheading 8518.22 fro change from any other heading, provid under the transaction value method. 8518.29
(1) A change to subheading 8518.29 fro
(2) A change to subheading 8518.29 fro any other heading, provided there is a r action value method. 8518.30
(1) A change to subheading 8518.30 fro
(2) A change to a set of subheading 85 8518.90, whether or not there is also a c
(a) at least one of the component go originating, and
(b) the regional value content of the method; or
(3) A change to any other good of subh 8518.29 or 8518.90, whether or not ther gional value content of not less than 35
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 85
Electrical Machinery and Equipment an Image and Sound Recorders and Repro
8518.40
(1) A change to subheading 8518.40 fro
(2) A change to subheading 8518.40 fro any other heading, provided there is a r action value method. 8518.50
(1) A change to subheading 8518.50 fro
(2) A change to a set of subheading 85 not there is also a change from any oth
(a) at least one of the component go originating, and
(b) the regional value content of the method. 8518.90
A change to subheading 8518.90 from a
8519.10-8521.90
A change to any one of subheadings 85 subheading, including another subhead
85.22
A change to heading 85.22 from any oth
85.23-85.24
A change to headings 85.23 through 85 group.
8525.10-8525.40
(1) A change to subheadings 8525.10 th heading within that group; or
(2) A change to a gyrostabilized camer not there is also a change from any oth 8526.10-8526.92
A change to subheadings 8526.10 throu subheading within that group.
8527.12-8527.90
A change to subheadings 8527.12 throu subheading within that group.
85.28
(1) A change to heading 85.28 from an
(2) A change to heading 85.28 from he heading, provided there is a regional va method. 85.29
A change to heading 85.29 from any oth
8530.10-8530.80
(1) A change to subheadings 8530.10 th
(2) A change to subheadings 8530.10 th also a change from any other heading, cent under the transaction value metho 8530.90 8531.10-8531.80
A change to subheading 8530.90 from a
(1) A change to subheadings 8531.10 th
(2) A change to subheadings 8531.10 th also a change from any other heading, cent under the transaction value metho 8531.90
A change to subheading 8531.90 from a
8532.10-8532.30
A change to subheadings 8532.10 throu subheading within that group.
8532.90
A change to subheading 8532.90 from a
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 85
Electrical Machinery and Equipment an Image and Sound Recorders and Repro
8533.10-8533.90
A change to any one of subheadings 85 subheading, including another subhead
85.34
A change to heading 85.34 from any oth
8535.10-8535.90
(1) A change to subheadings 8535.10 th 8538.90; or
(2) A change to subheadings 8535.10 th also a change from any other heading, cent under the transaction value metho 8536.10-8536.90
(1) A change to subheadings 8536.10 th 8538.90; or
(2) A change to subheadings 8536.10 th also a change from any other heading, cent under the transaction value metho 85.37
(1) A change to heading 85.37 from an
(2) A change to heading 85.37 from he heading, provided there is a regional va method. 85.38 8539.10-8539.49
A change to heading 85.38 from any oth
(1) A change to subheadings 8539.10 th
(2) A change to subheadings 8539.10 th also a change from any other heading, cent under the transaction value metho 8539.90
A change to subheading 8539.90 from a
8540.11-8540.89
(1) A change to subheadings 8540.11 th
(2) A change to subheadings 8540.11 th whether or not there is also a change fr of not less than 35 per cent under the tr 8540.91-8540.99
A change to subheadings 8540.91 throu
8541.10-8542.90
A change to any one of subheadings 85 subheading, including another subhead
8543.11-8543.89
(1) A change to subheadings 8543.11 th
(2) A change to subheadings 8543.11 th also a change from any other heading, cent under the transaction value metho 8543.90
A change to subheading 8543.90 from a
8544.11-8544.60
A change to subheadings 8544.11 throu
8544.70
A change to subheading 8544.70 from a
85.45-85.48
A change to headings 85.45 through 85 group.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION XVII
Vehicles, Aircraft, Vessels and Asso (Chapters 86 Through 89) Chapter 86
Railway or Tramway Locomotives, Rol and Fittings and Parts Thereof; Mechan all Kinds
86.01-86.06
(1) A change to headings 86.01 throug that group, except from heading 86.07;
(2) A change to headings 86.01 throug from any other heading, including anot content of not less than 35 per cent und 86.07-86.09
A change to headings 86.07 through 86 group.
Chapter 87
Vehicles Other Than Railway or Tramw
87.01-87.02
A change to headings 87.01 through 87 group, provided there is a regional valu
8703.10
A change to subheading 8703.10 from a less than:
(a) 35 per cent where the transactio
(b) 25 per cent where the net cost m 8703.21-8703.90
A change to subheadings 8703.21 throu value content of not less than 20 per ce
87.04-87.06
A change to headings 87.04 through 87 group, provided there is a regional valu
87.07
(1) A change to heading 87.07 from an
(2) A change to heading 87.07 from he chapter, provided there is a regional va 8708.10-8708.94
(1) A change to subheadings 8708.10 t
(2) A change to any one of subheading heading 8708.99, whether or not there gional value content of not less than 30 8708.99
(1) A change to subheading 8708.99 fro
(2) A change to subheading 8708.99 fro from any other heading, provided there net cost method. 8709.11-8709.19
(1) A change to subheadings 8709.11 t
(2) A change to subheadings 8709.11 t also a change from any other heading, cent under the transaction value metho 8709.90
A change to subheading 8709.90 from a
87.10
A change to heading 87.10 from any ot
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 87
Vehicles Other Than Railway or Tramw
87.11-87.12
(1) A change to headings 87.11 throug that group, except from heading 87.14;
(2) A change to headings 87.11 throug from any other heading, including anot content of not less than 30 per cent und 87.13
A change to heading 87.13 from any ot
87.14-87.15
A change to headings 87.14 through 87 group.
8716.10-8716.80
(1) A change to subheadings 8716.10 t
(2) A change to subheadings 8716.10 t also a change from any other heading, cent under the transaction value metho 8716.90
A change to subheading 8716.90 from a
Chapter 88
Aircraft, Spacecraft, and Parts Thereof
88.01-88.05
A change to headings 88.01 through 88 group.
Chapter 89
Ships, Boats and Floating Structures
89.01-89.02
(1) A change to headings 89.01 throug
(2) A change to headings 89.01 throug er heading within that group, whether o there is a regional value content of not 8903.10
A change to subheading 8903.10 from w
8903.91-8903.99
A change to subheadings 8903.91 throu value content of not less than 30 per ce
89.04-89.05
(1) A change to headings 89.04 throug
(2) A change to headings 89.04 throug er heading within that group, whether o there is a regional value content of not 89.06
A change to heading 89.06 from any ot
8907.10
A change to subheading 8907.10 from w
8907.90
A change to subheading 8907.90 from a
89.08
A change to heading 89.08 from any ot
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION XVIII
Optical, Photographic, Cinematogr Precision, Medical or Surgical Instr and Watches; Musical Instruments (Chapters 90 Through 92) Chapter 90
Optical, Photographic, Cinematograph Instruments and Apparatus; Parts and
90.01
A change to heading 90.01 from any ot
90.02
A change to heading 90.02 from any ot
9003.11-9003.19
(1) A change to subheadings 9003.11 t
(2) A change to subheadings 9003.11 t also a change from any other heading, cent under the transaction value metho 9003.90
A change to subheading 9003.90 from
90.04
(1) A change to heading 90.04 from an
(2) A change to heading 90.04 from an change from any other chapter, provid der the transaction value method. 9005.10-9005.80
(1) A change to subheadings 9005.10 t
(2) A change to subheadings 9005.10 t also a change from any other heading, cent under the transaction value metho 9005.90
A change to subheading 9005.90 from
9006.10-9006.69
(1) A change to subheadings 9006.10 t
(2) A change to subheadings 9006.10 t whether or not there is also a change fr of not less than 35 per cent under the t 9006.91-9006.99
A change to subheadings 9006.91 throu
9007.11-9007.19
(1) A change to subheadings 9007.11 t
(2) A change to a gyrostabilized camer not there is also a change from any oth
(3) A change to any other good of sub whether or not there is also a change fr of not less than 35 per cent under the t 9007.20
(1) A change to subheading 9007.20 fr
(2) A change to subheading 9007.20 fr any other heading, provided there is a action value method. 9007.91-9007.92
A change to subheadings 9007.91 throu
9008.10-9008.40
(1) A change to subheadings 9008.10 t
(2) A change to subheadings 9008.10 t also a change from any other heading, cent under the transaction value metho
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 90
Optical, Photographic, Cinematograph Instruments and Apparatus; Parts and
9008.90
A change to subheading 9008.90 from
9009.11-9009.30
A change to subheadings 9009.11 throu subheading within that group.
9009.91-9009.99
A change to any one of subheadings 90 subheading within that group or any ot
9010.10-9010.49
A change to subheadings 9010.10 throu subheading within that group.
9010.50-9010.60
(1) A change to subheadings 9010.50 t
(2) A change to subheadings 9010.50 t also a change from any other heading, cent under the transaction value metho 9010.90
A change to subheading 9010.90 from
9011.10-9011.80
A change to subheadings 9011.10 throu subheading within that group.
9011.90
A change to subheading 9011.90 from
9012.10
A change to subheading 9012.10 from
9012.90
A change to subheading 9012.90 from
9013.10-9013.80
(1) A change to subheadings 9013.10 t
(2) A change to subheadings 9013.10 t also a change from any other heading, cent under the transaction value metho 9013.90
A change to subheading 9013.90 from
9014.10-9014.80
(1) A change to subheadings 9014.10 t
(2) A change to subheadings 9014.10 t also a change from any other heading, cent under the transaction value metho 9014.90
A change to subheading 9014.90 from
9015.10-9015.80
(1) A change to subheadings 9015.10 t
(2) A change to subheadings 9015.10 t also a change from any other heading, cent under the transaction value metho 9015.90
A change to subheading 9015.90 from
90.16
A change to heading 90.16 from any ot
9017.10-9017.80
(1) A change to subheadings 9017.10 t
(2) A change to subheadings 9017.10 t also a change from any other heading, cent under the transaction value metho 9017.90
A change to subheading 9017.90 from
9018.11-9021.90
A change to any one of subheadings 90 subheading, including another subhead
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 90
Optical, Photographic, Cinematograph Instruments and Apparatus; Parts and
9022.12-9022.30
A change to subheadings 9022.12 throu subheading within that group.
9022.90
A change to subheading 9022.90 from
90.23
A change to heading 90.23 from within
9024.10-9024.80
(1) A change to subheadings 9024.10 t
(2) A change to subheadings 9024.10 t also a change from any other heading, cent under the transaction value metho 9024.90
A change to subheading 9024.90 from
9025.11-9025.80
(1) A change to subheadings 9025.11 t
(2) A change to subheadings 9025.11 t also a change from any other heading, cent under the transaction value metho 9025.90
A change to subheading 9025.90 from
9026.10-9026.80
A change to subheadings 9026.10 throu subheading within that group.
9026.90
A change to subheading 9026.90 from
9027.10-9027.80
A change to subheadings 9027.10 throu subheading within that group.
9027.90
A change to subheading 9027.90 from
9028.10-9028.30
(1) A change to subheadings 9028.10 t
(2) A change to subheadings 9028.10 t also a change from any other heading, cent under the transaction value metho 9028.90
A change to subheading 9028.90 from
9029.10-9029.20
(1) A change to subheadings 9029.10 t
(2) A change to subheadings 9029.10 t also a change from any other heading, cent under the transaction value metho 9029.90
A change to subheading 9029.90 from
9030.10-9030.89
A change to any one of subheadings 90 subheading, including another subhead
9030.90
A change to subheading 9030.90 from
9031.10-9031.80
(1) A change to subheadings 9031.10 t
(2) A change to subheadings 9031.10 t also a change from any other heading, cent under the transaction value metho 9031.90
A change to subheading 9031.90 from
9032.10-9032.89
(1) A change to subheadings 9032.10 t
(2) A change to subheadings 9032.10 t also a change from any other heading, cent under the transaction value metho
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 90
Optical, Photographic, Cinematograph Instruments and Apparatus; Parts and
9032.90
A change to subheading 9032.90 from
90.33
A change to heading 90.33 from any ot
Chapter 91
Clocks and Watches and Parts Thereof
91.01-91.07
(1) A change to headings 91.01 throug that group, except from headings 91.08
(2) A change to headings 91.01 throug also a change from any other heading, regional value content of not less than 91.08-91.10
A change to headings 91.08 through 91 group, provided there is a regional valu method.
9111.10-9111.80
(1) A change to subheadings 9111.10 t
(2) A change to subheadings 9111.10 t also a change from any other heading, cent under the transaction value metho 9111.90
A change to subheading 9111.90 from
9112.20
(1) A change to subheading 9112.20 fr
(2) A change to subheading 9112.20 fr any other heading, provided there is a action value method. 9112.90
A change to subheading 9112.90 from
91.13-91.14
A change to headings 91.13 through 91 group.
Chapter 92
Musical Instruments; Parts and Access
92.01
(1) A change to heading 92.01 from an
(2) A change to heading 92.01 from he heading, provided there is a regional v ue method. 9202.10-9202.90
(1) A change to subheadings 9202.10 t 92.09;
(2) A change to guitars of subheading from any other heading, provided there transaction value method; or
(3) A change to any other good of sub not there is also a change from any oth than 50 per cent under the transaction 92.03-92.08
(1) A change to headings 92.03 throug that group, except from heading 92.09;
(2) A change to headings 92.03 throug from any other heading, including anot content of not less than 50 per cent und 92.09
Current to June 20, 2022
A change to heading 92.09 from any ot
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION XIX
Arms and Ammunition; Parts and (chapter 93) Chapter 93
Arms and Ammunition; Parts and Acce
93.01-93.04
(1) A change to headings 93.01 throug that group, except from heading 93.05;
(2) A change to headings 93.01 throug from any other heading, including anot content of not less than 50 per cent und 93.05
A change to heading 93.05 from any ot
9306.10-9306.90
(1) A change to subheadings 9306.10 t
(2) A change to subheadings 9306.10 t whether or not there is also a change fr of not less than 50 per cent under the tr 93.07
A change to heading 93.07 from any ot
SECTION XX
Miscellaneous Manufactured Artic (Chapters 94 Through 96) Chapter 94
Furniture; Bedding, Mattresses, Mattre Lighting Fittings, Not Elsewhere Speci the Like; Prefabricated Buildings
9401.10-9401.80
(1) A change to subheadings 9401.10 t
(2) A change to subheadings 9401.10 t also a change from any other heading, cent under the transaction value metho 9401.90
A change to subheading 9401.90 from
94.02
A change to heading 94.02 from any ot
9403.10-9403.80
(1) A change to subheadings 9403.10 t
(2) A change to subheadings 9403.10 t also a change from any other heading, cent under the transaction value metho 9403.90
A change to subheading 9403.90 from
9404.10-9404.30
A change to subheadings 9404.10 throu
9404.90
A change to subheading 9404.90 from 51.13, 52.08 through 52.12, 53.09 throu
9405.10-9405.60
(1) A change to subheadings 9405.10 t
(2) A change to subheadings 9405.10 t whether or not there is also a change fr of not less than 35 per cent under the t
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 94
Furniture; Bedding, Mattresses, Mattre Lighting Fittings, Not Elsewhere Speci the Like; Prefabricated Buildings
9405.91-9405.99
A change to subheadings 9405.91 throu
94.06
A change to heading 94.06 from any ot
Chapter 95
Toys, Games and Sport Requisites; Par
95.01
A change to heading 95.01 from any ot
9502.10
(1) A change to subheading 9502.10 fr
(2) A change to subheading 9502.10 fr also a change from any other heading, cent under the transaction value metho 9502.91-9502.99 9503.10-9503.90
A change to subheadings 9502.91 throu
(1) A change to subheadings 9503.10 t
(2) A change to a set of any one of sub any other subheading, provided that:
(a) at least one of the component g originating, and
(b) the regional value content of the method. 95.04-95.05
A change to headings 95.04 through 95 group.
9506.11-9506.29
A change to subheadings 9506.11 throu
9506.31
(1) A change to subheading 9506.31 fr
(2) A change to subheading 9506.31 fr any other heading, provided there is a action value method. 9506.32-9506.99
A change to subheadings 9506.32 throu
95.07-95.08
A change to headings 95.07 through 95 group.
Chapter 96
Miscellaneous Manufactured Articles
96.01-96.04
A change to headings 96.01 through 96 group.
96.05
A change to a set of heading 96.05 from
(a) at least one of the component go originating, and
(b) the regional value content of the method. 9606.10
A change to subheading 9606.10 from a
9606.21-9606.29
(1) A change to subheadings 9606.21 t
(2) A change to subheadings 9606.21 t also a change from any other heading, cent under the transaction value metho
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
Chapter 96
Miscellaneous Manufactured Articles
9606.30
A change to subheading 9606.30 from a
9607.11-9607.19
A change to subheadings 9607.11 throu subheading within that group.
9607.20
A change to subheading 9607.20 from a
9608.10-9608.40
(1) A change to subheadings 9608.10 t
(2) A change to subheadings 9608.10 t whether or not there is also a change fr of not less than 50 per cent under the tr 9608.50
(1) A change to subheading 9608.50 fro
(2) A change to a set of subheading 96 there is also a change from any other h
(a) at least one of the component go originating, and
(b) the regional value content of the method. 9608.60-9608.99
A change to subheadings 9608.60 throu subheading within that group.
9609.10-9609.90
A change to subheadings 9609.10 throu subheading within that group.
96.10
A change to heading 96.10 from any ot
96.11
(1) A change to heading 96.11 from an (2) A change to a set of heading 96.11
(a) at least one of the component go originating, and
(b) the regional value content of the method. 96.12 9613.10-9613.80
A change to heading 96.12 from any ot
(1) A change to subheadings 9613.10 t
(2) A change to subheadings 9613.10 t also a change from any other heading, cent under the transaction value metho 9613.90
A change to subheading 9613.90 from a
96.14
(1) A change to heading 96.14 from an
(2) A change to a pipe or pipe bowl of is also a change from any other headin 9615.11-9615.19
(1) A change to subheadings 9615.11 t
(2) A change to subheadings 9615.11 t also a change from any other heading, cent under the transaction value metho 9615.90
A change to subheading 9615.90 from a
96.16-96.18
A change to headings 96.16 through 96 group.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I Specific Rules of Origin
SECTION XXI
Works of Art, Collectors’ Pieces an (chapter 97) Chapter 97
Works of Art, Collectors’ Pieces and An
97.01-97.06
A change to headings 97.01 through 97 group.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
ANNEXE I
Règles d’origine spécifique
1 (1) Les définitions qui suivent s’appliquent à la présente annex
alevin Poisson non mature au stade post-larvaire, y compris les je
voile Tissu fait entièrement de fils simples de polyester, titrant au l’état naturel) ayant 24 filaments par fil et d’une torsion de 900 tou (2) Pour l’application de la présente annexe :
a) la règle spécifique, ou l’ensemble de règles spécifiques, qui tarifaire; b) l’exigence de changement de classement tarifaire ou toute qu’aux matières non originaires;
c) sauf indication contraire du Système harmonisé, le poids m pitres 1 à 24 s’entend du poids sec;
d) dans le cas ou deux règles ou plus s’appliquent à un poste contient une phrase débutant par l’expression « qu’il y ait ou n
(i) le changement de classement tarifaire précisé dans la ph du changement prévu dans la première règle applicable au p
(ii) le seul changement de classement tarifaire admis par l’ le changement précisé dans la phrase débutant par l’express
(iii) sauf indication contraire, seule la valeur des matières en compte dans le calcul de la teneur en valeur régionale pr
(iv) la valeur de toute matière non originaire remplissant phrase commençant par l’expression « qu’il y ait ou non » régionale prévue dans la règle.
SECTION I
Animaux vivants et produits du règ (chapitres 1-5) Chapitre 1
Animaux vivants
01.01-01.06
Un changement aux positions 01.01 à 0
Chapitre 2
Viandes et abats comestibles
02.01-02.10
Un changement aux positions 02.01 à 0
Chapitre 3
Poissons et crustacés, mollusques et a
0301.10-0301.99
(1) Un changement aux sous-positions
(2) Un changement à l’une des sous-p 03.02-03.03
(1) Un changement aux positions 03.0
(2) Un changement aux positions 03.0
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 3
Poissons et crustacés, mollusques et a
03.04
(1) Un changement à la position 03.04
(2) Un changement à la position 03.04 0302.39, 0302.61, 0302.65, 0302.69, 030 0305.10-0305.20
Un changement aux sous-positions 030 chapitre.
0305.30
Un changement à la sous-position 0305 0302.23, 0302.31 à 0302.39, 0302.61, 03 0303.75, 0303.77 ou 0303.79.
0305.41-0305.42
Un changement aux sous-positions 030 sous-position à l’intérieur de ce groupe
0305.49
Un changement à la sous-position 0305 0302.31 à 0302.39, 0302.61, 0302.65, 03 0303.79.
0305.51
Un changement à la sous-position 0305
0305.59
Un changement à la sous-position 0305 0302.23, 0302.31 à 0302.39, 0302.61, 03 0303.75, 0303.77 ou 0303.79.
0305.61-0305.63
Un changement aux sous-positions 030 sous-position à l’intérieur de ce groupe
0305.69
Un changement à la sous-position 0305 0302.23, 0302.31 à 0302.39, 0302.61, 03 0303.75, 0303.77 ou 0303.79.
0306.11-0306.14
Un changement aux sous-positions 030
0306.19
Un changement à la sous-position 0306
0306.21-0306.24
(1) Un changement aux sous-positions
(2) Un changement à des crustacés de depuis des larves de la sous-position. 0306.29
Un changement à la sous-position 0306
0307.10-0307.99
(1) Un changement aux sous-positions
(2) Un changement à des mollusques sous-positions 0307.10 à 0307.99, depu Chapitre 4
Lait et produits de la laiterie; œufs d’oi dénommés ni compris ailleurs
04.01-04.10
Un changement aux positions 04.01 à 0 la sous-position 1901.90 contenant plus
Chapitre 5
Produits d’origine animale, non dénom
05.01-05.11
Un changement aux positions 05.01 à 0
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION II
Produits du règne végétal (chapitres 6-14)
Note : Les produits agricoles et horticoles cultivés sur le territ du territoire de ce pays ALÉCCR même s’ils sont cultiv greffons ou d’autres parties de plantes vivantes importé Chapitre 6
Plantes vivantes et produits de la floric
06.01-06.04
Un changement aux positions 06.01 à 0
Chapitre 7
Légumes, plantes, racines et tubercule
07.01-07.14
Un changement aux positions 07.01 à 0
Chapitre 8
Fruits comestibles; écorces d’agrumes
08.01-08.12
Un changement aux positions 08.01 à 0
0813.10-0813.40
Un changement aux sous-positions 081
0813.50
Un changement à la sous-position 0813 sous-position 0802.90, de la position 08 08.07 ou de la sous-position 0813.40.
08.14
(1) Un changement à la position 08.14
(2) Un changement à l’écorce d’agrum 08.14, de l’écorce d’agrumes fraîche de toute autre position. Chapitre 9
Café, thé, maté et épices
09.01
Un changement à la position 09.01 de t
0902.10-0902.40
Un changement à l’une des sous-positi autre sous-position, y compris une autr
09.03
Un changement à la position 09.03 de t
0904.11-0910.99
Un changement à l’une des sous-positi autre sous-position, y compris une autr 0709.60, 0904.20, 0908.30 ou 0910.10.
Chapitre 10
Céréales
10.01-10.08
Un changement aux positions 10.01 à 1
Chapitre 11
Produits de la minoterie; malt; amidon
11.01-11.03
Un changement aux positions 11.01 à 1
1104.12
Un changement à la sous-position 1104
1104.19-1104.30
(1) Un changement aux grains d’orge sous-position ou de toute autre sous-p
(2) Un changement à tout autre produ
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 11
Produits de la minoterie; malt; amidon
11.05-11.07
Un changement aux positions 11.05 à 1
1108.11-1108.13
Un changement aux sous-positions 110
1108.14
Un changement à la sous-position 1108
1108.19-1108.20
Un changement aux sous-positions 110
11.09
Un changement à la position 11.09 de t
Chapitre 12
Graines et fruits oléagineux; graines, s pailles et fourrages
12.01-12.07
Un changement aux positions 12.01 à 1
12.08
Un changement à la position 12.08 de t
12.09-12.14
Un changement aux positions 12.09 à 1
Chapitre 13
Gommes, résines et autres sucs et extr
13.01-13.02
Un changement aux positions 13.01 à 1 de la sous-position 2939.11.
Chapitre 14
Matières à tresser et autres produits d
14.01-14.04
Un changement aux positions 14.01 à 1
SECTION III
Graisses et huiles animales ou vég dissociation; graisses alimentaires animale ou végétale (chapitre 15) Chapitre 15
Graisses et huiles animales ou végétal cires d’origine animale ou végétale
15.01-15.12
Un changement aux positions 15.01 à
1513.11-1513.19
Un changement aux sous-positions 15
1513.21-1513.29
Un changement aux sous-positions 15 1207.10.
15.14-15.15
Un changement aux positions 15.14 à
1516.10
(1) Un changement à un produit de la produits du phoque, de toute autre pos
(2) Un changement à tout autre produ 1516.20
Current to June 20, 2022
Un changement à la sous-position 151
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 15
Graisses et huiles animales ou végétal cires d’origine animale ou végétale
15.17-15.18
Un changement aux positions 15.17 à
15.20-15.22
Un changement aux positions 15.20 à
SECTION IV
Produits des industries alimentaire et vinaigres; tabacs et succédanés (chapitres 16-24) Chapitre 16
Préparations de viandes, de poissons o
16.01-16.02
Un changement aux positions 16.01 à mécaniquement de la position 02.07, s 0206.49 ou de tout autre produit de la p
16.03-16.05
Un changement aux positions 16.03 à
Chapitre 17
Sucres et sucreries
17.01-17.03
Un changement aux positions 17.01 à
17.04
Un changement à la position 17.04 de
Chapitre 18
Cacao et ses préparations
18.01-18.02
Un changement aux positions 18.01 à
18.03
Un changement à la position 18.03 de
18.04-18.05
Un changement aux positions 18.04 à l’intérieur de ce groupe, sauf de la pos
18.06
Un changement à la position 18.06 de
Chapitre 19
Préparations à base de céréales, de far
1901.10
Un changement à la sous-position 190
1901.20
(1) Un changement à la sous-position
(2) Un changement aux mélanges et p poids de matières grasses du beurre, n sauf du chapitre 4. 1901.90
(1) Un changement à la sous-position
(2) Un changement aux préparations à 100 en poids de matières solides prove 19.02-19.03
Un changement aux positions 19.02 à l’intérieur de ce groupe.
1904.10-1904.20
Un changement aux sous-positions 19
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 19
Préparations à base de céréales, de far
1904.30-1904.90
Un changement aux sous-positions 19
19.05
Un changement à la position 19.05 de
Chapitre 20
Préparations de légumes, de fruits ou d
20.01-20.04
Un changement aux positions 20.01 à 2
2005.10
Un changement à la sous-position 2005
2005.20-2005.90
Un changement aux sous-positions 200
20.06
Un changement à la position 20.06 de t
2007.10
Un changement à la sous-position 2007
2007.91-2007.99
Un changement aux sous-positions 200
2008.11-2008.19
Un changement aux sous-positions 200
2008.20
Un changement à la sous-position 2008
2008.30-2008.99
Un changement aux sous-positions 200
2009.11-2009.90
Un changement à l’une des sous-positi autre sous-position, y compris une autr
Chapitre 21
Préparations alimentaires diverses
2101.11-2101.12
Un changement aux sous-positions 21
2101.20-2101.30
Un changement aux sous-positions 21
2102.10
Un changement à la sous-position 210 position.
2102.20-2102.30
Un changement aux sous-positions 21
2103.10-2103.20
Un changement aux sous-positions 21
2103.30
Un changement à la sous-position 210 position.
2103.90
Un changement à la sous-position 210
21.04
Un changement à la position 21.04 de
21.05
Un changement à la position 21.05 de de lait de la sous-position 1901.90 cont lait.
21.06
(1) Un changement à la position 21.06
(2) Un changement aux jus de fruits o la position 21.06 de toute autre positio l’enrichissement par minéraux et par v
(3) Un changement aux préparations d tières solides provenant du lait de tout lait contenant plus de 10 p. 100 en poid 1901.90; ou
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 21
Préparations alimentaires diverses
(4) Un changement aux préparations c 0,5 p. 100 vol, des types utilisés pour la positions 22.03 à 22.09. Chapitre 22
Boissons, liquides alcooliques et vinaig
22.01
Un changement à la position 22.01 de
2202.10
Un changement à la sous-position 220
2202.90
(1) Un changement à la sous-position
(2) Un changement aux boissons cont mines de la sous-position 2202.90 de t du résultat de l’enrichissement par min
(3) Un changement aux boissons cont sauf du chapitre 4 ou des préparations 100 en poids de matières solides prove 22.03-22.07
Un changement aux positions 22.03 à positions 22.08 à 22.09.
2208.20
Un changement à la sous-position 220 22.09.
2208.30
Un changement à la sous-position 220 position, à la condition que le volume 22.03 à 22.09 ne dépasse pas 10 p. 100
2208.40
Un changement à la sous-position 220 position, à la condition que le volume position 2208.40 ne dépasse pas 10 p.
2208.50-2208.60
Un changement à l’une des sous-posit autre sous-position, y compris une aut volume alcoométrique total des matièr 100 du volume du titre alcoométrique
2208.70
Un changement à la sous-position 220 position, sauf des chapitres 9 ou 21, à originaires des positions 22.03 à 22.09 produit.
2208.90
Un changement à la sous-position 220 22.09.
22.09
Un changement à la position 22.09 de
Chapitre 23
Résidus et déchets des industries alim
23.01-23.08
Un changement aux positions 23.01 à
2309.10
Un changement à la sous-position 230
2309.90
(1) Un changement aux préparations u 100 en poids de matières solides prove sauf du chapitre 4, des préparations à en poids de matières solides provenan
(2) Un changement à tout autre produ tions 23.04 ou 23.06.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 24
Tabacs et succédanés de tabac fabriqu
24.01
Un changement à la position 24.01 de t
24.02
Un changement à la position 24.02 de t 2403.10.
24.03
Un changement à la position 24.03 de t
SECTION V
Produits minéraux (chapitres 25-27) Chapitre 25
Sel; soufre; terres et pierres; plâtres, c
25.01-25.30
Un changement aux positions 25.01 à
Chapitre 26
Minerais, scories et cendres
26.01-26.21
Un changement aux positions 26.01 à
Chapitre 27
Combustibles minéraux, huiles minéra minérales
27.01-27.03
Un changement aux positions 27.01 à
27.04
Un changement à la position 27.04 de
27.05-27.09
Un changement aux positions 27.05 à
27.10
(1) Un changement à la position 27.10
(2) Un changement à un produit de la également un changement de toute au tion atmosphérique, de la distillation s catalytique, du reformage catalytique, quage thermique ou de la cokéfaction. 27.11-27.16
Un changement aux positions 27.11 à l’intérieur de ce groupe.
SECTION VI
Produits des industries chimiques (chapitres 28-38) Chapitre 28
Produits chimiques, inorganiques; com d’éléments radioactifs, de métaux des
2801.10-2803.00
Un changement aux sous-positions 280 sous-position à l’intérieur de ce groupe
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 28
Produits chimiques, inorganiques; com d’éléments radioactifs, de métaux des
2804.10-2804.50
Un changement aux sous-positions 280 sous-position à l’intérieur de ce groupe
2804.61-2804.69
(1) Un changement aux sous-positions groupe; ou
(2) Un changement aux sous-positions groupe, qu’il y ait ou non également un condition que la teneur en valeur régio transactionnelle. 2804.70-2804.90
Un changement aux sous-positions 280 sous-position à l’intérieur de ce groupe
2805.11-2820.90
Un changement aux sous-positions 280 sous-position à l’intérieur de ce groupe
2821.10-2821.20
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions groupe, qu’il y ait ou non également un en valeur régionale ne soit pas inférieu 28.22-28.23
Un changement aux positions 28.22 à 2 l’intérieur de ce groupe.
2824.10-2824.90
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions groupe, qu’il y ait ou non également un en valeur régionale ne soit pas inférieu 2825.10-2841.90
Un changement aux sous-positions 282 sous-position à l’intérieur de ce groupe
2842.10
(1) Un changement aux silicates doubl chimique définie, de la sous-position 28 de la sous-position 2842.10 ou de toute
(2) Un changement aux aluminosilicat 2842.10 de toute autre chapitre, sauf de
(3) Un changement aux aluminosilicat 2842.10 des silicates doubles ou compl nie, de la sous-position 2842.10 ou de t ait ou non également un changement d nale ne soit pas inférieure à 30 p. 100 s 2842.90
Un changement à la sous-position 2842
2843.10-2850.00
Un changement aux sous-positions 284 sous-position à l’intérieur de ce groupe
28.51
Un changement à la position 28.51 de t
Chapitre 29
Produits chimiques organiques
2901.10-2902.90
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2903.11-2903.14
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 29
Produits chimiques organiques
2903.15
(1) Un changement à la sous-position 29.02; ou
(2) Un changement à la sous-position changement de toute autre sous-positi rieure à 50 p. 100 selon la méthode de 2903.19
Un changement à la sous-position 290
2903.21
(1) Un changement à la sous-position 29.02; ou
(2) Un changement à la sous-position changement de toute autre sous-positi rieure à 50 p. 100 selon la méthode de 2903.22-2903.29
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2903.30
(1) Un changement à la sous-position 29.02; ou
(2) Un changement à la sous-position changement de toute autre sous-positi rieure à 50 p. 100 selon la méthode de 2903.41-2903.69
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux sous-positions également un changement de toute au des sous-positions 2903.41 à 2903.69, à rieure à 50 p. 100 selon la méthode de 2904.10-2904.90
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux sous-positions également un changement de toute au des sous-positions 2904.10 à 2904.90, à rieure à 50 p. 100 selon la méthode de 2905.11-2907.29
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2908.10-2908.90
(1) Un changement aux sous-positions 29.07; ou
(2) Un changement aux sous-positions groupe ou de la position 29.07, qu’il y a condition que la teneur en valeur régio transactionnelle. 2909.11-2912.60
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
29.13
(1) Un changement à la position 29.13
(2) Un changement à la position 29.13 de toute autre position, à la condition q selon la méthode de la valeur transacti 2914.11-2914.70
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2915.11-2915.21
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 29
Produits chimiques organiques
2915.22-2915.29
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux sous-positions également un changement de toute au ce groupe, à la condition que la teneur thode de la valeur transactionnelle. 2915.31-2915.90
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux sels valproïqu position 2915.90. 2916.11-2917.39
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2918.11-2918.21
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2918.22-2918.23
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux sous-positions également un changement de toute au ce groupe, à la condition que la teneur thode de la valeur transactionnelle. 2918.29-2918.30
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux parabens de la sous-position 2918.29. 2918.90
(1) Un changement à la sous-position 2908.10 ou 2915.40; ou
(2) Un changement à la sous-position également un changement de toute au ne soit pas inférieure à 50 p. 100 selon 29.19
Un changement à la position 29.19 de
2920.10-2920.90
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2921.11-2921.12
(1) Un changement aux sous-positions 29.01, 29.02, 29.04, 29.16, 29.17 ou 29.2
(2) Un changement aux sous-positions position 29.21, y compris une autre sou 29.04, 29.16, 29.17 ou 29.26, qu’il y ait o condition que la teneur en valeur régio transactionnelle. 2921.19
Un changement à la sous-position 292
2921.21-2921.29
(1) Un changement aux sous-positions 29.01, 29.02, 29.04, 29.16, 29.17 ou 29.2
(2) Un changement aux sous-positions position 29.21, y compris une autre sou 29.04, 29.16, 29.17 ou 29.26, qu’il y ait o condition que la teneur en valeur régio transactionnelle. 2921.30
Current to June 20, 2022
Un changement à la sous-position 292
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 29
Produits chimiques organiques
2921.41-2921.59
(1) Un changement aux sous-positions 29.01, 29.02, 29.04, 29.16, 29.17 ou 29.2
(2) Un changement aux sous-positions position 29.21, y compris une autre sou 29.04, 29.16, 29.17 ou 29.26, qu’il y ait o condition que la teneur en valeur régio transactionnelle. 2922.11-2923.90
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2924.10
Un changement à la sous-position 292
2924.21
(1) Un changement à la sous-position 2917.20; ou
(2) Un changement à la sous-position un changement de toute autre sous-po inférieure à 50 p. 100 selon la méthode 2924.23-2924.29
(1) Un changement aux sous-positions groupe, sauf de la sous-position 2917.2
(2) Un changement aux sous-positions groupe ou de la sous-position 2917.20, tion à l’extérieur de ce groupe, à la con p. 100 selon la méthode de la valeur tra 2925.11-2928.00
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2929.10
Un changement à la sous-position 292
2929.90
(1) Un changement à la sous-position
(2) Un changement à la sous-position gement de toute autre sous-position, à rieure à 50 p. 100 selon la méthode de 2930.10-2930.90
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
29.31
Un changement à la position 29.31 de
2932.11-2933.99
Un changement aux sous-positions 29 sous-position à l’intérieur de ce groupe
2934.10-2934.99
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux acides nucléiq hétérocyclique des sous-positions 2934 29.35
Un changement à la position 29.35 de
2936.10-2937.90
Un changement à l’une des sous-posit autre sous-position, y compris une aut
2938.10-2938.90
(1) Un changement aux sous-positions 29.40; ou
(2) Un changement aux sous-positions groupe ou de la position 29.40, qu’il y a condition que la teneur en valeur régio transactionnelle.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 29
Produits chimiques organiques
2939.11
(1) Un changement aux concentrés de position, sauf du chapitre 13; ou
(2) Un changement à tout autre produ de toute autre sous-position, sauf de la 2939.19-2939.99
Un changement à l’une des sous-posit autre sous-position, y compris une aut
29.40
(1) Un changement à la position 29.40
(2) Un changement à la position 29.40 de toute autre position, à la condition q selon la méthode de la valeur transacti 2941.10-2941.90
Un changement à l’une des sous-posit autre sous-position, y compris une aut
29.42
Un changement à la position 29.42 de
Chapitre 30
Produits pharmaceutiques
3001.10-3005.90
Un changement à l’une des sous-positi autre sous-position, y compris une aut
3006.10-3006.60
Un changement à l’une des sous-positi autre sous-position, y compris une aut
3006.70
(1) Un changement à la sous-position
(2) Un changement à la sous-position 38, sauf de la sous-position 3006.80, qu la condition que la teneur en valeur rég valeur transactionnelle. 3006.80
Un changement à la sous-position 3006
Chapitre 31
Engrais
3101.00-3105.90
Un changement à l’une des sous-positi autre sous-position, y compris une autr
Chapitre 32
Extraits tannants ou tinctoriaux; tanins et vernis; mastics; encres
3201.10-3210.00
Un changement à l’une des sous-positi autre sous-position, y compris une autr
32.11
Un changement à la position 32.11 de t
3212.10-3212.90
Un changement aux sous-positions 321 sous-position à l’intérieur de ce groupe
3213.10
Un changement à un ensemble de la so
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. 3213.90
Current to June 20, 2022
Un changement à la sous-position 3213 position.
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 32
Extraits tannants ou tinctoriaux; tanins et vernis; mastics; encres
32.14-32.15
Un changement aux positions 32.14 à 3 l’intérieur de ce groupe.
Chapitre 33
Huiles essentielles et résinoïdes; produ cosmétiques
3301.11-3301.90
Un changement aux sous-positions 330 sous-position à l’intérieur de ce groupe
33.02
Un changement à la position 33.02 de t
33.03
(1) Un changement à la position 33.03
(2) Un changement à la position 33.03 gement de toute autre position, à la con p. 100 selon la méthode de la valeur tra 33.04-33.07
Un changement aux positions 33.04 à 3 l’intérieur de ce groupe.
Chapitre 34
Savons, agents de surface organiques, artificielles, cires préparées, produits d pour l’art dentaire » et compositions p
3401.11-3401.20
Un changement aux sous-positions 340
3401.30
Un changement à la sous-position 3401
3402.11
Un changement à la sous-position 3402 sulfonique linéaire ou aux sulfonates d l’alkylbenzène linéaire de la position 38
3402.12-3402.19
Un changement aux sous-positions 340 sous-position à l’intérieur de ce groupe
3402.20
Un changement à la sous-position 3402
3402.90
Un changement à la sous-position 3402
3403.11-3404.90
Un changement aux sous-positions 340 sous-position à l’intérieur de ce groupe
34.05-34.06
Un changement aux positions 34.05 à 3 l’intérieur de ce groupe.
34.07
(1) Un changement à la position 34.07
(2) Un changement à un ensemble de lement un changement de toute autre p
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. Chapitre 35
Matières albuminoïdes; produits à base
3501.10-3501.90
Un changement aux sous-positions 350 sous-position à l’intérieur de ce groupe
3502.11-3502.19
Un changement aux sous-positions 350
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 35
Matières albuminoïdes; produits à base
3502.20-3502.90
Un changement aux sous-positions 350 sous-position à l’intérieur de ce groupe
35.03-35.04
Un changement aux positions 35.03 à 3 l’intérieur de ce groupe.
3505.10
Un changement à la sous-position 3505
3505.20
(1) Un changement à la sous-position 3505.10; ou
(2) Un changement à la sous-position un changement de toute autre sous-po inférieure à 50 p. 100 selon la méthode 35.06
Un changement à la position 35.06 de t
3507.10-3507.90
Un changement aux sous-positions 350 sous-position à l’intérieur de ce groupe
Chapitre 36
Poudres et explosifs; produits de pyrot
36.01-36.06
Un changement aux positions 36.01 à 3 l’intérieur de ce groupe.
Chapitre 37
Produits photographiques ou cinémato
37.01-37.02
Un changement aux positions 37.01 à 3
37.03-37.07
Un changement aux positions 37.03 à 3 l’intérieur de ce groupe.
Chapitre 38
Produits divers des industries chimiqu
3801.10-3802.90
Un changement aux sous-positions 380 sous-position à l’intérieur de ce groupe
38.03-38.04
Un changement aux positions 38.03 à 3 l’intérieur de ce groupe.
3805.10-3806.90
Un changement aux sous-positions 380 sous-position à l’intérieur de ce groupe
38.07
Un changement à la position 38.07 de t
3808.10-3809.93
Un changement aux sous-positions 380 sous-position à l’intérieur de ce groupe
38.10
Un changement à la position 38.10 de t
3811.11-3811.90
Un changement aux sous-positions 381 sous-position à l’intérieur de ce groupe
38.12-38.14
Un changement aux positions 38.12 à 3 l’intérieur de ce groupe.
3815.11-3815.90
Un changement aux sous-positions 381 sous-position à l’intérieur de ce groupe
38.16
Un changement à la position 38.16 de t
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 38
Produits divers des industries chimiqu
38.17-38.19
Un changement aux positions 38.17 à 3 l’intérieur de ce groupe.
38.20
(1) Un changement à la position 38.20 2905.49; ou
(2) Un changement à la position 38.20 ment un changement de toute autre po inférieure à 50 p. 100 selon la méthode 38.21-38.22
Un changement aux positions 38.21 à 3 l’intérieur de ce groupe.
3823.11-3823.70
Un changement aux sous-positions 382 sous-position à l’intérieur de ce groupe
3824.10-3824.20
Un changement aux sous-positions 382 sous-position à l’intérieur de ce groupe
3824.30
(1) Un changement à la sous-position
(2) Un changement à la sous-position gement de toute autre sous-position, à rieure à 50 p. 100 selon la méthode de 3824.40-3824.60
Un changement aux sous-positions 382 sous-position à l’intérieur de ce groupe
3824.71-3824.79
(1) Un changement aux sous-positions 38; ou
(2) Un changement aux sous-positions chapitres 28 à 38, y compris une autre ment un changement de tout autre cha inférieure à 50 p. 100 selon la méthode 3824.90
(1) Un changement à la sous-position
(2) Un changement à la sous-position 38, qu’il y ait ou non également un cha valeur régionale ne soit pas inférieure à 3825.10-3825.69
Un changement aux sous-positions 382 ou 90.
3825.90
(1) Un changement à la sous-position
(2) Un changement à la sous-position 38, qu’il y ait ou non également un cha valeur régionale ne soit pas inférieure à
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION VII
Matières plastiques et ouvrages en ouvrages en caoutchouc (chapitres 39-40) Chapitre 39
Matières plastiques et ouvrages en ces
39.01-39.19
Un changement aux positions 39.01 à 3 l’intérieur de ce groupe, à la condition q selon la méthode de la valeur transacti
3920.10-3921.90
Un changement à l’une des sous-positi autre sous-position, y compris une autr teneur en valeur régionale ne soit pas i transactionnelle.
39.22-39.26
Un changement aux positions 39.22 à 3 l’intérieur de ce groupe, à la condition q selon la méthode de la valeur transacti
Chapitre 40
Caoutchouc et ouvrages en caoutchou
40.01-40.04
Un changement aux positions 40.01 à 4 l’intérieur de ce groupe.
40.05
(1) Un changement à la position 40.05
(2) Un changement à la position 40.05 non également un changement de tout soit pas inférieure à 55 p. 100 selon la m 4006.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position ait ou non également un changement d nale ne soit pas inférieure à 55 p. 100 s 4006.90
(1) Un changement aux articles de la s
(2) Un changement à d’autres formes d
(3) Un changement à d’autres formes d chapitre 40, qu’il y ait ou non égalemen neur en valeur régionale ne soit pas inf 40.07-40.17
Current to June 20, 2022
Un changement aux positions 40.07 à 4 l’intérieur de ce groupe.
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION VIII
Peaux, cuirs, pelleteries et ouvrage bourrellerie ou de sellerie; articles contenants similaires; ouvrages en (chapitres 41-43) Chapitre 41
Peaux (autres que les pelleteries) et cu
41.01
(1) Un changement aux cuirs ou peau (y compris de prétannage) réversible d ou
(2) Un changement à tout autre produ 41.02
(1) Un changement aux cuirs ou peau (y compris de prétannage) réversible d ou
(2) Un changement à tout autre produ 41.03
(1) Un changement aux cuirs ou peau (y compris de prétannage) réversible d ou
(2) Un changement à tout autre produ 4104.11-4104.19
Un changement aux sous-positions 41 la position 41.01 qui ont fait l’objet d’u
4104.41-4104.49
(1) Un changement aux sous-position de la position 41.01 qui ont fait l’objet ou
(2) Un changement aux sous-position non retannés des sous-positions 4104. autre position, à la condition que la ten méthode de la valeur transactionnelle. 41.05
Un changement à la position 41.05 de retannés de la position 41.05 ou de tou
41.06
Un changement à la position 41.06 de retannés de la position 41.06 ou de tou
41.07
(1) Un changement à la position 41.07 peaux de la position 41.01 qui ont fait l sible; ou
(2) Un changement à la position 41.07 traitement de tannage (y compris de p retannés de la position 41.04, qu’il y ai sition 41.01 ou de tout autre chapitre, à rieure à 45 p. 100 selon la méthode de 41.12
Un changement à la position 41.12 de retannés de la position 41.05 ou de tou
41.13
Un changement à la position 41.13 de retannés de la position 41.06 ou de tou
4114.10
Un changement à la sous-position 411
4114.20
Un changement à la sous-position 411 positions 41.04 à 41.13 qui ont été reta
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 41
Peaux (autres que les pelleteries) et cu
4115.10-4115.20
Un changement aux sous-positions 41 sous-position à l’intérieur de ce groupe
Chapitre 42
Ouvrages en cuir; articles de bourrelle similaires; ouvrages en boyaux
42.01-42.06
Un changement aux positions 42.01 à l’intérieur de ce groupe.
Chapitre 43
Pelleteries et fourrures; pelleteries fact
43.01-43.04
Un changement aux positions 43.01 à 4 l’intérieur de ce groupe.
SECTION IX
Bois, charbon de bois et ouvrages liège; ouvrages de sparterie ou de (chapitres 44-46) Chapitre 44
Bois, charbon de bois et ouvrages en b
44.01-44.06
Un changement aux positions 44.01 à 4 l’intérieur de ce groupe.
44.07
Un changement à la position 44.07 de t
44.08
(1) Un changement aux feuilles pour p 44.08 de tout autre produit de la positio
(2) Un changement à tout autre produ 44.09-44.21
Un changement aux positions 44.09 à 4 l’intérieur de ce groupe.
Chapitre 45
Liège et ouvrages en liège
45.01-45.04
Un changement aux positions 45.01 à 4 l’intérieur de ce groupe.
Chapitre 46
Ouvrages de sparterie ou de vannerie
46.01-46.02
Un changement aux positions 46.01 à l’intérieur de ce groupe.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION X
Pâtes de bois ou d’autres matières ou carton à recycler (déchets et reb (chapitres 47-49) Chapitre 47
Pâtes de bois ou d’autres matières fibr
47.01-47.07
Un changement aux positions 47.01 à 4 l’intérieur de ce groupe.
Chapitre 48
Papiers et cartons; ouvrages en pâte de
48.01
Un changement à la position 48.01 de t
48.02
(1) Un changement aux papiers ou car pas 15 cm ou en feuilles carrées ou rec l’autre côté n’excède pas 15 cm à l’état 48.02 ou de toute autre position; ou
(2) Un changement à tout autre produi 48.03-48.09
Un changement aux positions 48.03 à 4 l’intérieur de ce groupe.
4810.13-4811.90
(1) Un changement aux papiers ou car pas 15 cm ou en feuilles carrées ou rec l’autre côté n’excède pas 15 cm à l’état des sous-positions 4810.13 à 4811.90 o
(2) Un changement à tout autre produi sous-position ou de toute autre sous-po groupe. 48.12-48.15
Un changement aux positions 48.12 à 4 l’intérieur de ce groupe.
48.16
Un changement à la position 48.16 de t
48.17
Un changement à la position 48.17 de t
4818.10-4818.30
Un changement aux sous-positions 481
4818.40-4818.90
Un changement aux sous-positions 481
48.19-48.22
Un changement aux positions 48.19 à 4 l’intérieur de ce groupe.
48.23
(1) Un changement aux papiers ou car 15 cm ou en feuilles carrées ou rectang côté n’excède pas 15 cm, à l’état non p autre position; ou
(2) Un changement à tout autre produi Chapitre 49
Produits de l’édition, de la presse ou de dactylographiés et plans
49.01-49.11
Un changement aux positions 49.01 à 4
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION XI
Matières textiles et ouvrages en ce (chapitres 50-63)
Note : Les règles applicables aux textiles et aux vêtements do ments). Aux fins de ces règles, le terme entièrement dé mentionnée. Chapitre 50
Soie
50.01-50.03
Un changement aux positions 50.01 à 5
50.04-50.06
Un changement aux positions 50.04 à 5
50.07
Un changement à la position 50.07 de t
Chapitre 51
Laine, poils fins ou grossiers; fils et tiss
51.01-51.05
Un changement aux positions 51.01 à 5
51.06-51.10
Un changement aux positions 51.06 à 5
51.11-51.13
Un changement aux positions 51.11 à 5 positions 51.06 à 51.10, 52.05 à 52.06, 5
Chapitre 52
Coton
52.01-52.07
Un changement aux positions 52.01 à 5 55.01 à 55.07.
52.08-52.12
Un changement aux positions 52.08 à 5 positions 51.06 à 51.10, 52.05 à 52.06, 5
Chapitre 53
Autres fibres textiles végétales; fils de
53.01-53.05
Un changement aux positions 53.01 à
53.06-53.08
Un changement aux positions 53.06 à
53.09
Un changement à la position 53.09 de
53.10-53.11
Un changement aux positions 53.10 à positions 53.07 à 53.08.
Chapitre 54
Filaments synthétiques ou artificiels
54.01-54.06
Un changement aux positions 54.01 à 5 55.01 à 55.07.
54.07
(1) Un changement au voile de la sous
(2) Un changement à tout autre produ 51.06 à 51.10, 52.05 à 52.06 ou 55.09 à 54.08
Current to June 20, 2022
Un changement à la position 54.08 de ou 55.09 à 55.10.
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 55
Fibres synthétiques ou artificielles disc
55.01-55.11
Un changement aux positions 55.01 à 5 54.01 à 54.05.
55.12-55.16
Un changement aux positions 55.12 à 5 positions 51.06 à 51.10, 52.05 à 52.06, 5
Chapitre 56
Ouates, feutres et non tissés; fils spéci
56.01-56.09
Un changement aux positions 56.01 à 5 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11 o
Chapitre 57
Tapis et autres revêtements de sol en m
57.01-57.05
Un changement aux positions 57.01 à 5
Chapitre 58
Tissus spéciaux; surfaces textiles touff
58.01-58.11
Un changement aux positions 58.01 à 5 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11 o
Chapitre 59
Tissus imprégnés, enduits, recouverts
59.01
Un changement à la position 59.01 de 53.10 à 53.11, 54.07 à 54.08 ou 55.12 à
59.02
Un changement à la position 59.02 de ou 53.06 à 53.11 ou des chapitres 54 à
59.03-59.08
Un changement aux positions 59.03 à 5 à 52.12, 53.10 à 53.11, 54.07 à 54.08 ou
59.09
Un changement à la position 59.09 de ou 53.10 à 53.11, du chapitre 54 ou des
59.10
Un changement à la position 59.10 de 53.07 à 53.08 ou 53.10 à 53.11 ou des c
59.11
Un changement à la position 59.11 de 53.10 à 53.11, 54.07 à 54.08 ou 55.12 à
Chapitre 60
Étoffes de bonneterie
60.01-60.06
Un changement aux positions 60.01 à 6 chapitre 52, des positions 53.07 à 53.08
Chapitre 61
Vêtements et accessoires du vêtement
Note 1 : Un changement à l’une ou l’a tissus à doublure visible :
51.11 à 51.12, 5208.31 à 5208.59, 520 5212.15, 5212.23 à 5212.25, 5407.42 5407.84, 5407.92 à 5407.94, 5408.22 sous-positions), 5408.32 à 5408.34, 5 5516.12 à 5516.14, 5516.22 à 5516.24 6001.92, 6005.31 à 6005.44 ou 6006.
de toute position à l’extérieur de ce gro
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 61
Vêtements et accessoires du vêtement
Note 2 : Aux fins de la détermination duit en question ne s’applique qu’à la c celle-ci doit satisfaire aux exigences de duit. Si la règle exige que le produit sat pour les tissus à doublure visible visés qu’au tissu à doublure visible du corps grande, et ne s’appliquent pas aux dou 6101.10-6101.30
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6101.90
Un changement à la sous-position 6101 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d condition que le produit soit taillé (ou f des deux pays ALÉCCR.
6102.10-6102.30
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6102.90
Un changement à la sous-position 6102 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d condition que le produit soit taillé (ou f des deux pays ALÉCCR.
6103.11-6103.12
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6103.19
(1) Un changement à un costume ou c coton, de la sous-position 6103.19 de to 53.07 à 53.08 ou 53.10 à 53.11, du chap tion que le produit soit taillé (ou façonn deux pays ALÉCCR, ou
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6103.21-6103.29
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 61
Vêtements et accessoires du vêtement
b) dans le cas d’un vêtement visé à laine, de poils fins ou de fibres synt ces sous-positions, le tissu à doublu de changement tarifaire qui y sont p 6103.31-6103.33
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6103.39
(1) Un changement à un veston, de ma de tout autre chapitre, sauf des position chapitre 54 ou des positions 55.08 à 55 façonné) et cousu ou autrement assem
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6103.41-6103.49
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
6104.11-6104.13
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6104.19
(1) Un changement à un costume taille tion 6104.19 de tout autre chapitre, sau 53.11, du chapitre 54 ou des positions 5 taillé (ou façonné) et cousu ou autreme
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6104.21-6104.29
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que
b) dans le cas d’un vêtement visé à 61.04, faits de laine, de poils fins, de partie d’un ensemble de ces sous-p satisfasse aux exigences de change
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 61
Vêtements et accessoires du vêtement
6104.31-6104.33
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6104.39
(1) Un changement à une veste, de ma de tout autre chapitre, sauf des position chapitre 54 ou des positions 55.08 à 55 façonné) et cousu ou autrement assem
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6104.41-6104.49
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
6104.51-6104.53
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6104.59
(1) Un changement à une jupe ou à un sous-position 6104.59 de tout autre cha ou 53.10 à 53.11, du chapitre 54 ou des duit soit taillé (ou façonné) et cousu ou CR; ou
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6104.61-6104.69
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
61.05-61.06
Un changement aux positions 61.05 à 6 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11, condition que le produit soit taillé (ou f des deux pays ALÉCCR.
6107.11-6107.19
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 61
Vêtements et accessoires du vêtement
6107.21
(1) Un changement à la sous-position 100 numéros métriques en fils simples duit, col, poignets, ceinture montée ou taillé et cousu ou autrement assemblé
(2) Un changement à la sous-position 52.04 à 52.12, 53.07 à 53.08 ou 53.10 à 5 60.06, à la condition que le produit soit d’un ou des deux pays ALÉCCR. 6107.22-6107.99
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
6108.11-6108.19
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
6108.21
(1) Un changement à la sous-position 100 numéros métriques en fils simples duit, ceinture montée, élastique ou den cousu ou autrement assemblé sur le te
(2) Un changement à la sous-position 52.04 à 52.12, 53.07 à 53.08 ou 53.10 à 5 60.06, à la condition que le produit soit d’un ou des deux pays ALÉCCR. 6108.22-6108.29
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
6108.31
(1) Un changement à la sous-position 100 numéros métriques en fils simples duit, col, poignets, ceinture montée, éla qu’il soit taillé et cousu ou autrement a
(2) Un changement à la sous-position 52.04 à 52.12, 53.07 à 53.08 ou 53.10 à 5 60.06, à la condition que le produit soit d’un ou des deux pays ALÉCCR. 6108.32-6108.39
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
6108.91-6108.99
Un changement aux sous-positions 610 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
61.09-61.11
Un changement aux positions 61.09 à 6 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11, condition que le produit soit taillé (ou f des deux pays ALÉCCR.
6112.11-6112.19
Un changement aux sous-positions 611 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 61
Vêtements et accessoires du vêtement
6112.20
Un changement à la sous-position 6112 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d condition que :
a) le produit soit taillé (ou façonné) pays ALÉCCR, et que
b) dans le cas d’un vêtement visé a de coton ou de fibres synthétiques o la présente sous-position, le tissu à gences de changement tarifaire qui 6112.31-6112.49
Un changement aux sous-positions 611 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 53 à 60.06, à la condition que le produit so territoire d’un ou des deux pays ALÉCC
61.13-61.17
Un changement aux positions 61.13 à 6 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11, condition que le produit soit taillé (ou f des deux pays ALÉCCR.
Chapitre 62
Vêtements et accessoires du vêtement
Note 1 : Un changement à l’une ou l’a tissus à doublure visible :
51.11 à 51.12, 5208.31 à 5208.59, 52 5212.15, 5212.23 à 5212.25, 5407.42 5407.84, 5407.92 à 5407.94, 5408.22 sous-positions), 5408.32 à 5408.34, 5516.12 à 5516.14, 5516.22 à 5516.2 6001.92, 6005.31 à 6005.44 ou 6006.
de toute position à l’extérieur de ce gro
Note 2 : Les produits du présent chap ou autrement assemblés sur le territoir poignets mis à part, est entièrement fa
a) velvétine de la sous-position 580
b) velours côtelé de la sous-positio de 7,5 colonnes par centimètre;
c) tissus de la sous-position 5111.1 rieure à 76 cm, tissés au Royaume-U sociation, Ltd., et certifiés comme te
d) tissus de la sous-position 5112.3 laine, pas moins de 20 p. 100 en poi continues; ou
e) batiste de la sous-position 5513.1 simples, contenant entre 60 et 70 fil dépassant pas 110 grammes par mè
Note 3 : Aux fins de la détermination produit en question ne s’applique qu’à et la composante doit satisfaire aux ex quant au produit. Si la règle exige que faire prévues pour les tissus à doublure s’applique qu’au tissu à doublure visib face la plus grande, et ne s’applique pa 6201.11-6201.13
Current to June 20, 2022
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 62
Vêtements et accessoires du vêtement
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6201.19
Un changement à la sous-position 6201 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d à 60.06, à la condition que le produit so des deux pays ALÉCCR.
6201.91-6201.93
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6201.99
Un changement à la sous-position 6201 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d à 60.06, à la condition que le produit so des deux pays ALÉCCR.
6202.11-6202.13
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6202.19
Un changement à la sous-position 6202 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d à 60.06, à la condition que le produit so des deux pays ALÉCCR.
6202.91-6202.93
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6202.99
Un changement à la sous-position 6202 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d à 60.06, à la condition que le produit so des deux pays ALÉCCR.
6203.11-6203.12
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6203.19
Current to June 20, 2022
(1) Un changement à un costume ou u artificielles, de la sous-position 6203.19 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 62
Vêtements et accessoires du vêtement
à 60.06, à la condition que le produit so des deux pays ALÉCCR; ou
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16, 58.01 à 58.02 ou 60.01 à 60.06, à
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6203.21-6203.29
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que
b) dans le cas d’un vêtement visé à laine, de poils d’animal fins, de coto d’un ensemble de ces sous-position fasse aux exigences de changemen 6203.31-6203.33
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6203.39
(1) Un changement à un veston, de ma de tout autre chapitre, sauf des positio chapitre 54 ou des positions 55.08 à 55 taillé et cousu ou autrement assemblé
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16, 58.01 à 58.02 ou 60.01 à 60.06, à
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6203.41-6203.49
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q territoire d’un ou des deux pays ALÉCC
6204.11-6204.13
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6204.19
Current to June 20, 2022
(1) Un changement à un costume taille tion 6204.19 de tout autre chapitre, sau 53.11, du chapitre 54 ou des positions 5 produit soit taillé et cousu ou autremen
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 62
Vêtements et accessoires du vêtement
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16, 58.01 à 58.02 ou 60.01 à 60.06, à
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6204.21-6204.29
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que
b) dans le cas d’un vêtement visé à 62.04, faits de laine, de poils fins, de partie d’un ensemble de ces sous-p satisfasse aux exigences de change 6204.31-6204.33
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6204.39
(1) Un changement à une veste, autre chapitre, sauf des positions 51.06 à 51. des positions 55.08 à 55.16, 58.01 à 58. ou autrement assemblé sur le territoire
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16, 58.01 à 58.02 ou 60.01 à 60.06, à
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6204.41-6204.49
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q territoire d’un ou des deux pays ALÉCC
6204.51-6204.53
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6204.59
(1) Un changement à une jupe ou une sous-position 6204.59 de tout autre cha ou 53.10 à 53.11, du chapitre 54 ou des tion que le produit soit taillé et cousu o ALÉCCR; ou
(2) Un changement à tout autre produ tions 51.06 à 51.13, 52.04 à 52.12, 53.07 55.16, 58.01 à 58.02 ou 60.01 à 60.06, à
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 62
Vêtements et accessoires du vêtement
a) le produit soit taillé et cousu ou a CR, et que b) le tissu à doublure visible visé à tarifaire qui y sont prévues. 6204.61-6204.69
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q territoire d’un ou des deux pays ALÉCC
6205.10
Un changement à la sous-position 6205 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d à 60.06, à la condition que le produit so des deux pays ALÉCCR.
6205.20-6205.30
Note : Les chemises de coton ou de fib comme originaires si elles sont taillées si l’étoffe extérieure, cols et poignets m vants :
a) Tissus des sous-positions 5208.2 5208.49, 5208.51, 5208.52 ou 5208.5
b) Tissus des sous-positions 5513.1 duites de trame par centimètre carr
c) Tissus des sous-positions 5210.2 duites de trame par centimètre carr
d) Tissus des sous-positions 5208.2 duites de trame par centimètre carr
e) Tissus des sous-positions 5407.8 par mètre carré, et dont l’armure de
f) Tissus des sous-positions 5208.4 duites de trame par centimètre carr
g) Tissus de la sous-position 5208.5 par centimètre carré, faits de fils sim
h) Tissus de la sous-position 5208.4 et duites de trame par centimètre ca 95, et caractérisés par un effet à car trame; ou
i) Tissus de la sous-position 5208.4 blanc ou traité avec des teintures vé 65.
Aux fins de la présente note, numéro m tiques ou artificielles, s’entend du num dérée équivalente à la distance couvert comme s’ils étaient continus. Il est tenu compris ceux dans les fils retors (ou câ sage ou par tout autre procédé approp mules suivantes peut être utilisée pour
N où :
Current to June 20, 2022
N=
numéro moyen des fils,
B=
largeur du tissu, en centimètr
Y=
nombre de mètres linéaires d
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 62
Vêtements et accessoires du vêtement
T=
nombre total de fils simples p
S=
nombre de mètres carrés de t
Z=
masse, en grammes, par mèt
Z′ = masse, en grammes, par mèt
lorsqu’il comporte des fractions, le résu
Un changement aux sous-positions 620 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q toire d’un ou des deux pays ALÉCCR. 6205.90
Un changement à la sous-position 6205 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d à 60.06, à la condition que le produit so des deux pays ALÉCCR.
62.06-62.10
Un changement aux positions 62.06 à 6 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11, 60.01 à 60.06, à la condition que le prod ou des deux pays ALÉCCR.
6211.11-6211.12
Un changement aux sous-positions 621 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q territoire d’un ou des deux pays ALÉCC
6211.20
Un changement à la sous-position 6211 52.12, 53.07 à 53.08 ou 53.10 à 53.11, d à 60.06, à la condition que :
a) le produit soit taillé et cousu ou a CR, et que
b) dans le cas d’un vêtement visé a de coton ou de fibres synthétiques o la présente sous-position, le tissu à gences de changement tarifaire qui 6211.31-6211.49
Un changement aux sous-positions 621 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q territoire d’un ou des deux pays ALÉCC
6212.10
Un changement à la sous-position 6212 cousu ou autrement assemblé sur le te
6212.20-6212.90
Un changement aux sous-positions 621 51.13, 52.04 à 52.12, 53.07 à 53.08 ou 5 58.02 ou 60.01 à 60.06, à la condition q territoire d’un ou des deux pays ALÉCC
62.13-62.17
Un changement aux positions 62.13 à 6 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11, 60.01 à 60.06, à la condition que le prod ou des deux pays ALÉCCR.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 63
Autres articles textiles confectionnés; a
Note : Aux fins de la détermination de produit en question ne s’applique qu’à et celle-ci doit satisfaire aux exigences produit. 63.01-63.10
Un changement aux positions 63.01 à 6 à 52.12, 53.07 à 53.08 ou 53.10 à 53.11, 60.06, à la condition que le produit soit d’un ou des deux pays ALÉCCR.
SECTION XII
Chaussures, coiffures, parapluies, cravaches et leurs parties; plumes fleurs artificielles; ouvrages en che (chapitres 64-67) Chapitre 64
Chaussures, guêtres et articles analogu
64.01-64.05
(1) Un changement aux positions 64.0 sous-position 64.06; ou
(2) Un changement aux positions 64.0 position 6406.10, qu’il y ait ou non éga à la condition que la teneur en valeur r valeur transactionnelle. 6406.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position ment un changement de toute autre po inférieure à 50 p. 100 selon la méthode 6406.20-6406.99
Un changement aux sous-positions 640
Chapitre 65
Coiffures et parties de coiffures
65.01-65.07
Un changement aux positions 65.01 à 6 l’intérieur de ce groupe.
Chapitre 66
Parapluies, ombrelles, parasols, canne
66.01
(1) Un changement à la position 66.01
(2) Un changement à la position 66.01 de toute autre position, à la condition q selon la méthode de la valeur transacti 66.02-66.03
Un changement aux positions 66.02 à 6 l’intérieur de ce groupe.
Chapitre 67
Plumes et duvet apprêtés et articles en
67.01
(1) Un changement à la position 67.01
(2) Un changement aux articles en plu
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 67
Plumes et duvet apprêtés et articles en
67.02-67.04
Un changement aux positions 67.02 à 6 l’intérieur de ce groupe.
SECTION XIII
Ouvrages en pierres, plâtre, cimen analogues; produits céramiques; v (chapitres 68-70) Chapitre 68
Ouvrages en pierres, plâtre, ciment, am
68.01-68.11
Un changement aux positions 68.01 à 6
6812.50-6812.70
Un changement aux sous-positions 681 sous-position à l’intérieur de ce groupe
6812.90
Un changement à la sous-position 6812 position.
68.13-68.15
Un changement aux positions 68.13 à 6 l’intérieur de ce groupe.
Chapitre 69
Produits céramiques
69.01-69.14
Un changement aux positions 69.01 à 6 l’intérieur de ce groupe.
Chapitre 70
Verre et ouvrages en verre
70.01-70.08
Un changement aux positions 70.01 à 7 l’intérieur de ce groupe.
7009.10
Un changement à la sous-position 7009
7009.91-7009.92
Un changement aux sous-positions 700
70.10-70.18
Un changement aux positions 70.10 à 7 l’intérieur de ce groupe.
7019.11-7019.40
Un changement aux sous-positions 701 sous-position à l’intérieur de ce groupe
7019.51
Un changement à la sous-position 7019 7019.59.
7019.52-7019.90
Un changement aux sous-positions 701 sous-position à l’intérieur de ce groupe
70.20
Un changement à la position 70.20 de t
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION XIV
Perles fines ou de culture, pierres g précieux, plaqués ou doublés de m ces matières; bijouterie de fantaisie (chapitre 71) Chapitre 71
Perles fines ou de culture, pierres gem métaux précieux et ouvrages en ces m
71.01-71.18
Un changement aux positions 71.01 à 7 l’intérieur de ce groupe.
SECTION XV
Métaux communs et ouvrages en (chapitres 72-83) Chapitre 72
Fonte, fer et acier
72.01-72.29
Un changement aux positions 72.01 à 7 l’intérieur de ce groupe.
Chapitre 73
Ouvrages en fonte, fer ou acier
73.01-73.03
Un changement aux positions 73.01 à 7
7304.10-7304.39
Un changement aux sous-positions 73
7304.41
Un changement à la sous-position 730
7304.49-7304.90
Un changement aux sous-positions 73
73.05-73.06
Un changement aux positions 73.05 à 7
73.07
(1) Un changement à la position 73.07
(2) Un changement à la position 73.07 non également un changement de tout soit pas inférieure à 35 p. 100 selon la m 73.08
(1) Un changement à la position 73.08
(2) Un changement à la position 73.08 non également un changement de tout soit pas inférieure à 35 p. 100 selon la m 73.09-73.14 7315.11-7315.12
Un changement aux positions 73.09 à 7 l’intérieur de ce groupe.
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 7315.19
Current to June 20, 2022
Un changement à la sous-position 731
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 73
Ouvrages en fonte, fer ou acier
7315.20-7315.89
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 7315.90
Un changement à la sous-position 731
73.16-73.20
Un changement aux positions 73.16 à 7 l’intérieur de ce groupe.
7321.11
Un changement à la sous-position 732 assemblées ou non, des panneaux de f assemblages de porte, y compris au m extérieur, vitre ou isolation, de la sous7321.12-7321.83
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 7321.90
Un changement à la sous-position 732
73.22-73.23
Un changement aux positions 73.22 à 7 l’intérieur de ce groupe.
7324.10-7324.29
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 7324.90
Un changement à la sous-position 732
73.25-73.26
Un changement aux positions 73.25 à 7 l’intérieur de ce groupe.
Chapitre 74
Cuivre et ouvrages en cuivre
74.01-74.07
Un changement aux positions 74.01 à 7 l’intérieur de ce groupe.
74.08
(1) Un changement à la position 74.08
(2) Un changement à la position 74.08 de toute autre position, à la condition q d’au moins 50 p. 100. 74.09-74.11
Un changement aux positions 74.09 à 7 l’intérieur de ce groupe.
74.12
Un changement à la position 74.12 de t
74.13
(1) Un changement à la position 74.13
(2) Un changement à la position 74.13 de toute autre position, à la condition q selon la méthode de la valeur transacti 74.14-74.19
Current to June 20, 2022
Un changement aux positions 74.14 à 7 l’intérieur de ce groupe.
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 75
Nickel et ouvrages en nickel
75.01-75.04
Un changement aux positions 75.01 à 7 l’intérieur de ce groupe.
7505.11-7505.12
Un changement aux sous-positions 750
7505.21-7505.22
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions ou non également un changement de t section transversale soit réduite d’au m 75.06
(1) Un changement à la position 75.06
(2) Un changement aux feuilles, non re 75.06 de l’intérieur de la position, qu’il 75.07-75.08
Un changement aux positions 75.07 à 7 l’intérieur de ce groupe.
Chapitre 76
Aluminium et ouvrages en aluminium
76.01-76.04
Un changement aux positions 76.01 à 7 l’intérieur de ce groupe.
76.05
(1) Un changement à la position 76.05
(2) Un changement à la position 76.05 de toute autre position, à la condition q d’au moins 50 p. 100. 76.06
Un changement à la position 76.06 de t
7607.11
Un changement à la sous-position 7607
7607.19-7607.20
(1) Un changement aux sous-positions groupe, sauf de la sous-position 7607.1
(2) Un changement aux sous-positions également un changement de toute au teneur en valeur régionale ne soit pas i nelle. 76.08
Un changement à la position 76.08 de t
76.09
Un changement à la position 76.09 de t
76.10-76.13
Un changement aux positions 76.10 à 7 l’intérieur de ce groupe.
76.14
(1) Un changement à la position 76.14
(2) Un changement à la position 76.14 de toute autre position, à la condition q selon la méthode de la valeur transacti 76.15-76.16
Un changement aux positions 76.15 à 7 l’intérieur de ce groupe.
Chapitre 78
Plomb et ouvrages en plomb
78.01-78.02
Un changement aux positions 78.01 à 7 l’intérieur de ce groupe.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 78
Plomb et ouvrages en plomb
78.03
(1) Un changement à la position 78.03
(2) Un changement aux fils de la positi ment un changement de toute autre po versale soit réduite d’au moins 50 p. 10 7804.11-7804.20
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux feuilles, non re position, qu’il y ait ou non également u 78.05-78.06
Un changement aux positions 78.05 à 7 l’intérieur de ce groupe.
Chapitre 79
Zinc et ouvrages en zinc
79.01-79.03
Un changement aux positions 79.01 à 7 l’intérieur de ce groupe.
79.04
(1) Un changement à la position 79.04
(2) Un changement aux fils de la positi un changement de toute autre position soit réduite d’au moins 50 p. 100. 79.05
(1) Un changement à la position 79.05
(2) Un changement aux feuilles, non re ait ou non également un changement d 79.06-79.07
Un changement aux positions 79.06 à 7 l’intérieur de ce groupe.
Chapitre 80
Étain et ouvrages en étain
80.01-80.02
Un changement aux positions 80.01 à 8 l’intérieur de ce groupe.
80.03
(1) Un changement à la position 80.03
(2) Un changement aux fils de la positi ment un changement de toute autre po versale soit réduite d’au moins 50 p. 10 80.04-80.07
Un changement aux positions 80.04 à 8 l’intérieur de ce groupe.
Chapitre 81
Autres métaux communs; cermets; ouv
8101.10-8113.00
Un changement aux sous-positions 810 sous-position à l’intérieur de ce groupe
Chapitre 82
Outils et outillage, articles de couteller articles, en métaux communs
Note : Les poignées en métaux comm ront pas prises en considération pour d 82.01
Un changement à la position 82.01 de t
8202.10-8202.20
Un changement aux sous-positions 820
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 82
Outils et outillage, articles de couteller articles, en métaux communs
8202.31
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 50 p. 100 selon la méthode de 8202.39-8202.99
Un changement aux sous-positions 820
82.03-82.04
Un changement aux positions 82.03 à 8 l’intérieur de ce groupe.
8205.10-8205.80
Un changement aux sous-positions 820
8205.90
(1) Un changement à la sous-position
(2) Un changement à un ensemble de y ait ou non également un changement
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. 82.06
(1) Un changement à la position 82.06
(2) Un changement à un ensemble de lement un changement de toute autre p
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. 8207.13
(1) Un changement à la sous-position
(2) Un changement à la sous-position ait ou non également un changement d nale ne soit pas inférieure à 50 p. 100 s 8207.19-8207.90
Un changement aux sous-positions 820
82.08-82.10
Un changement aux positions 82.08 à 8 l’intérieur de ce groupe.
8211.10
(1) Un changement à la sous-position
(2) Un changement à un ensemble de des positions 82.14 à 82.15, qu’il y ait o condition :
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. 8211.91-8211.93
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions ou non également un changement de t ne soit pas inférieure à 50 p. 100 selon 8211.94-8211.95
Un changement aux sous-positions 821
82.12-82.13
Un changement aux positions 82.12 à 8 l’intérieur de ce groupe.
82.14
(1) Un changement à la position 82.14
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 82
Outils et outillage, articles de couteller articles, en métaux communs (2) Un changement à un ensemble de toute autre position, à la condition :
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. 8215.10-8215.20
(1) Un changement aux sous-positions 82.11; ou
(2) Un changement à un ensemble des positions 8215.91 à 8215.99, qu’il y ait o condition :
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. 8215.91-8215.99
Un changement aux sous-positions 821
Chapitre 83
Ouvrages divers en métaux communs
8301.10-8301.50
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 8301.60-8301.70
Un changement aux sous-positions 830
83.02-83.04
Un changement aux positions 83.02 à 8 l’intérieur de ce groupe.
8305.10-8305.20
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 8305.90
Un changement à la sous-position 8305
83.06-83.07
Un changement aux positions 83.06 à 8 l’intérieur de ce groupe.
8308.10-8308.20
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 8308.90
Un changement à la sous-position 8308
83.09-83.10
Un changement aux positions 83.09 à 8 l’intérieur de ce groupe.
8311.10-8311.30
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 8311.90
Current to June 20, 2022
Un changement à la sous-position 8311
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION XVI
Machines et appareils, matériel éle d’enregistrement ou de reproducti d’enregistrement ou de reproducti télévision, et parties et accessoires (chapitres 84-85) Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
8401.10-8401.30
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8401.40
Un changement à la sous-position 840
8402.11
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 50 p. 100 selon la méthode de 8402.12-8402.20
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8402.90
Un changement à la sous-position 840
8403.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8403.90 8404.10-8404.20
Un changement à la sous-position 840
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8404.90
Un changement à la sous-position 840
8405.10
Un changement à la sous-position 840
8405.90
Un changement à la sous-position 840
8406.10-8406.82
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8406.90
Un changement à la sous-position 840
8407.10-8407.29
Un changement aux sous-positions 84
8407.31-8407.34
(1) Un changement aux sous-position 84.09; ou
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
(2) Un changement aux sous-position ment un changement de toute position régionale ne soit pas inférieure à :
a) 35 p. 100 lorsque la méthode de
b) 25 p. 100 lorsque la méthode du 8407.90
Un changement à la sous-position 840
84.08-84.09
Un changement aux positions 84.08 à l’intérieur de ce groupe.
8410.11-8410.13
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8410.90
Un changement à la sous-position 841
8411.11-8411.22
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8411.81-8411.82
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8411.91-8411.99
Un changement aux sous-positions 84
8412.10-8412.80
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8412.90
Un changement à la sous-position 841
8413.11-8413.82
(1) Un changement aux sous-position
(2) Un changement aux sous-position ou non également un changement de t nale ne soit pas inférieure à 30 p. 100 s 8413.91-8413.92 8414.10-8414.80
Un changement aux sous-positions 84
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8414.90
Un changement à la sous-position 841
8415.10-8415.83
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8415.90 8416.10-8416.30
Un changement à la sous-position 841
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8416.90
Current to June 20, 2022
Un changement à la sous-position 841
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
8417.10-8417.80
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8417.90
Un changement à la sous-position 841
8418.10-8418.29
Un changement aux sous-positions 84 sauf de la sous-position 8418.91.
8418.30-8418.69
(1) Un changement aux sous-position
(2) Un changement aux sous-position ou non également un changement de t nale ne soit pas inférieure à 35 p. 100 s 8418.91-8418.99 8419.11-8419.89
Un changement aux sous-positions 84
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 30 p. 100 selon la méth 8419.90
Un changement à la sous-position 841
8420.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8420.91-8420.99
Un changement aux sous-positions 84
8421.11-8421.19
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8421.21-8421.39
(1) Un changement aux sous-position
(2) Un changement aux sous-position ou non également un changement de t nale ne soit pas inférieure à 30 p. 100 s 8421.91-8421.99
Un changement aux sous-positions 84
8422.11-8422.40
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8422.90 8423.10-8423.89
Un changement à la sous-position 842
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8423.90
Un changement à la sous-position 842
8424.10-8424.89
Un changement aux sous-positions 84 sous-position à l’intérieur du groupe.
8424.90
Un changement à la sous-position 842
84.25-84.26
Un changement aux positions 84.25 à l’intérieur de ce groupe.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
84.27
(1) Un changement à la position 84.27
(2) Un changement à la position 84.27 de toute autre position, à la condition q selon la méthode de la valeur transacti 84.28-84.31
Un changement aux positions 84.28 à l’intérieur de ce groupe.
8432.10-8432.80
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8432.90
Un changement à la sous-position 843
8433.11-8433.60
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8433.90
Un changement à la sous-position 843
8434.10-8434.20
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8434.90
Un changement à la sous-position 843
8435.10
Un changement à la sous-position 843
8435.90
Un changement à la sous-position 843
8436.10-8436.29
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8436.80
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8436.91-8436.99
Un changement aux sous-positions 84
8437.10-8437.80
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8437.90
Un changement à la sous-position 843
8438.10-8438.80
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p 100 selon la méth 8438.90 8439.10-8439.30
Un changement à la sous-position 843
(1) Un changement aux sous-position
(2) Un changement aux sous-position ou non également un changement de t nale ne soit pas inférieure à 35 p. 100 s 8439.91-8439.99
Un changement aux sous-positions 84
8440.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
8440.90
Un changement à la sous-position 844
8441.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8441.20-8441.80
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8441.90
Un changement à la sous-position 844
8442.10-8442.30
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8442.40-8442.50
Un changement aux sous-positions 84
8443.11-8443.59
(1) Un changement aux sous-position
(2) Un changement aux sous-position ait ou non également un changement d nale ne soit pas inférieure à 35 p. 100 s 8443.60
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8443.90
Un changement à la sous-position 844
84.44-84.47
Un changement aux positions 84.44 à l’intérieur de ce groupe.
8448.11-8448.19
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8448.20-8448.59
Un changement aux sous-positions 84
84.49
Un changement à la position 84.49 de
8450.11-8450.20
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8450.90 8451.10-8451.80
Un changement à la sous-position 845
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8451.90
Un changement à la sous-position 845
8452.10-8452.30
(1) Un changement aux sous-position
(2) Un changement aux sous-position ou non également un changement de t nale ne soit pas inférieure à 35 p. 100 s 8452.40-8452.90
Un changement aux sous-positions 84
8453.10-8453.80
(1) Un changement aux sous-position
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8453.90 8454.10-8454.30
Un changement à la sous-position 845
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8454.90
Un changement à la sous-position 845
8455.10-8455.22
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8455.30-8455.90
Un changement aux sous-positions 84
84.56
(1) Un changement à la position 84.56
(2) Un changement à la position 84.56 de toute autre position, à la condition q selon la méthode de la valeur transacti 84.57
(1) Un changement à la position 84.57
(2) Un changement à la position 84.57 gement de toute autre position, à la co p. 100 selon la méthode de la valeur tr 84.58-84.63
(1) Un changement aux positions 84.5 l’intérieur de ce groupe, sauf de la pos
(2) Un changement aux positions 84.5 gement de toute autre position, y com teneur en valeur régionale ne soit pas nelle. 84.64
(1) Un changement à la position 84.64
(2) Un changement à la position 84.64 gement de toute autre position, à la co p. 100 selon la méthode de la valeur tr 84.65
(1) Un changement à la position 84.65
(2) Un changement à la position 84.65 gement de toute autre position, à la co p. 100 selon la méthode de la valeur tr 84.66 8467.11-8467.89
Un changement à la position 84.66 de
(1) Un changement aux sous-position
(2) Un changement aux sous-position ou non également un changement de t nale ne soit pas inférieure à 35 p. 100 s 8467.91-8467.99
Un changement aux sous-positions 84
8468.10-8468.80
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8468.90
Current to June 20, 2022
Un changement à la sous-position 846
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
8469.11-8469.30
Un changement aux sous-positions 84
8470.10-8471.90
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
84.72
(1) Un changement à la position 84.72
(2) Un changement à la position 84.72 de toute autre position, à la condition q selon la méthode de la valeur transacti 8473.10-8473.50
Un changement à l’une des sous-posit autre sous-position, y compris une aut
8474.10-8474.80
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8474.90
Un changement à la sous-position 847
8475.10-8475.29
Un changement aux sous-positions 84 sous-position à l’intérieur du groupe.
8475.90
Un changement à la sous-position 847
8476.21-8476.89
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8476.90
Un changement à la sous-position 847
8477.10-8477.80
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8477.90
Un changement à la sous-position 847
8478.10
Un changement à la sous-position 847
8478.90
Un changement à la sous-position 847
8479.10-8479.89
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8479.90
Un changement à la sous-position 847
84.80
Un changement à la position 84.80 de
8481.10-8481.80
Un changement aux sous-positions 84 sous-position à l’intérieur de ce groupe
8481.90
Un changement à la sous-position 848
8482.10-8482.80
(1) Un changement aux sous-position
(2) Un changement aux sous-position ou non également un changement de t nale ne soit pas inférieure à 35 p. 100 s 8482.91-8482.99
Current to June 20, 2022
Un changement aux sous-positions 84
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 84
Réacteurs nucléaires, chaudières, mac appareils
8483.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8483.20
(1) Un changement à la sous-position
(2) Un changement à la sous-position ait ou non également un changement d nale ne soit pas inférieure à 35 p. 100 s 8483.30-8483.60
(1) Un changement aux sous-position
(2) Un changement aux sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8483.90
Un changement à la sous-position 848
8484.10-8484.20
Un changement aux sous-positions 84
8484.90
Un changement à un ensemble de la s
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle. 84.85
Un changement à la position 84.85 de
Chapitre 85
Machines, appareils et matériels électr reproduction du son, appareils d’enreg et parties et accessoires de ces appare
85.01
(1) Un changement à la position 85.01
(2) Un changement à la position 85.01 de toute autre position, à la condition q selon la méthode de la valeur transacti 85.02
(1) Un changement à la position 85.02 85.03; ou
(2) Un changement à la position 85.02 ment un changement de toute autre po inférieure à 35 p. 100 selon la méthode 85.03
Un changement à la position 85.03 de t
8504.10-8504.50
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8504.90
Un changement à la sous-position 8504
8505.11-8505.30
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8505.90
Current to June 20, 2022
Un changement à la sous-position 8505
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 85
Machines, appareils et matériels électr reproduction du son, appareils d’enreg et parties et accessoires de ces appare
8506.10-8506.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8506.90
Un changement à la sous-position 8506
8507.10-8507.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8507.90
Un changement à la sous-position 8507
8509.10-8509.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8509.90
Un changement à la sous-position 8509
8510.10-8510.30
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8510.90
Un changement à la sous-position 8510
8511.10-8511.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 30 p. 100 selon la méth 8511.90
Un changement à la sous-position 8511
8512.10-8512.40
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8512.90
Un changement à la sous-position 8512
8513.10
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8513.90
Un changement à la sous-position 8513
8514.10-8514.40
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8514.90
Un changement à la sous-position 8514
8515.11-8515.80
(1) Un changement aux sous-positions
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 85
Machines, appareils et matériels électr reproduction du son, appareils d’enreg et parties et accessoires de ces appare
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8515.90
Un changement à la sous-position 8515
8516.10-8516.29
(1) Un changement aux sous-positions position; ou
(2) Un changement aux sous-positions également un changement de la sous-p teneur en valeur régionale ne soit pas i nelle. 8516.31-8516.32
Un changement aux sous-positions 851 sous-position à l’intérieur de ce groupe
8516.33-8516.40
(1) Un changement aux sous-positions position; ou
(2) Un changement aux sous-positions également un changement de la sous-p teneur en valeur régionale ne soit pas i nelle. 8516.50
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8516.60
Un changement à la sous-position 8516 assemblées ou non, des panneaux sup assemblages de portes incorporant au extérieur, vitre ou isolation, de la sous8516.71-8516.79
(1) Un changement aux sous-positions position; ou
(2) Un changement aux sous-positions également un changement de la sous-p teneur en valeur régionale ne soit pas i nelle. 8516.80-8516.90
Un changement aux sous-positions 851
8517.11-8517.90
Un changement à l’une des sous-positi autre sous-position, y compris une aut
8518.10-8518.21
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8518.22
(1) Un changement à la sous-position
(2) Un changement à la sous-position également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8518.29
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 85
Machines, appareils et matériels électr reproduction du son, appareils d’enreg et parties et accessoires de ces appare
8518.30
(1) Un changement à la sous-position
(2) Un changement à un ensemble de 8518.29 ou 8518.90, qu’il y ait ou non é
a) qu’au moins un des produits qui ment et des contenants de l’ensemb b) la teneur en valeur régionale de valeur transactionnelle; ou
(3) Un changement à tout autre produ 8518.29 ou 8518.90, qu’il y ait ou non é que la teneur en valeur régionale ne so tionnelle. 8518.40
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 8518.50
(1) Un changement à la sous-position
(2) Un changement à un ensemble de de la position 85.18, qu’il y ait ou non u
a) qu’au moins une des produits qu nement et des contenants de l’ense b) la teneur en valeur régionale de valeur transactionnelle. 8518.90
Un changement à la sous-position 8518
8519.10-8521.90
Un changement à l’une des sous-positi autre sous-position, y compris une aut
85.22
Un changement à la position 85.22 de t
85.23-85.24
Un changement aux positions 85.23 à 8 l’intérieur de ce groupe.
8525.10-8525.40
(1) Un changement aux sous-positions autre sous-position à l’intérieur de ce g
(2) Un changement aux caméras de té l’intérieur de la sous-position, qu’il y ai 8526.10-8526.92
Un changement aux sous-positions 852 sous-position à l’intérieur de ce groupe
8527.12-8527.90
Un changement aux sous-positions 852 sous-position à l’intérieur de ce groupe
85.28
(1) Un changement à la position 85.28
(2) Un changement à la position 85.28 de toute autre position, à la condition q selon la méthode de la valeur transacti 85.29
Un changement à la position 85.29 de t
8530.10-8530.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 85
Machines, appareils et matériels électr reproduction du son, appareils d’enreg et parties et accessoires de ces appare
8530.90
Un changement à la sous-position 8530
8531.10-8531.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8531.90
Un changement à la sous-position 8531
8532.10-8532.30
Un changement aux sous-positions 853 sous-position à l’intérieur de ce groupe
8532.90
Un changement à la sous-position 8532
8533.10-8533.90
Un changement à l’une des sous-positi autre sous-position, y compris une aut
85.34
Un changement à la position 85.34 de t
8535.10-8535.90
(1) Un changement aux sous-positions 8538.90; ou
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 8536.10-8536.90
(1) Un changement aux sous-positions 8538.90; ou
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 85.37
(1) Un changement à la position 85.37
(2) Un changement à la position 85.37 de toute autre position, à la condition q selon la méthode de la valeur transacti 85.38
Un changement à la position 85.38 de t
8539.10-8539.49
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 30 p. 100 selon la méth 8539.90
Un changement à la sous-position 8539
8540.11-8540.89
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions ou non également un changement de t ne soit pas inférieure à 35 p. 100 selon 8540.91-8540.99
Un changement aux sous-positions 854
8541.10-8542.90
Un changement à l’une des sous-positi autre sous-position, y compris une aut
8543.11-8543.89
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 85
Machines, appareils et matériels électr reproduction du son, appareils d’enreg et parties et accessoires de ces appare
8543.90
Un changement à la sous-position 8543
8544.11-8544.60
Un changement aux sous-positions 854
8544.70
Un changement à la sous-position 8544
85.45-85.48
Un changement aux positions 85.45 à 8 l’intérieur du groupe.
SECTION XVII
Matériel de transport (chapitres 86-89) Chapitre 86
Véhicules et matériel pour voies ferrée électromécaniques) de signalisation po
86.01-86.06
(1) Un changement aux positions 86.01 l’intérieur de ce groupe, sauf de la posi
(2) Un changement aux positions 86.01 gement de toute autre position, y comp la teneur en valeur régionale ne soit pa nelle. 86.07-86.09
Un changement aux positions 86.07 à 8 l’intérieur de ce groupe.
Chapitre 87
Voitures automobiles, tracteurs, cycles
87.01-87.02
Un changement aux positions 87.01 à 8 l’intérieur de ce groupe, à la condition q selon la méthode du coût net.
8703.10
Un changement à la sous-position 8703 régionale ne soit pas inférieure à : a) 35 p. 100 lorsque la méthode de b) 25 p. 100 lorsque la méthode du
8703.21-8703.90
Un changement aux sous-positions 870 en valeur régionale ne soit pas inférieu
87.04-87.06
Un changement aux positions 87.04 à 8 l’intérieur de ce groupe, à la condition q selon la méthode du coût net.
87.07
(1) Un changement à la position 87.07
(2) Un changement à la position 87.07 de tout autre chapitre, à la condition qu selon la méthode du coût net. 8708.10-8708.94
(1) Un changement aux sous-positions
(2) Un changement à l’une des sous-po sous-position 8708.99, qu’il y ait ou non que la teneur en valeur régionale ne so
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 87
Voitures automobiles, tracteurs, cycles
8708.99
(1) Un changement à la sous-position
(2) Un changement à la sous-position ment un changement de toute autre po inférieure à 30 p. 100 selon la méthode 8709.11-8709.19
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8709.90
Un changement à la sous-position 8709
87.10
Un changement à la position 87.10 de t
87.11-87.12
(1) Un changement aux positions 87.11 l’intérieur de ce groupe, sauf de la posi
(2) Un changement aux positions 87.11 gement de toute autre position, y comp la teneur en valeur régionale ne soit pa nelle. 87.13
Un changement à la position 87.13 de t
87.14-87.15
Un changement aux positions 87.14 à 8 l’intérieur de ce groupe.
8716.10-8716.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 8716.90
Un changement à la sous-position 8716
Chapitre 88
Navigation aérienne ou spatiale
88.01-88.05
Un changement aux positions 88.01 à 8 l’intérieur de ce groupe.
Chapitre 89
Navigation maritime ou fluviale
89.01-89.02
(1) Un changement aux positions 89.01
(2) Un changement aux positions 89.01 pris une autre position à l’intérieur de c autre chapitre, à la condition que la ten méthode de la valeur transactionnelle. 8903.10
Un changement à la sous-position 8903 position.
8903.91-8903.99
Un changement aux sous-positions 890 en valeur régionale ne soit pas inférieu
89.04-89.05
(1) Un changement aux positions 89.04
(2) Un changement aux positions 89.04 pris une autre position à l’intérieur de c autre chapitre, à la condition que la ten méthode de la valeur transactionnelle. 89.06
Current to June 20, 2022
Un changement à la position 89.06 de t
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 89
Navigation maritime ou fluviale
8907.10
Un changement à la sous-position 8907 position.
8907.90
Un changement à la sous-position 8907
89.08
Un changement à la position 89.08 de t
SECTION XVIII
Instruments et appareils d’optique cinématographie, de mesure, de co instruments et appareils médico-ch instruments de musique; parties et ou appareils (chapitres 90-92) Chapitre 90
Instruments et appareils d’optique, de de précision; instruments et appareils appareils
90.01
Un changement à la position 90.01 de
90.02
Un changement à la position 90.02 de
9003.11-9003.19
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9003.90
Un changement à la sous-position 900
90.04
(1) Un changement à la position 90.04
(2) Un changement à la position 90.04 non également un changement de tout soit pas inférieure à 35 p. 100 selon la m 9005.10-9005.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9005.90
Un changement à la sous-position 900
9006.10-9006.69
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions ou non également un changement de t ne soit pas inférieure à 35 p. 100 selon 9006.91-9006.99
Un changement aux sous-positions 90
9007.11-9007.19
(1) Un changement aux sous-positions
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 90
Instruments et appareils d’optique, de de précision; instruments et appareils appareils
(2) Un changement aux caméras de té l’intérieur de la sous-position, qu’il y ai ou
(3) Un changement à tout autre produ qu’il y ait ou non également un change régionale ne soit pas inférieure à 35 p. 9007.20
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 35 p. 100 selon la méthode de 9007.91-9007.92 9008.10-9008.40
Un changement aux sous-positions 90
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9008.90
Un changement à la sous-position 900
9009.11-9009.30
Un changement aux sous-positions 90 sous-position à l’intérieur de ce groupe
9009.91-9009.99
Un changement à l’une des sous-posit autre sous-position à l’intérieur de ce g
9010.10-9010.49
Un changement aux sous-positions 90 sous-position à l’intérieur de ce groupe
9010.50-9010.60
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9010.90
Un changement à la sous-position 901
9011.10-9011.80
Un changement aux sous-positions 90 sous-position à l’intérieur de ce groupe
9011.90
Un changement à la sous-position 901
9012.10
Un changement à la sous-position 901
9012.90
Un changement à la sous-position 901
9013.10-9013.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9013.90
Un changement à la sous-position 901
9014.10-9014.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9014.90
Current to June 20, 2022
Un changement à la sous-position 901
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 90
9015.10-9015.80
Instruments et appareils d’optique, de de précision; instruments et appareils appareils
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9015.90
Un changement à la sous-position 901
90.16
Un changement à la position 90.16 de
9017.10-9017.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9017.90
Un changement à la sous-position 901
9018.11-9021.90
Un changement à l’une des sous-posit autre sous-position, y compris une aut
9022.12-9022.30
Un changement aux sous-positions 90 sous-position à l’intérieur de ce groupe
9022.90
Un changement à la sous-position 902
90.23
Un changement à la position 90.23 de
9024.10-9024.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9024.90 9025.11-9025.80
Un changement à la sous-position 902
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9025.90
Un changement à la sous-position 902
9026.10-9026.80
Un changement aux sous-positions 90 sous-position à l’intérieur de ce groupe
9026.90
Un changement à la sous-position 902
9027.10-9027.80
Un changement aux sous-positions 90 sous-position à l’intérieur de ce groupe
9027.90
Un changement à la sous-position 902
9028.10-9028.30
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9028.90
Un changement à la sous-position 902
9029.10-9029.20
(1) Un changement aux sous-positions
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 90
Instruments et appareils d’optique, de de précision; instruments et appareils appareils
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9029.90
Un changement à la sous-position 902
9030.10-9030.89
Un changement à l’une des sous-posit autre sous-position, y compris une aut
9030.90
Un changement à la sous-position 903
9031.10-9031.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9031.90
Un changement à la sous-position 903
9032.10-9032.89
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 35 p. 100 selon la méth 9032.90
Un changement à la sous-position 903
90.33
Un changement à la position 90.33 de
Chapitre 91
Horlogerie
91.01-91.07
(1) Un changement aux positions 91.0 l’intérieur de ce groupe, sauf les positio
(2) Un changement aux positions 91.0 un changement de toute autre position tion que la teneur en valeur régionale n sactionnelle. 91.08-91.10
Un changement aux positions 91.08 à 9 l’intérieur de ce groupe, à la condition selon la méthode de la valeur transacti
9111.10-9111.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute au pas inférieure à 50 p. 100 selon la méth 9111.90
Un changement à la sous-position 9111
9112.20
(1) Un changement à la sous-position
(2) Un changement à la sous-position un changement de toute autre position rieure à 50 p. 100 selon la méthode de 9112.90
Un changement à la sous-position 9112
91.13-91.14
Un changement aux positions 91.13 à 9 l’intérieur de ce groupe.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 92
Instruments de musique; parties et acc
92.01
(1) Un changement à la position 92.01
(2) Un changement à la position 92.01 de toute autre position, à la condition q selon la méthode de la valeur transacti 9202.10-9202.90
(1) Un changement aux sous-positions 92.09;
(2) Un changement aux guitares de la ment un changement de toute autre po inférieure à 30 p. 100 selon la méthode
(3) Un changement à tout autre produ ait ou non également un changement d nale ne soit pas inférieure à 50 p. 100 s 92.03-92.08
(1) Un changement aux positions 92.0 l’intérieur de ce groupe, sauf de la posi
(2) Un changement aux positions 92.0 gement de toute autre position, y comp la teneur en valeur régionale ne soit pa nelle. 92.09
Un changement à la position 92.09 de t
SECTION XIX
Armes, munitions et leurs parties e (chapitre 93) Chapitre 93
Armes, munitions et leurs parties et ac
93.01-93.04
(1) Un changement aux positions 93.0 l’intérieur de ce groupe, sauf de la posi
(2) Un changement aux positions 93.0 gement de toute autre position, y comp teneur en valeur régionale ne soit pas i nelle. 93.05 9306.10-9306.90
Un changement à la position 93.05 de t
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions groupe, qu’il y ait ou non également un en valeur régionale ne soit pas inférieu 93.07
Current to June 20, 2022
Un changement à la position 93.07 de t
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
SECTION XX
Marchandises et produits divers (chapitres 94-96) Chapitre 94
Meubles; mobilier médico-chirurgical; a ni compris ailleurs; lampes-réclames, e similaires; constructions préfabriquées
9401.10-9401.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute aut pas inférieure à 40 p. 100 selon la méth 9401.90
Un changement à la sous-position 9401
94.02
Un changement à la position 94.02 de t
9403.10-9403.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute aut pas inférieure à 40 p. 100 selon la méth 9403.90
Un changement à la sous-position 9403
9404.10-9404.30
Un changement aux sous-positions 940
9404.90
Un changement à la sous-position 9404 52.08 à 52.12, 53.09 à 53.11, 54.07 à 54.
9405.10-9405.60
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions ou non également un changement de t ne soit pas inférieure à 35 p. 100 selon 9405.91-9405.99
Un changement aux sous-positions 940
94.06
Un changement à la position 94.06 de t
Chapitre 95
Jouets, jeux, articles pour divertisseme
95.01
Un changement à la position 95.01 de t
9502.10
(1) Un changement à la sous-position 9
(2) Un changement à la sous-position 9 également un changement de toute aut pas inférieure à 50 p. 100 selon la méth 9502.91-9502.99
Un changement aux sous-positions 950
9503.10-9503.90
(1) Un changement aux sous-positions
(2) Un changement à un ensemble de l position ou de toute autre sous-position
a) qu’au moins un des produits qui ment et des contenants de l’ensemb
b) la teneur en valeur régionale de l valeur transactionnelle. 95.04-95.05
Current to June 20, 2022
Un changement aux positions 95.04 à 9 l’intérieur de ce groupe.
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 95
Jouets, jeux, articles pour divertisseme
9506.11-9506.29
Un changement aux sous-positions 950
9506.31
(1) Un changement à la sous-position 9
(2) Un changement à la sous-position 9 changement de toute autre position, à l à 50 p. 100 selon la méthode de la valeu 9506.32-9506.99
Un changement aux sous-positions 950
95.07-95.08
Un changement aux positions 95.07 à 9 l’intérieur du groupe.
Chapitre 96
Ouvrages divers
96.01-96.04
Un changement aux positions 96.01 à 9 l’intérieur de ce groupe.
96.05
Un changement à un ensemble de la po
a) qu’au moins un des produits qui ment et des contenants de l’ensemb
b) la teneur en valeur régionale de l valeur transactionnelle. 9606.10
Un changement à la sous-position 9606
9606.21-9606.29
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute aut pas inférieure à 30 p. 100 selon la méth 9606.30
Un changement à la sous-position 9606
9607.11-9607.19
Un changement aux sous-positions 960 sous-position à l’intérieur de ce groupe
9607.20
Un changement à la sous-position 9607
9608.10-9608.40
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions ou non également un changement de to ne soit pas inférieure à 50 p. 100 selon 9608.50
(1) Un changement à la sous-position 9
(2) Un changement à un ensemble de l y ait ou non également un changement
a) qu’au moins un des produits qui ment et des contenants de l’ensemb
b) la teneur en valeur régionale de l valeur transactionnelle. 9608.60-9608.99
Un changement aux sous-positions 960 sous-position à l’intérieur de ce groupe
9609.10-9609.90
Un changement aux sous-positions 960 sous-position à l’intérieur de ce groupe
96.10
Un changement à la position 96.10 de t
96.11
(1) Un changement à la position 96.11
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE I (French)
Chapitre 96
Ouvrages divers
(2) Un changement à un ensemble de l position, à la condition :
a) qu’au moins un des produits qui ment et des contenants de l’ensemb
b) la teneur en valeur régionale de l valeur transactionnelle. 96.12
Un changement à la position 96.12 de t
9613.10-9613.80
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute aut pas inférieure à 50 p. 100 selon la méth 9613.90
Un changement à la sous-position 9613
96.14
(1) Un changement à la position 96.14
(2) Un changement à une pipe ou un fo position, qu’il y ait ou non également u 9615.11-9615.19
(1) Un changement aux sous-positions
(2) Un changement aux sous-positions également un changement de toute aut pas inférieure à 35 p. 100 selon la méth 9615.90
Un changement à la sous-position 9615
96.16-96.18
Un changement aux positions 96.16 à 9 l’intérieur de ce groupe.
SECTION XXI
Objets d’art, de collection ou d’anti (chapitre 97) Chapitre 97
Objets d’art, de collection ou d’antiqui
97.01-97.06
Un changement aux positions 97.01 à 9 l’intérieur de ce groupe.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE II Inventory Management Methods
SCHEDULE II
Inventory Management Methods PART 1
Fungible Materials Interpretation 1 The following definitions apply in this Part, average method means the method by which the origin of fungible materials withdrawn from materials inventory is based on the ratio, calculated under section 5, of originating materials and non-originating materials in materials inventory. (méthode de la moyenne) FIFO method means the method by which the origin of fungible materials first received in materials inventory is considered to be the origin of fungible materials first withdrawn from materials inventory. (méthode PEPS) LIFO method means the method by which the origin of fungible materials last received in materials inventory is considered to be the origin of fungible materials first withdrawn from materials inventory. (méthode DEPS) materials inventory means (a) with respect to a producer of a good, an inventory of fungible materials that are used in the production of the good, and (b) with respect to a person from whom the producer of the good acquired those fungible materials, an inventory from which fungible materials are sold or otherwise transferred to the producer of the good. (stock de matières) opening inventory means the materials inventory at the time an inventory management method is chosen. (stock d’ouverture) origin identifier means any mark that identifies fungible materials as originating materials or non-originating materials. (identificateur d’origine)
General 2 The inventory management methods for determining whether fungible materials referred to in paragraph 5(8)(a) of these Regulations are originating materials are the following: (a) specific identification method; (b) FIFO method;
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE II Inventory Management Methods
(c) LIFO method; and (d) average method. 3 Where a producer of a good or a person from whom the producer acquired the materials that are used in the production of the good chooses an inventory management method referred to in section 2, that method, including the averaging period chosen in the case of the average method, shall be used from the time the choice is made until the end of the fiscal year of the producer or person.
Specific Identification Method 4 (1) Except as otherwise provided under subsection (2), where the producer or person referred to in section 3 chooses the specific identification method, the producer or person shall physically segregate, in materials inventory, originating materials that are fungible materials from non-originating materials that are fungible materials. (2) Where originating materials or non-originating materials that are fungible materials are marked with an origin identifier, the producer or person need not physically segregate those materials under subsection (1) if the origin identifier remains visible throughout the production of the good.
Average Method 5 Where the producer or person referred to in section 3 chooses the average method, the origin of fungible materials withdrawn from materials inventory is determined on the basis of the ratio of originating materials and non-originating materials in materials inventory that is calculated under sections 6 and 7. 6 (1) The ratio is calculated with respect to a one-month or three-month period, at the choice of the producer or person, by dividing (a) the sum of (i) the total units of originating materials or non-originating materials that are fungible materials and that were in materials inventory at the beginning of the preceding one-month or three-month period, and (ii) the total units of originating materials or non-originating materials that are fungible materials and that were received in materials inventory during that preceding one-month or three-month period by (b) the sum of (i) the total units of originating materials and non-originating materials that are fungible materials and that were in materials inventory at the beginning of the preceding one-month or three-month period, and
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE II Inventory Management Methods
(ii) the total units of originating materials and nonoriginating materials that are fungible materials and that were received in materials inventory during that preceding one-month or three-month period. (2) The ratio calculated with respect to a preceding onemonth or three-month period under subsection (1) is applied to the fungible materials remaining in materials inventory at the end of the preceding one-month or three-month period. 7 (1) Where the good is subject to a regional value-content requirement and the regional value content of that good is calculated under the transaction value method or the net cost method, the ratio is calculated with respect to each shipment of the good by dividing (a) the total units of originating materials or non-originating materials that are fungible materials and that were in materials inventory prior to the shipment by (b) the total units of originating materials and non-originating materials that are fungible materials and that were in materials inventory prior to the shipment. (2) The ratio calculated with respect to a shipment of a good under subsection (1) is applied to the fungible materials remaining in materials inventory after the shipment.
Manner of Dealing with Opening Inventory 8 (1) Except as otherwise provided under subsections (2) and (3), where the producer or person referred to in section 3 has fungible materials in opening inventory, the origin of those fungible materials is determined by (a) identifying, in the books of the producer or person, the latest receipts of fungible materials that add up to the amount of fungible materials in opening inventory; (b) determining the origin of the fungible materials that make up those receipts; and (c) considering the origin of those fungible materials to be the origin of the fungible materials in opening inventory.
(2) Where the producer or person chooses the specific identification method and has, in opening inventory, originating materials or non-originating materials that are fungible materials and that are marked with an origin identifier, the origin of those fungible materials is determined on the basis of the origin identifier. (3) The producer or person may consider all fungible materials in opening inventory to be non-originating materials.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE II Inventory Management Methods
PART 2
Fungible Goods Interpretation 9 The following definitions apply in this Part. average method means the method by which the origin of fungible goods withdrawn from finished goods inventory is based on the ratio, calculated under section 13, of originating goods and non-originating goods in finished goods inventory. (méthode de la moyenne) FIFO method means the method by which the origin of fungible goods first received in finished goods inventory is considered to be the origin of fungible goods first withdrawn from finished goods inventory. (méthode PEPS) finished goods inventory means an inventory from which fungible goods are sold or otherwise transferred to another person. (stock de produits finis) LIFO method means the method by which the origin of fungible goods last received in finished goods inventory is considered to be the origin of fungible goods first withdrawn from finished goods inventory. (méthode DEPS) opening inventory means the finished goods inventory at the time an inventory management method is chosen. (stock d’ouverture) origin identifier means any mark that identifies fungible goods as originating goods or non-originating goods. (identificateur d’origine)
General 10 The inventory management methods for determining whether fungible goods referred to in paragraph 5(8)(b) of these Regulations are originating goods are the following: (a) specific identification method; (b) FIFO method; (c) LIFO method; and (d) average method. 11 Where an exporter of a good or a person from whom the exporter acquired the good chooses an inventory management method referred to in section 10, that method, including the averaging period chosen in the case of the average method, shall be used from the time the choice is made until the end of the fiscal year of the exporter or person.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE II Inventory Management Methods
Specific Identification Method 12 (1) Except as provided under subsection (2), where the exporter or person referred to in section 11 chooses the specific identification method, the exporter or person shall physically segregate, in finished goods inventory, originating goods that are fungible goods from non-originating goods that are fungible goods. (2) Where originating goods or non-originating goods that are fungible goods are marked with an origin identifier, the exporter or person need not physically segregate those goods under subsection (1) if the origin identifier is visible on the fungible goods.
Average Method 13 (1) Where the exporter or person referred to in section 11 chooses the average method, the origin of each shipment of fungible goods withdrawn from finished goods inventory during a one-month or three-month period, at the choice of the exporter or person, is determined on the basis of the ratio of originating goods and non-originating goods in finished goods inventory for the preceding one-month or three-month period that is calculated by dividing (a) the sum of (i) the total units of originating goods or non-originating goods that are fungible goods and that were in finished goods inventory at the beginning of the preceding one-month or three-month period, and (ii) the total units of originating goods or non-originating goods that are fungible goods and that were received in finished goods inventory during that preceding one-month or three-month period by (b) the sum of (i) the total units of originating goods and non-originating goods that are fungible goods and that were in finished goods inventory at the beginning of the preceding one-month or three-month period, and (ii) the total units of originating goods and non-originating goods that are fungible goods and that were received in finished goods inventory during that preceding one-month or three-month period.
(2) The ratio calculated with respect to a preceding onemonth or three-month period under subsection (1) is applied to the fungible goods remaining in finished goods inventory at the end of the preceding one-month or three-month period.
Current to June 20, 2022
CCRFTA Rules of Origin Regulations SCHEDULE II Inventory Management Methods
Manner of Dealing with Opening Inventory 14 (1) Except as otherwise provided under subsections (2) and (3), where the exporter or person referred to in section 11 has fungible goods in opening inventory, the origin of those fungible goods is determined by (a) identifying, in the books of the exporter or person, the latest receipts of fungible goods that add up to the amount of fungible goods in opening inventory; (b) determining the origin of the fungible goods that make up those receipts; and (c) considering the origin of those fungible goods to be the origin of the fungible goods in opening inventory.
(2) Where the exporter or person chooses the specific identification method and has, in opening inventory, originating goods or non-originating goods that are fungible goods and that are marked with an origin identifier, the origin of those fungible goods is determined on the basis of the origin identifier. (3) The exporter or person may consider all fungible goods in opening inventory to be non-originating goods.
Current to June 20, 2022
|
CONSOLIDATION
Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order
SI/2016-21
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 Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order
Remission
Current to June 20, 2022
ii
Registration SI/2016-21 May 4, 2016
FINANCIAL ADMINISTRATION ACT Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order
P.C. 2016-231
April 15, 2016
His Excellency the Governor General in Council, considering that the collection of debts for certain unauthorized payments in respect of travel expenses and other expenses, allowances and benefits is unreasonable and unjust, on the recommendation of the Minister of National Defence and the Treasury Board, pursuant to subsection 23(2.1)a of the Financial Administration Actb, makes the annexed Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order.
a
S.C. 1991, c. 24, s. 7(2)
b
R.S., c. F-11
Current to June 20, 2022
Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order
Remission 1 Subject to section 2, remission is granted, in a total amount of $147,487,513 including interest, to any beneficiary of unauthorized payments in respect of (a) separation expenses paid during the period beginning on September 1, 2001 and ending on January 31, 2011 (i) to an officer or non-commissioned member who
was a member of the reserve force on Class “B” Reserve Service and who would have been entitled to separation expenses under instruction 209.997 of the Compensation and Benefits Instructions for the Canadian Forces had they been a member of the reserve force on Class “C” Reserve Service during the relevant period, in respect of any category of separation expense, up to the amounts that were authorized at that time under that instruction or fixed at that time under the authority of the Chief of the Defence Staff, (ii) to an officer or non-commissioned member, in
respect of lodging, to the extent that the expenses exceeded amounts authorized at that time by instruction 209.997, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, (iii) to an officer or non-commissioned member returning from temporary duty or attached posting, in respect of interim lodging and meal costs, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, (iv) to an officer or non-commissioned member, in
respect of lease liability costs, furniture rental, and one-time connection fees for cable, Internet, cellular telephones and land-line telephones, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, and (v) to an officer or non-commissioned member who married another officer or non-commissioned member at a time when the two were not posted to the same location;
Current to June 20, 2022
Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order Remission Section 1
(b) travel expenses for next of kin of an ill, injured,
deceased or released officer or non-commissioned member paid from the Canadian Forces Contingency Fund during the period beginning on April 1, 2007 and ending on January 31, 2011; (c) transportation on leave expenses of an officer or non-commissioned member that were purported to be authorized under instruction 209.50 of the Compensation and Benefits Instructions for the Canadian Forces, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on February 1, 2007 and ending on January 31, 2011; (d) expenses for the storage of a private motor vehicle
of an officer or non-commissioned member while they were absent on duty, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on April 1, 2006 and ending on January 31, 2011; (e) travel expenses of a person holding an honorary appointment under article 3.06 of the Queen’s Regulations and Orders for the Canadian Forces, paid during the period beginning on January 1, 2005 and ending on January 31, 2011; (f) expenses for the maintenance and safeguarding of
a vacant residence of an officer or non-commissioned member while absent on duty, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on September 1, 2001 and ending on January 31, 2011; (g) temporary duty travel expenses and allowances of an officer or non-commissioned member, while on an attachment, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on July 1, 2006 and ending on January 31, 2011; (h) financial assistance for an ill, injured or released
officer or non-commissioned member, or their family members, or for the family members of a deceased officer or non-commissioned member, paid during the period beginning on April 1, 1999 and ending on January 31, 2011; (i) compassionate travel assistance for an officer or
non-commissioned member that was purported to be authorized under instruction 209.51 of the Compensation and Benefits Instructions for the Canadian Forces, paid during the period beginning on April 1, 2006 and ending on January 31, 2011;
Current to June 20, 2022
Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order Remission Sections 1-3
(j) recruitment allowances for an officer or non-commissioned member, or for an applicant to the Canadian Forces, that were purported to be authorized under instruction 205.525 of the Compensation and Benefits Instructions for the Canadian Forces, paid during the period beginning on May 1, 2002 and ending on October 31, 2005; and (k) vacation travel allowances paid during the period
beginning on January 1, 2004 and ending on April 30, 2010, to Brian Donohue in the amount of $20,317, to Maria Groenewege in the amount of $16,732 and to Kathreen Siberry in the amount of $9,562.
2 Amounts that have been recovered are not remitted.
3 (1) Remission is granted to any accounting officer for
the unrecovered amount of any unauthorized payments referred to in section 1, including payable interest, for which the officer is responsible. (2) In this section, accounting officer means any current or former accounting officer, as defined in article 1.02 of the Queen’s Regulations and Orders for the Canadian Forces, or any other person who has performed the functions of such an officer.
Current to June 20, 2022
|
CONSOLIDATION
Critical Habitat of the Rayed Bean (Villosa fabalis) Order
SOR/2019-330
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 Rayed Bean (Villosa fabalis) Order 1
Application
Coming into force
Current to June 20, 2022
ii
Registration SOR/2019-330
September 11, 2019
SPECIES AT RISK ACT Critical Habitat of the Rayed Bean (Villosa fabalis) Order
Whereas the Rayed Bean (Villosa fabalis) 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 Rayed Bean (Villosa fabalis) Order. Ottawa, September 6, 2019 Jonathan Wilkinson Minister of Fisheries and Oceans
a
S.C. 2002, c. 29
b
S.C. 2015, c. 10, s. 60
Current to June 20, 2022
Critical Habitat of the Rayed Bean (Villosa fabalis) Order
Application 1 Subsection 58(1) of the Species at Risk Act applies to
the critical habitat of the Rayed Bean (Villosa fabalis), 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
CCRFTA Tariff Preference Regulations
SOR/2002-397
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 CCRFTA Tariff Preference Regulations 1
General
*2
Coming into Force
Current to June 20, 2022
ii
Registration SOR/2002-397
October 31, 2002
CUSTOMS TARIFF CCRFTA Tariff Preference Regulations P.C. 2002-1861
October 31, 2002
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to paragraph 16(2)(b) of the Customs Tariffa, hereby makes the annexed CCRFTA Tariff Preference Regulations.
a
S.C. 1997, c. 36
Current to June 20, 2022
CCRFTA Tariff Preference Regulations
General 1 For the purposes of paragraph 24(1)(b) of the Customs Tariff, goods are entitled to the benefit of the Costa Rica Tariff where (a) the goods are shipped from Costa Rica, 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 Costa Rica 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 37 of the Canada-Costa Rica Free Trade Agreement Implementation Act, chapter 28 of the Statutes of Canada, 2001, comes into force. *
* [Note: Regulations in force November 1, 2002, see SI/ 2002-146.]
Current to June 20, 2022
|
CONSOLIDATION
Critical Habitat of the Pugnose Shiner (Notropis anogenus) Order
SOR/2019-326
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 Pugnose Shiner (Notropis anogenus) Order 1
Application
Coming into force
Current to June 20, 2022
ii
Registration SOR/2019-326
September 11, 2019
SPECIES AT RISK ACT Critical Habitat of the Pugnose Shiner (Notropis anogenus) Order
Whereas the Pugnose Shiner (Notropis anogenus) 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; 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 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 Indigenous Services and the band 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 Pugnose Shiner (Notropis anogenus) Order. Ottawa, September 6, 2019
a
S.C. 2002, c. 29
b
S.C. 2015, c. 10, s. 60
Current to June 20, 2022
Critical Habitat of the Pugnose Shiner (Notropis anogenus) Order
Le ministre des Pêc
Jonathan Minister of Fishe
Current to June 20, 2022
Critical Habitat of the Pugnose Shiner (Notropis anogenus) Order
Application 1 Subsection 58(1) of the Species at Risk Act applies to
the critical habitat of the Pugnose Shiner (Notropis anogenus) – 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 Thousand Islands National Park of Canada as described in Part 5 of Schedule 1 to the Canada National Parks Act, as well as the Big Creek Unit of Big Creek National Wildlife Area, Long Point National Wildlife Area, the St. Clair Unit of St. Clair National Wildlife Area and Wellers Bay National Wildlife Area, each of which are 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 Development Investment Corporation Registered Office Relocation Order
SOR/90-706
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 Development Investment Corporation to Apply for Articles of Amendment to Relocate its Registered Office
Short Title
Authorized Transaction
Current to June 20, 2022
ii
Registration SOR/90-706 October 11, 1990
FINANCIAL ADMINISTRATION ACT Canada Development Investment Registered Office Relocation Order
P.C. 1990-2217
Corporation
October 11, 1990
Whereas Canada Development Investment Corporation is a parent Crown corporation, incorporated under the Canada Business Corporations Act, and subject to Part X of the Financial Administration Act; Whereas subsection 91(4) of the Financial Administration Act requires that an application for articles in respect of a parent Crown corporation be authorized by order of the Governor in Council; Whereas the proposed application for articles of amendment in respect of Canada Development Investment Corporation does not add to or otherwise make a material change in the objects or purposes for which Canada Development Investment Corporation is incorporated or the restrictions on the businesses or activities that Canada Development Investment Corporation may carry on, as set out in its articles; And Whereas, pursuant to subsection 91(6) of the Financial Administration Act, the Governor in Council is satisfied that Canada Development Investment Corporation is otherwise empowered to apply for the proposed articles of amendment pursuant to section 173 of the Canada Business Corporations Act; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of State (Privatization and Regulatory Affairs), pursuant to subsection 91(4) of the Financial Administration Act, is pleased hereby to make the following Order authorizing Canada Development Investment Corporation to apply for articles of amendment to relocate its registered office.
Current to June 20, 2022
Order Authorizing Canada Development Investment Corporation to Apply for Articles of Amendment to Relocate its Registered Office
Short Title 1 This order may be cited as the Canada Development
Investment Corporation Registered Office Relocation Order.
Authorized Transaction 2 Canada Development Investment Corporation is hereby authorized to apply for articles of amendment in order to relocate its registered office from Vancouver, British Columbia, to Toronto, Ontario.
Current to June 20, 2022
|
CONSOLIDATION
Canada Travelling Exhibitions Indemnification Regulations
SOR/99-467
Current to June 20, 2022 Last amended on January 31, 2013
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 31, 2013. 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 31, 2013
TABLE OF PROVISIONS Canada Travelling Exhibitions Indemnification Regulations 1
Interpretation
Application for Indemnity Agreement
Assessment Criteria
Scope of Indemnity Agreements
Deductible
Maximum Coverage for Single Conveyance
Period of Coverage
Condition Report
Indemnification Claims Procedure
Validity of Claim
Disagreement on Fair Market Value
Costs of Appraisal and Arbitration
Subrogation
Buy-Back
*18
Coming into Force
Current to June 20, 2022 Last amended on January 31, 2013
ii
Registration SOR/99-467 December 9, 1999
CANADA TRAVELLING EXHIBITIONS INDEMNIFICATION ACT Canada Travelling Regulations P.C. 1999-2163
Exhibitions
Indemnification
December 9, 1999
Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 5 of the Canada Travelling Exhibitions Indemnification Acta, hereby makes the annexed Canada Travelling Exhibitions Indemnification Regulations.
a
S.C. 1999, c. 29
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations
Interpretation 1 The definitions in this section apply in these Regulations. Act means the Canada Travelling Exhibitions Indemnification Act. (Loi) applicant means an institution situated in Canada that organizes or hosts a travelling exhibition, and that applies for an indemnity agreement on its behalf, or on behalf of all institutions that host the exhibition in Canada; (demandeur) indemnity agreement means an agreement entered into under subsection 3(1) of the Act; (accord d’indemnisation) owner means the individual, corporation, partnership, association, trust, government, or other entity that holds full and unconditional title to an object or appurtenance, or their designated representative; (propriétaire)
Application for Indemnity Agreement 2 An applicant may seek an indemnity agreement in respect of objects and appurtenances in a travelling exhibition if the minimum total fair market value of all objects and appurtenances in the exhibition is $500,000.
3 An applicant who seeks an indemnity agreement shall submit an application to the Minister that sets out the following information: (a) the title, schedule, list of venues and an abstract or summary of the travelling exhibition in respect of which an indemnity agreement is sought, and the name of its project director with a list of his or her professional qualifications; (b) a description of each object and appurtenance to
be indemnified, including its (i) name,
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations Application for Indemnity Agreement Sections 3-5
(ii) creation date or age, (iii) material or medium, and (iv) dimensions; (c) the name and address of the owner of each object and appurtenance to be indemnified, and written evidence from each owner that they are willing to lend the object or appurtenance to the proposed travelling exhibition and are prepared to be bound by the terms of an indemnity agreement; (d) the fair market value of each object and appurtenance to be indemnified and the source and justification of the fair market value; (e) the total fair market value of all objects and appurtenances in the travelling exhibition; (f) a description of any other insurance or indemnification coverage that will be applicable to the objects or appurtenances to be indemnified during any period in respect of which an indemnity agreement is sought; (g) a description of any loss or damage that occurred
at the premises of the applicant or other institution hosting the travelling exhibition that involved an object or appurtenance during the three years before the application, if the amount of loss or damage was more than $5,000, including the date of loss or damage, the nature and cause of the loss or damage, and the fair market value of each lost or damaged object or appurtenance both before and after the loss or damage; (h) information that shows how the travelling exhibition would meet the assessment criteria set out in section 5; and (i) any other information that is relevant in order to
allow the Minister to determine whether to enter into an indemnity agreement. 4 The Minister may have the fair market value of an object or appurtenance that is the subject of an application for an indemnity agreement reviewed, in which case the procedure set out in section 14 shall apply, with any modifications that the circumstances require.
Assessment Criteria 5 The Minister shall apply the following criteria when assessing whether to enter into an indemnity agreement in respect of an object or appurtenance:
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations Assessment Criteria Section 5
(a) when the theme and contents of the travelling exhibition are Canadian, they must enable present and future generations of Canadians to be exposed to their human, natural, artistic and scientific heritage, and thereby enhance their awareness, understanding, and enjoyment of the richness of that heritage; (b) when the theme and contents of the travelling exhibition are of a global significance, the travelling exhibition must display objects of cultural property that are of significance in the areas of archaeology, prehistory, history, sociology, ethnography, art or science; (c) the travelling exhibition must maintain high
museological standards; (d) the travelling exhibition must further knowledge
concerning the theme or material presented; (e) public awareness of and access to the travelling exhibition must be maximized at each venue; (f) the risk of damage to the object or appurtenance,
because of its size or the fragile nature of its composition or material, must be minimal; (g) the object or appurtenance must be transported by appropriate means of transportation and by competent shippers, in order to minimize the risk of loss or damage; (h) the object or appurtenance must be packed and
crated in such a manner as to withstand the normal hazards associated with the applicable means of transportation, and must be packed, unpacked and installed by competent professionals; (i) the facilities of all institutions hosting the travelling exhibition must meet museum industry standards with regard to arrangements for security, fire protection and collections preservation, including environmental control; (j) appropriate arrangements must be made with respect to enhanced security measures that are necessary for the object or appurtenance while on display, in storage and in transit; (k) when the object or appurtenance has particular
environmental requirements, it must be subject to appropriate environmental control, including lighting, temperature, relative humidity and shock or vibration, while on display, in storage and in transit; and (l) the object or appurtenance must be safe and secure while on display, in storage and in transit.
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations Assessment Criteria Sections 5-8
Scope of Indemnity Agreements 6 An indemnity agreement shall apply only in respect of the portion of the fair market value of an object or appurtenance that is not insured or indemnified, during the period in which the agreement is in effect, by other insurance or indemnification coverage not provided for under these Regulations.
Deductible 7 The deductible amount of indemnity coverage for each
travelling exhibition, based on the total fair market value of all the objects and appurtenances in it, is (a) $30,000, if the total fair from $500,000 to $3,000,000;
market
value
is
(b) $40,000, if the total fair market value is from $3,000,001 to $10,000,000; (c) $50,000, if the total fair from $10,000,001 to $50,000,000;
market
value
is
(d) $75,000, if the total fair market value is from $50,000,001 to $100,000,000; (e) $200,000, if the total fair market value is from $100,000,001 to $200,000,000; (f) $300,000, if the total fair market value is from $200,000,001 to $300,000,000; (g) $500,000,
if the total fair market value is from $300,000,001 to $450,000,000; and
(h) $700,000, if the total fair market value is from $450,000,001 to $600,000,000. SOR/2013-11, s. 1.
Maximum Coverage for Single Conveyance 8 Indemnity coverage for objects and appurtenances
transported in a single conveyance may not exceed $100,000,000.
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations Period of Coverage Sections 9-11
Period of Coverage 9 The period of coverage in an indemnity agreement
shall not exceed two years, but the Minister may extend the period for an additional year if (a) an extension of the loan of an object or appurtenance is necessary to accommodate additional venues; (b) delays in transit occur that are beyond the control
of the applicant; or (c) the Minister has undertaken to restore a damaged
object or appurtenance under subparagraph 12(b)(ii).
Condition Report 10 Within 15 days after the applicant assumes responsibility for the safeguarding of an object or appurtenance that is the subject of an indemnity agreement, the applicant shall file with the Minister a condition report describing the physical condition of the object or appurtenance as of the time that the applicant accepts responsibility for its safeguarding. SOR/2010-12, s. 1.
Indemnification Claims Procedure 11 (1) In the event of loss or damage to an object or appurtenance that is the subject of an indemnity agreement, the owner (a) shall notify the Minister within two business days
after the discovery of the loss or damage; and (b) may, where the owner is seeking to be indemnified under an indemnity agreement, file with the Minister a claim in writing within 90 days after the date specified in an indemnity agreement by which an object or appurtenance is to be returned to the place designated by the owner, or within 60 days after the date on which the object or appurtenance is so returned, whichever date is earlier. (2) The claim must be accompanied by written proof of the loss or damage that is supported by a statutory declaration that includes the following information:
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations Indemnification Claims Procedure Sections 11-13
(a) a complete and detailed inventory of the lost or
damaged object or appurtenance with detailed information regarding its fair market value before and after the loss or damage; (b) the location of the object or appurtenance at the time of the loss or damage; (c) when and how the loss or damage occurred, and if
it was caused by fire or explosion, how the fire or explosion started, as far as the owner knows or believes; (d) a statement that the loss or damage did not occur
through any wilful act or negligence of the owner or with the owner’s connivance; (e) all condition reports that, under the indemnity
agreement, have been completed in respect of the object or appurtenance throughout the travelling exhibition; and (f) any other documentation or information that is
relevant in order to allow the Minister to determine the validity of the claim.
Validity of Claim 12 If the Minister determines that a claim is valid and that (a) the loss is total, the Minister shall pay the amount
of the claim to the owner in accordance with the terms of the indemnity agreement; or (b) the loss or damage is partial and the Minister
agrees with the consequent reduction in the fair market value of the object or appurtenance as set out in the claim, the Minister shall (i) pay the amount of the claim to the owner, in accordance with the terms of the indemnity agreement, or (ii) subject to the written agreement of the owner, have the object or appurtenance restored to the condition described in the report referred to in section 10. 13 (1) If the Minister determines that a claim is not
valid, the Minister shall advise the owner of the object or appurtenance of this in writing. (2) An owner may have the determination of the Minister reviewed by a competent and disinterested arbitrator selected jointly by the Minister and the owner.
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations Validity of Claim Sections 13-16
(3) The arbitrator’s determination is final and binding on the parties.
Disagreement on Fair Market Value 14 (1) If the Minister and the owner fail to agree on the
extent of the partial loss or damage to, or on any consequent reduction in the fair market value of, the object or appurtenance, each shall select a competent appraiser or appraisers who shall independently consider the extent of the partial loss or damage and each determine any consequent reduction in the fair market value of the object or appurtenance. (2) If the Minister and the owner agree on the extent of the partial loss or damage and the consequent reduction in the fair market value of an object or appurtenance, based on the determinations of the appraisers made under subsection (1), the Minister shall act in accordance with subparagraph 12(b)(i) or (ii). (3) If the Minister and the owner continue to disagree on
the extent of the partial loss or damage and the consequent reduction in the fair market value of an object or appurtenance the Minister and owner shall jointly select a competent and disinterested arbitrator to determine the matter. (4) The arbitrator’s determination is final and binding on the parties.
Costs of Appraisal and Arbitration 15 (1) Each appraiser and all expenses incurred during
the preparation of an appraisal shall be paid by the party selecting him or her. (2) The arbitrator and all expenses incurred during the
preparation of an arbitration shall be paid by the parties in equal shares.
Subrogation 16 After compensation for loss or damage has been paid under these Regulations, the Minister shall be subrogated to all the owner’s rights of recovery against any person or entity.
Current to June 20, 2022 Last amended on January 31, 2013
Canada Travelling Exhibitions Indemnification Regulations Buy-Back Sections 17-18
Buy-Back 17 (1) If compensation has been paid under these Regulations in respect of an indemnified object or appurtenance that was lost and then recovered, the object or appurtenance becomes the property of the Minister on its recovery. (2) The owner may buy back the object or appurtenance and if the owner does so, its price shall be (a) if it is not damaged, the amount of compensation paid to the owner under these Regulations; and (b) if it is damaged, the fair market value of the object or appurtenance in its damaged state. (3) If the Minister and the owner do not agree on the fair
market value of an object or appurtenance in its damaged state, the procedure set out in section 14 shall apply, with any modifications that the circumstances require.
Coming into Force 18 These Regulations come into force on the day on which the Canada Travelling Exhibitions Indemnification Act, being chapter 29 of the Statutes of Canada, 1999, comes into force.
*
*
[Note: Regulations in force December 15, 1999, see SI/99-137.]
Current to June 20, 2022 Last amended on January 31, 2013
|
CONSOLIDATION
CJFTA Tariff Preference Regulations
SOR/2012-181
Current to June 20, 2022 Last amended on October 1, 2012
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 1, 2012. 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 1, 2012
TABLE OF PROVISIONS CJFTA Tariff Preference Regulations 1
Interpretation
General
*3
Coming into Force
Current to June 20, 2022 Last amended on October 1, 2012
ii
Registration SOR/2012-181
September 20, 2012
CUSTOMS TARIFF CJFTA Tariff Preference Regulations P.C. 2012-1082
September 20, 2012
His 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 CJFTA 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 October 1, 2012
CJFTA Tariff Preference Regulations
Interpretation 1 In these Regulations, originating means qualifying as
originating in the territory of a Party under the rules of origin set out in Chapter 4 (Rules of Origin) of the Canada–Jordan Free Trade Agreement, signed on June 28, 2009.
General 2 For the purposes of paragraph 24(1)(b) of the Customs Tariff, originating goods exported from Jordan are entitled to the benefit of the Jordan Tariff if (a) the goods are shipped to Canada without shipment through another 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 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 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.
Coming into Force 3 These Regulations come into force on the day on which section 36 of the Canada–Jordan Economic Growth and Prosperity Act, chapter 18 of the Statutes of Canada, 2012, comes into force. *
*
[Note: Regulations in force October 1, 2012.]
Current to June 20, 2022 Last amended on October 1, 2012
|
CONSOLIDATION
Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations
SOR/2002-195
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 Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations 1
Interpretation
Clarification
Coming into Force
Current to June 20, 2022
ii
Registration SOR/2002-195
May 23, 2002
FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations P.C. 2002-827
May 23, 2002
Whereas the Governor General in Council considers it necessary to clarify, in relation to section 5 of the Foreign Missions and International Organizations Acta, the application of the Convention on the Privileges and Immunities of the United Nations. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 13b of the Foreign Missions and International Organizations Act, hereby makes the annexed Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations.
a
S.C. 2000, c. 12, s. 119
b
S.C. 1991, c. 41
Current to June 20, 2022
Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations
Interpretation 1 The following definitions apply in these Regulations.
Act means the Foreign Missions and International Organizations Act. (Loi) common-law partner means, in relation to an individual, 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) Convention means the Convention on the Privileges and Immunities of the United Nations set out in Schedule III to the Act. (Convention)
Clarification 2 (1) For the purpose of clarifying, in relation to section 5 of the Act, the application of provisions of the Convention, in particular paragraphs 11(d) and 18(d) and (f) and section 19, the Convention shall be applied in Canada in a manner that extends to common-law partners the treatment afforded to spouses. (2) For the purpose of clarifying, in relation to section 5
of the Act, the application of provisions of the Convention, the Organization of American States Privileges and Immunities in Canada Order, the International Telecommunication Union Privileges and Immunities Order and subsection 5(1) of the Agence de la Francophonie and the Institut de l’énergie et de l’environnement de la Francophonie Privileges and Immunities Order, the privileges and immunities accorded under paragraphs 11(d) and 18(d) and (f) and section 19 of the Convention are extended to the spouses and commonlaw partners of the persons referred to in those provisions. (3) For the purpose of clarifying, in relation to section 5
of the Act, the application of provisions of the Convention, in particular section 19, the Convention shall be applied in Canada in a manner that extends, to the minor children of a spouse or common-law partner of the persons referred to in that section, the treatment afforded to the minor children of those persons.
Current to June 20, 2022
Regulations Clarifying the Application of Provisions of the Convention on the Privileges and Immunities of the United Nations Coming into Force Section 3
Coming into Force 3 These Regulations come into force on the day on
which they are registered.
Current to June 20, 2022
|
CONSOLIDATION
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010
SOR/2010-245
Current to June 20, 2022 Last amended on April 1, 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 April 1, 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 April 1, 2015
TABLE OF PROVISIONS Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010
Interpretation
Application
Provision of Information to Beneficiaries
Funding
Funding Rules for 2010 and Subsequent Plan Years
Funding Rules for 2011 and Subsequent Plan Years
Funding Rules for 2012 and Subsequent Plan Years
Reduction of Aggregate Amount of Deferred Special Payments
Application of Gains
Early Retirement Benefits
Void Amendments
Statement of Investment Policies and Procedures
Information to Be Provided
Termination of Plan
Current to June 20, 2022 Last amended on April 1, 2015
ii
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 TABLE OF PROVISIONS
Ceasing Funding
Transitional Provision
Cease to Be in Force
Repeal
*21
Coming into Force
Current to June 20, 2022 Last amended on April 1, 2015
iv
Registration SOR/2010-245
October 28, 2010
PENSION BENEFITS STANDARDS ACT, 1985
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010
P.C. 2010-1357
October 28, 2010
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 39a of the Pension Benefits Standards Act, 1985b, hereby makes the annexed Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010.
a
S.C. 2010, c. 12, s. 1820
b
R.S., c. 32 (2nd Supp.)
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010
Interpretation 1 (1) The following definitions apply in these Regulations. Act means the Pension Benefits Standards Act, 1985. (Loi) aggregate amount of deferred special payments means the sum of the amounts considered to be owed to the pension fund under section 8 of the Canadian Press Pension Plan Solvency Deficiency Funding Regulations and the portion of special payments that have been deferred under subsection 6(1) of the Solvency Funding Relief Regulations, including interest. (total des paiements spéciaux différés) beneficiary means a member or a former member of the Canadian Press pension plan or any other person who is entitled to pension benefits under that plan except (a) a former member who has transferred all of their
pension benefit credits under section 26 of the Act; (b) a former member who used their pension benefit
credits to purchase a life annuity under section 26 of the Act; (c) a former member who has had their pension benefits transferred to another plan; and (d) a former member for whom the administrator has purchased an immediate or deferred life annuity. (bénéficiaire)
Canadian Press pension plan means the Canadian Press Pension Plan for Employees Represented by the Canadian Media Guild, registered under the Act as number 56945 and the Pension Plan of the Canadian Press, registered under the Act as number 56457. (régime de retraite de la Presse canadienne) subsidized portion of early retirement benefits means the amount by which an early retirement benefit that is payable to a former member under the Canadian Press pension plan with the consent of the employer or the administrator exceeds the amount of an early retirement benefit that would have been payable to that member
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Interpretation Sections 1-2
without that consent. (partie subventionnée des prestations de retraite anticipée)
(2) Except as otherwise provided in these Regulations,
words and expressions used in these Regulations have the same meaning as in the Pension Benefits Standards Regulations, 1985 and the Solvency Funding Relief Regulations. (3) In the case of an inconsistency between these Regulations and the Pension Benefits Standards Regulations, 1985, or the Solvency Funding Relief Regulations, these Regulations prevail.
Application 2 (1) These Regulations apply to the Canadian Press
pension plan if, within 30 days after the day on which these Regulations come into force (a) the employer provides a written statement to the
Superintendent confirming that the information set out in section 3 has been provided to the beneficiaries and that less than one third of the members of the plan have objected and less than one third of the beneficiaries excluding members have objected to their plan being subject to these Regulations and that the plan will meet the solvency standards set out in these Regulations; (b) the administrator provides written notice to the Superintendent and the beneficiaries that the plan will be funded in accordance with these Regulations; (c) the employer provides a declaration to the Superintendent stating that the employer has assumed all the liabilities of the plan and acknowledging that it owes the aggregate amount of deferred special payments; and (d) the employer provides written confirmation to the
Superintendent that it has received an initial investment of $2.25 million. (2) Subsection 6(1) and sections 11 and 12 of the Solvency Funding Relief Regulations do not apply to the Canadian Press pension plan. SOR/2015-60, s. 53(E).
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Provision of Information to Beneficiaries Sections 3-5
Provision of Information to Beneficiaries 3 (1) The administrator shall provide the beneficiaries with the following information: (a) the solvency ratio of the plan as at December 31, 2008 and December 31, 2009 and the estimated solvency ratio as at June 30, 2010; (b) the amount by which the solvency liabilities exceed the solvency assets of the plan as at December 31, 2008 and December 31, 2009 and the estimated amount by which the solvency liabilities exceed the solvency assets as at June 30, 2010; (c) a description of the extent to which the beneficiaries’ benefits would be reduced if the plan were fully terminated and wound up with the estimated solvency ratio as at June 30, 2010; (d) a statement indicating that the application of these Regulations to the plan may result in a reduction of benefits as compared to those that the beneficiaries were entitled to receive as at June 30, 2010; and (e) a statement indicating that the subsidized portion of early retirement benefits may only be paid if the aggregate amount of the subsidized portion does not result in the reduction of the solvency ratio as at December 31, 2008 by more than 10%. (2) If the costs of compliance with subsection (1) are paid out of the Canadian Press pension plan, the employer shall reimburse the plan with an amount equal to those costs within 30 days of the coming into force of these Regulations.
Funding 4 Despite section 8 of the Pension Benefits Standards Regulations, 1985, the Canadian Press pension plan meets the standards for solvency if the funding of the plan is in accordance with these Regulations.
Funding Rules for 2010 and Subsequent Plan Years 5 (1) The solvency deficiency as at December 31, 2009 is determined to be the amount by which the solvency
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Funding Rules for 2010 and Subsequent Plan Years Sections 5-6
liabilities exceed the sum of the solvency assets, not including the amounts deferred under section 7 of the Canadian Press Pension Plan Solvency Deficiency Regulations, and the present value of the going concern special payments payable for the period beginning on January 1, 2010 and ending December 31, 2023.
(2) On December 1, 2010, the Canadian Press pension plan shall be funded by a payment equal to the aggregate of (a) a amount equal to one sixth of one of the equal annual solvency special payments that would be sufficient to liquidate the solvency deficiency determined as at December 31, 2009 over 14 years; (b) an amount equal to one sixth of the going concern
special payments determined as at or before December 31, 2009 adjusted to exclude the special payments deferred under section 7 of the Canadian Press Pension Plan Solvency Deficiency Regulations from the going concern assets; and (c) by a contribution equal to the normal cost of the plan. (3) Beginning on January 1, 2011, the plan shall be funded by monthly payments equal to the aggregate of the following amounts: (a) an amount equal to one twelfth of one of the equal annual solvency special payments that would be sufficient to liquidate the solvency deficiency determined on December 31, 2009 over 14 years; (b) an amount equal to one twelfth of the going concern special payments determined as at or before December 31, 2009 adjusted to exclude the special payments deferred under section 7 of the Canadian Press Pension Plan Solvency Deficiency Regulations from the going concern assets; and (c) by a contribution equal to the normal cost of the
plan.
Funding Rules for 2011 and Subsequent Plan Years 6 For the 2011 plan year , the Canadian Press pension plan shall be funded in accordance with section 9 of the Pension Benefits Standards Regulations, 1985 with the following modifications:
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Funding Rules for 2011 and Subsequent Plan Years Sections 6-7
(a) the unfunded liability is the amount by which the
going concern deficit determined as at December 31, 2010 exceeds the sum of (i) the present value of going concern special payments referred to in paragraph 5(3)(b); and (ii) the present value of solvency special payments
referred to paragraph 5(3)(a); (b) the solvency deficiency on December 31, 2010 shall
be determined as the amount by which the solvency liabilities exceed the sum of (i) the solvency assets, (ii) the present value of going concern special payments payable for the period beginning on January 1, 2010 and ending on December 31, 2023, and (iii) the present value of solvency special payments
referred to in paragraph 5(3)(a); and (c) the solvency special payments shall be sufficient to
liquidate the solvency deficiency by equal annual payments over 13 years.
Funding Rules for 2012 and Subsequent Plan Years 7 For the 2012 and subsequent plan years, the Canadian
Press pension plan shall be funded in accordance with section 9 of the Pension Benefits Standards Regulations, 1985 with the following modifications: (a) the unfunded liability determined as at a valuation date after December 31, 2010 is the amount by which the going concern deficit determined as at that valuation date exceeds the sum of (i) the present value of going concern special payments determined in respect of any plan year after the valuation date, and (ii) the present value of solvency special payments
referred to in paragraphs 5(3)(a) and 6(c) that are payable after the valuation date; (b) the solvency deficiency, determined as at a valuation date after December 31, 2010, is the amount by which the solvency liabilities exceed the sum of (i) the adjusted solvency asset amount, and
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Funding Rules for 2012 and Subsequent Plan Years Sections 7-9
(ii) the present value of going concern special payments determined before January 1, 2011 that are payable after the valuation date but no later than December 31, 2023, and (iii) the present value of solvency special payments
referred to in paragraphs 5(3)(a) and 6(c) that are payable after the valuation date; and (c) if there is a solvency deficiency as at a valuation
date, the annual solvency special payments to fund this deficiency for the plan year following the valuation date shall be equal to the amount determined in accordance with the following formula: A/B – C
where A
is the solvency deficiency,
B
is the greater of (i) the number of years in the period beginning
on the valuation date and ending on December 31, 2023, (ii) five, and C
is the going concern special payments determined after December 31, 2010 and payable in the plan year following the valuation date.
SOR/2015-60, s. 54.
Reduction of Aggregate Amount of Deferred Special Payments 8 The aggregate amount of deferred special payments shall be reduced by any special payment paid to the pension fund.
Application of Gains 9 (1) A solvency gain that emerges on December 31,
2010 shall be calculated as the amount by which the sum of the following amounts exceeds the solvency liabilities: (a) the solvency assets; (b) the present value of the going concern special payments that are payable for the period beginning on January 1, 2011 and ending on December 31, 2023; and (c) the present value of the solvency special payments
referred to in paragraph 5(3)(a) established on December 31, 2009 and payable after December 31, 2010.
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Application of Gains Sections 9-10
(2) A solvency gain that emerges after December 31, 2010
shall be calculated as the amount by which the sum of the following amounts exceed the solvency liabilities: (a) the adjusted solvency asset amount; (b) the present value of the going concern special payments determined before January 1, 2011 that are payable for the period beginning on January 1, 2011 and ending on December 31, 2023; and (c) the present value of the solvency special payments
referred to in paragraphs 5(3)(a) and 6(c) determined as at December 31, 2009 and December 31, 2010 that are payable after the valuation date. (3) For valuation dates after December 31, 2009, if there is a solvency gain, this gain may be applied to reduce the outstanding balance of any solvency deficiency determined before January 1, 2011 and the special payments determined to liquidate that solvency deficiency, which become due at the latest dates in the payment schedule, may be eliminated or reduced in such a way that the present value of the special payments is reduced by the amount of reduction applied to the outstanding balance of the solvency deficiency.
Early Retirement Benefits 10 (1) If the aggregate value of the subsidized portion of
early retirement benefits consented to since January 1, 2009 reduces the solvency ratio of a Canadian Press pension plan as at December 31, 2008 by more than 10%, the employer shall immediately pay to the pension fund an amount that would restore the solvency ratio to the value as at December 31, 2008 minus 10% and shall immediately notify the Superintendent in writing of the payment. (2) For the purpose of subsection (1), the solvency ratio has been reduced by more than 10% if (A – B)/A > 0.10
where A
is the solvency ratio determined as at December 31, 2008; and
B
is the solvency ratio determined as at December 31, 2008 taking into consideration the aggregate value of
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Early Retirement Benefits Sections 10-15
the subsidized portion of early retirement benefits consented to since January 1, 2009. SOR/2015-60, s. 55(F).
11 (1) The amount of any secured borrowing obtained
by the employer once it has obtained an aggregate of $1.5 million of secured borrowing after January 31, 2009 must be subordinated to the aggregate amount of deferred special payments. (2) If the employer does not comply with subsection (1),
it shall immediately notify the Superintendent in writing of its non-compliance and immediately pay to the pension fund the aggregate amount of deferred special payments. These Regulations will then no longer apply. SOR/2015-60, s. 56(F).
Void Amendments 12 For the purposes of paragraph 10.1(2)(d) of the Act, the prescribed solvency ratio level is one.
Statement of Investment Policies and Procedures 13 Despite subsection 7.2(1) of the Pension Benefits
Standards Regulations, 1985, the administrator shall review and confirm or amend the statement of investment policies and procedures referred to in subsection 7.1(1) of those Regulations at least once every quarter.
Information to Be Provided 14 For the purpose of subsection 12(2) of the Act, the administrator shall file with the Superintendent (a) the financial statements of the employer; and (b) a copy of the minutes of Board of Director meetings documenting results of reviews of the statement of investment policies and procedures. 15 (1) The written statement to be provided under paragraph 28(1)(b) of the Act shall, in addition to the information referred to in subsection 23(1) of the Pension Benefits Standards Regulations, 1985, include (a) the aggregate value of the subsidized portion of early retirement benefits consented to in the preceding plan year and the number of members who were
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Information to Be Provided Sections 15-17
granted subsidized early retirement in the preceding plan year; (b) the rate of return of the plan’s portfolio of investments and loans for the previous plan year and the asset mix as at the last plan year end; (c) the amount that the employer paid to the pension
fund during the preceding plan year; and (d) the amount that the employer would have paid to the pension fund in the absence of these Regulations based on the most recently filed actuarial report under subsection 12(2) of the Act. (2) The written statement required to be provided in accordance with paragraph 28(1)(b.1) of the Act shall include all information referred to in paragraphs (1)(b) to (d).
Termination of Plan 16 On the termination of the whole of the Canadian
Press pension plan, the aggregate amount of deferred special payments, less any reductions made under section 8, shall be immediately paid to the pension fund.
Ceasing Funding 17 (1) The employer may cease to be governed by these
Regulations if it gives written notice to the Superintendent. (2) If notice is given on or before December 31, 2018 (a) these Regulations, other than this subsection, cease to apply effective the first plan year following the date of the notice; (b) the aggregate amount of deferred special payments shall be paid into the pension fund in equal monthly instalments during the first plan year following the date of the notice; and (c) the actuarial report required under subsection 12(2) of the Act shall not include the present value of the special payments determined under these Regulations. (3) If notice is given after December 31, 2018 (a) these Regulations, other than this subsection, cease to apply effective the first plan year following the date of the notice;
Current to June 20, 2022 Last amended on April 1, 2015
Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010 Ceasing Funding Sections 17-21
(b) the aggregate amount of deferred special payments shall be paid to the pension fund in equal monthly instalments during the first plan year following the date of the notice (c) the special payments determined under section 7 shall continue to be made.
Transitional Provision 18 Despite section 13 of the Canadian Press Pension Plan Solvency Deficiency Funding Regulations, the obligation to pay or remit deferred special payments to the pension fund under section 7 of those Regulations is deferred until December 1, 2010. Special payments and normal costs that have been deferred until that date and that have not been paid into the pension fund shall be considered to be owed to the pension fund under section 8 of the Canadian Press Pension Plan Solvency Deficiency Funding Regulations.
Cease to Be in Force 19 These Regulations cease to be in force on January 1,
2024. Repeal 20 [Repeal]
Coming into Force 21 (1) These Regulations, other than subsection 15(2), come into force on November 1, 2010.
*
(2) Subsection 15(2) of these Regulations comes
into force on the day on which subsection 1815(2) of the Jobs and Economic Growth Act, chapter 12 of the Statutes of Canada, 2010, comes into force. *
[Note: Subsection 15(2) in force April 1, 2011, see SI/2011-21.]
Current to June 20, 2022 Last amended on April 1, 2015
|
CONSOLIDATION
Canadian Broiler Hatching Egg Marketing Levies Order
SOR/2000-92
Current to June 20, 2022 Last amended on November 7, 2021
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 7, 2021. 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 7, 2021
TABLE OF PROVISIONS Canadian Broiler Hatching Egg Marketing Levies Order
Interpretation
Levies
Additional Charges
Collection
Statement
Commodity Board
Coming into Force
Current to June 20, 2022 Last amended on November 7, 2021
ii
Registration SOR/2000-92 March 9, 2000
FARM PRODUCTS AGENCIES ACT Canadian Broiler Hatching Egg Marketing Levies Order
Whereas the Governor in Council has, by the Canadian Broiler Hatching Egg Marketing Agency Proclamationa, established the Canadian Broiler Hatching Egg Marketing Agency pursuant to subsection 16(1)b of the Farm Products Agencies Actc; Whereas the Canadian Broiler Hatching Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Broiler Hatching Egg Marketing Agency Proclamationa; Whereas the proposed annexed Canadian Broiler Hatching 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 is satisfied that the proposed Order is necessary for the implementation of the marketing plan that the Canadian Broiler Hatching Egg Marketing Agency is authorized to implement, and has approved the proposed Order; Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Agencies Actc and section 8 of the schedule to the Canadian Broiler Hatching Egg Marketing Agency Proclamationa, hereby makes the annexed Canadian Broiler Hatching Egg Marketing Levies Order.
Ottawa, Ontario, March 2, 2000 a
SOR/87-40
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 November 7, 2021
Canadian Broiler Hatching Egg Marketing Levies Order
Interpretation 1 (1) The definitions in this section apply in this Order.
Agency [Repealed, SOR/2013-253, s. 1] broiler hatching egg [Repealed, SOR/2013-253, s. 1] chick [Repealed, SOR/2013-253, s. 1] Commodity Board [Repealed, SOR/2013-253, s. 1] dealer means a person, other than a producer or hatchery operator, that is engaged in the marketing of broiler hatching eggs in interprovincial or export trade. (négociant) export quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under the Canadian Hatching Egg Producers Quota Regulations, to market in export trade during the period specified in the schedule to those Regulations. (contingent d’exportation) hatchery operator means a person who operates premises equipped with one or more incubators used for the incubation of broiler hatching eggs. (couvoirier) interprovincial quota means the number of broiler hatching eggs that a producer in a signatory province is entitled, under the Canadian Hatching Egg Producers Quota Regulations, to market in interprovincial trade during the period set out in the schedule to those Regulations. (contingent interprovincial) marketing [Repealed, SOR/2013-253, s. 1] non-signatory provinces [Repealed, SOR/2013-253, s. 1] orderly marketing quota means the number of broiler hatching eggs that a producer, dealer or hatchery operator in a non-signatory province is authorised, under the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations, to market in interprovincial trade into a signatory province. (contingent de commercialisation)
Current to June 20, 2022 Last amended on November 7, 2021
Canadian Broiler Hatching Egg Marketing Levies Order Interpretation Sections 1-3
producer [Repealed, SOR/2013-253, s. 1] signatory provinces [Repealed, SOR/2013-253, s. 1]
(2) [Repealed, SOR/2015-242, s. 1] SOR/2008-6, ss. 1, 3; SOR/2013-253, s. 1; SOR/2015-242, s. 1.
Levies 2 (1) A levy is hereby imposed on a producer in a signatory province, per broiler hatching egg produced in the province and marketed by the producer in interprovincial or export trade, as follows: (a) in the Province of Ontario, $0.008904; (b) in the Province of Quebec, $0.012450; (c) in the Province of Manitoba, $0.010370; (d) in the Province of British Columbia, $0.019000; (e) in the Province of Saskatchewan, $0.013000; and (f) in the Province of Alberta, $0.021400.
(2) A levy is imposed on a producer, dealer or hatchery operator in a non-signatory province of $0.014187 per broiler hatching egg produced in any non-signatory province and marketed by that producer, dealer or hatchery operator in interprovincial trade into a signatory province. (3) Subsections (1) and (2) cease to have effect on June
23, 2022. SOR/2001-19, s. 1; SOR/2002-37, s. 1; SOR/2003-95, s. 1; SOR/2004-58, s. 1; SOR/ 2005-77, s. 1; SOR/2005-119, s. 1; SOR/2005-160, s. 1; SOR/2006-54, s. 1; SOR/2007-47, s. 1; SOR/2008-6, s. 2; SOR/2008-92, s. 1; SOR/2008-226, s. 1(F); SOR/2009-72, s. 1; SOR/ 2009-114, s. 1; SOR/2010-46, s. 1; SOR/2010-75, s. 1; SOR/2011-104, s. 1; SOR/2012-55, s. 1; SOR/2013-106, s. 1; SOR/2013-253, s. 2; SOR/2014-146, s. 1; SOR/2015-41, s. 1; SOR/2015-89, s. 1; SOR/2016-79, s. 1; SOR/2016-160, s. 1; SOR/2017-51, s. 1; SOR/ 2017-90, s. 1; SOR/2017-156, s. 1; SOR/2018-48, s. 1; SOR/2018-97, s. 1; SOR/2019-16, s. 1; SOR/2019-284, s. 1; SOR/2020-32, s. 1; SOR/2020-56, s. 1; SOR/2021-108, s. 1; SOR/ 2021-227, s. 1.
Additional Charges 3 (1) An additional charge is hereby imposed on a producer in any signatory province of $0.175 per broiler hatching egg produced in that province and marketed by
Current to June 20, 2022 Last amended on November 7, 2021
Canadian Broiler Hatching Egg Marketing Levies Order Additional Charges Sections 3-6
that producer in interprovincial or export trade in excess of that producer’s interprovincial quota or export quota. (2) An additional charge is hereby imposed on a producer, dealer or hatchery operator in a non-signatory province of $0.175 per broiler hatching egg produced in any non-signatory province and marketed by that producer, dealer or hatchery operator in interprovincial trade into a signatory province in excess of their orderly marketing quota or authorization under subsection 3(3) of the Canadian Broiler Hatching Egg and Chick Orderly Marketing Regulations. (3) Subsections (1) and (2) apply in addition to any measures or sanctions imposed under the Farm Products Agencies Act or any order or regulation of the Agency. SOR/2001-19, s. 2.
Collection 4 The Agency hereby appoints the Commodity Board of
each signatory province to collect on behalf of the Agency the levy imposed by subsection 2(1) and the additional charges imposed by subsection 3(1) on producers in that province. 5 (1) If a producer in a signatory province markets
broiler hatching eggs in interprovincial trade to a dealer or hatchery operator, the dealer or hatchery operator shall (a) collect the levies imposed on the producer by subsection 2(1) by deducting the amount of the levies from the money payable by the dealer or hatchery operator to the producer; and (b) remit the levies to the Commodity Board of that province not later than 15 days after the end of the month in which the broiler hatching eggs are marketed. (2) Where the levies imposed on a producer in a signatory province by subsection 2(1) are not collected and remitted in accordance with subsection (1), the producer shall remit the levy to the Commodity Board of that province not later than 15 days after the end of the month in which the broiler hatching eggs are marketed. 6 A producer in a signatory province shall remit to the Commodity Board of that province the additional charges imposed on the producer by subsection 3(1) not later than seven days after the broiler hatching eggs are marketed.
Current to June 20, 2022 Last amended on November 7, 2021
Canadian Broiler Hatching Egg Marketing Levies Order Collection Sections 7-10
7 A producer, dealer or hatchery operator in a non-signatory province shall remit to the Agency the levies imposed by subsection 2(2) and the additional charges imposed by subsection 3(2) on the producer, dealer or hatchery operator not later than seven days after the broiler hatching eggs are marketed.
Statement 8 When a producer, dealer or hatchery operator remits
levies or additional charges to the Agency or to a Commodity Board under any of sections 5 to 7, the producer, dealer or hatchery operator shall complete, certify and forward to the Agency or the Commodity Board, as a statement that sets out the following information: (a) the name and address of the producer, dealer or hatchery operator on whom the levies or additional charges were imposed; (b) the number of broiler hatching eggs marketed by
the producer, dealer or hatchery operator; (c) the amount of levies or additional charges remitted; and (d) any other information that relates to the levies or additional charges that the Agency or the Commodity Board may direct.
Commodity Board 9 A Commodity Board shall send to the Agency a copy of
the statement required by section 8 and all the levies and additional charges received by the Commodity Board during a week, not later than the Wednesday of the following week.
Coming into Force 10 This Order comes into force on the day on which it is
registered.
Current to June 20, 2022 Last amended on November 7, 2021
|
CONSOLIDATION
Certain Foreign Marine Carriers Remission Order
SI/2008-23
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 Marine Carriers Remission Order
SCHEDULE
Current to June 20, 2022
ii
Registration SI/2008-23 March 5, 2008
FINANCIAL ADMINISTRATION ACT Certain Foreign Marine Carriers Remission Order
P.C. 2008-274
February 14, 2008
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 Fisheries and Oceans and the Treasury Board, pursuant to subsection 23(2.1)a of the Financial Administration Act, hereby makes the annexed Certain Foreign Marine Carriers Remission Order.
a
S.C. 1991, c. 24, s. 7(2)
Current to June 20, 2022
Certain Foreign Marine Carriers Remission Order
1 Remission is hereby granted to the foreign marine carriers set out in column 1 of the schedule of the amounts set out in column 2, which are fees paid or payable by those carriers between 1997 and 2005 under subsection 47(1) of the Oceans Act.
Current to June 20, 2022
Certain Foreign Marine Carriers Remission Order SCHEDULE
SCHEDULE (Section 1) Column 1
Column 2
Name of foreign marine carrier
Remission amount ($)
American Steamship Company Cement Transit Company Great Lakes Associates, Inc. Great Lakes Fleet, Inc. / Key Lakes, Inc. Inland Lakes Management, Inc.
113,288.15 3,049.94 1,914.17 49,924.17 121,602.00
Oglebay Norton Company
29,286.63
Stelco Inc.
69,861.80
Current to June 20, 2022
|
CONSOLIDATION
Canadian Greenhouse Gas Offset Credit System Regulations
SOR/2022-111
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 Greenhouse Gas Offset Credit System Regulations
Interpretation 1
Definitions
Purpose 2
Purpose
Overview 3
Elements of the System
Application 4
Project characteristics
Crediting Period 5
Crediting period
Protocol 6
Registration of a project
Process for Offset Credit Issuance Requirements 7
General requirements
Project Registration 8
Conditions of registration
Aggregation of projects
Application deadline
Registration by the Minister
Change to boundaries
GHG Offset Credit System Account 13
Maintaining account
Cancellation 14
Cancellation
Consequences for sequestration project
Current to June 20, 2022
ii
Canadian Greenhouse Gas Offset Credit System Regulations TABLE OF PROVISIONS
Renewal of Crediting Period 16
Manner of renewal
General Requirements 17
Information management system
Measuring devices
Quantification
Project Report 20
Content — sequestration project
Reversal Risk Management Plan 21
Establishment of plan
Monitoring 22
Tonne-tonne quantification method
Verification 23
Verification body
Verification standard
Conflict of interest
Limits — verification body
Site visit
Content of verification report
Issuance of Offset Credits 29
Criteria for issuance of offset credits
Notification
Environmental integrity account
Errors and Omissions 32
Errors or omissions — identified by proponent
Errors or omissions — identified by Minister
Under-issuance
Over-issuance
Suspension — error or omission
Reversals 37
Proponent’s notice of reversal
Suspension of offset credits
Information to the Minister
Evaluation of reversal
Current to June 20, 2022
iv
Canadian Greenhouse Gas Offset Credit System Regulations TABLE OF PROVISIONS
General 41
Electronic submission
Notification following change
Application for transfer
Information
Content of record
Available to the public
Amendments to the Output-Based Pricing System Regulations Amendments to the Environmental Violations Administrative Monetary Penalties Regulations Coming into Force 50
Registration
SCHEDULE 1
Information to Include in Application for Registration SCHEDULE 2
Information to Include in an Application for Registration of an Aggregation SCHEDULE 3
Content of the Project Report SCHEDULE 4
Content of the Report for an Aggregation of Projects SCHEDULE 5
Content of the Verification Report
Current to June 20, 2022
v
Registration SOR/2022-111
May 20, 2022
GREENHOUSE GAS POLLUTION PRICING ACT ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT
Canadian Greenhouse Gas Offset Credit System Regulations P.C. 2022-529
May 19, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environ‐ ment, makes the annexed Canadian Greenhouse Gas Offset Credit System Regulations pursuant to (a) sections 192 and 195 of the Greenhouse Gas
Pollution Pricing Acta; and (b) section 5b of the Environmental Violations Ad‐
ministrative Monetary Penalties Actc.
a
S.C. 2018, c. 12, s. 186
b
S.C. 2019, c. 28, s. 180
c
S.C. 2009, c. 14, s. 126
Current to June 20, 2022
Interpretation Definitions 1 (1) The following definitions apply in these Regulations. Act means the Greenhouse Gas Pollution Pricing Act. (Loi) authorized official means (a) in respect of a proponent who is an individual, that individual or another individual who is authorized to act on their behalf; (b) in respect of a proponent that is a corporation, an officer of the corporation who is authorized to act on its behalf; and (c) in respect of a proponent that is another entity,
an individual who is authorized to act on its behalf. (agent autorisé) Compendium of Federal Offset Protocols means the document, entitled Compendium of Federal Offset Protocols, that contains the protocols developed by the Department of the Environment and that is published by that Department on its website. (Recueil des protoco‐ les fédéraux) crediting period means, with respect to a project, the period determined in section 5 or the period set out in the protocol during which offset credits can be generated. (période de comptabilisation) environmental integrity account means the account opened and maintained by the Minister in the tracking system to maintain the integrity of the offset credit system. (compte d’intégrité environnementale) hybrid tonne-year in relation to a quantification method, means the quantification method under which the determination of the quantity of GHGs removed from the atmosphere is based on the climate benefit from the reduced radiative forcing that results from withholding carbon from the atmosphere over the crediting period of the project, taking into account the obligation set out in subsection 22(2) that a proponent monitor the quantity of GHGs emitted and GHGs removed from the atmosphere with respect to a project for a given period. (hybri‐ de tonne-année) ISO Standard 14064-2 means the standard ISO 14064-2:2019 entitled Greenhouse gases – Part 2 –
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Interpretation Sections 1-1
Specification with guidance at the project level for quantification, monitoring and reporting greenhouse gas emission reductions or removal enhancements, published by the International Organization for Standardization. (norme ISO 14064-2) ISO Standard 14064-3 means the standard ISO 140643:2019 entitled Greenhouse Gases – Part 3 – Specification with guidance for the verification and validation of greenhouse gas statements, published by the International Organization for Standardization. (norme ISO 14064-3) project means a project that prevents GHGs from being emitted or that removes GHGs from the atmosphere. (projet) proponent means the person responsible for a project. (promoteur) protocol means a protocol for a given project type that includes requirements for project implementation and methods for quantifying the GHGs emitted or removed from the atmosphere for that project type and that is included in the Compendium of Federal Offset Protocols. (protocole) reservoir has the same meaning as GHG reservoir in ISO Standard 14064-2. (réservoir) reversal means, with respect to a project, the release into the atmosphere of GHGs removed from the atmosphere by that project. (renversement) sink has the meaning assigned by the definition GHG sink in ISO Standard 14064-2. (puits) source has the meaning assigned by the definition GHG source in ISO Standard 14064-2. (source) start date means, with respect to a project, the date that activities undertaken as part of the project begin, as determined in accordance with the applicable protocol. (date de début) tonne-tonne in relation to a quantification method, means the quantification method under which the determination of the quantity of GHGs removed from the atmosphere is based on the number of tonnes of CO2 sequestered during the reporting period, taking into account the obligation set out in subsection 22(1), that the proponent must monitor the quantity of GHGs emitted and GHGs removed from the atmosphere with respect to the project for 100 years. (tonne-tonne)
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Interpretation Sections 1-3
tonne-year in relation to a quantification method, means the quantification method under which the determination of the quantity of GHGs removed from the atmosphere is based on the climate benefit from the reduced radiative forcing that results from withholding carbon from the atmosphere over a reporting period and for which the proponent is not required to monitor the quantity of GHGs emitted and GHGs removed from the atmosphere with respect to the project. (tonne-année) verification body means a third party who is authorized under section 23 to conduct a verification. (organisme de vérification)
Incorporation by reference (2) Unless otherwise indicated, a reference to any document incorporated by reference into these Regulations is incorporated as amended from time to time.
Accreditation (3) Despite subsection (2), if ISO Standard 14065:2020
entitled General principles and requirements for bodies validating and verifying environmental information, published by the International Organization for Standardization, is amended, the previous version of the document may be complied with for a period of four years after the day on which the amended version is published. Aggregation of projects (4) Unless otherwise specified, the provisions in these Regulations apply, with any modifications that the circumstances require, to aggregations of projects.
Purpose Purpose 2 These Regulations establish an offset credit system for
projects that reduce GHGs either by preventing GHGs from being emitted or by removing GHGs from the atmosphere and to which a protocol applies.
Overview Elements of the System 3 These Regulations provide for
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Overview Sections 3-4
(a) the conditions for registering a project in the offset credit system, as well as the circumstances under which a registration can be cancelled; (b) the requirements for proponents; (c) the issuance of offset credits; and (d) the requirements for keeping and retaining records.
Application Project characteristics 4 (1) These Regulations apply to a proponent of a
project (a) which is of a type for which a protocol has been
included in the Compendium of Federal Offset Protocols; (b) that aims to generate GHG reductions by preventing GHG emissions or removing GHGs from the atmosphere; and (c) with respect to which the reductions are real, additional, quantified, verified, unique and permanent. Reductions — additional (2) For the purposes of paragraph (1)(c), reductions are
additional if those reductions (a) would not have been generated in the absence of the project; (b) were not required by law or the result of a legal requirement; and (c) are not from sources, sinks and reservoirs that are
subject to federal or provincial pricing mechanisms for GHG emissions. Reductions — unique (3) For the purposes of paragraph (1)(c), reductions are
unique if those reductions are not credited under another offset program or another GHG reduction mechanism.
Non-application (4) These Regulations do not apply to projects that have a start date before January 1, 2017.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Crediting Period Sections 5-5
Crediting Period Crediting period 5 (1) Unless otherwise provided in the applicable protocol, the period in respect of which a project can generate offset credits is (a) in the case of a sequestration project related to forestry, 30 years; (b) in the case of a sequestration project other than
one related to forestry, 20 years; and (c) in the case of any other project, 10 years.
Beginning of period (2) Subject to subsection (5), the crediting period begins on the day on which the project is registered or on the project start date, whichever is later.
Exception — beginning of period (3) Despite subsection (2), in the case of a project that is of an agricultural nature, if required in the protocol, the crediting period begins on the date of the start of the growing season. However, that date cannot be earlier than the day on which the project is registered or the project start date, whichever is later.
Exception — length of period (4) In the case of a project that was registered in a GHG
offset credit system other than the one set out in these Regulations, the crediting period is decreased by subtracting the period that begins on the registration date in the other system and ends on the day on which the project is no longer registered in that other system.
Aggregation of projects (5) Subject to subsection (6), the crediting period for
an aggregation of projects, registered in accordance with subsection 9(1), begins on the day on which the aggregation is registered or on the earliest project start date of any of the projects in the aggregation at the time of registration, whichever is later. However, if one of the projects in the aggregation starts after that day, the project cannot generate credits until that project’s start date.
Addition of projects (6) If a project is added to an aggregation under subsection 9(4) or if a project that is part of an aggregation
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Crediting Period Sections 5-7
is transferred to another aggregation under subsection 9(5), its crediting period begins on the day on which it is added or transferred, as the case may be, or on its project start date, whichever is later, and ends on the day on which the crediting period for the aggregation ends.
Protocol Registration of a project 6 (1) When a project is registered, the protocol or, if several versions of a protocol are included in the Compendium of Federal Offset Protocols, the most recent version of the protocol, is the one that applies for the duration of the crediting period.
Renewal of crediting period (2) If, at the time of a renewal of a crediting period, several versions of a protocol are included in the Compendium of Federal Offset Protocols, the most recent version of the protocol is the one that applies to the project for the duration of the crediting period.
Proponent’s choice (3) Despite subsections (1) and (2), if a new version of
a protocol is issued during a project’s crediting period, a proponent may opt to have the new version apply to their project. However, only one version of a protocol may apply during the period covered by a project report.
Withdrawal (4) Despite subsections (1) and (2), if, at the time the
application for registration of a project or the request for renewal of the crediting period is submitted, the protocol for the given project type is withdrawn, the application or request must be refused.
Process for Offset Credit Issuance Requirements General requirements 7 To be issued offset credits by the Minister, the proponent of a project must (a) have registered the project in accordance with section 8 or 9;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Requirements Sections 7-8
(b) be the holder of a GHG Offset Credit System account in the tracking system; (c) implement the project in accordance with the applicable protocol; (d) generate GHG reductions that are real, additional, quantified, verified, unique and permanent; (e) prepare a project report in accordance with section 20 and have it verified by a verification body in accordance with sections 24 to 27; (f) submit to the Minister the project reports, in accordance with subsection 20(7), accompanied by a verification report prepared in accordance with section 28; (g) if applicable, submit to the Minister a corrected project report in accordance with section 32; (h) if applicable, meet the obligations with respect to implementing a reversal risk management plan in accordance with subsection 21(2) and monitor the project in accordance with section 22, specifically submitting monitoring reports; and (i) if the proponent was required to remit compliance
units under section 181 of the Act, have met that obligation.
Project Registration Conditions of registration 8 (1) Subject to section 9, a project, of a type for which a protocol has been included in the Compendium of Federal Offset Protocols, may be registered in the offset credit system if its proponent submits an application for registration to the Minister that includes the information set out in Schedule 1 and the following conditions are met: (a) the proponent is an individual who resides in
Canada or, if the proponent is not an individual, the proponent has a place of business in Canada; (b) the proponent has exclusive entitlement to claim the credits issued for the GHG reductions generated by the project;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Registration Sections 8-8
(c) the proponent has the necessary authorizations to
carry out the project activities; (d) prior to the project start date, the baseline conditions set out in the protocol to be eligible under that protocol are met; (e) the activities undertaken as part of the project to prevent GHGs from being emitted or to remove GHGs from the atmosphere are set out in the applicable protocol; (f) the reductions that the project could generate would be additional; (g) the project is not registered in any other offset credit system; (h) no credits will be attributed under another GHG
reduction mechanism for the GHG reductions generated by the project; (i) no provincial offset credit protocol in the province
in which the project is situated, established under an offset credit program for that province, covers the same activities as those set out in the applicable federal protocol; (j) with respect to a sequestration project, (i) the proponent has specified whether the tonnetonne, tonne-year or hybrid tonne-year quantification method, as set out in the protocol, will be used for the duration of the project, and (ii) in the case of a proponent opting for the tonnetonne or hybrid tonne-year quantification method, the proponent has established a reversal risk management plan in accordance with section 21; (k) a previous registration by the proponent of the project under these Regulations has not been cancelled as a result of a voluntary reversal; (l) neither the proponent nor their authorized official has been found guilty of an offence under section 380 of the Criminal Code, within five years prior to submitting the application for registration; and (m) the application for registration is submitted within the time limits set out in section 10. Exception — provincial protocol (2) Despite paragraph (1)(i), in the case where a provincial offset credit protocol, established under an offset credit program for that province, applies to the activities
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Registration Sections 8-9
undertaken as part of a project, the project may be registered if: (a) the provincial protocol is published after the federal protocol is included in the Compendium of Federal Offset Protocols; and (b) the application for registration is submitted no more than six months after the day on which the project could have been registered in the provincial offset credit program under that protocol.
Declaration (3) The application for registration must be accompanied by a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the application is accurate and complete.
Project in more than one province (4) If a project is situated in more than one province, the proponent must register, as distinct projects, the portions of the project situated in each province.
Request to open account (5) The proponent, in accordance with subsection 186(1) of the Act, must submit a request to open a GHG Offset Credit System account in the tracking system if they do not already have such an account.
Aggregation of projects 9 (1) A proponent may register an aggregation of projects, made up of a group of projects of a type for which a protocol has been included in the Compendium of Federal Offset Protocols and that have not previously been registered under these Regulations or a group of projects that are already registered as part of an aggregation under these Regulations, if the following conditions are met: (a) the proponent is the proponent for each of the
projects in the aggregation; (b) all of the projects in the aggregation are situated in the same province; (c) each project in the aggregation meets the conditions of registration set out in subsection 8(1); (d) the same protocol, and version of that protocol, applies to each project in the aggregation; (e) with respect to sequestration projects, if the protocol provides for a choice between the tonne-tonne, hybrid tonne-year or tonne-year quantification method,
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Registration Sections 9-10
Registration application (2) The application for registration of an aggregation of
projects must be submitted to the Minister and include the information referred to in Schedule 2. Declaration (3) The application for registration must be accompanied by a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the application is accurate and complete.
Addition of a project (4) A proponent may add a project, that has not previously been registered under these Regulations, to an aggregation of projects if the conditions set out in paragraphs (1)(a) to (e) and (g) are met and if they submit an application to the Minister, including the declaration referred to in subsection (3), containing the information referred to in subsection (2) for the project, with the information specified in paragraphs 4(c) and (d) of Schedule 2 updated to account for the addition of the new project. Transfer of a project (5) A project in an aggregation may only be transferred
to another aggregation if the date on which the project’s crediting period began is on or after the date on which the crediting period of the aggregation to which the project is being added began.
Withdrawal of a project (6) If a project is withdrawn from an aggregation of
projects, the proponent must notify the Minister in writing and specify the date the project was withdrawn from the aggregation. Application deadline 10 (1) The application for registration must be submitted
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Registration Sections 10-12
(a) if the project start date is before the date the applicable protocol is included in the Compendium of Federal Offset Protocols, within 18 months after the date the protocol is included in the Compendium of Federal Offset Protocols and no more than 10 years after the project start date; and (b) if the project start date is on or after the date
on which the applicable protocol is included in the Compendium of Federal Offset Protocols, within 18 months after the project start date.
Exception — project registered in another system (2) Despite paragraph (1)(a), if the project is registered
in a GHG offset credit system, other than a system administered by the federal or a provincial government, at the time the applicable protocol is included in the Compendium of Federal Offset Protocols, the application may be submitted more than 18 months after the protocol is included in the Compendium of Federal Offset Protocols but no later than 10 years after the project start date.
Registration by the Minister 11 Subject to subsection 6(4), if a proponent meets the conditions set out in section 8 or 9, the Minister must register the project or the aggregation of projects, open the GHG Offset Credit System account in the tracking system, if applicable, and notify the proponent.
Change to boundaries 12 The proponent may only modify the coordinates and geographic boundaries of the site where activities are undertaken as part of the project that were provided in the application for registration (a) with respect to a project registered in accordance
with section 8, until the end of the period covered by the initial report; and (b) with respect to a project in an aggregation, registered in accordance with section 9, until the end of the first 12 months following the registration of the project as part of an aggregation.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance GHG Offset Credit System Account Sections 13-14
GHG Offset Credit System Account
Maintaining account 13 (1) A proponent must maintain their GHG Offset
Credit System account until the later of (a) at least 100 years after the end date of the last crediting period of all sequestration projects related to that account if the tonne-tonne quantification method was used for any of those projects; and (b) at least eight years after the end date of the last
crediting period of all projects related to that account if the tonne-tonne quantification method was not used for any of the projects.
Closing of account (2) The Minister may, under subsection 186(3) of the
Act, close a GHG Offset Credit System account that has been inactive for more than seven years if the Minister notifies the holder of the account of the Minister’s intention to do so and the holder does not request that the account remain open within 60 days after the date the notice was received. Revocation of credits (3) If the GHG Offset Credit System account contains
offset credits, those credits are revoked prior to the account being closed under subsection (2).
Cancellation Cancellation 14 (1) The Minister may cancel the registration of a
project if (a) the proponent requests that the registration be cancelled; (b) the proponent fails to comply with paragraph 20(7)(a), (b) or (c), as the case may be; (c) the proponent’s GHG Offset Credit System account has been closed under subsection 13(2); (d) the conditions of registration set out in paragraphs 8(1)(a) to (h), (j) or (l) are no longer met;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Cancellation Sections 14-15
(e) in the case of a sequestration project, other than
a sequestration project for which a tonne-year quantification method is used, the cause of the reversal was within the control of the proponent or there was a failure to implement the reversal risk management plan, as determined in accordance with subsection 40(1); (f) in the case of a sequestration project, other than a sequestration project for which a tonne-year quantification method is used, a reversal diminishes, in accordance with the protocol, the inventory of sequestered CO2e to a level below the inventory in the baseline scenario; or (g) the proponent fails to comply with subsection 181(2) or (3) of the Act.
Notice (2) The Minister must provide notice of the Minister’s intention to cancel the registration under subsection (1) to the proponent at least 30 days before cancelling that registration, to provide time for the proponent to provide representations.
Decision (3) The Minister must, after the period set out in subsection (2), confirm or revise his decision and notify the proponent.
Consequences for sequestration project 15 (1) If the registration of a sequestration project using
either the tonne-tonne or the hybrid tonne-year quantification method is cancelled, the Minister may (a) for the purposes of section 180 of the Act, revoke any offset credits in the proponent’s GHG Offset Credit System account for the project and the number of offset credits deposited into the environmental integrity account in respect of the project; and (b) where the number of offset credits revoked from the proponent’s GHG Offset Credit System account for the project under paragraph (a) is less than the number of offset credits issued to the proponent in respect of the project, (i) for the purposes of subsection 181(1) of the Act,
require the proponent to remit compliance units by giving them notice indicating the number of compliance units to be remitted and the deadline by which the remittance is to be made, and (ii) if the proponent does not remit compliance units in accordance with subparagraph (i) or make
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Cancellation Sections 15-16
a payment in lieu of remitting compliance units under subsection 181(3) of the Act, revoke, for the purposes of section 180 of the Act, offset credits in the environmental integrity account to make up the difference.
Manner of remittance (2) Subject to subsection (3), the compliance units remitted to the Minister for the purposes of subparagraph (1)(b)(i), in accordance with subsection 181(2) of the Act, must (a) in the case of offset credits or units or credits recognized as compliance units under a regulation made under the Act, have been issued for GHG reductions that occurred within eight calendar years before the deadline indicated in the notice provided under that subparagraph; and (b) in the case of surplus credits, have been issued
within five calendar years before the deadline indicated in the notice provided under that subparagraph. Surplus credits (3) If a proponent is required to remit compliance units, the proponent may remit surplus credits if those surplus credits were issued to a covered facility located in a province listed in Part 2 of Schedule 1 to the Act during the calendar year in which the Minister notified the proponent under subparagraph (1)(b)(i) of the number of compliance units to be remitted.
Renewal of Crediting Period Manner of renewal 16 (1) A proponent may request that the Minister renew the crediting period in respect of a project or an aggregation of projects by submitting an application to renew at least nine months but no more than 18 months before the end of the crediting period.
Information to submit (2) The application must include the information referred to in paragraphs 2(d), (f) to (k) and (n) to (s) of Schedule 1 or paragraphs 3(e) to (j) and (m) to (r) and 4(a) of Schedule 2, as the case may be, and any other change to the information referred to in those Schedules since the registration application or the last renewal request, including a description of any measures and
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Renewal of Crediting Period Sections 16-18
monitoring activities implemented following changes to the reversal risk management plan. Conditions of renewal (3) Subject to subsection 6(4), the Minister must renew
the crediting period if the conditions of registration set out in section 8 or 9 are met at the time of the renewal. The Minister must notify the proponent of his decision, including his reasons for that decision, in that regard at least three months before the end of the crediting period. Most recent version of protocol (4) The most recent version of the protocol applies to the renewal for the purposes of subsections (2) and (3).
Beginning of new crediting period (5) The new crediting period begins on the day after the
day on which the most recent crediting period ended.
Limit on renewals (6) The crediting period can be renewed for (a) in the case of a sequestration project related to
forestry, a total of no more than 100 years including all renewals; and (b) in the case of all other projects, no more than two
times.
General Requirements Information management system 17 A proponent must implement a data and information
management system to collect, manage and store data and information related to their project in a way that ensures the integrity, completeness, accuracy and validity of the data and information. Measuring devices 18 A proponent must ensure that any measuring device used to determine a quantity that is related to the preparation of a project report is (a) installed, operated, maintained and calibrated in accordance with the manufacturer’s specifications or the applicable protocol; and (b) maintained to be accurate within ± 5%.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance General Requirements Sections 19-20
Quantification 19 (1) A proponent must quantify the GHGs emitted
and the GHGs removed from the atmosphere for the sources, sinks and reservoirs that must be taken into account for the baseline scenario and the project scenario, in accordance with the applicable protocol. For the purposes of the quantification, the applicable global warming potentials set out in Schedule 3 to the Act and the applicable emission factors and reference values set out in the document Emission Factors and Reference Values, published in 2022 by the Department of the Environment, are to be used. Exclusion (2) Despite subsection (1), GHGs emitted or removed
from the atmosphere are not included in the quantification if the GHGs were from sources, sinks and reservoirs that were subject to provincial or federal pricing mechanisms or the emissions or removals from sources, sinks and reservoirs that were required by law or the result of a legal requirement unless, with respect to a source, the quantity of GHGs emitted increased due to the project.
Project Report Content — sequestration project 20 (1) Subject to subsection (3) and (5), a project report
submitted by a proponent for a sequestration project must include, the information listed in Schedule 3 as well as the GHG reductions generated by the project — the quantity of tonnes of GHGs that the project prevented from being emitted or that it removed from the atmosphere — expressed in CO2e tonnes, for each calendar year covered by the report, determined by the following formula: (Ai − Bi) Ci
where Ai
is the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the project scenario, quantified in accordance with the protocol, for the calendar year “i”, as set out in the report under paragraph 2(i) of Schedule 3,
Bi
is the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the baseline scenario, quantified in accordance with the protocol, for the calendar year “i”, as set out in the report under paragraph 2(h) of Schedule 3,
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Report Sections 20-20
Ci
is the value that corresponds to the leakage discount factor, as set out in the report under paragraph 2(g) of Schedule 3, if the protocol requires that the value be applied to the difference between the amount determined for A and the amount determined for B for calendar year “i”, and
i
is the ith calendar year, where “i” goes from 1 to n and where n is the number of calendar years covered by the report.
Content — Non-sequestration project (2) Subject to subsection (3), the project report submitted, for a project other than a sequestration project, by the proponent for the period covered by the report must include the information listed in Schedule 3 and the GHG reductions generated by the project, expressed in CO2e tonnes, for each calendar year covered by the report, determined by the following formula (Bi − Ai) Ci
where Bi
is the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the protocol for the baseline scenario, quantified in accordance with the protocol, for calendar year “i”, as set out in the report pursuant paragraph 2(h) of Schedule 3,
Ai
is the aggregate of all of the GHG emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the protocol for the project scenario, quantified in accordance with the protocol, for calendar year “i”, as set out in the report pursuant paragraph 2(i) of Schedule 3,
Ci
is the value that corresponds to the leakage discount factor, as set out in the report pursuant to paragraph 2(g) of Schedule 3, if the protocol requires that the value be applied to the difference between variable A and variable B for calendar year “i”, and
i
is the ith calendar year, where “i” goes from 1 to n and where n is the number of calendar years covered by the report.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Report Sections 20-20
Aggregation of projects (3) With respect to an aggregation of projects, a project
report submitted by a proponent must include, the information listed in Schedule 4 and the following information: (a) subject to subsection (5), for an aggregation of sequestration projects, the GHG reductions generated by each project within the aggregation expressed in CO2e tonnes, for each calendar year covered by the report, determined by the following formula: (Ai − Bi) Ci
where Ai
is the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the protocol for the project scenario, quantified in accordance with the protocol, for calendar year “i”, as set out in the report under paragraph 3(g) of Schedule 4,
Bi
is the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the protocol for the baseline scenario, quantified in accordance with the protocol, for calendar year “i”, as set out in the report under paragraph 3(f) of Schedule 4,
Ci
is the value that corresponds to the leakage discount factor, as set out in the report under to paragraph 3(e) of Schedule 4, if the protocol requires that the value be applied to the difference between A and B for calendar year “i”, and
i
is the ith calendar year, where “i” goes from 1 to n and where n is the number of calendar years covered by the report; and
(b) for an aggregation of projects, other than an aggregation of sequestration projects, the GHG reductions generated by each project within the aggregation — the quantity of tonnes of GHG prevented from being emitted or removed from the atmosphere — expressed in CO2e tonnes, for each calendar year covered by the report, determined by the following formula (Bi − Ai) Ci
where Bi
is the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the protocol for the baseline scenario, quantified in accordance with the protocol, for calendar year “i”,
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Report Sections 20-20
as set out in the report under paragraph 3(f) of Schedule 4, Ai
is the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the protocol for the project scenario, quantified in accordance with the protocol, for calendar year “i”, as set out in the report under paragraph 3(g) of Schedule 4,
Ci
is the value that corresponds to the leakage discount factor, as set out in the report under paragraph 3(e) of Schedule 4, if the protocol requires that the value be applied to the difference between variable A and B for calendar year “i”, and
i
is the ith calendar year, where “i” goes from 1 to n and where n is the number of calendar years covered by the report; and
(c) with respect to the aggregation of projects, the
sum of the reductions specified in paragraph (a) or (b) for all of the projects in the aggregation by calendar year, as the case may be.
Emissions preceding registration (4) For the purposes of subsections (1) to (3), if a project’s start date is before the day it is registered under these Regulations, the GHGs emitted from any source included in the applicable protocol for the project scenario, during the period beginning on the project start date and ending on the day before the day the project is registered, must be included, in accordance with the protocol, in the quantity determined for A.
Net increase in emissions (5) If in the initial project report submitted by the proponent for a sequestration project or an aggregation of sequestration projects, the difference between the quantity determined for A and the quantity determined for B in subsection (1) or paragraph (3)(a) indicates a net increase in GHG emissions that is not caused by a reversal, that increase must be carried forward to the next period covered by a project report in order to be subtracted in accordance with subsection 29(2), from the total reported quantity of GHG reductions generated by the project for the first calendar year covered by the report, and, if the result of the subtraction indicates a net increase in GHG emissions, the same for the subsequent calendar years covered by the report.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Report Sections 20-20
Declaration (6) The project report must be accompanied by a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the report is accurate and complete. Report submission (7) The project reports, accompanied by verification reports, that must be submitted by the proponent are the following: (a) an initial report with respect to the 12 months following the start of the first crediting period, within 6 months after those 12 months; (b) subsequent reports within 6 months following (i) for sequestration projects, a maximum of 6 years after the end the period covered in the last project report, and (ii) for all other projects, no later than 3 years after
the day on which the period covered by the last project report ended; and (c) a final report, within 6 months of the end of the
last crediting period.
Extension of submission deadline (8) Despite paragraphs 7(f) and (7)(b), if a reversal occurs within 18 months of the deadline by which a project report must be submitted, the deadline is extended by 6 months after the date the reversal report is submitted.
Choice with respect to verification (9) Despite subsection (7) and paragraphs 7(e) and (f), a
proponent of a project other than a sequestration project may choose not to have a project report, other than an initial project report, verified if they opt not to have offset credits issued to them for the reporting period covered by the report. No discontinuity (10) There can be no discontinuity between the periods
covered by the project reports submitted by the proponent.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Project Report Sections 20-22
Correction of errors or omissions (11) If a verifier identifies errors or omissions in a
project report during their verification, the proponent must correct those errors or omissions, if possible, and identify those corrections in the project report.
Reversal Risk Management Plan Establishment of plan 21 (1) The proponent of a sequestration project for
which the tonne-tonne or hybrid tonne-year quantification method is used must establish, in accordance with the protocol, a reversal risk management plan that identifies and assesses reversal risks associated with the project and describes any measures and monitoring activities to mitigate those risks.
Implementation of plan (2) The proponent of a sequestration project referred to in subsection (1) must implement the reversal risk management plan for the duration of the project’s crediting period and, in the case of a sequestration project for which the tonne-tonne quantification method is used, continue to implement that plan for a period of 100 years following the end of the crediting period.
Updating the plan (3) A proponent may update their reversal risk management plan but must not cease implementing existing reversal risk mitigation measures. The proponent may only add new reversal risk mitigation measures or increase the stringency of existing measures.
Monitoring Tonne-tonne quantification method 22 (1) The proponent of a sequestration project for
which a tonne-tonne quantification method is used must, in accordance with the protocol, monitor the quantity of GHGs emitted or GHGs removed from the atmosphere with respect to the project and submit to the Minister a monitoring report, accompanied by a verification report, with each project report submitted during the crediting period and every 6 years for 100 years after the end of the last crediting period for that project.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Monitoring Sections 22-23
Hybrid tonne-year quantification method (2) The proponent of a sequestration project for which a hybrid tonne-year quantification method is used must, in accordance with the protocol, monitor the quantity of GHGs emitted or GHGs removed from the atmosphere with respect to the project and submit to the Minister a monitoring report, accompanied by a verification report, with each project report submitted during the project’s crediting period.
Content of monitoring report (3) The monitoring report must include (a) the project registration number; (b) a description of any reversal risk mitigation measures and monitoring activities that were implemented; (c) a declaration by the proponent that, during the period covered by the report, the reversal risk management plan was implemented and that no reversal occurred; and (d) a declaration, dated and signed by the proponent
or their authorized official, stating that the information contained in the report is accurate and complete.
Verification Verification body 23 To be authorized to conduct a verification for the
purposes of these Regulations, a third party must (a) meet the following accreditation requirements: (i) it is accredited as a verification body, under ISO Standard 14065:2020 entitled General principles and requirements for bodies validating and verifying environmental information, by the Standards Council of Canada, the ANSI National Accreditation Board or any other accreditation organization that has a memorandum of understanding with the Department of Environment and that is a member of the International Accreditation Forum, (ii) it has a scope of accreditation that includes
technical activities at the project level with respect to GHG project verifications, and (iii) it is not suspended by an accreditation organization that issued its accreditation; and
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Verification Sections 23-24
(b) use a verification team that have the necessary
competencies to verify a project report, corrected project report, reversal report or monitoring report, including at least one individual with training relevant to the project type, as specified in the applicable protocol.
Verification standard 24 (1) A verification body must conduct verifications in accordance with ISO Standard 14064-3 by applying methods that allow it to make a determination to a reasonable level of assurance, as defined in that Standard as to whether, in its opinion, (a) with respect to a project report or corrected project report (i) the quantity of GHG reductions reported in the report was calculated in accordance with these Regulations, (ii) the report was prepared in accordance with these Regulations, (iii) the project was implemented in accordance
with the applicable protocol, (iv) the conditions of registration for the project, set out in section 8 or 9, are still being met at the time of the preparation of the verification report, (v) the proponent meets the requirements for the issuance of offset credits, set out in section 7, at the time of the preparation of the verification report, and (vi) no material discrepancy, referred to in subsection (2) or (3), as the case may be, exists with respect to the quantity of GHG reductions reported in the report; (b) with respect to a reversal report (i) reversal risk mitigation measures and monitoring activities were implemented in accordance with the reversal risk management plan prior to the reversal, (ii) the report was prepared in accordance with these Regulations, and (iii) the errors or omissions identified during the
verification and referred to in paragraph 3(b) of
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Verification Sections 24-24
Schedule 5 do not constitute a material discrepancy, referred to in subsection (4); and (c) with respect to a monitoring report (i) the report was prepared in accordance with these Regulations, (ii) the reversal risk mitigation measures and monitoring activities were implemented in accordance with the reversal risk management plan, and (iii) the reversal risk mitigation measures and
monitoring activities that were implemented were those set out in the report.
Material discrepancy — project report or corrected project report (2) For the purpose of the verification of the project report or corrected project report, a material discrepancy exists if (a) with respect to the quantity of GHG reductions
referred to in subsection 20(1) or (2) that are reported in the project report or corrected project report for any calendar year covered by the report and that are less than 100,000 tonnes of CO2e, (i) in the case of each error or omission in the project report or corrected project report, that is identified during the verification and that may be quantified, the amount, expressed as a percent, determined by the following formula, is equal to or greater than 5%: A ÷ B × 100
where A
is the absolute value of the overstatement or understatement resulting from the error or omission for the calendar year, expressed in CO2e tonnes, and
B
is the quantity of GHG reductions, determined in accordance with subsection 20(1) or (2), as the case may be, that are reported in the project report or corrected project report for the calendar year, expressed in CO2e tonnes, and
(ii) in the case of the aggregate of all errors and
omissions in the project report or corrected project report, that are identified during the verification and that may be quantified, the amount, expressed
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Verification Sections 24-24
as a percent, determined by the following formula, is equal to or greater than 5%: A ÷ B × 100
where A
is the sum of the absolute value of all overstatements and understatements resulting from the errors and omissions, for the calendar year, expressed in CO2e tonnes, and
B
is the GHG reductions determined in accordance with subsection 20(1) or (2), as the case may be, with respect to a calendar year stated in the project report or corrected project report, expressed in CO2e tonnes; and
(b) with respect to quantity of GHG reductions referred to in subsection 20(1) or (2) that are reported in the project report or corrected project report for any calendar year covered by the report and that are equal to or greater than 100,000 tonnes of CO2e, (i) in the case of each error or omission in the project report or corrected project report, that is identified during the verification and that may be quantified, the result, expressed as a percent, determined by the following formula, is equal to or greater than 2%: A ÷ B × 100
where A
is the absolute value of the overstatement or understatement resulting from the error or omission for the calendar year, expresssed in CO2e tonnes, and
B
is the quantity of GHG reductions, determined in accordance with subsection 20(1) or (2), as the case may be, that are reported in the project report or corrected project report for the calendar year, expressed in CO2e tonnes, and
(ii) in the case of the aggregate of all errors and
omissions in the project report or corrected project report, that are identified during the verification and that may be quantified, the result, expressed as a percent, determined by the following formula, is equal to or greater than 2%: A ÷ B × 100
where A
is the sum of the absolute value of all overstatements and understatements resulting from the errors and omissions, for the calendar year, expressed in CO2e tonnes, and
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Verification Sections 24-25
B
is the GHG reductions determined in accordance with subsection 20(1) or (2), as the case may be, for the calendar year stated in the project report or corrected project report, expressed in CO2e tonnes.
Material discrepancy — aggregation (3) In the case of an aggregation of projects, to determine if the errors and omissions for the aggregation constitute a material discrepancy in accordance with subsection (2), the quantity of GHG reductions referred to in paragraphs (2)(a) or (b) corresponds to the sum referred in paragraph 20(3)(c) reported in the project report submitted for the aggregation. Material discrepancy — reversal report (4) For the purposes of these Regulations, the errors or omissions in a reversal report constitute a material discrepancy if (a) in the case where the quantity of GHGs released into the atmosphere during the reversal reported in the reversal report is less than 100,000 tonnes of CO2e, the result determined in accordance with the formula set out in paragraph (2)(a) — but by replacing the quantity of GHG reductions specified in the description of B in that paragraph with the quantity of GHGs released into the atmosphere during the reversal reported in the reversal report — is equal to or greater than 5%; and (b) in the case where the quantity of GHGs released into the atmosphere during the reversal reported in the reversal report is equal to or greater than 100,000 tonnes of CO2e, the result determined in accordance with the formula set out in paragraph (2)(b) — but by replacing the quantity of reductions referred to in the description of B in that paragraph with the quantity of GHGs released into the atmosphere during the reversal reported to in the reversal report — is equal to or greater than 2%.
Conflict of interest 25 The proponent must ensure that no real or potential conflict of interest exists between any party involved in the project and the verification body, including members of the verification team and any individual or corporate entity associated with the verification body, that threatens to or compromises the verification body’s impartiality and that cannot be effectively managed.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Verification Sections 26-27
Limits — verification body 26 (1) A proponent must not have their project report
verified by a verification body if (a) in the case of a sequestration project, the verification body has verified the project reports with respect to the last 12 consecutive calendar years, unless three calendar years have elapsed since the last of those reports was verified; and (b) in the case of any other project, the verification body has verified the project reports with respect to the last for five calendar years, unless two calendar years have elapsed since the last of those reports was verified.
Exception — corrected project report (2) Despite subsection (1), a proponent may have a corrected project report verified by the same verification body that verified the project report being corrected.
Site visit 27 (1) With respect to a project that is not in an aggregation, the proponent of a project must ensure that the project site is visited by a verification body in the following situations: (a) it is the initial verification of the project for the purposes of these Regulations or it is the initial verification by the verification body; (b) if the quantity of GHG reductions referred to in subsection 20(1) or (2) that is reported in the project report being verified is less than 10,000 tonnes of CO2e for any calendar year covered by the report, it has been at least 24 months since the project site was visited by a verification body; (c) if the quantity of GHG reductions referred to in
subsection 20(1) or (2) that is reported in the project report being verified is equal to or greater than 10,000 tonnes of CO2e for any calendar year covered by the report, it has been at least 12 months since the project site was visited by a verification body; (d) in accordance with ISO Standard 14064-3, issued
a modified or adverse opinion with respect to the quantity of GHG reductions reported in the previous project report;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Verification Sections 27-27
(e) the verification body is conducting a verification of
a reversal report; or (f) the verification body is of the opinion that a site visit is required.
Aggregation (2) With respect to a project in an aggregation, the proponent of an aggregation of projects must ensure that the site of a project in the aggregation is visited by a verification body for the purposes of verifying a project report in any of the following situations: (a) the quantity of GHG reductions referred to in subsection 20(3) that is reported in the project report being verified is equal to or greater than 10,000 tonnes of CO2e for any calendar year covered by the report and it has been at least 12 months since the project site was visited by a verification body; (b) the final project report for the aggregation following the end of the crediting period is being submitted, and the project site has not been visited by a verification body during the crediting period; (c) the verification body, in accordance with ISO
Standard 14064-3, issued a modified or adverse opinion with respect to the quantity of GHG reductions reported in the previous project report; (d) the verification body is conducting a verification of
a reversal report; and (e) the verification body is of the opinion that a site visit is required.
Monitoring report (3) The proponent must ensure that the site of a sequestration project for which the tonne-tonne quantification method is used is visited by a verification body as part of the verification of any monitoring report submitted after the end of the last crediting period.
Other visits (4) If buildings that are used for legal, administrative or management purposes are not located where project activities are carried out and data or information necessary for verifying a report submitted under these Regulations is kept in those buildings, the proponent must ensure that the verification body visits those buildings.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Verification Sections 28-29
Content of verification report 28 A verification report must be prepared by a verification body and contain the information set out in Schedule 5.
Issuance of Offset Credits Criteria for issuance of offset credits 29 (1) The Minister must issue offset credits to a proponent for the period covered by a project report, in the amount determined in accordance with subsection (2), if the requirements of section 7 are met and (a) the project report and any corrected project report
is free of material discrepancies; (b) the quantity of GHG reductions referred to in any
of subsections 20(1) to (3) reported in the report were quantified in accordance with these Regulations; and (c) the GHG reductions for which the credits are issued were generated during the period covered by the report.
Calculation of offset credits (2) The number of offset credits that the Minister must
issue in respect of a project for each calendar year covered by the report is determined by the following formula: Ai – Bi – Ci – Di
where Ai
is the total reported quantity of GHG reductions determined in accordance with subsection 20(1) or (2) or paragraph 20(3)(a) or (b), as the case may be, for calendar year “i”, expressed in CO2e tonnes;
Bi
is the product of the description of A and percentage of credits the proponent agrees to forgo, for calendar year “i”, with respect to the project, pertaining to direct financial incentives in accordance with an agreement;
Ci
is for calendar year “i”, equal to the product of the result of the following formula and either, for a sequestration project for which the tonne-tonne or hybrid tonne-year quantification method is used, the sum of 3% and the percentage set out in the protocol that corresponds to the reversal risk mitigation measures and monitoring activities implemented for the project for that calendar year, or, for any other project, 3%: Ai – (Bi + Di)
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Issuance of Offset Credits Sections 29-32
Di
is the net increase in GHGs that was carried forward in accordance with subsection 20(5) for calendar year “i”; and
i
is the ith calendar year, where “i” goes from 1 to n and where n is the number of calendar years covered by the report.
Rounding (3) For the purposes of subsection (2), any result calculated under that subsection is to be rounded to the nearest whole number and, if the number is equidistant between two whole consecutive numbers, to the higher number.
Notification 30 The Minister must notify the proponent of the number of offset credits being issued for each calendar year in the period covered by the report. Environmental integrity account 31 (1) The Minister must deposit, for a given calendar year, the number of offset credits equal to the amount determined for C in subsection 29(2) into the environmental integrity account for that calendar year.
Restriction (2) Offset credits in the environmental integrity account may not be sold or transferred. The credits may only be revoked in accordance with these Regulations.
Errors and Omissions Errors or omissions — identified by proponent 32 (1) If, within eight years after submitting a project report, a proponent becomes aware of an error or omission in the report, the proponent must notify the Minister in writing as soon as feasible.
Notice from proponent (2) The notice must include (a) the project registration number or, in the case of an aggregation of projects, the registration number of the aggregation along with the project registration number for the projects in which an error or omission occurred;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Errors and Omissions Sections 32-32
(b) a statement indicating whether the error or omission had an impact on the quantity of GHG reductions reported in the project report; and (c) a statement indicating whether the error or omission led to an over-issuance or under-issuance of offset credits.
Corrected project report (3) The proponent must submit to the Minister (a) a corrected project report within 60 days after the day on which the notice is submitted, if the notice indicates that the error or omission does not impact the quantity of GHG reductions provided in the project report; and (b) a corrected project report along with a verification
report, prepared in accordance with section 28, within 90 days after the day on which the notice is submitted, if the notice indicates that the error or omission impacts the quantity of GHG reductions provided in the project report. Contents of corrected report (4) The corrected project report must include the information referred to in subsection 20(1), (2) or (3) with respect to the period covered by the report and, under a heading, the following information: (a) the information provided in the original project report that required correction along with a description of the corrections made; (b) a description of the circumstances that led to the error or omission and why the error or omission was not previously detected; (c) a description of the measures that have been and will be implemented to avoid future errors or omissions of the same type; (d) if applicable, the difference between the number of offset credits that were calculated in accordance with section 29 and the number of offset credits that is calculated based on the corrected project report; and (e) a statement indicating whether the aggregate of the errors and omissions constitute a material discrepancy.
Declaration (5) The corrected project report must be accompanied
by a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the report is accurate and complete.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Errors and Omissions Sections 33-35
Errors or omissions — identified by Minister 33 If, within eight years after a project report has been
submitted under these Regulations, the Minister is of the opinion that there is an error or omission that requires a corrected report to be submitted, the Minister must require the proponent to submit (a) if the error or omission did not have an impact on
the quantity of GHG reductions reported in the project report, a corrected project report within 60 days after the day on which the Minister required it; and (b) if the error or omission had an impact on the
quantity of GHG reductions reported in the project report, a corrected project report, accompanied by a verification report prepared in accordance with section 28, within 90 days after the day on which the Minister required it.
Under-issuance 34 If a corrected project report indicates that an underissuance of offset credits was issued for a calendar year, the Minister must issue to the proponent the number of offset credits for that calendar year that is equal to the difference referred to in paragraph 32(4)(d) for that calendar year and deposit a corresponding number of credits into the environmental integrity account.
Over-issuance 35 (1) If a corrected project report indicates that there was an over-issuance of offset credits, the proponent must remit to the Minister, with the corrected report, the number of offset credits that is equal to the difference referred to in paragraph 32(4)(d).
Manner of compensation (2) If the proponent does not remit the number of offset credits required under subsection (1), the Minister may (a) for the purposes of section 180 of the Act, revoke a number of offset credits and that are in the proponent’s GHG Offset Credit System account, issued with respect to the project, equal to the number of offset credits necessary to make up the difference; and (b) if the number of offset credits remitted by the proponent under subsection (1) or revoked under paragraph (a) is less than the number of offset credits necessary to make up the difference, (i) for the purposes of subsection 181(1) of the Act,
require the proponent to remit compliance units
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Errors and Omissions Sections 35-36
by notifying the them of the number of compliance units to be remitted and the deadline by which the remittance is to be made, and (ii) where the proponent does not remit compliance units in accordance with subparagraph (i) or make a payment in lieu of remitting compliance units thereof under subsection 181(3) of the Act, revoke, for the purposes of section 180 of the Act, offset credits in the environmental integrity account to make up the difference.
Environmental integrity account (3) The Minister may, for the purposes of section 180 of
the Act, revoke a number of offset credits in the environmental integrity account that is equal to the number of offset credits deposited into that account as a result of the error or omission. Manner of remittance (4) Subject to subsection (5), the compliance units remitted to the Minister for the purposes of subparagraph (2)(b)(i), in accordance with subsection 181(2) of the Act, must (a) in the case of offset credits or units or credits recognized as compliance units under a regulation made under the Act, have been issued for GHG reductions that occurred within the eight calendar years before the deadline indicated in the notice provided under that subparagraph; and (b) in the case of surplus credits, have been issued
within five calendar years before the deadline indicated in the notice provided under that subparagraph. Surplus credits (5) If a proponent is required to remit compliance units,
the proponent may remit surplus credits if those surplus credits were issued to a covered facility located in a province listed in Part 2 of Schedule 1 to the Act in the calendar year during which the Minister notified the proponent under subparagraph (2)(b)(i) of the requirement to remit compliance units. Suspension — error or omission 36 (1) For the purposes of subsection 180(1) of the Act,
if the Minister is of the opinion, based on a notice referred to in subsection 32(2) or in accordance with section 33, that an error or omission resulted in the
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Process for Offset Credit Issuance Errors and Omissions Sections 36-37
over-issuance of offset credits, the Minister may suspend offset credits for the applicable project in the proponent’s GHG Offset Credit System account.
Notice of suspension (2) The Minister must, without delay, notify the proponent of the suspension of the credits, the reasons for the suspension and the date on which it takes effect. Lifting of suspension (3) The Minister must lift the suspension if the number of compliance units remitted or revoked, or payments made under section 35, compensate for the amount of the over-issuance.
Reversals Proponent’s notice of reversal 37 (1) If a proponent of a sequestration project — other than a sequestration project for which the tonne-year quantification method is used — becomes aware of a reversal, they must, without delay, notify the Minister in writing, and include the following information with the notice: (a) the project registration number, or in the case of an aggregation of projects, the registration number of the aggregation along with the project registration numbers for the projects in respect of which a reversal occurred; (b) the date on which the reversal started, the date on
which the GHGs stopped being released, if applicable, and a description of the circumstances and causes of the reversal; and (c) the steps taken to contain the reversal or prevent the release of additional GHGs.
Reversal report (2) The proponent must, within 18 months after the date
of the notice, submit to the Minister a reversal report, together with a verification report, that includes the following information: (a) the registration number of the project; (b) the title of the applicable protocol and, if more
than one version of the protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Reversals Sections 37-38
(c) the circumstances and causes of the reversal; (d) the location within the geographic boundaries of the project where the reversal occurred; (e) the date on which the reversal started and, if applicable, the date on which the GHGs stopped being released; (f) the list of reversal risk mitigation measures and
monitoring activities implemented since the last monitoring report but prior to the reversal, along with the date of their implementation; (g) the quantity of GHGs released into the atmosphere during the reversal up to the date the report is prepared, determined in accordance with the protocol, expressed in CO2e tonnes; and (h) the data, values and calculations used to quantify the GHGs released into the atmosphere, that are specified in paragraph (g).
Aggregation of projects (3) For the purposes of an aggregation of projects, the
reversal report referred to in subsection (2) must contain the following information: (a) the registration number of the aggregation of
projects along with the project registration numbers for the projects in respect of which a reversal occurred; (b) the title of the applicable protocol and, if more
than one version of the protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version; and (c) the information referred to in paragraphs (2)(c) to (h) for the projects within the aggregation in respect of which a reversal occurred.
Declaration (4) The reversal report must be accompanied by a declaration, dated and signed by the proponent or their authorized official, stating that the information contained in the report is accurate and complete. Suspension of offset credits 38 If, for the purposes of subsection 180(1) of the Act, the Minister suspends offset credits in the proponent’s GHG Offset Credit System account — either because the Minister has received notice from a proponent that a reversal has occurred or because he or she has reasonable grounds to suspect that a reversal has occurred —, the
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Reversals Sections 38-40
Minister must notify the proponent of the suspension and its effective date. Information to the Minister 39 (1) If the Minister suspends offset credits in the proponent’s GHG Offset Credit System account because the Minister has reasonable grounds to suspect that a reversal has occurred, the proponent must, within 60 days after the date the notice referred to in section 38 is received, submit to the Minister the information referred to in subsection 37(1) and, if the proponent contests that a reversal has occurred, submit the list of reversal risk mitigation measures and monitoring activities that were implemented since the submission of the last monitoring report and a declaration by the proponent that the reversal risk management plan was implemented and that no reversal occurred.
Minister’s decision (2) The Minister must notify the proponent of the Minister’s decision with respect to whether or not a reversal has occurred. Reversal report (3) If the Minister determines that a reversal has occurred, the proponent must, within 18 months after the date of the notice referred to in subsection (2) is received, submit to the Minister the reversal report set out in subsection 37(2) and the declaration specified in subsection 37(4), together with a verification report.
Evaluation of reversal 40 (1) Following receipt of the reversal report, the Minister must determine whether the cause of the reversal was within the control of the proponent and whether there was a failure to implement a reversal risk management plan.
Voluntary reversal (2) If the Minister determines that the cause of the reversal was within the control of the proponent or there was a failure to implement a reversal risk management plan, the Minister may (a) for the purposes of section 180 of the Act, revoke any offset credits in the proponent’s GHG Offset Credit System account for the project in respect of which the reversal occurred and a number of offset credits in the environmental integrity account equal to the number of offset credits deposited into that account in respect of the project;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Reversals Sections 40-40
(b) if the number of offset credits revoked from the
proponent’s GHG Offset Credit System account for the project under paragraph (a) is less than the number of offset credits issued to the proponent in respect of the project, (i) for the purposes of subsection 181(1) of the Act, require the proponent to remit compliance units by giving them notice indicating the number of compliance units to be remitted and the deadline by which the remittance is to be made, and (ii) where the proponent does not remit compliance units in accordance with subparagraph (i) or make a payment in lieu under subsection 181(3) of the Act, revoke, for the purposes of section 180 of the Act, offset credits in the environmental integrity account to make up the difference; and (c) cancel the registration of the project in accordance
with paragraph 14(1)(e).
Manner of remittance (3) Subject to subsection (4), the compliance units remitted to the Minister under subparagraph (2)(b)(i), in accordance with subsection 181(2) of the Act, must (a) in the case of offset credits or units or credits recognized by a regulation made under the Act, have been issued for GHG reductions that occurred within the eight calendar years before the deadline indicated in the notice provided under that subparagraph; and (b) in the case of surplus credits, have been issued
within five calendar years before the deadline indicated in the notice provided to the proponent.
Surplus credits (4) In the case where a proponent is required to remit compliance units, the proponent may remit surplus credits if those surplus credits were issued to a covered facility located in a province listed in Part 2 of Schedule 1 to the Act in the calendar year the Minister notified the proponent under subparagraph (2)(b)(i) of the requirement to remit compliance units.
Involuntary reversal (5) If the Minister determines that the cause of the reversal was not within the proponent’s control and there was no failure to implement the reversal risk management plan, the Minister may
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Reversals Sections 40-42
(a) lift any suspension; (b) revoke, for the purposes of section 180 of the Act, the number of offset credits in the environmental integrity account that corresponds to the lesser of the quantity of the GHGs released into the atmosphere during the reversal and the quantity of offset credits that have been issued in respect of the project; and (c) if applicable, cancel the registration of the project in accordance with paragraph 14(1)(f).
General Electronic submission 41 (1) Any information that is required to be provided
to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of the proponent or of their authorized official. Provision on paper (2) If the Minister has not specified an electronic form
and format or if it is not feasible to submit the information in accordance with subsection (1) because of circumstances beyond the control of the proponent or their authorized official, the information must be submitted on paper, signed by the proponent or their authorized official, in the form and format specified by the Minister. However, if no form and format has been so specified, it may be in any form and format. Notification following change 42 (1) A proponent must notify the Minister, in writing, within 30 days following the date after a change to any of the following: (a) the information referred to in paragraph 1(a), (b),
(d) or (g) of Schedule 1 or paragraph 1(a) or (b) or 2(a), (b) or (c) of Schedule 2; and (b) the project start date, if it is different than the anticipated start date.
Pre-notification of change (2) A proponent must notify the Minister, in writing, no
less than 30 days before the day on which they make a change to any reversal risk mitigation measure or monitoring activity undertaken to mitigate those risks.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations General Sections 43-43
Application for transfer 43 (1) A request for the transfer of a project registration
to another person must be submitted to the Minister by the proponent of the project and must include (a) the project registration number, and, if applicable, as the case may be: (i) the registration number for the aggregation being transferred and the registration number for each project registered as part of that aggregation, in the case of a transfer of an aggregation of projects, or (ii) the registration number of the aggregation the
group of projects was part of, the registration number of the aggregation the projects are being transferred to, if any, and the registration number of each project being transferred, in the case of a transfer of a group of projects registered as part of an aggregation; (b) a declaration signed by the proponent or their authorized official as well as a declaration signed by the person to whom the transfer will be made or their authorized official, stating that they consent to the transfer along with, if the request for a transfer is with respect to an aggregation of projects or a group of project registered as part of an aggregation, a written record of the consent to transfer from the person carrying out the project activities for each project that is being transferred; (c) the information referred to in paragraphs 1(a) to
(c) of Schedule 1 or 1(a) to (c) of Schedule 2, as the case may be, with respect to the person to whom the transfer is being made; and (d) the number of the account in the GHG Offset
Credit System account in the tracking system of the person to whom the transfer will be made. Information to be provided (2) The person to whom the transfer is being made, or
their authorized official, must submit to the Minister (a) the project registration number of the project to be transferred; and (b) the information referred to in Schedule 1 or 2, as
the case may be, with respect to the person to whom the transfer is being made.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations General Sections 43-44
Declaration (3) The person to whom the transfer is being made or their authorized official must submit to the Minister a declaration, dated and signed by that person or their authorized official, stating that the information they have provided is accurate and complete.
Information 44 The proponent must provide the Minister with the
following information with any remittance or payment in lieu of remitting compliance units, referred to in paragraph 15(1)(b), subsection 35(1), paragraph 35(2)(b) or paragraph 40(2)(b): (a) the project registration number or in the case of an aggregation of projects, the registration number of the aggregation along with the project registration number for the projects in which an error or omission occurred; (b) the calendar year for which the remittance or payment in lieu is being made; (c) the number of compliance units in respect of
which remittance or payment is being made; (d) the details of any payments made under subsection 181(3) of the Act, including (i) the amount in dollars paid to the Receiver General for Canada, (ii) the applicable rate, and (iii) the date of the payment; (e) the details of any surplus credits or offset credits
remitted, including for each type of credit (i) the number of credits remitted, (ii) the date of the remittance transaction, (iii) the serial numbers, and (iv) the date or dates on which they were issued;
and (f) the details of any units or credits, recognized as
compliance units, remitted, including (i) the number of units or credits remitted, (ii) the province or territory or program authority
referred to in subsection 78(1) of the Output-Based Pricing System Regulations that issued the units or credits,
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations General Sections 44-45
(iii) the date on which the unit or credit was retired or locked in the provincial or territorial program for the sole purpose of remittance as a recognized compliance unit under the Act, (iv) the serial numbers assigned to them by the province or territory or program authority referred to in subsection 78(1) of the Output-Based Pricing System Regulations, (v) the start date of the offset project for which the
unit or credit was issued, (vi) the year in which the GHG reduction occurred
for which the unit or credit was issued, (vii) the offset protocol applicable to the project for which the unit or credit was issued, including the version number and publication date, and (viii) the name of the verification body that verified the units or credits.
Content of record 45 (1) A proponent must keep a record of the following
information for each project for which they are responsible: (a) any information provided in an application for
registration of a project, updates to that information, and supporting documents; (b) any requests to transfer the registration of a project to another proponent; (c) all documents, records or data used in preparation
of the registration application; (d) documents that demonstrate that the operation,
maintenance, and calibration of measuring devices was done in accordance with these Regulations; (e) all data used for a calculation made under these Regulations, for each source, sink and reservoir, including data used to estimate missing data; (f) all sampling, analysis and measurement data used
for a calculation made under these Regulations; (g) the calculation, sampling, analysis and measurement methods used for a calculation made under these Regulations;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations General Sections 45-46
(h) the procedural changes made in data collection
and calculations and changes to measuring devices used to quantify GHG emissions and removals; (i) any errors or omissions identified and the measures taken to correct them, with all supporting data and documentation; and (j) further records as specified in the protocol regarding the project activities.
Location of records (2) The records must be kept and retained at the proponent’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where they can be inspected.
Retention of records (3) For the purposes of subsection 187(5) of the Act, the records specified in subsection (1) must be retained either (a) for the period of beginning on the day the record
was created and ending 10 years after the last day of the crediting period to which they relate, or (b) if the record is created with respect to a project
referred to in subsection 22(1), the period beginning on the day the record was created and ending 10 years after the last day of the period for which monitoring reports are required.
Available to the public 46 Subject to sections 254 and 255 of the Act, the Minister may make available to the public the following information with respect to a project: (a) the name of the proponent; (b) the project registration number, project location, project start date, and the number of offset credits issued against that projects; and (c) the project reports, corrected project reports, reversal reports, verification reports, and monitoring reports submitted.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations Amendments to the Output-Based Pricing System Regulations Sections 47-50
Amendments to the OutputBased Pricing System Regulations 47 [Amendments] 48 [Amendments]
Amendments to the Environmental Violations Administrative Monetary Penalties Regulations 49 [Amendments]
Coming into Force Registration 50 These Regulations come into force on the day on which they are registered.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 1 Information to Include in Application for Registration
SCHEDULE 1 (Subsections 8(1), 16(2) and paragraphs 42(1)(a) and 43(1)(c) and (2)(b))
Information to Include in Application for Registration 1 The following information with respect to the proponent: (a) their name (including any trade name or other
name used by them) and civic address; (b) the name, title, civic and postal addresses, telephone number and, if any, email address of their authorized official; (c) the federal Business Number assigned to the proponent by the Canada Revenue Agency or, if the proponent is a charity that does not have a federal Business Number, the registered charity number assigned to them by the Canada Revenue Agency; (d) if the registration is with respect to a sequestration project, a statement indicating whether the proponent is the owner of the land within the geographic boundaries provided under paragraph 2(c), or, if not, the name of the owner of that land; (e) a statement that the proponent has exclusive entitlement to claim the credits issued for the GHG reductions generated by the project and that they have documents that demonstrate that entitlement; (f) information relating to any direct financial incentives received in respect of the project, including the name of the program in the case of a program providing the incentive, and, if applicable, the percentage of credits that the proponent agrees to forgo in accordance with an agreement pertaining to those direct financial incentives; (g) a statement that the proponent has the necessary
authorizations to carry out the project activities and that they have documents that demonstrate those authorizations, including, in the case of a project that is located, in part or in whole, on private property that is not owned by the proponent or that uses equipment that is not owned by the proponent, a declaration signed by the owner stating that they authorize the use of their land or their equipment, as the case may be, to implement the project; (h) a statement that the proponent is in compliance
with the legislative and regulatory requirements applicable to the project;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 1 Information to Include in Application for Registration
(i) a statement that a previous registration by the proponent of the same project under these Regulations has not been cancelled as a result of a voluntary reversal; and (j) a statement that neither the proponent nor their authorized official has been found guilty of an offence under section 380 of the Criminal Code within five years prior to submitting the application for registration. 2 Information with respect to the project: (a) the civic address of the physical site, if applicable; (b) the coordinates (latitude and longitude), expressed in decimal places to five decimal degrees, of the site where the project activities are undertaken; (c) the geographic boundaries of the site where the
project activities are undertaken and the site plan, established in accordance with the protocol; (d) the title of the protocol that is applicable to the
project and, if more than one version of the protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version; (e) the project start date or, if the project has not yet
started, the anticipated start date; (f) the baseline conditions, set out in the protocol,
that must be met prior to the start of the project to be eligible under that protocol and a description of how those conditions are met; (g) a description of the project, including its name,
the activities set out in the protocol that are undertaken to prevent GHGs from being emitted or to remove GHGs from the atmosphere, as applicable, and the equipment set out in the protocol used for those activities; h) a list of the sources, sinks and reservoirs that in accordance with the protocol, must be included in the quantification of the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere based on the project activities undertaken, a statement indicating whether, in accordance with the protocol, those sources, sinks and reservoirs are part of the baseline scenario or project scenario and, if applicable, the reasons for not including certain sources, sinks and reservoirs in the quantification; (i) a list of the GHGs that must be quantified in accordance with the protocol, as applicable based on the sources, sinks and reservoirs relevant to the project;
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 1 Information to Include in Application for Registration
(j) if applicable, the leakage discount factor set out in
the protocol; (k) an estimate of the GHG reductions that will be
achieved for the crediting period of the project, expressed in CO2e tonnes; (l) with respect to a project other than a sequestration project, if more than one quantification method is provided for in the protocol, the quantification methods that will be used and the reasons those methods were chosen; (m) with respect to a sequestration project, if provided for in the protocol, which of the tonne-tonne, tonne-year or hybrid tonne-year quantification methods will be used for the duration of the project and the reason that method was chosen; (n) if a quantification method provides for options,
the option that will be used and the reason that option was chosen; (o) in the case of a sequestration project for which
the tonne-tonne or hybrid-tonne-year quantification method will be used, a copy of the reversal risk management plan and the sum of 3% and the percentage set out in the protocol and based on the reversal risk mitigation measures and monitoring activities implemented for the project; (p) a statement that the project is not registered in another offset credit system and, if the project was previously registered in another offset credit system, the name of the other system, along with the project’s project registration number under the other system, if one was assigned, its registration date in the other system and the date on which its registration was cancelled; (q) a statement that credits will not be attributed under another GHG reduction mechanism for the GHG reductions generated by the project; (r) a statement indicating whether the project is registered to receive any type of credit or payment for environmental attributes resulting from the project; and (s) a statement that the GHG reductions will be additional.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 2 Information to Include in an Application for Registration of an Aggregation
SCHEDULE 2 (Subsections 9(2) and (4) and 16(2) and paragraphs 42(1)(a) and 43(1)(c) and (2)(b))
Information to Include in an Application for Registration of an Aggregation 1 Information with respect to the proponent: (a) their name (including any trade name or other
name used by them) and civic address; (b) the name, title, civic and postal addresses, telephone number and, if any, email address of their authorized official; (c) the federal Business Number assigned to the proponent by the Canada Revenue Agency, or, if the proponent is a charity that does not have a federal Business Number, the registered charity number assigned to them by the Canada Revenue Agency; (d) a statement that the proponent is authorized, by
each person carrying out the activities of each project in the aggregation, to register the project as part of the aggregation and to receive offset credits for the GHG reductions generated by that project and that they have documents that demonstrate that authorization; (e) a statement that the proponent has exclusive entitlement to claim the credits issued for the GHG reductions generated by all the projects in the aggregation and that they have documents that demonstrate that entitlement; (f) if applicable, information related to any direct financial incentives that have been received in respect of any of the projects in the aggregation, including the name of the programs providing the incentives, and, if applicable, the percentage of credits that the proponent agrees to forgo in accordance with an agreement pertaining to those direct financial incentives; (g) a statement that none of the projects in the aggregation, previously registered by the proponent under these Regulations, has had its registration cancelled as a result of a voluntary reversal; and (h) a statement that neither the proponent nor their
authorized official has been found guilty of an offence under section 380 of the Criminal Code within five years prior to submitting the application for registration.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 2 Information to Include in an Application for Registration of an Aggregation
2 Information with respect to the person carrying out
the project activities for each project in the aggregation: (a) their name, title, civic and postal addresses, telephone number and, if any, email address; (b) if the registration is with respect to a sequestration project, a statement indicating whether they are the owner of the land within the geographic boundaries provided under paragraph 3(c), and, if not, the name of the owner of the land; (c) a statement that they have the necessary authorizations to carry out the project activities and that they have documents that demonstrate those authorizations, including, in the case of a project that is located, in part or in whole, on private property that is not owned by person carrying out the project activities or that uses equipment that is not owned by the person carrying out the project activities, a declaration signed by the owner stating that they authorize the use of their land or their equipment, as the case may be, to implement the project; and (d) a statement that they have complied with the legislative and regulatory requirements applicable to the project.
3 Information with respect to each project in the aggregation: (a) the civic address of the physical site, if applicable; (b) the coordinates (latitude and longitude), in decimal places to five decimal places, of the site on which the project activities are undertaken; (c) the geographic boundaries of the site where the
project activities are undertaken and the site plan, established in accordance with the protocol; (d) the project start date or, if the project has not yet
started, the anticipated start date; (e) the baseline conditions, set out in the protocol,
that must be met prior to the start of the project to be eligible under that protocol and a description of how those conditions are met; (f) a description of the project, including its name, the
activities set out in the protocol that are undertaken to prevent GHGs from being emitted or to remove
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 2 Information to Include in an Application for Registration of an Aggregation
GHGs from the atmosphere, as applicable, and the equipment set out in the protocol used for those activities; (g) a list of the sources, sinks and reservoirs that in accordance with the protocol, must be included in the quantification of the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere based on the project activities undertaken, a statement indicating whether, in accordance to the protocol, those sources, sinks and reservoirs are part of the baseline scenario or project scenario and, if applicable, the reasons for not including certain sources, sinks and reservoirs in the quantification; (h) a list of the GHGs that must be quantified in accordance with the protocol, as applicable based on the sources, sinks and reservoirs relevant to the project; (i) if applicable, the leakage discount factor set out in the protocol; (j) an estimate of the GHG reductions that will be
generated during the crediting period of the project, expressed in CO2e tonnes; (k) with respect to a project, other than a sequestration project, if more than one quantification method is provided for in the protocol, the quantification method that will be used and the reason those methods were chosen; (l) with respect to a sequestration project, if provided for in the protocol, which of the tonne-tonne, tonneyear or hybrid tonne-year quantification methods will be used for the duration of the project and the reason that method was chosen; (m) if a quantification method provides for options,
the option that will be used and the reason that option was chosen; (n) in the case of a sequestration project for which
the tonne-tonne or hybrid-tonne-year quantification method will be used, a copy of the reversal risk management plan and the sum of 3% and the percentage set out in the protocol and based on the reversal risk mitigation measures and monitoring activities implemented for the project; (o) a statement that the project is not registered in another offset credit system and, if the project was previously registered in another offset credit system (i) the name of the other system,
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 2 Information to Include in an Application for Registration of an Aggregation
(ii) the registration number of the project, if one was assigned, (iii) the registration number of any aggregation to
which the project belonged in that other system, if one was assigned, (iv) the project’s registration date in the other system, and (v) the date on which that registration was cancelled; (p) a statement that credits will not be attributed under another GHG reduction mechanism for the GHG reductions generated by the project; (q) a statement of whether the project is registered to receive any type of conservation or ecosystem service payment or credit, and the name of the program in which they are registered; and (r) a statement that the GHG reductions will be additional. 4 Information with respect to the aggregation: (a) the title of the protocol that is applicable to the
projects and, if more than one version of that protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version; (b) in the case of a group of projects that have previously been registered as part of another aggregation under these Regulations, the project registration numbers of each of the projects in the group; (c) an estimate of the GHG reductions that will be
generated by the projects that are part of aggregation, expressed in CO2e tonnes; (d) the number of projects in the aggregation; and (e) a description of the aggregation, including its
name, the activities set out in the protocol that are undertaken to prevent GHGs from being emitted or to remove GHGs from the atmosphere, as applicable, and the equipment set out in the protocol used for those activities.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 3 Content of the Project Report
SCHEDULE 3 (Subsections 20(1) and (2))
Content of the Project Report 1 Information with respect to the proponent (a) their name (including any trade name or other
name used by them) and civic address; (b) the name, title, civic and postal addresses, telephone number and, if any, email address of their authorized official; (c) the name, title, civic and postal addresses, telephone number and, if any, email address of a contact person, if different from the authorized official; (d) the federal Business Number assigned to the proponent by the Canada Revenue Agency, or, if the proponent is a charity that does not have a federal Business Number, the registered charity number assigned to them by the Canada Revenue Agency; (e) a statement that the proponent has exclusive entitlement to the credits issued for the GHG reductions generated by the project and that they have documents that demonstrate that entitlement; (f) a statement that the proponent has the necessary
authorizations to carry out the project activities and that they have documents that demonstrate those authorizations, including, in the case of a project that is located, in part or in whole, on private property that is not owned by the proponent or that uses equipment that is not owned by the proponent, a declaration signed by the owner stating that they authorize the use of their land or their equipment to implement, as the case may be; (g) a statement the proponent is in compliance with the legislative and regulatory requirements applicable to the project; (h) a statement that neither the proponent nor their
authorized official has been found guilty of an offence under section 380 of the Criminal Code since submitting the application for registration; and (i) a statement that no credits were attributed under
another GHG reduction mechanism for the GHG reductions generated by the project.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 3 Content of the Project Report
2 Information with respect to the project: (a) the project registration number; (b) the reporting period covered by the project report; (c) the title of the protocol that is applicable to the
project and, if more than one version of the protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version; (d) a description of any changes to the latest information provided in either the project registration application, the latest application for renewal of the crediting period or the latest project report; (e) a description of the project, including the activities set out in the protocol undertaken to prevent GHGs from being emitted or to remove GHGs from the atmosphere, as applicable, and the equipment set out in the protocol, used for those activities; (f) a list of the sources, sinks and reservoirs that, in
accordance with the protocol, must be included in the quantification of aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere based on the project activities undertaken, for each calendar year, specifying, in accordance with the protocol, if those sources, sinks and reservoirs (i) are included in the baseline scenario, or (ii) are included in the project scenario; (g) the value that corresponds to the leakage discount
factor that was applied when determining the quantity of GHG reductions, in accordance with the protocol, if applicable; (h) the aggregate of all of the GHGs emitted and the
GHGs removed from the atmosphere from the sources, sinks and reservoirs as specified in the protocol for the baseline scenario, quantified in accordance with the protocol, expressed in CO2e tonnes, by calendar year; (i) the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs included in the protocol for the project scenario, quantified in accordance with the protocol, expressed in CO2e tonnes, by calendar year; (j) if, for the first project report, the difference between the quantity determined for A under subsection 20(1) — or the total quantity referred to in paragraph (h) — and that determined for B under subsection 20(1) — or that referred to in paragraph (i) — indicates
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 3 Content of the Project Report
a net increase in GHG emissions, the quantity of GHG emissions that must be carried forward to the next project report in accordance with subsection 20(5) of these Regulations; (k) the applicable percentage determined for element
C in the formula set out in subsection 29(2) of these Regulations; (l) any data, values, and calculation methods used to
quantify the GHG reductions referred to in subsections 20(1) or (2), including any applicable GHG leakage reductions; (m) any information regarding GHG reductions that
the protocol requires to be included in the project report; and (n) any data and calculations used to estimate missing
data. 3 A statement that environmental and social safeguards, as set out in the protocol, have been implemented to minimize the potential negative outcomes of the project and a description of the implemented measures. 4 If the proponent is choosing not to have a project report verified in accordance with subsection 20(9), a statement that they have chosen not to have the project report verified and they have agree to not have offset credits issued for the period covered by that report.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 4 Content of the Report for an Aggregation of Projects
SCHEDULE 4 (Subsection 20(3))
Content of the Report for an Aggregation of Projects 1 Information with respect to the proponent (a) their name (including any trade name or other
name used by them) and civic address; (b) the name, title, civic and postal addresses, telephone number and, if any, email address of their authorized official. (c) the name, title, civic and postal addresses, telephone number and, if any, email address of a contact person, if different from the authorized official; (d) the federal Business Number assigned to the proponent by the Canada Revenue Agency, or, if the proponent is a charity that does not have a federal Business Number, the registered charity number assigned to them by the Canada Revenue Agency; (e) a statement that the proponent has exclusive entitlement to claim the credits issued for the GHG reductions generated by the projects in the aggregation and that they have documents that demonstrate that entitlement; (f) a statement that neither the proponent nor their
authorized official has been found guilty of an offence under section 380 of the Criminal Code since submitting the application for registration; and (g) a statement that no credits were attributed under
another GHG reduction mechanism for the GHG reductions generated by the projects in the aggregation.
2 Information with respect to the person carrying out
the project activities for each project in the aggregation: (a) a statement that they have the necessary authorizations to carry out the project activities and that they have documents that demonstrate those authorizations, including, in the case of a project that is located, in part or in whole, on private property that is not owned by person carrying out the project activities or that uses equipment that is not owned by person carrying out the project activities, a declaration signed by the owner stating that they authorize the use of
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 4 Content of the Report for an Aggregation of Projects
their land or their equipment to implement, as the case may be; and (b) a statement that they have complied with the legislative and regulatory requirements applicable to the project. 3 Information with respect to each project in the aggregation: (a) the project registration number; (b) a description of any changes to the latest information provided in either the registration application, the latest application for renewal of the crediting period or in the latest project report; (c) a description of the project, including its name, the activities set out in the protocol that are undertaken to prevent GHGs from being emitted or to remove GHGs from the atmosphere, as applicable, and the equipment, as set out in the protocol, used for those activities; (d) a list of the sources, sinks and reservoirs that, in accordance with the protocol, must be included in the quantification of the aggregate of all of the GHG emitted and the GHGs removed from the atmosphere based on the project activities undertaken, for each calendar year, specifying, in accordance with the protocol, if those sources, sinks and reservoirs (i) are included in the baseline scenario, or (ii) are included in the project scenario; (e) the value that corresponds to the leakage discount
factor that was applied when determining the quantity of GHG reductions, in accordance with the protocol, if applicable; (f) the aggregate of all of the GHGs emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs as specified in the protocol for the baseline scenario, quantified in accordance with the protocol, expressed in CO2e tonnes, by calendar year; (g) the aggregate of all of the GHG emitted and the GHGs removed from the atmosphere from the sources, sinks and reservoirs as specified in the protocol for the project scenario, quantified in accordance with the protocol, expressed in CO2e tonnes, by calendar year; (h) if, in the first project report, the difference between the quantities referred to in element A of the
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 4 Content of the Report for an Aggregation of Projects
formula set out in subsection 20(3) — or in paragraph (f) — and element C of the formula set out in subsection 20(3) — or in paragraph (g) — indicate a net increase in GHG emissions, the quantity of GHG emissions that must be carried over in accordance with subsection 20(5) of these Regulations; (i) the applicable percentage determined for C in the formula set out in subsection 29(2) of these Regulations; (j) any data, values, and calculation methods used to
quantify the GHG reductions referred to in subsection 20(3) of these Regulations, including any applicable GHG leakage deductions; (k) any information regarding GHG reductions that the protocol requires to be included in the project report; and (l) any data and calculations used to estimate missing
data.
4 With respect to each project, a statement that environmental and social safeguards, as set out in the protocol, have been implemented to minimize the potential negative outcomes of the project and a description of the implemented measures. 5 If the proponent is choosing not to have a project report verified in accordance with subsection 20(9) of the Regulations, a statement that they have chosen not to have the project report verified and that they agree to not have offset credits issued for the period covered by the report. 6 Information with respect to the aggregation: (a) the period covered by the project report; and (b) the title of the applicable protocol and, if more
than one version of the protocol is included in the Compendium of Federal Offset Protocols, the date of the applicable version.
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 5 Content of the Verification Report
SCHEDULE 5 (Subparagraph 24(1)(b)(iii) and section 28)
Content of the Verification Report 1 The following information for the verification of all reports: (a) with respect to the proponent: (i) their name (including any trade name or other name used by them) and civic address, (ii) the name, title, civic and postal addresses, telephone number and, if any, email address of the proponent’s authorized official, (iii) the name, title, civic and postal addresses, telephone number and, if any, email address of a contact person, if different from the authorized official, and (iv) the federal Business Number assigned to them
by the Canada Revenue Agency, or, with respect to a charity that does not have a federal Business Number, the registered charity number assigned to them by the Canada Revenue Agency; (b) with respect to the project: (i) the project registration number, (ii) the municipal address of the physical site, if
applicable, (iii) the coordinates (latitude and longitude), in decimal places to five decimal places, of the site on which the project activities are undertaken, (iv) the geographic boundaries of the site where the
project activities are undertaken and the site plan, established in accordance with the protocol, and (v) the title of the protocol that is applicable to the
project and, if more than one version is included to the Compendium of Federal Offset Protocols, the date of the applicable version; and (c) with respect to the verification: (i) the name and civic address of the verification
body, as well as the name, telephone number and email address of the lead verifier for the team that conducted the verification,
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 5 Content of the Verification Report
(ii) the name and contact information of the accreditation organization that accredited the verification body and the date of the accreditation, (iii) the names and functions of each member of the verification team, (iv) the version of the ISO standard 14064-3 according to which the verification was conducted and a description of the objectives and scope of the verification and the verification criteria, (v) a summary of the verification procedures conducted on the data and information supporting the report that is being verified including (A) any assessments, data sampling, tests and reviews that were conducted during the verification, (B) any tests of the GHG information system and controls, (C) the date and location of each visit conducted
for the purposes of section 27 of these Regulations, and (vi) a declaration, dated and signed by the lead
verifier, stating that the requirements of section 25 of these Regulations have been complied with and that any real or potential conflicts of interest have been effectively managed, (vii) a declaration signed and dated by a reviewer
who is not a member of the verification team, stating their approval of the verification report, including the name, civic address, telephone number and email address of that reviewer, (viii) the period covered by the report that is being
verified, and (ix) the date and location of each visit that has been conducted for the purposes of the verification.
2 In the case of a verification of a project report or corrected project report, the following information: (a) with respect to the first project report, an indication of whether the project start date is correct; (b) the GHG reductions generated by the project — the quantity of tonnes of GHG prevented from being emitted or removed from the atmosphere — expressed
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 5 Content of the Verification Report
in CO2e tonnes, for each calendar year covered by the report; (c) a record of errors or omissions, if they may be
quantified, capable of influencing the quantity of GHG reductions generated by the project, identified during the verification, of the data, information or methods used in the preparation of the report that (i) with respect to each error or omission, the number of CO2e tonnes to which the error or omission corresponds, the related percentage calculated in accordance with subparagraph 24(2) or (3), as the case may be, of these Regulations and a statement indicating whether the error or omission results in an understatement or overstatement, (ii) with respect to the aggregate of errors or omissions, if it may be quantified, the sum of the absolute value of the overstatements and understatements, expressed in CO2e tonnes, the related percentage calculated in accordance with subparagraph 24(3) of these Regulations and a statement indicating whether the net result is an understatement or an overstatement, and (iii) includes any corrections made by the proponent as a result of the errors or omissions; (d) an opinion from the verification body in accordance with Standard ISO 14064-3 as to whether (i) the quantity of GHG reductions reported in the report was calculated in accordance with these Regulations, (ii) the report was prepared in accordance with these Regulations, (iii) the project was implemented in accordance with the applicable protocol, (iv) the conditions of registration for the project, set out in section 8 or 9, are still being met at the time of the preparation of the verification report, (v) the proponent meets the requirements for the issuance of credits, set out in section 7, at the time of the preparation of the verification report, and (vi) no material discrepancy exists with respect to
the quantity of GHG reductions reported in the report; and (e) any modifications or limitations, related to a modified or adverse opinion, that prevented the verification body from providing an unmodified opinion
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 5 Content of the Verification Report
with respect to the elements set out in paragraph (d), if applicable. 3 In the case of a verification of a reversal report, the following information: (a) the quantity of GHGs released into the atmosphere during the reversal up to the date the reversal report is prepared, expressed in CO2e tonnes; (b) a record of errors or omissions capable of influencing the assessment of the quantity of the GHGs released into the atmosphere during the reversal, identified during the verification, of data, information or methods used in the preparation of the reversal report that (i) includes any corrections made by the proponent
as a result of the errors or omissions, and (ii) sets out the calculations made for the purpose
of the opinion referred to in subparagraph 3(c)(iii); (c) an opinion from the verification body as to whether (i) reversal risk mitigation measures and monitoring activities were implemented in accordance with the reversal risk management plan, (ii) the reversal report was prepared in accordance
with these Regulations, (iii) the errors or omissions identified during the
verification and referred to in paragraph (b) constitute a material discrepancy; and (d) any modifications or limitations, related to a
modified or adverse opinion, that prevented the verification body from providing an unmodified opinion with respect to the elements set out in paragraph (c).
4 In the case of a verification of a monitoring report, the following information: (a) an opinion as to whether (i) the monitoring report was prepared in accordance with these Regulations, (ii) the reversal risk mitigation measures and monitoring activities were implemented in accordance with the reversal risk management plan, and
Current to June 20, 2022
Canadian Greenhouse Gas Offset Credit System Regulations SCHEDULE 5 Content of the Verification Report
(iii) the mitigation measures and monitoring activities that were implemented were those set out in the monitoring report; and (b) any modifications or limitations, related to a
modified or adverse opinion, that prevented the verification body from providing an unmodified opinion with respect to the elements set out in paragraph (a).
Current to June 20, 2022
|
CONSOLIDATION
Canada Deposit Insurance Corporation Data and System Requirements By-law
SOR/2010-292
Current to June 20, 2022 Last amended on June 7, 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 7, 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 7, 2019
TABLE OF PROVISIONS Canada Deposit Insurance Corporation Data and System Requirements By-law
Interpretation 1
Definitions
Obligations of Member Institutions 2
Capabilities
Provision of information and evidence
Certification
Timing of compliance
Current to June 20, 2022 Last amended on June 7, 2019
ii
Registration SOR/2010-292
December 8, 2010
CANADA DEPOSIT INSURANCE CORPORATION ACT Canada Deposit Insurance Corporation Data and System Requirements By-law
The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to subsection 11(2)a of the Canada Deposit Insurance Corporation Actb, hereby makes the annexed Canada Deposit Insurance Corporation Data and System Requirements By-law. Ottawa, December 8, 2010
a
S.C. 2010, c. 12, s. 1886
b
R.S., c. C-3
Current to June 20, 2022 Last amended on June 7, 2019
Canada Deposit Insurance Corporation Data and System Requirements By-law
Interpretation Definitions 1 (1) The following definitions apply in this By-law.
Act means the Canada Deposit Insurance Corporation Act. (Loi) business day, in respect of a member institution, means a weekday that is not a holiday at the location of its head office. (jour ouvrable) Data Requirements [Repealed, SOR/2019-187, s. 1] determination date, in respect of a member institution, means (a) if a winding-up order is made in respect of the institution before the day on which the Corporation makes a payment under section 14 of the Act, the day on which the petition or other originating process is filed in respect of the winding-up; and (b) if a winding-up order is not made in respect of the
institution, the day on which any of the circumstances described in subsection 14(2.1) of the Act first occurred in respect of the institution. (date-repère) determination time means (a) in respect of the deposit liabilities of a member institution that are located in Canada (i) if the determination date is a business day, the
time by which all of the transactions made on that business day are processed and posted to the deposit records of the depositors of the member institution, and (ii) if the determination date is not a business day,
the time by which all of the transactions made on the business day immediately preceding the determination date are processed and posted to the deposit records of the depositors of the member institution; and (b) in respect of the deposit liabilities of a member institution that are located in a foreign branch of the
Current to June 20, 2022 Last amended on June 7, 2019
Canada Deposit Insurance Corporation Data and System Requirements By-law Interpretation Sections 1-2
member institution or posted in the records of that foreign branch (i) if the determination date is a business day, the time by which all of the transactions made on that business day are processed and posted to the deposit records of the depositors of the foreign branch of the member institution, and (ii) if the determination date is not a business day,
the time by which all of the transactions made on the business day immediately preceding the determination date are processed and posted to the deposit records of the depositors of the foreign branch of the member institution. (heure-repère) foreign branch means a branch of a member institution that is located outside Canada. (succursale étrangère) standardized data [Repealed, SOR/2019-187, s. 1]
Reference to day or time (2) In this By-law, (a) a reference to a day, in respect of a member institution, is a reference to a period of 24 hours beginning immediately after midnight at the location of its head office; and (b) a reference to a particular time, in respect of a
member institution, is a reference to that time at the location of its head office. SOR/2015-57, s. 1; SOR/2019-187, s. 1.
Obligations of Member Institutions Capabilities 2 (1) For the purpose of facilitating the Corporation’s exercise of its functions under section 14 of the Act or in the event that an order is made under any of paragraphs 39.13(1)(a) to (c) of the Act, every member institution must be capable of (a) producing the following data, as of the determination time, in relation to its deposit liabilities — other than those posted in the records of a foreign branch of the member institution — and providing that data or
Current to June 20, 2022 Last amended on June 7, 2019
Canada Deposit Insurance Corporation Data and System Requirements By-law Obligations of Member Institutions Section 2
making it available to the Corporation in a usable format no later than the time referred to in subsection (2): (i) data that enables the Corporation to identify
and contact each depositor and ascertain their preferred official language and their province of residence, (ii) data that enables the Corporation to identify
and group those deposit liabilities by (A) unique depositor, (B) eligibility to be insured by the Corporation, (C) insurance category, and (D) account type, and (iii) the interest accrued and payable in relation to
each deposit liability as of the determination date; and (b) temporarily preventing withdrawals of deposit liabilities or any portion of them according to account type within six hours after receiving instructions from the Corporation. Time limit — provision of data (2) The member institution must be capable of providing or making available to the Corporation the data referred to in paragraph (1)(a) no later than (a) in the case of the data referred to in subparagraphs (1)(a)(i) and (ii), (i) if the determination time occurs on or after the
determination date, the earlier of (A) six hours after the determination time, and (B) 4:00 p.m. on the day after the determination
date, and (ii) if the determination time occurs before the determination date, 4:00 p.m. on the day after the determination date; and (b) in the case of the data referred to in subparagraph (1)(a)(iii), (i) if the determination time occurs on or after the determination date, the earlier of (A) 30 hours after the determination time, and
Current to June 20, 2022 Last amended on June 7, 2019
Canada Deposit Insurance Corporation Data and System Requirements By-law Obligations of Member Institutions Sections 2-5
(B) 4:00 p.m. on the second day after the determination date, and (ii) if the determination time occurs before the determination date, 4:00 p.m. on the second day after the determination date. Policies and procedures (3) The member institution must develop and implement policies and procedures to ensure that it has the capabilities referred to in subsections (1) and (2). SOR/2019-187, s. 2.
Provision of information and evidence 3 Every member institution must, on request of the Corporation and within the period set out in the request, (a) provide to the Corporation a copy of the policies
and procedures referred to in subsection 2(3); (b) inform the Corporation of the time by which all of the transactions made on a given day are processed and posted to the deposit records of the depositors of the member institution; (c) provide or make available to the Corporation the
data referred to in paragraph 2(1)(a), including as of a time or date specified by the Corporation if there is no determination time or determination date; (d) demonstrate that any data provided or made available to the Corporation is consistent with the records of the member institution and explain any variances; and (e) provide or make available to the Corporation any other evidence that the member institution has the capabilities referred to in subsections 2(1) and (2). SOR/2015-57, s. 2; SOR/2019-187, s. 2.
Certification 4 Every member institution must, within 30 days after the day on which a request to that effect is sent by the Corporation, certify whether it has, in all material respects, the capabilities referred to in subsections 2(1) and (2) and whether it adheres to the policies and procedures referred to in subsection 2(3). SOR/2015-57, s. 3; SOR/2019-187, s. 2.
Timing of compliance 5 (1) Subject to subsections (2) and (3), an institution
must
Current to June 20, 2022 Last amended on June 7, 2019
Canada Deposit Insurance Corporation Data and System Requirements By-law Obligations of Member Institutions Section 5
(a) provide to the Corporation, within 30 days after
the day on which it becomes a member institution, a plan to become compliant with this By-law; and (b) comply with this By-law as soon as feasible but
within 18 months after the day on which it becomes a member institution.
Amalgamated member institutions (2) A member institution that results from an amalgamation of two or more institutions must (a) in respect of the deposit liabilities of any amalgamating institution that became a member institution during the 18 months before the amalgamation date, (i) provide to the Corporation, within 30 days after that date, a plan to become compliant with this Bylaw, and (ii) comply with this By-law as soon as feasible but within 18 months after the day on which the amalgamating institution became a member institution; (b) in respect of the deposit liabilities of any amalgamating institution that was not a member institution before the amalgamation date, (i) provide to the Corporation, within 30 days after that date, a plan to become compliant with this Bylaw, and (ii) comply with this By-law as soon as feasible but
within 18 months after the amalgamation date; and (c) in respect of its other deposit liabilities, comply
with this By-law without delay.
Assumed deposit liabilities (3) A member institution that assumes deposit liabilities of another institution must, in respect of the assumed liabilities, (a) provide to the Corporation, within 30 days after the day on which it assumes the deposit liabilities, a plan to become compliant with this By-law; and
Current to June 20, 2022 Last amended on June 7, 2019
Canada Deposit Insurance Corporation Data and System Requirements By-law Obligations of Member Institutions Sections 5-7
(b) comply with this By-law as soon as feasible but
within 18 months after the day on which it assumes the deposit liabilities. SOR/2019-187, s. 2.
6 [Repealed, SOR/2019-187, s. 2] 7 [Repealed, SOR/2019-187, s. 2]
Current to June 20, 2022 Last amended on June 7, 2019
|
CONSOLIDATION
Canada Turkey Marketing Producers Levy Order
[Repealed, SOR/2019-54, s. 9]
Current to June 20, 2022 Last amended on March 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 March 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 March 1, 2019
TABLE OF PROVISIONS Canada Turkey Marketing Producers Levy Order
Current to June 20, 2022 Last amended on March 1, 2019
ii
|
CONSOLIDATION
Canadian Cultural Property Export Control List
C.R.C., c. 448
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 Establishing a Canadian Cultural Property Export Control List 1
Short Title
Application GROUP I
Objects Recovered from the Soil or Waters of Canada GROUP II
Objects of Ethnographic Material Culture GROUP III
Military Objects GROUP IV
Objects of Applied and Decorative Art GROUP V
Objects of Fine Art GROUP VI
Scientific or Technological Objects GROUP VII
Textual Records, Graphic Records and Sound Recordings
GROUP VIII
Musical Instruments
Current to June 20, 2022
ii
CHAPTER 448
CULTURAL PROPERTY EXPORT AND IMPORT ACT INTERPRETATION ACT
Canadian Cultural Property Export Control List
Order Establishing a Canadian Cultural Property Export Control List
Short Title 1 This Order may be cited as the Canadian Cultural Property Export Control List.
Application 2 This Order applies only to an object that is 50 or more
years old and was made by a natural person who is no longer living. SOR/86-329, s. 1; SOR/2005-260, s. 1.
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP I Objects Recovered from the Soil or Waters of Canada
GROUP I
Objects Recovered from the Soil or Waters of Canada [SOR/2005-260, s. 2(F)].
Interpretation [SOR/2005-260, s. 2(F)]
1 In this Group, Aboriginal peoples of Canada means, collectively, those persons of Indian or Inuit ancestry, including Métis persons, or persons recognized as being members of an Indian, Inuit or Métis group by the other members of that group, who at any time ordinarily resided in the territory that is now Canada; (Autochtones du Canada) artifact means an object made or reworked by a person or persons and associated with historic or prehistoric cultures; (objet façonné) described mineral specimen means a mineral specimen for which scientific data, illustrations or descriptions appear in a professional publication; (spécimen minéral décrit) fossil means the preserved remains or traces of animals or plants that lived in the geological past but does not include (a) fossil fuels or fossiliferous rock intended for industrial use, or (b) a carving or sculpture made by a person or persons from fossiliferous or fossilized matter; (fossile) fossil amber means fossil resin with or without inclusions; (ambre jaune) invertebrate fossil means the fossilized remains of an animal that did not possess a backbone; (invertébré fossile) meteorite means any naturally-occurring object of extraterrestrial origin; (météorite) mineral means an element or chemical compound that occurs naturally in soil or water and includes crystals and naturally occurring metals, and gemstones whether or not polished or facetted by a person or persons. It does not include minerals, ores and concentrates intended for industrial use, or a carving or sculpture made by a person or persons from minerals; (minéral) plant fossil means the fossilized remains of vegetable matter; (plante fossile) recovered from the soil, in respect of an object or specimen, means that the object or specimen has originated in or has been excavated from bedrock or sediments, has been
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP I Objects Recovered from the Soil or Waters of Canada
retrieved as a find from the surface of bedrock or sediments or has been recovered from snow or ice; (trouvé sur ou dans le sol) tektite means any natural form of silicate glass of non-volcanic origin; (tectite) type fossil specimen means any fossil specimen or portion thereof of a biological species used in the original scientific study and published description of that species; (spécimen fossile type) type mineral specimen means any mineral specimen or portion thereof of a mineral species used in the original scientific study and published description of that species; (spécimen minéral type) vertebrate fossil means the fossilized remains of an animal that possessed a backbone; (vertébré fossile) vertebrate trace fossil means the fossilized trace of a vertebrate. (empreinte fossile de vertébré) SOR/97-159, s. 1; SOR/2005-260, s. 3.
Mineralogy 2 Mineral specimens, whether composed of a single mineral, a part of a mineral or an aggregate of minerals, recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada, as follows: (a) a type mineral specimen or a described mineral specimen of any value; (b) a single mineral specimen of a fair market value in Canada of more than $2,000; (c) a collection of 10 or more mineral specimens of a fair market value in Canada of more than $5,000 recovered from a specific mine, quarry or locality; (d) mineral specimens in bulk, recovered from a specific mineral occurrence, weighing 225 kg (500 pounds) or more of any value; and (e) meteorites and tektites of any value. SOR/95-170, s. 1; SOR/97-159, s. 2; SOR/2005-260, s. 4(F).
Palaeontology 3 Palaeontological specimens recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada, as follows:
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP I Objects Recovered from the Soil or Waters of Canada
(a) a type fossil specimen of any value; (b) fossil amber of any value; (c) a vertebrate fossil specimen of a fair market value in Canada of more than $500; (d) an invertebrate fossil specimen of a fair market value in Canada of more than $500; (e) specimens in bulk weighing 11.25 kg (25 pounds) or more of vertebrate fossils or vertebrate trace fossils of any value; and (f) specimens in bulk weighing 22.5 kg (50 pounds) or more, recovered from a specific outcrop, quarry or locality, that include one or more specimens of any value of the following, namely, (i) invertebrate fossils, (ii) plant fossils, or (iii) fossiliferous rock containing plant fossils or invertebrate fossils. SOR/95-170, s. 1; SOR/97-159, s. 3; SOR/2005-260, s. 5(F).
Archaeology 4 (1) An archaeological object of any value recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada not less than 75 years after its burial, concealment or abandonment if the object is an artifact or organic remains, including human remains, associated with or representative of historic or prehistoric cultures.
(2) Without restricting the generality of subitem (1), archaeological objects described in that subitem include (a) artifacts that relate to the Aboriginal peoples of Canada, namely, (i) arrow heads, harpoon heads and such other projectile points used as hunting implements, (ii) adzes, axes, awls, celts, chisels and such other tools and agricultural implements, (iii) clubs, tomahawks and such other weapons, (iv) harpoon heads, fish hooks, sinkers, and such other fishing implements, (v) pipes, vessels, potsherds and such other pottery, (vi) effigies, rock drawings, wampum and such other ceremonial and religious articles, and (vii) beads, articles of adornment and such other objects used as trading goods;
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP I Objects Recovered from the Soil or Waters of Canada
(b) artifacts that relate to the progressive exploration, occupation, defence and development of the territory that is now Canada by non-aboriginal peoples, namely, (i) arms, accoutrements, fragments of uniforms, buckles, badges, buttons, and such other objects related to military activity, (ii) beads, articles of adornment and such other objects used as trading goods associated with the fur trade, (iii) hunting, fishing and trapping implements, (iv) ordnance, ship’s gear, anchors and such other objects related to naval activity, (v) religious paraphernalia and such other objects related to missionary activity, (vi) coins, cargo from shipwrecks or sunken ships and such other objects related to transportation, supply and commerce, (vii) utensils, implements, tools, weapons, household articles and such other objects related to early settlement and pioneer life, and (viii) machinery and such other objects related to manufacture and industry; and (c) organic remains associated with or representative of historic or prehistoric cultures. SOR/86-329, s. 2; SOR/97-159, s. 4; SOR/2005-260, s. 6.
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP II Objects of Ethnographic Material Culture
GROUP II
Objects of Ethnographic Material Culture Interpretation 1 The definitions in this section apply in this Group. Aboriginal person of Canada means a person of Indian or Inuit ancestry, including a Métis person, or a person recognized as being a member of an Indian, Inuit or Métis group by the other members of that group, who at any time ordinarily resided in the territory that is now Canada. (Autochtone du Canada) object of ethnographic material culture means an object that was made, reworked or adapted for use by a person who is an Aboriginal person of Canada, or an aboriginal person of a country other than Canada, that may (a) incorporate features reflecting contact with non-aboriginal cultures; and (b) be a single object or an object together with its component parts that form a single unit. (objet de culture matérielle ethnographique) SOR/95-170, s. 2; SOR/97-159, s. 5.
Objects of Ethnographic Material Culture 2 An object of ethnographic material culture that (a) has a fair market value in Canada of more than $3,000 and was made, reworked or adapted for use by an Aboriginal person of Canada; (b) has a fair market value in Canada of more than $10,000 and was made, reworked or adapted for use by an aboriginal person of the territory that is now (i) the United States, (ii) Greenland, or (iii) the part of the Russian Federation east of 135° longitude; or (c) has a fair market value in Canada of more than $20,000 and was made, reworked or adapted for use by a person who is an aboriginal person of a territory other than a territory mentioned in paragraph (a) or (b). SOR/86-329, ss. 3, 4; SOR/95-170, s. 3; SOR/97-159, s. 5.
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP III Military Objects
GROUP III
Military Objects Interpretation [SOR/2005-260, s. 7(F)]
1 The definitions in this section apply in this Group. accoutrement means a military accessory that is associated with the wearing of or use of a specific hand-carried weapon or piece of ordnance. It includes magazines, loading tools, belts, straps, holsters, mounts, telescopic or other sights, powder horns or flasks, bullet pouches, molds or starters, ramrods or wiping sticks, bayonets, scabbards and carrying cases. (accessoires) dress means an object that is armour, a head-dress, pantaloons, a tunic with trappings, accessories or any other associated articles that form a part of military apparel. (costume) hand-carried weapon or piece of ordnance includes (a) a small arm, staff-weapon or an edged weapon; and (b) a cannon or artillery piece that is muzzle-loaded or breech-loaded, whether originally mounted or unmounted, that was used or designed to be used for a warlike purpose. (arme portative ou pièce d’artillerie) military shall be construed as relating to any warlike force. (militaire) SOR/97-159, s. 6.
Military Objects 2 Military objects made within or out of the territory that is now Canada if they relate to military activities that took place in the territory or if they relate to a person who at any time ordinarily resided in the territory and who participated in military activities that took place out of the territory, namely, (a) an order, decoration, medal, insignia, including a ribbon, collar or sash normally associated with such order, decoration, medal or insignia, that has a fair market value in Canada of more than $3,000; (b) a flag, colour, banner or pennant that has a fair market value in Canada of more than $3,000; (c) dress that has a fair market value in Canada of more than $3,000; and (d) any hand-carried weapon or piece of ordnance, or their associated accoutrements, that has a fair market value in Canada of more than $3,000. SOR/86-329, s. 5; SOR/95-170, s. 4; SOR/97-159, s. 7.
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP IV Objects of Applied and Decorative Art
GROUP IV
Objects of Applied and Decorative Art Interpretation 1 In this Group, object of applied and decorative art means art in which the principles of design, ornamentation, enrichment and decoration are applied to the production of functional and utilitarian objects or architectural features. SOR/97-159, s. 8.
Objects of Applied and Decorative Art [SOR/97-159, s. 9]
2 (1) Objects of applied and decorative art that are more than 100 years old made in the territory that is now Canada, namely, (a) glassware, ceramics, textiles, woodenware and works in base metals that have a fair market value in Canada of more than $1,000; and (b) furniture, sculptured works in wood, other than sacred or religious carvings, works in precious metals and other objects of applied and decorative art that have a fair market value in Canada of more than $4,000. (2) Without restricting the generality of paragraph (1)(a), objects of applied and decorative art described in that paragraph include (a) utensils, tools, earthenware and such other household articles; (b) costumes, embroidery, lace and such other objects related to dress; (c) personal weapons; and (d) objects of folk art. (3) Without restricting the generality of paragraph (1)(b), objects of applied and decorative art described in that paragraph include (a) articles made of silver or gold; (b) jewellery; (c) decorative sculpture; (d) architectural features; (e) furnishings, including carpets, tapestries and lighting fixtures; and
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP IV Objects of Applied and Decorative Art
(f) objects of folk art. SOR/97-159, s. 10; SOR/2005-260, s. 8(F).
3 An object of applied and decorative art that was made in the territory that is now Canada, that is not less than 50 years old and that has a fair market value in Canada of more than $3,000, namely, a sacred or religious carving. SOR/95-170, s. 5; SOR/97-159, s. 11.
4 An object of applied and decorative art that is not less than 50 years old, that was made within or outside the territory that is now Canada by a person who at any time ordinarily resided in that territory and that has a fair market value in Canada of more than $6,000. SOR/95-170, s. 6; SOR/97-159, s. 11.
5 (1) An object of applied and decorative art that is made outside the territory that is now Canada, that is not less than 50 years old and that has a fair market value in Canada of more than $3,000, namely, (a) a Canadian pattern coin; (b) a trial strike of a Canadian coin; (c) a medal or medallion intended for or awarded to a person who at any time ordinarily resided in the territory that is now Canada; or (d) a pre-production proof of a Canadian postage stamp. (2) An object of applied and decorative art, other than an object described in subsection (1), that is made outside the territory that is now Canada, that is not less than 50 years old, that has a fair market value in Canada of more than $8,000 and that (a) was commissioned by a person who at any time ordinarily resided in the territory that is now Canada; (b) incorporates a Canadian theme or subject; or (c) is identified with a prominent person, institution or memorable event that relates to the art history, history or national life of Canada. SOR/86-329, ss. 6 to 9; SOR/97-159, s. 11.
6 Any object of applied and decorative art, other than an object described in section 5, that was made outside the territory that is now Canada, that is not less than 50 years old and that has a fair market value in Canada of more than $15,000. SOR/97-159, s. 11; SOR/2005-260, s. 9(F).
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP V Objects of Fine Art
GROUP V
Objects of Fine Art Interpretation [SOR/2005-260, s. 10(F)]
1 The definitions in this section apply in this Group. drawing means a unique artistic representation or work including calligraphy, usually on paper, parchment or vellum, executed in media such as pen and ink, ink wash, black or colour chalk, pastels, charcoal, graphite, water colour, gouache or metal-point. (dessin) painting means a unique artistic representation or work executed in oil-base pigments, fresco, collage, tempera, encaustic, synthetic or other media on stretched canvas, mounted paper, cardboard or other manufactured board, metal, glass, wood, silk or other support. (peinture) print means an artistic representation or work usually on paper or vellum, executed in media such as woodcut, metalcut, wood engraving, engraving, etching, drypoint, mezzotint, aquatint, soft ground, lithography, monotype, cliché-verre or silk screen. (estampe) sculpture means an artistic representation or work in three dimensions that is carved, modeled or constructed and includes such a representation that has subsequently been cast in plaster, metal or other substance that will take on a rigid form. (sculpture) SOR/95-170, s. 7; SOR/97-159, s. 12; SOR/2005-260, s. 11(F).
Objects of Fine Art 2 An object of fine art that is made within or outside the territory that is now Canada by a person who at any time ordinarily resided in the territory that is now Canada and that (a) in the case of drawing or print, has a fair market value in Canada of more than $5,000; (b) in the case of a painting or sculpture, has a fair market value in Canada of more than $15,000; and (c) in the case of works of fine art in media other than those listed in paragraph (a) or (b), or works of art in multi-media, has a fair market value in Canada of more than $5,000. SOR/95-170, s. 8(F); SOR/97-159, s. 13.
3 (1) Objects of fine art made within or outside the territory that is now Canada, namely,
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP V Objects of Fine Art
(a) a drawing or print that has a fair market value in Canada of more than $7,500, (b) a painting or sculpture that has a fair market value in Canada of more than $20,000, and (c) a work of fine art in media other than those listed in paragraph (a) or (b), or works of fine art in multi-media, that has a fair market value in Canada of more than $7,500, (2) The object referred to in paragraph (1)(a), (b) or (c) must (a) have been commissioned by a person who at any time ordinarily resided in the territory that is now Canada, (b) incorporate a Canadian theme or subject, or (c) be identified with a prominent person, institution or memorable event that relates to the art history, history or national life of Canada. SOR/95-170, s. 9; SOR/97-159, s. 13.
4 Objects of fine art, other than the objects described in section 2 or 3, that are made outside the territory that is now Canada, namely, (a) a drawing or print that has a fair market value in Canada of more than $15,000; (b) a painting or sculpture that has a fair market value in Canada of more than $30,000; and (c) a work of fine art in media other than those listed in paragraph (a) or (b), or works of fine art in multi-media, that has a fair market value in Canada of more than $20,000. SOR/97-159, s. 13.
5 For prints executed since 1880, a distinction shall be made between an original print in which the artist has had direct control in the preparation of the printing surface or photomechanical process involved and a reproduction made by only photomechanical means. SOR/80-855, s. 1.
6 The date of a print is established by the date of the execution of the printing surface or the date of the impression from the printing surface. SOR/80-855, s. 1; SOR/86-329, ss. 10 to 13.
7 Photographs are included in Group VII of this List. SOR/97-159, s. 14.
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VI Scientific or Technological Objects
GROUP VI
Scientific or Technological Objects Interpretation [SOR/2005-260, s. 12(F)]
1 In this Group, machine means a contrivance that is used in the performance of some kind of work or activity and that consists of inter-related parts and uses any source of energy including animal power, manpower, air, water, light, steam, gravity, friction, combustion or electricity, but does not include scrap metal intended for industrial purposes; (machine) patent model means the model constructed for the purpose of obtaining a patent for an invention, discovery or process; (modèle breveté) prototype model means any original working model on which subsequent production was based; (prototype) scale model means a model reduced in size according to a fixed scale or proportion; (modèle réduit) scientific apparatus means an assembly of objects forming a unit constructed for the purpose of research in any scientific discipline; (appareil scientifique) scientific instrument means an implement, tool or device used for practical or scientific purposes as an instrument for examining or measuring. (instrument scientifique) SOR/97-159, s. 15.
Scientific or Technological Objects 2 An object that was made, designed or invented in the territory that is now Canada, or that was made, designed or invented out of the territory by a person who at any time ordinarily resided in the territory, and that has a fair market value in Canada of more than $3,000, as follows: (a) a scientific instrument, other than a scientific instrument that is intended to be used for any scientific or technological purpose; (b) an original scientific apparatus; or (c) a scale model, patent model or prototype model of a scientific instrument, original scientific apparatus or machine. SOR/95-170, s. 10; SOR/97-159, s. 16.
3 A machine, other than a machine that is intended to be used for a manufacturing, industrial or commercial purpose, that was made, designed or invented in the territory that is
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VI Scientific or Technological Objects
now Canada or that was made, designed or invented outside that territory by a person who at any time ordinarily resided in that territory, and that has a fair market value in Canada of more than $3,000. SOR/95-170, s. 11; SOR/97-159, s. 17.
4 The following objects made out of the territory that is now Canada if they relate to the history of science and the development of technology in Canada, namely, (a) a scientific instrument, other than a scientific instrument that is intended to be used for any scientific or technological purpose, that has a fair market value in Canada of more than $5,000; and (b) a machine, other than a machine that is intended to be used for a manufacturing, industrial or commercial purpose, that has a fair market value in Canada of more than $5,000. SOR/97-159, s. 18; SOR/2005-260, s. 13(F).
5 The following objects made out of the territory that is now Canada other than the objects described in item 4, if they are related to the history of science and the development of technology, namely, (a) a scientific instrument, other than a scientific instrument that is intended to be used for any scientific or technological purpose, that has a fair market value in Canada of more than $8,000; and (b) a machine, other than a machine that is intended to be used for a manufacturing, industrial or commercial purpose, that has a fair market value in Canada of more than $8,000. SOR/97-159, s. 19; SOR/2005-260, s. 14(F).
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VII Textual Records, Graphic Records and Sound Recordings
GROUP VII
Textual Records, Graphic Records and Sound Recordings Textual Records Interpretation 1 The definitions in this section apply in this section and section 2. broadsheet means a publication that consists of a single sheet printed on both sides, sometimes also referred to as a handbill. (prospectus) broadside means a publication that consists of a single sheet bearing information on one side only that is intended to be affixed to a surface and that is more textual than graphic. (placard) document, manuscript or record [Repealed, SOR/2005-260, s. 15] leaflet means a publication that consists of one or more sheets, printed on both sides, that is folded but not stitched or bound. (feuillet) manuscript, record or document means textual material in holograph or typescript, excluding printed materials and other works intended for public distribution such as printed books, pamphlets, or serials. Nevertheless, objects considered to be a manuscript, record or document include (a) a diary, ledger or letterbook; (b) a literary manuscript; (c) a leaflet, broadsheet, broadside or poster; (d) a letter and enclosures; (e) a cover or sheet that contains postal markings or that incorporates postage or revenue stamps; (f) a memorandum, report or account; (g) sheet music; (h) printed ephemera; and (i) a single newspaper. (manuscrit, pièce d’archives ou document) printed book or pamphlet means a work of at least two pages, exclusive of cover pages, made up of sheets bound, stitched or fastened together so as to form a material whole
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VII Textual Records, Graphic Records and Sound Recordings
under an established date of printing. It includes each work in a set issued under a single title. (livre imprimé ou brochure) serial means a publication that appears at intervals for an indefinite period. (série) serial title means a run of a serial, irrespective of its continuity. (titre de série) textual record [Repealed, SOR/2005-260, s. 15] SOR/97-159, s. 20; SOR/2005-260, s. 15.
Textual Records 2 (1) Textual records if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory, or were made outside that territory and relate to the history or national life of Canada, namely, (a) a manuscript, record or document that has a fair market value in Canada of more than $1,000; (b) a collection of associated manuscripts, records or documents that has a fair market value in Canada of more than $2,000; (c) a printed book or pamphlet, a set of printed books or pamphlets under a single title or a serial title, other than a newspaper, that has a fair market value in Canada of more than $3,000; and (d) a collection of associated printed books or pamphlets or serial titles, other than a collection of newspapers, that has a fair market value in Canada of more than $15,000.
(2) Without restricting the generality of subsection (1), examples of paper money considered to be a manuscript, record or document include card money, ordonnances of the French regime, army bills of the years 1813 to 1815 and provincial treasury notes made before the year 1818 for circulation in the territory that is now Canada.
(3) The age of any printed material is determined by the established date of printing for the material. SOR/80-855, s. 2; SOR/95-170, s. 12; SOR/97-159, s. 20; SOR/2005-260, s. 16(E).
Graphic Records Interpretation 3 The definitions in this section apply in this section and sections 4 to 6.
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VII Textual Records, Graphic Records and Sound Recordings
cartographic record or document means (a) a collection of cartographic representations composed of manuscript or printed material that is bound, stitched or fastened together to form a unit that has no established date of printing for the unit as a whole; (b) a single sheet on which are cartographic representations, irrespective of folding; or (c) cartographic material that is (i) unattached and issued in a combination other than a printed book, such as boxed maps, irrespective of the date of printing, or (ii) in a loose format that clearly forms a single unit of visual information. (pièce d’archives cartographiques ou document cartographique) cinematographic film means positive or negative film, with or without sound, that contains continuous images designed to create the illusion of motion when projected in rapid succession, and includes film issued in any form in a set under a single title that may or may not be part of the film. Cinematographic films issued as a serial are considered to be a collection of associated cinematographic films. (film cinématographique) design means a preliminary sketch or drawing or an outline sketch, drawing, print or plan of a work of art, an edifice, a machine or any other subject to be constructed or made. (dessin) graphic record means a book, manuscript, record, document, photographic positive or negative, cinematographic film, map or any designs or material whose primary object is the communication of information in a visual form, other than written or printed language. (pièce d’archives graphiques) iconographic object means a graphic representation such as a design, illustration or other document that consists primarily of graphic representations or pictures. (objet iconographique) map means a document that is a cartographic representation and includes a topographic, hydrographic, military, cadastral, aeronautic or survey map, cartogram, chart or plan. (carte) photographic record or document means (a) a collection of photographs attached or mounted to form a unit, other than a printed book such as a photograph album; or (b) a collection of loose or unattached photographs that clearly form a single unit of visual information. A photograph may take the form of a daguerrotype, ambrotype, calotype, talbotype, tintype, transparency, cinegraph or hologram. (pièce d’archives photographiques ou document photographique)
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VII Textual Records, Graphic Records and Sound Recordings
pictorial record or document means (a) a bound or attached collection of designs such as a sketch book; or (b) a collection of loose or unattached designs that clearly form a single unit of visual information, such as a set of architectural plans or blueprints. (pièce d’archives picturales ou document pictural) printed atlas or cartographic book means a bound work with an established date of printing and includes each volume of a set of bound works issued under a single title. (atlas ou recueil de cartes imprimés) printed book of photographs or printed book of pictures or designs means a bound work with an established date of printing and includes each volume of a set of bound works issued under a single title. (recueil de photographies impriméourecueil d’illustrations ou de dessins imprimé) SOR/95-170, s. 13; SOR/97-159, s. 20; SOR/2005-260, s. 17(F).
Cartography 4 Cartographic objects if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were made outside that territory and relate to the history or national life of Canada, namely, (a) a map, cartographic record or document that has a fair market value in Canada of more than $1,000; (b) a collection of associated maps or cartographic records or documents that has a fair market value in Canada of more than $2,000; (c) a printed atlas or cartographic book or a set of atlases or cartographic books under a single title that has a fair market value in Canada of more than $2,000; and (d) a collection of associated printed atlases or cartographic books that has a fair market value in Canada of more than $10,000. SOR/80-855, s. 3; SOR/95-170, s. 14; SOR/97-159, s. 20.
Photography 5 Photographic objects if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VII Textual Records, Graphic Records and Sound Recordings
made outside that territory and relate to the history or national life of Canada, namely, (a) a photograph, photographic record or document or a cinematographic film that has a fair market value in Canada of more than $1,000; (b) a collection of associated photographs, photographic records or documents or cinematographic films that has a fair market value in Canada of more than $2,000; (c) a printed book of photographs or a set of printed books of photographs under a single title that has a fair market value in Canada of more than $2,500; and (d) a collection of associated printed books of photographs that has a fair market value in Canada of more than $15,000. SOR/95-170, s. 15; SOR/97-159, s. 20.
Iconography 6 Iconographic objects if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were made outside that territory and relate to the history or national life of Canada, namely, (a) a design, pictorial record or document that has a fair market value in Canada of more than $1,000; (b) a collection of associated designs or pictorial records or documents that has a fair market value in Canada of more than $2,000; (c) a printed book of pictures or designs or a set of printed books of pictures or designs under a single title that has a fair market value in Canada of more than $2,000; and (d) a collection of associated printed books of pictures or designs that has a fair market value in Canada of more than $10,000. SOR/80-855, s. 4; SOR/95-170, s. 16; SOR/97-159, s. 20.
Sound Recordings Interpretation [SOR/2005-260, s. 18(F)]
7 (1) In this section and sections 8 and 9, sound recording means
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VII Textual Records, Graphic Records and Sound Recordings
(a) an object in any medium on which sound has been registered by mechanical or electrical means so that the sound may be reproduced and played back; (b) objects of recorded sound issued in a set under a single title, irrespective of the date or dates of recording of the individual units in the set; and (c) a collection of physically separated objects of recorded sound where the collection clearly forms a single unit. (2) A sound recording may take the form of a cylinder, disc, belt, spool, cassette or cartridge. SOR/86-329, s. 14; SOR/97-159, s. 20.
Sound Recordings 8 Sound recordings if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were made outside that territory and relate to the history or national life of Canada, namely, (a) a sound recording or a document of recorded sound that has a fair market value in Canada of more than $1,000; and (b) a collection of associated sound recordings or documents of recorded sound that has a fair market value in Canada of more than $2,000. SOR/97-159, s. 20.
General 9 Objects that are made outside the territory that is now Canada, namely, (a) a graphic or textual object, other than a design or a photograph, that has a fair market value in Canada of more than $10,000; (b) a collection of associated graphic or textual objects, other than photographs, that has a fair market value in Canada of more than $25,000; (c) a design that has a fair market value in Canada of more than $3,000; (d) a photograph that has a fair market value in Canada of more than $2,000; and (e) a collection of associated photographs that has a fair market value in Canada of more than $10,000. SOR/97-159, s. 20.
Current to June 20, 2022
Canadian Cultural Property Export Control List GROUP VIII Musical Instruments
GROUP VIII
Musical Instruments Interpretation 1 In this Group, musical instrument means an object that is a device designed to produce sounds in melodic or harmonic combination. SOR/97-159, s. 20.
Musical Instruments 2 A musical instrument that was made within or outside the territory that is now Canada, that is identified with a prominent person, institution or memorable event that relates to the history or national life of Canada, and that has a fair market value in Canada of more than $3,000. SOR/97-159, s. 20.
3 A musical instrument, other than a musical instrument described in section 2, that was made within the territory that is now Canada or made outside that territory by a person who at any time ordinarily resided in that territory and that has a fair market value in Canada of more than $5,000. SOR/97-159, s. 20.
4 A musical instrument, other than a musical instrument described in section 2 or 3, that was made outside the territory that is now Canada and that has a fair market value in Canada of more than $50,000. SOR/97-159, s. 20.
Current to June 20, 2022
|
CONSOLIDATION
Canadian Industrial Renewal Regulations
SOR/81-850
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 Canadian Industrial Renewal
Short Title
Interpretation
PART I
Minister 4
PART II
Loans 7
Condition of a Loan
Application for a Loan
Interest
Term of Loan and Repayment
Security
PART III
Insurance 12
General
Condition of Insurance
Amount of Insurance
Application for Insurance
Reduction of Insurance and Insurance Fee
Payment of Insurance
PART IV
Contributions
Current to June 20, 2022
ii
Registration SOR/81-850 October 15, 1981
DEPARTMENT OF INDUSTRY ACT Canadian Industrial Renewal Regulations P.C. 1981-2916
October 15, 1981
His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, Trade and Commerce, the Minister of Regional Economic Expansion and the Treasury Board, pursuant to section 7 of the Department of Industry, Trade and Commerce Act and Vote 1a (Industry, Trade and Commerce) of Appropriation Act No. 1, 1980-81, is pleased hereby to make the annexed Regulations respecting Canadian Industrial Renewal.
Current to June 20, 2022
Regulations Respecting Canadian Industrial Renewal
Short Title 1 These Regulations may be cited as the Canadian Industrial Renewal Regulations.
Interpretation 2 In these Regulations,
application means a loan application, an insurance application or a contribution application made pursuant to these Regulations; (demande) board [Revoked, SOR/86-718, s. 1] business enterprise means an eligible manufacturer or a designated business; (entreprise commerciale) contribution means any contribution authorized under a vote of an Appropriation Act; (contribution) designated business means a person carrying on a manufacturing or processing activity or other commercial activity in a designated community; (entreprise désignée) designated community means an area designated for the purposes of these Regulations pursuant to section 6 of the Department of Regional Economic Expansion Act; (communauté désignée) eligible manufacturer means a manufacturer engaged or about to engage in an eligible manufacturing or processing activity; (fabricant admissible) eligible manufacturing or processing activity means an activity whereby goods or services are manufactured or provided by establishments that are classified or would normally be classified under any of the following: (a) Major Group 3, Establishments under S.I.C. 1624,
Rubber Footwear Manufacturers, (b) Major Group 4, (i) Establishments under S.I.C. 172, Leather Tanneries,
Current to June 20, 2022
Canadian Industrial Renewal Regulations Interpretation Section 2
(ii) Establishments under S.I.C. 174, Shoe Factories, (iii) Establishments under S.I.C. 175 that are primarily engaged in manufacturing gloves and mittens of leather, (c) Major Group 5, Textile Industries, other than Establishments under S.I.C. 1899, Miscellaneous Textile Industries, n.e.s. that are primarily engaged in the manufacture of hygiene products and whose manufacturing of textile materials used in the manufacture of hygiene products is solely for the purposes of manufacturing their own hygiene products, (d) Major Group 6, Knitting Industries, (e) Major Group 7, Clothing Industries, or (f) Major Group 20, (i) Establishments under S.I.C. 3931, Sporting
Goods Manufacturers, where the manufacture of sporting, recreational or athletic footwear is a substantial part of production, (ii) Establishments under S.I.C. 3993 that are primarily engaged in manufacturing coated fabrics, including oil cloth, leatherette and water repellant fabrics other than rubberized fabrics, of Division 5, Manufacturing Industries of the Standard Industrial Classification (S.I.C.) of 1970; (travaux de fabrication ou de transformation admissibles) external or other business means a person that carries on a manufacturing or processing activity or other commercial activity at a place other than a designated community or a person that intends to carry on a manufacturing or processing activity or other commercial activity and that is prepared to carry on a manufacturing or processing activity or other commercial activity (a) in a designated community, or (b) in a community, other than a designated community, that has a population of less than 100,000 and is located within a Canada Employment Centre area where employment in eligible manufacturing accounts for at least 20 per cent of manufacturing employment and 5 per cent of total employment and that has been severely affected by a major shutdown or layoff in an eligible manufacturing or processing activity; (entreprise externe ou autre entreprise)
manufacturer means a person engaged in a manufacturing or processing activity in Canada; (fabricant)
Current to June 20, 2022
Canadian Industrial Renewal Regulations Interpretation Section 2
manufacturing or processing activity means an activity whereby any goods, products, commodities or wares (a) are made, fabricated, processed or refined out of any raw material or other substance or combination thereof, (b) are converted or rebuilt, but not repaired, or (c) are made by causing any raw material or other
substance to undergo a significant chemical, biochemical or physical change including change that preserves or improves the keeping qualities of that raw material or other substance but excluding change by growth or decay; (travaux de fabrication ou de transformation) Minister means the Minister of Regional Industrial Expansion; (ministre) person includes an individual, partnership, association, body corporate, trustee, executor, administrator or legal representative but does not include an individual, partnership, association, body corporate, trustee, executor, administrator or legal representative who is primarily engaged in pulp and paper manufacturing falling under group 271 of Division E, Manufacturing Industries of the Standard Industrial Classification (S.I.C.) of 1980; (personne) private lender means a financially sound and reliable lender 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 is effectively controlled by that government or any agency thereof, or (d) any municipal corporation; (prêteur privé)
restructure means a change that is significant in the operations of a business with respect to its products, methods of production, markets or management procedures and includes, if directly related to such operations, the acquisition of working capital or the acquisition, construction or conversion of machinery, equipment, buildings, land or other facilities. (restructuration) SOR/82-119, s. 1; SOR/82-404, s. 1; SOR/82-643, s. 1; SOR/84-542, s. 1; SOR/85-278, s. 1; SOR/86-718, s. 1.
Current to June 20, 2022
Canadian Industrial Renewal Regulations Interpretation Sections 2-4
PART I
Minister [SOR/82-643, s. 2(F); SOR/84-132, s. 1(E); SOR/86-718, s. 24]
3 (1) The Minister shall administer the loans, insurance
and contributions made or authorized under these Regulations. (2) The Minister may, on behalf of Her Majesty, enter into and execute any agreement necessary to give effect to these Regulations. (3) The Minister may, in respect of any loan, insurance
or contribution made or authorized under these Regulations, require such information and documentation and make such stipulations as may be necessary in relation to such loan, insurance or contribution. (4) The Minister may, subject to these Regulations, grant loans, provide insurance or make contributions under these Regulations only where an applicant would likely be unable to implement a project without the assistance of the Minister. (5) The Minister shall do everything that is necessary or
appropriate to facilitate the efficient operation of these Regulations, to minimize any loss suffered or threatened to be suffered by Her Majesty arising out of any loan or insurance administered by the Minister pursuant to these Regulations and to maximize the potential economic gains to Canada arising from any contribution administered by the Minister pursuant to these Regulations. SOR/82-119, s. 2; SOR/82-404, s. 2; SOR/82-643, s. 2; SOR/84-132, s. 2; SOR/86-718, s. 2.
PART II
Loans 4 Subject to section 7 where, pursuant to these Regulations, the Minister has authorized the provision of insurance on a loan made by a private lender to a person, the Minister may make a loan in an amount not exceeding, in
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART II Loans Sections 4-6
the aggregate, 50 per cent of the amount of the private lender’s loan to that person on the following conditions: (a) the private lender has agreed to make the loan for
which the Minister has authorized the provision of insurance pursuant to the terms and conditions set by the Minister in accordance with these Regulations; (b) the loan made by the Minister shall bear interest
at a rate of not less than the aggregate of interest to be charged by the private lender on the insured loan and the insurance fee thereon; (c) the loan is essential to prevent a serious delay in
implementing the program for which the loan by the private lender was obtained; (d) the loan shall be repaid on the date of the first disbursement of the loan advanced by the private lender or on such date as may be set out in the loan agreement between the Minister and the applicant; and (e) the Minister shall specify the date on which the
loan shall be repaid in the event that a disbursement to repay the loan has not been made by the private lender within a reasonable time as established by the Minister. SOR/82-643, s. 3(F); SOR/86-718, ss. 3, 24.
5 Subject to section 7, where a person or a trustee or receiver authorized by law to carry on the activities of that person has previously obtained assistance by way of a loan or insurance on a loan made or authorized under these Regulations, the Minister may make a loan to that person or to the trustee or receiver for the purpose of protecting the Crown’s interest in respect of the loan previously made or insured. SOR/86-718, s. 24.
6 (1) Where a person submits adequate plans, developed with the assistance of a qualified consultant, that are based on a feasibility study made by a qualified consultant for the merger with or acquisition of a business enterprise and the person that submits the plans requires a loan (a) to purchase the effective ownership control of the business enterprise or the whole or a significant portion of the assets of the business enterprise that are related to its activity, or (b) to effect the merger or amalgamation with the business enterprise,
the Minister may make a loan to that person in an amount not exceeding $1.5 million.
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART II Loans Condition of a Loan Sections 6-10
(2) Notwithstanding subsection (1), where a person establishes that the person is capable of undertaking a feasibility study and developing plans described in that subsection, the feasibility study may be undertaken and the plans developed without the assistance of a qualified consultant. SOR/82-643, s. 4(F); SOR/86-718, s. 4.
Condition of a Loan 7 The Minister shall grant a loan in accordance with section 4 or 5 only where a person is unable to obtain sufficient financing on reasonable terms from other sources for the purposes set out in those sections. SOR/86-718, s. 24.
Application for a Loan 8 (1) A person that requires a loan in accordance with these Regulations shall apply therefor to the Minister and shall provide such information as may be necessary in order to process the application. (2) Where an appplication for a loan is approved by the Minister, the applicant shall enter into a loan agreement with Her Majesty. SOR/86-718, s. 5.
Interest 9 The rate of interest for any loan made pursuant to section 5 or 6 shall be determined by the Minister as of the day the application therefor is approved by the Minister and shall be not less than the rate of interest charged by the Government of Canada to Crown corporations for loans of a similar term nor higher than 3 per cent above the rate. SOR/86-718, s. 24.
Term of Loan and Repayment 10 (1) A loan made pursuant to these Regulations shall
be for such term, not exceeding 20 years, as may be fixed by the Minister. (2) The whole or any part of a loan made pursuant to these Regulations may be repaid in advance of the repayment date in accordance with the terms of the loan agreement and without notice, bonus or penalty. SOR/82-643, s. 5(F); SOR/86-718, ss. 6, 24.
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART II Loans Security Sections 11-12
Security 11 (1) Where it is advisable to obtain security for the repayment of a loan made or authorized under these Regulations, the Minister shall obtain or hold the appropriate security. (2) The Minister may surrender, retransfer or reconvey any security obtained or held by it pursuant to subsection (1) in exchange for other security or amend the provisions thereof. (3) The Minister may designate any trustee, receiver, receiver-manager or other person required to be appointed by the Minister under the security referred to in subsection (1). SOR/82-643, s. 6(F); SOR/86-718, ss. 7, 24.
PART III
Insurance General 12 Subject to section 17, the Minister may provide insurance on a loan made by a private lender to (a) a business enterprise if the business enterprise requires the loan to restructure its operations in order to improve its position in international trade competition; (b) an eligible manufacturer if the eligible manufacturer requires the loan to engage in the manufacture of products that will be subject to international trade competition; (c) a designated business if the designated business is about to engage in a manufacturing or processing activity or other commercial activity and will be subject to international trade competition; or (d) a person if the person requires a loan to acquire a corporation or group of corporations engaged in an eligible manufacturing or processing activity or located in a designated community and the acquisition will result in a significant increase in manufacturing or processing activities or other commercial activities. SOR/82-643, s. 7(F); SOR/86-718, s. 8.
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART III Insurance General Sections 13-14
13 Subject to section 17, the Minister may provide insurance on a loan made by a private lender to a business enterprise or a trustee or receiver authorized by law to carry on the activities of the business enterprise if (a) the business enterprise is subject to international trade competition; (b) the business enterprise is in financial difficulty that threatens the cessation of a significant portion of its operations and the layoff of a significant number of its employees; and (c) the business enterprise proposes the sale of all or a
significant portion of its assets or the person that holds effective ownership control of the business enterprise proposes the sale of such control and (i) the business enterprise requires a loan to continue its operations until the assets are sold or effective ownership control of the business enterprise is sold, as the case may be, (ii) the sale will be effected within a reasonable period of time, and (iii) the sale will enhance the prospects for the continued employment of a significant number of its employees. SOR/86-718, ss. 9, 24.
14 (1) Subject to subsection (3), the Minister may provide insurance on a loan made by a private lender to a person if the person requires the loan to (a) acquire effective ownership control of a business
enterprise; (b) acquire from a business enterprise the whole or a significant portion of the assets of the business enterprise; or (c) restructure its operations as a result of the acquisition by the person of the whole or a significant portion of the assets of a business enterprise. (2) Subject to subsection (3), the Minister may provide
insurance on a loan made by a private lender to a business enterprise in Canada to restructure its operations if the business enterprise requires the loan to restructure its operations as a result of the acquisition of its effective ownership control by a person. (3) The Minister may provide insurance pursuant to subsection (1) or (2) on the following conditions:
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART III Insurance General Sections 14-16
(a) the person referred to in subsection (1) or the business enterprise referred to in subsection (2) that requires a loan has agreed (i) to provide or to cause to be provided to the private lender an appropriate guarantee for 10 per cent of the amount of the loan to be provided, and (ii) to provide the private lender with appropriate
security on the assets acquired or on the assets of the corporation the effective ownership control of which has been acquired; and (b) the acquisition or restructuring in respect of which the loan is required (i) is essential to prevent a serious disruption in the
activity of the corporation acquired or the activity resulting from the use of the assets acquired, (ii) will result in the growth, efficiency or international competitiveness of a manufacturing or processing activity or other commercial activity in Canada, (iii) would not proceed unless the loan required is
insured by the Minister, and (iv) would not proceed unless the Minister and the private lender agree to limit the liability of the person referred to in subsection (1) or the business enterprise referred to in subsection (2) to the lender to 10 per cent of the amount of the loan to be provided. SOR/82-643, s. 8; SOR/86-718, s. 10.
15 Subject to section 17, the Minister may provide insurance on a loan made by a private lender to a person engaged or about to engage in a business in Canada that provides services, directly or indirectly, to a business enterprise in Canada that is engaged in international trade competition if that person requires the loan to establish, restructure or improve its operations in order to improve the position of the business enterprise in international trade competition. SOR/86-718, s. 10.
16 Subject to section 17, where a person or a trustee or
receiver authorized by law to carry on the activities of that person has previously obtained assistance by way of a loan or insurance on a loan made or authorized under these Regulations, the Minister may provide insurance on a loan to that person, trustee or receiver for the purpose of protecting the Crown’s interest in respect of the loan previously made or insured. SOR/86-718, s. 24.
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART III Insurance Condition of Insurance Sections 17-20
Condition of Insurance 17 The Minister shall grant insurance pursuant to sections 12, 13, 15 and 16 only where the business enterprise or person referred to in those sections that requires the loan is unable to obtain sufficient financing on reasonable terms unless the loan is insured by the Minister. SOR/86-718, s. 24.
Amount of Insurance 18 Insurance provided by the Minister pursuant to (a) section 12, 14 or 15 shall not exceed 90 per cent, or (b) section 13 or 16 shall not exceed 100 per cent
of the amount of the loan in respect of which it is provided. SOR/82-643, s. 9(F); SOR/86-718, s. 24.
Application for Insurance 19 A private lender who wishes the Minister to provide insurance on a loan in accordance with these Regulations shall apply therefor to the Minister and shall provide such information as may be necessary to process the application. SOR/86-718, s. 11.
Reduction of Insurance and Insurance Fee 20 (1) The amount of any insurance provided by the Minister pursuant to these Regulations may be reduced at the request of the private lender at such times and in such manner as may be agreed to by the Minister. (2) The insurance fee payable by a private lender shall be 1 per cent per annum of the amount of insurance in force from time to time and shall be paid in advance to the Minister in semi-annual installments. (3) Notwithstanding subsection (2), the Minister may, in
respect of insurance provided pursuant to section 13, 14 or 16, waive or reduce the amount and vary the terms of payment of the insurance fee accordingly. (4) If the amount of a loan made by a private lender is advanced in periodic advances, the Minister may, if required by the private lender, provide insurance pursuant to these Regulations on such advances. SOR/86-718, ss. 12, 24.
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART III Insurance Payment of Insurance Sections 21-24
Payment of Insurance 21 Where a private lender has demanded repayment of a
loan in respect of which insurance has been provided pursuant to these Regulations, the amount 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) in the case of (i) a loan insured pursuant to section 12 or 15, 90 per cent of the loss incurred by the private lender, and (ii) a loan insured pursuant to section 13 or 16, 100 per cent of the loss incurred by the private lender. 22 Notwithstanding section 21, where a private lender
has demanded repayment of a loan in respect of which insurance has been provided by the Minister pursuant to section 14, the amount 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) 90 per cent of the loss incurred by the private lender excluding any amount recovered or recoverable under the guarantee obtained by the private lender in accordance with subparagraph 14(3)(a)(i). SOR/86-718, s. 24.
PART IV
Contributions 23 The Minister shall administer contributions in accordance with the provisions of this Part. SOR/86-718, s. 24.
24 The Minister may make contributions to a business enterprise in respect of any of the following: (a) the costs of engaging the services of a qualified
consultant to develop a proposal to qualify for a loan or loan insurance under these Regulations or contributions under paragraph (c) or (d); (b) the costs of engaging the services of a qualified
consultant to identify new or improved products or to conduct product testing or market testing on such products;
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 24-25
(c) the costs of development and design of a new or
improved and technologically advanced product, process or service capability that offers good prospects for commercial exploitation and benefit to Canada, which development and design are scientifically and technically feasible but represent technical risk; (d) the costs of a project for the design of a new massproduced durable product through an expansion of the industrial design program of the business enterprise where the industrial design activity is directed by a qualified industrial designer; (e) the costs of engaging the services of a qualified
consultant to develop a market strategy or market feasibility study to exploit a project in respect of which a loan, loan insurance or contribution was made or authorized by the Minister under these Regulations; (f) the costs of engaging the services of a qualified consultant to undertake a study to determine the feasibility of implementing plans for a project to significantly enhance the productivity or efficiency of the project where (i) the enhancement project involves a significant departure from the traditional productivity or efficiency practices of the business enterprise and only involves the existing available technology, and (ii) there exists a potential for significant productivity or efficiency gains and a demonstrable uncertainty as to the benefits of the enhancement project; and (g) the costs of engaging the services of a qualified
consultant to protect Her Majesty’s interest in respect of any loan, insurance or a contribution made by the Minister pursuant to these Regulations. SOR/82-643, s. 10(F); SOR/86-718, ss. 13, 24.
25 (1) Contributions made under section 24 shall be in
an amount that is considered necessary to induce a business enterprise to undertake any of the matters described in that section without incurring significant economic hardship for the business enterprise. (2) Notwithstanding subsection (1), contributions made in respect of
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 25-27
(a) any of the matters described in paragraphs 24(a)
to (f) shall not exceed 75 per cent of its costs to the business enterprise; and (b) an interest described in paragraph 24(g) shall not
exceed 100 per cent of its costs to the business enterprise. (3) Where the Minister makes a contribution to a business enterprise in respect of the costs referred to in paragraph 24(b), the business enterprise shall pay to Her Majesty a royalty of up to 5 per cent of the amount of any export sales of a new or improved product referred to in that paragraph, except that (a) the aggregate of royalties shall not exceed the amount of the contribution; and (b) no royalties are required to be paid in respect of sales made more than five years from the day the contribution is made to the business enterprise. SOR/82-643, s. 11(F); SOR/86-718, ss. 14, 24.
26 Notwithstanding section 24, the Minister may make
contributions to a business enterprise pursuant to that section in respect of a project only where, (a) the project and the exploitation of the results thereof represent a significant burden in respect of the resources of the business enterprise; or (b) the project would not be undertaken in Canada
without a contribution by the Minister and the project and the exploitation of the results thereof offer significant benefit to Canada. SOR/82-404, s. 3; SOR/82-643, s. 12(F); SOR/86-718, ss. 15, 24.
27 (1) Subject to section 28.1, the Minister may make contributions to a designated business in respect of (a) the costs of engaging the services of a qualified
consultant required by the designated business to undertake a comprehensive analysis of the operations of the designated business and to develop adequate plans to restructure its operations to improve its ability to achieve efficient and sustained growth in the production and trade of Canadian goods and services or to adjust to changes in the domestic and external economic environment or to assist in the implementation of those plans, or (b) the costs of a project to adjust or to restructure its
operations to improve its ability to contribute to the efficient and sustained growth in the production and trade of internationally competitive Canadian goods and services or to adjust to changes in the domestic
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 27-28
and external economic environment if the project would not be likely to be undertaken without a contribution by the Minister. (2) A contribution made pursuant to subsection (1) shall not exceed (a) 75 per cent of the costs of the services of a consultant referred to in paragraph (1)(a); (b) 50 per cent of the capital costs of a project referred to in paragraph (1)(b) that is undertaken by the designated business within the designated community; and (c) 50 per cent of the preproduction expenses associated with a project referred to in paragraph (b). (3) Notwithstanding subsection (1), where a designated business establishes that it is capable of undertaking a comprehensive analysis and of developing plans for restructuring referred to in that subsection, the analysis may be undertaken and the restructuring plans developed without the assistance of a qualified consultant. SOR/82-404, s. 4; SOR/82-643, s. 13(F); SOR/86-718, s. 16.
28 (1) Subject to section 28.1, the Minister may make contributions to an external or other business in respect of (a) the costs of engaging the services of a qualified
consultant to develop a proposal in respect of which a contribution may be made pursuant to paragraph (b), and (b) the capital costs of a project to establish a manufacturing or processing activity or other commercial activity in a designated community if the project would not be likely to be undertaken in the designated community without a contribution by the Minister. (2) A contribution made pursuant to subsection (1) shall not exceed (a) 75 per cent of the costs of the services of a consultant referred to in paragraph (1)(a); (b) 50 per cent of the capital costs of a project referred
to in paragraph (1)(b) that is undertaken by the external or other business in the designated community; and (c) 50 per cent of the preproduction expenses associated with a project referred to in paragraph (b). (3) and (4) [Revoked, SOR/82-404, s. 5] SOR/82-404, s. 5; SOR/82-643, s. 14(F); SOR/86-718, s. 17.
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 28.1-29
28.1 (1) The Minister may make a contribution pursuant to sections 27 and 28 only where (a) the date on which the application for assistance is approved by the Minister precedes the commencement of the services of consultants and relative costs or a capital project and relative costs, including preproduction expenses; (b) the contribution to be made by the Minister in respect of the capital costs of a project and the preproduction expenses associated with the project and the preproduction expenses associated with the project, and any contribution in respect of those capital costs and preproduction expenses made or agreed to be made by the Government of Canada or by a government of any province of Canada does not exceed an amount equivalent to 50 per cent of the sum of the capital costs of the project and preproduction expenses associated with the project; (c) full repayment of the contribution to be made by the Minister in respect of a capital project and in respect of preproduction expenses associated with the project has been made a condition of the contribution; (d) the project offers net significant economic benefit
to Canada and will not be likely to create competitive overcapacity in the relevant sector or industry; and (e) in the case of projects to adjust, restructure or establish operations, the sum of the capital costs and the preproduction expenses associated with such projects will not be less than $100,000. (2) Notwithstanding paragraph (1)(c), where (a) the condition for repayment of a contribution provided for in that paragraph would result in the project not being undertaken in the designated community, and (b) the project offers exceptional benefits to Canada,
the Minister may waive the requirement for repayment or may require repayment of less than the full amount of the contribution. SOR/82-404, s. 6; SOR/86-718, ss. 18, 24.
29 (1) Where a designated business, an eligible manufacturer or an external or other business requires the services of a qualified consultant, (a) to undertake a feasibility study and to assist in the development of plans for
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 29-30
(i) in the case of an external or other business, its merger with or its acquisition of a business enterprise, or (ii) in the case of an eligible manufacturer or designated business, the establishment of a person to provide purchasing, marketing, training or other services to the eligible manufacturer or designated business, or (b) to implement the plans referred to in paragraph (a),
the Minister may make a contribution to the designated business, eligible manufacturer, external or other business, person or consultant in an amount of not more than 75 per cent of the cost of the services. (2) Notwithstanding subsection (1), where a designated
business, an eligible manufacturer or an external or other business establishes that it is capable of undertaking a feasibility study and of developing plans referred to in that subsection, the feasibility study may be undertaken and the plans developed without the assistance of a qualified consultant. SOR/82-404, s. 7; SOR/86-718, ss. 19, 24.
30 (1) Where (a) a business enterprise submits plans for restructuring of its operations or for making an adjustment in its operations that will enable the business enterprise to adapt to changes in the domestic and external trading environment, and (b) the business entreprise requires a contribution
from the Minister to (i) pay for the costs of the services of a consultant
to prepare plans, (ii) pay for the costs of the services of a consultant
to conduct a comprehensive analysis of the plans referred to in subparagraph (i), (iii) pay for the costs of the services of a consultant
to assist the business enterprise to implement the plans referred to in subparagraph (i), and (iv) pay for the costs of implementing the restructuring or adjustment plan referred to in paragraph (a),
the Minister may make a contribution to the business enterprise in an amount not exceeding
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 30-30.1
(c) 75 per cent of the costs of the services of the consultant referred to in subparagraph (b)(i), (ii) and (iii), and (d) 50 per cent of the direct costs of the acquisition, construction, expansion, modification, installation or conversion of machinery, equipment or buildings in respect of those segments of the restructuring plan that involve either a modernization of the operations of the business enterprise or an adjustment in its operations that will enable the business enterprise to adapt to changes in the domestic and external trading environment, where such direct costs will be not less than $50,000. (2) Notwithstanding subsection (1), where a business enterprise establishes that it is capable of undertaking a comprehensive analysis and of developing plans referred to in that subsection, the comprehensive analysis may be undertaken and the plans developed without the assistance of a qualified consultant. SOR/82-404, s. 7; SOR/82-643, s. 15; SOR/85-411, s. 1; SOR/86-718, ss. 20, 24.
30.1 (1) Where (a) a person submits plans for the establishment of a new business enterprise, and (b) in the opinion of the Minister, the person requires
a contribution from the Minister to (i) pay for the costs of the services of a consultant
to prepare plans, (ii) pay for the costs of the services of a consultant
to conduct a comprehensive analysis of the plans referred to in subparagraph (i), (iii) pay for the costs of the services of a consultant
to assist the business enterprise to implement the plans referred to in subparagraph (i), and (iv) pay for the costs of establishing a new business
enterprise, the Minister may make a contribution to the person in an amount not exceeding (c) 75 per cent of the costs of the services of the consultant referred to in subparagraphs (b)(i), (ii) and (iii), and (d) 50 per cent of the direct costs of the acquisition, construction, installation of machinery, equipment or buildings in respect of the establishment of the new business enterprise.
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 30.1-32
(2) Notwithstanding subsection (1), where a person establishes that the person is capable of undertaking a comprehensive analysis and of developing plans referred to in that subsection, the comprehensive analysis may be undertaken and the plans developed without the assistance of a qualified consultant. SOR/82-643, s. 16; SOR/85-411, s. 2; SOR/86-718, ss. 21, 24.
31 (1) Where (a) a business enterprise submits plans that were developed with the assistance of a qualified consultant and that are based on a feasibility study made with the assistance of a qualified consultant for the establishment of a person to provide purchasing, marketing, training and other services to the business enterprise and at least one other business enterprise, and (b) the business enterprise requires a contribution to implement the plans referred to in paragraph (a),
the Minister may make a contribution to the person (c) in an amount not exceeding $20,000 in respect of the costs of its incorporation, (d) in each of the first three years following the establishment of the person, in an amount not exceeding the lesser of (i) 50 per cent, 33 1/3 per cent, and 25 per cent respectively of the general and operating expenses approved by the Minister, and (ii) $150,000, and (e) in an amount not exceeding 25 per cent of the direct costs of the acquisition, construction, expansion, modification, installation or conversion of machinery, equipment or buildings where such direct costs will be not less than $50,000.
(2) Notwithstanding subsection (1), where a business enterprise establishes that it is capable of undertaking a feasibility study and of developing plans referred to in that subsection, the feasibility study may be undertaken and the plans developed without the assistance of a qualified consultant. SOR/82-643, s. 17; SOR/86-718, ss. 22, 24.
32 Where the services of a qualified consultant are required by a person to undertake a comprehensive analysis of a designated community to develop satisfactory plans
Current to June 20, 2022
Canadian Industrial Renewal Regulations PART IV Contributions Sections 32-33
(a) for medium to long range industrial development in the designated community, and (b) for effecting improvement in the ability of business enterprises in the designated community (i) to achieve efficient and sustained growth in the
production and trade of Canadian goods and services, or (ii) to adjust to changes in the domestic and external economic environment, the Minister may make a contribution to that person with respect to the costs of the services of the qualified consultant in an amount not to exceed 100 per cent of such costs. SOR/86-718, s. 23; SOR/88-168, s. 1(F).
33 The Minister shall not accept any application after January 31, 1986. SOR/86-190, s. 1; SOR/86-718, s. 24.
Current to June 20, 2022
|
CONSOLIDATION
Crown Waiver Order (Northwest Territories)
SI/90-11
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 Crown Waiver Order (Northwest Territories)
SCHEDULE
Current to June 20, 2022
ii
Registration SI/90-11 February 14, 1990
TERRITORIAL LANDS ACT Crown Waiver Order (Northwest Territories)
P.C. 1990-122
January 25, 1990
Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 13(a) of the Territorial Lands Act, is pleased hereby to order that all that portion of the lands described in the schedule hereto lying within 30.48 metres (100′) of the Ordinary High Water Mark of the Beaufort Sea in the Northwest Territories be included in the sale of the said lands.
Current to June 20, 2022
Crown Waiver Order (Northwest Territories) SCHEDULE
SCHEDULE The whole of Lot numbered 11 in Block numbered 12B in the Hamlet of Tuktoyaktuk in the Northwest Territories, as said lot is shown on a plan of survey of record number 56088 in the Canada Lands Surveys Records at Ottawa, a copy of which is filed in the Land Titles Office for the Northwest Territories Land Registration District at Yellowknife under number 607.
Current to June 20, 2022
|
CONSOLIDATION
Coin-Operated Devices Remission Order
SI/99-21
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 Coin-Operated Devices Remission Order 1
Interpretation
Remission of Goods and Services Tax
Condition
Current to June 20, 2022
ii
Registration SI/99-21 March 17, 1999
FINANCIAL ADMINISTRATION ACT Coin-Operated Devices Remission Order P.C. 1999-326
March 4, 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 National Revenue, pursuant to subsection 23(2)a of the Financial Administration Act, hereby makes the annexed CoinOperated Devices Remission Order.
a
S.C. 1991, c. 24, s. 7(2)
Current to June 20, 2022
Coin-Operated Devices Remission Order
Interpretation 1 The definitions in this section apply in this Order.
Act means the Excise Tax Act. (Loi) eligible period means the period beginning on January 1, 1991 and ending on April 23, 1996. (période admissible) eligible supply means a supply in respect of which the tax payable under Division II of Part IX of the Act would be equal to zero because of subsection 165.1(2) of the Act if that subsection was in effect at the time the supply were made. (fourniture admissible) net tax has the same meaning as in Division V of Part IX of the Act. (taxe nette) person has the meaning assigned by subsection 123(1) of the Act. (personne) registrant means a person who, at any time during the eligible period, was a registrant within the meaning assigned by subsection 123(1) of the Act. (inscrit) reporting period has the meaning assigned by subsection 123(1) of the Act. (période de déclaration)
Remission of Goods and Services Tax 2 Subject to sections 3 to 5, a registrant who, at any time during the eligible period, made eligible supplies is hereby granted, with respect to a reporting period of the registrant beginning in the eligible period, remission of tax payable under Part IX of the Act in respect of eligible supplies made by the registrant, determined by the formula A-B
where A
is the positive or negative amount of the registrant’s net tax for the reporting period; and
B
is the positive or negative amount that would have been the registrant’s net tax for the reporting period
Current to June 20, 2022
Coin-Operated Devices Remission Order Remission of Goods and Services Tax Sections 2-5
if that net tax did not include any amount collected or collectible by the registrant as or on account of tax under Division II of Part IX of the Act in respect of eligible supplies. 3 The amount of the remission under section 2 with respect to a reporting period of the registrant is reduced by the total of all amounts that were collected or collectible by the registrant as or on account of tax under Division II of Part IX of the Act in respect of eligible supplies and that are included in the net tax for the reporting period, or portion of that net tax, that remains unpaid at the time the registrant files an application for remission under section 5, if (a) that net tax is a positive amount; (b) an assessment of that net tax has not been made
under section 296 of the Act before the time at which the registrant files the application; and (c) such assessment cannot, because of section 298 of
the Act, be made at or after that time. 4 Remission of interest and penalties paid by a registrant in respect of any amount for which a remission under section 2 is granted is hereby granted to the registrant.
Condition 5 A remission shall be granted if a registrant files an application in writing for the remission with the Minister of National Revenue not later than two years after the day on which this Order is made, except to the extent to which the amount has otherwise been rebated, credited or remitted to the registrant under the Act or the Financial Administration Act.
Current to June 20, 2022
|
CONSOLIDATION
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
SOR/2021-165
Current to June 20, 2022 Last amended on June 28, 2021
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 28, 2021. 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 28, 2021
TABLE OF PROVISIONS Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Interpretation 1
Definitions
General 2
Code of professional conduct established
Non-application
For greater certainty
Coming into Force *5
S.C. 2018, c. 27, s. 247
SCHEDULE
Code of Professional Conduct for Licensees
Current to June 20, 2022 Last amended on June 20, 2022
ii
Registration SOR/2021-165
June 24, 2021
COLLEGE OF PATENT AGENTS AND TRADEMARK AGENTS ACT Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
The Minister of Industry, pursuant to subsection 33(1) of the College of Patent Agents and Trademark Agents Acta, makes the annexed Code of Professional Conduct for Patent Agents and Trademark Agents Regulations. Ottawa, June 23, 2021
Le ministre d
François-Philipp Minister o
a
S.C. 2018, c. 27, s. 247
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations
Interpretation Definitions 1 The following definitions apply in these Regulations.
Act means the College of Patent Agents and Trademark Agents Act. (Loi) licensee has the same meaning as in section 2 of the Act. (titulaire de permis)
General Code of professional conduct established 2 The Code of Professional Conduct for Licensees set out in the schedule is established for the purpose of subsection 33(1) of the Act.
Non-application 3 The standards of professional conduct and competence described in the schedule do not apply to a licensee to the extent that those standards would conflict with the licensee’s obligations under (a) any federal or provincial statute, regulation or
code of professional conduct; or (b) a code of professional conduct established by a
provincial law society or the Chambre des notaires du Québec. For greater certainty 4 For greater certainty, the standards of professional
conduct and competence described in the schedule (a) include the standards established by the fundamental canon, principles, rules and commentaries set out in the schedule; and (b) are to be interpreted in a manner that is consistent
with the advisory portions of the fundamental canon, principles, rules and commentaries set out in the schedule.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations Coming into Force Section 5
Coming into Force S.C. 2018, c. 27, s. 247 5 These Regulations come into force on the day on which paragraph 76(1)(c) of the College of Patent Agents and Trademark Agents Act come 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 June 28, 2021, see SI/2021-30.]
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
SCHEDULE (Sections 2 to 4)
Code of Professional Conduct for Licensees Definitions 1 The following definitions apply in this schedule.
agency services means services, as described in section 27 or 30 of the Act, that are associated with the representation of a person. (services d’agent) agent means a patent agent or a trademark agent. (agent) CIPO means the Canadian Intellectual Property Office, which includes the Patent Office and the Office of the Registrar of Trademarks. (OPIC) client means a person who consults an agent and on whose behalf the agent provides or agrees to provide representation under section 27 or 30 of the Act or who, having consulted an agent, reasonably concludes that the agent has agreed to provide representation on their behalf. It includes a client of a firm of which the agent is a partner or associate, whether or not the agent handles the client’s work. (client) firm means a sole proprietorship, corporation, partnership, limited liability partnership or professional corporation. (cabinet) person includes an individual and a corporation or other entity. (personne) profession means the profession of patent agent or trademark agent as those terms are defined in section 2 of the Act. (profession)
Fundamental Canon 2 The most important attribute of an agent is integrity. That principle is implicit in this Code and in each of the rules and commentaries set out in it. Irrespective of the possibility of formal sanction under any of the rules in this Code, an agent must at all times conduct themselves with integrity and competence in accordance with the highest standards of the profession in order to retain the trust, respect and confidence of members of the profession and the public.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
PART 1
Competence Principle An agent owes the client a duty to be competent to perform any agency services and must perform all such services undertaken on a client’s behalf to the standard of a competent agent.
Rule 1 1 An agent must not undertake or continue any matter
unless they believe that they are competent to handle it or believe that they could become competent to do so without undue delay, risk or expense to the client and without associating with another agent who is competent to handle the matter. The agent must promptly advise the client whenever the agent reasonably believes that they may not be competent to handle a particular matter. If consulted about such a matter, the agent must (a) decline to act; (b) obtain the client’s consent for the agent to become competent without undue delay, risk or expense to the client; or (c) obtain instructions from the client to retain, consult or collaborate with another agent who is competent to handle the matter.
2 An agent fails to meet standards of professional competence if (a) there are deficiencies in (i) their knowledge, skill or judgment, (ii) their attention to the interests of clients, (iii) the records, systems or procedures of their professional business, or (iv) any other aspects of their professional business; and (b) the deficiencies referred to in paragraph (a) give
rise to a reasonable apprehension that the quality of service they provide to clients may be adversely affected.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
3 An agent must assume complete professional responsibility for all agency services that they provide and maintain direct supervision over staff and assistants such as agents in training, students, clerks and legal assistants to whom they may delegate particular tasks and functions. 4 An agent must maintain appropriate office procedures
and systems, including systems for meeting the requirements for all deadlines arising from client matters and for handling and maintaining client affairs without prejudicing them. 5 An agent must keep abreast of developments in the
branches of law relating to the agent’s practice by engaging in study and education. In addition, an agent must keep abreast of developments in the law relating to patent agent privilege and trademark agent privilege. COMMENTARY An agent is held out as knowledgeable, skilled and capable in the subject matter of their agency. Accordingly, the client is entitled to assume that the agent has the ability and capacity to deal adequately with all agency matters to be undertaken on the client’s behalf. Competence of an agent is founded upon both ethical and applicable legal principles. Competence involves more than an understanding of agency legal principles. It involves an adequate knowledge of the practice and procedures by which such principles can be effectively applied. To ensure that they have that knowledge, the agent must keep abreast of developments in all areas of intellectual property law and practice in which the agent practises. This rule does not require a standard of perfection. An error or omission, even though it might be actionable for damages in negligence, professional fault or contract, will not necessarily constitute a failure to maintain the standard of professional competence described by the rule. However, evidence of gross neglect in a particular matter, or a pattern of neglect or mistakes in different matters, may be evidence of such a failure, regardless of tort or extracontractual civil liability. While damages may be awarded for negligence, incompetence can give rise to the additional sanction of disciplinary action. In deciding whether the agent has employed the requisite degree of knowledge and skill in a particular matter, relevant factors that are to be taken into account are
(a)
the complexity and specialized nature of the matter;
(b)
the agent’s general experience;
(c)
the agent’s training and experience in the technical field and applicable patent and trademark law;
(d)
the preparation and study that the agent was able to dedicate to the matter; and
(e)
whether it would have been appropriate or feasible to refer the matter to, or associate or consult with, an agent of established competence in the field in question.
An agent who practises alone or operates a branch office or a parttime office must ensure that all matters requiring an agent’s professional skill and judgment are dealt with directly by an agent qualified to do the work.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
PART 2
Confidentiality Principle An agent has a duty to preserve the confidences and secrets of their clients.
Rule 2 1 An agent must hold in strict confidence all information
concerning the business and affairs of the client acquired in the course of the professional relationship and must not disclose such information unless the disclosure is expressly or impliedly authorized by the client, required by law or by order of a court or otherwise permitted or required by this Code. COMMENTARY In order to facilitate open communication between client and agent, it is important that the client feel completely secure that such communication will be held in strict confidence by the agent. This rule must be distinguished from the statutory rule of privilege concerning oral or documentary communications between the client and the agent. The ethical rule is wider and applies without regard to the nature or source of the information or the fact that others may have knowledge of the information.
2 An agent must exercise reasonable care to ensure the privacy and confidentiality of such information. COMMENTARY Sole practitioners who practise in association with other agents in cost-sharing, space-sharing or other arrangements must be mindful of the risk of advertent or inadvertent disclosure of confidential information even if the agents institute systems and procedures that are designed to insulate their respective practices. The issue may become more significant if an agent in the association represents a client on the other side of a dispute with the client of another agent in the association. Apart from conflict of interest issues such a situation may raise, the risk of such disclosure may depend on the extent to which the agents’ practices are integrated, physically and administratively, in the association. Generally, unless the nature of the matter requires such disclosure, an agent must not disclose that they have been retained by a person about a particular matter or consulted by a person about a particular matter, whether or not an agent-client relationship has been established between them. An agent must take care to avoid disclosure to one client of confidential information concerning or received from another client and must decline employment that might require such disclosure. In some situations, the authority of the client to disclose may be inferred. For example, it is implied that an agent may, unless the client
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
directs otherwise, disclose the client’s affairs to partners, associates, administrative staff and other individuals in the agent’s firm. But this implied authority to disclose places the agent under a duty to impress upon such individuals the importance of such non-disclosure (both during their employment and afterwards) and requires the agent to take reasonable care to prevent their disclosing or using any information that the agent is bound to keep in confidence.
3 The agent must continue to hold in confidence such information despite conclusion of the matter or termination of the professional relationship with the client. COMMENTARY An agent owes a duty of confidentiality to every client without exception and whether or not the client is a continuing or casual client. The duty survives the professional relationship and continues indefinitely after the agent has ceased to act for the client.
4 An agent must guard against participating in or commenting on speculation concerning the client’s affairs or business, even if certain related facts are public knowledge. 5 An agent must not disclose any confidential information that is disclosed to them concerning a client’s business or affairs regardless of its source, other than facts that are a matter of public record. 6 When disclosure is required by law or by order of a court, the agent must always be careful not to disclose more information than is required. 7 An agent may disclose confidential information to a legal counsel in order to secure legal or ethical advice about the agent’s proposed conduct. 8 An agent may disclose confidential information in order to defend against any allegations, but must not disclose more information than is required, if it is alleged that the agent or the agent’s associates or employees (a) have committed a criminal offence involving a
client’s affairs; (b) are civilly liable with respect to a matter involving
a client’s affairs; (c) have committed acts of professional negligence; or (d) have committed professional misconduct or are
incompetent.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
9 An agent may disclose confidential information in order to establish or collect their fees, but must not disclose more information than is required. 10 An agent may disclose confidential information to the extent reasonably necessary to detect and resolve conflicts of interest arising from the agent’s change of employment or from changes in the composition or ownership of a firm, but only if the information disclosed does not compromise any privileged communication between the agent and their client or otherwise prejudice the client. COMMENTARY As a matter related to clients’ interests in maintaining a relationship with the agent of choice and protecting client confidences, agents in different firms may need to disclose limited information to each other to detect and resolve conflicts of interest, such as when an agent is considering an association with another firm, two or more firms are considering a merger or an agent is considering the purchase of a firm. In these situations (see subsection 7(1) of Part 3), this section permits agents and firms to disclose limited information. That type of disclosure would only be made once substantive discussions regarding the new relationship have taken place. The exchange of information between the firms needs to be carried out in a manner consistent with the obligations of the transferring agent and of the new firm to protect client confidentiality and privileged information and avoid any prejudice to the client. It ordinarily would include no more than the names of the persons involved in a matter or matters. Depending on the circumstances, it may include a brief summary of the general issues involved and information about whether the representation has come to an end. The disclosure should be made to as few agents at the new firm as possible, ideally to just one agent of the new firm such as a designated conflicts agent. The information must always be disclosed only to the extent reasonably necessary in order to detect and resolve conflicts of interest that might arise from the possible new relationship. As the disclosure is made on the basis that it is solely for the purpose of checking conflicts when agents are transferring between firms and for establishing confidentiality screens, the disclosure must be accompanied by an undertaking by the new firm to the former firm that it
(a)
will limit access to the disclosed information;
(b)
will not use the information for any purpose other than detecting and resolving conflicts; and
(c)
will return, destroy or store in a secure and confidential manner the information provided once appropriate confidentiality screens are established.
The client’s consent to disclosure of such information may be specifically addressed in a retainer agreement between the agent and the client. However, in some circumstances, because of the nature of the retainer, the transferring agent and the new firm may be required to obtain the consent of clients to the disclosure or the disclosure of any other information about the clients. That is especially the case if disclosure would compromise privilege or otherwise prejudice the client (for example, disclosure of the fact that a corporate client is seeking due diligence advice relating to a corporate takeover that has not yet been publicly announced).
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
11 An agent may disclose confidential information, but must not disclose more information than is required, when they believe on reasonable grounds that there is an imminent risk of death or serious bodily harm to any individual and the disclosure is necessary in order to prevent it. 12 An agent also owes a duty of confidentiality to any
person seeking advice or assistance on a matter invoking the agent’s professional knowledge, even if the agent does not render an account or agree to represent that person. An agent and client relationship is often established without formality. An agent must be cautious in accepting confidential information on an informal or preliminary basis, since possession of the information may prevent the agent from subsequently acting for another party in the same matter or a related matter (see Part 3).
PART 3
Conflicts Principle In each matter, an agent’s judgment and loyalty to the client’s interest must be free from compromising influences.
Rule 3 Conflicts of Interest 1 An agent must not act for a person if there is a substantial risk that the agent’s loyalty to or representation of that person would be materially and adversely affected by the agent’s own interest or the agent’s duties to another client, a former client or any other person (referred to in this Code as a “conflict of interest”), except as permitted under this Code. COMMENTARY As described in this Code, a conflict of interest exists if there is a substantial risk that an agent’s loyalty to or representation of a client would be materially and adversely affected by the agent’s own interest or the agent’s duties to another client, a former client or any other person. The risk must be more than a mere possibility. There must be a genuine, serious risk to the duty of loyalty or to client representation arising from the retainer. A client’s interests may be seriously prejudiced unless the agent’s judgment and freedom of action on the client’s behalf are as free as possible from conflicts of interest.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
A client must be assured of the agent’s undivided loyalty, free from any material impairment of the agent-client relationship. The relationship may be irreparably damaged if the agent’s representation of one client is directly adverse to another client’s immediate legal interests. A client may legitimately fear that the agent will not pursue the representation out of deference to the other client and an existing client may legitimately feel betrayed by the agent’s representation of a client with adverse interests. The prohibition on acting in such circumstances except with the consent of the clients guards against such outcomes and protects the agent-client relationship. An agent has a duty of commitment to the client that prevents them from summarily and unexpectedly dropping a client to circumvent conflict of interest rules. A client may legitimately feel betrayed if an agent ceases to act for the client to avoid a conflict of interest. An agent must examine whether a conflict of interest exists not only from the outset but throughout the duration of a mandate because new circumstances or information may establish or reveal a conflict of interest. Accordingly, factors for the agent’s consideration in determining whether a conflict of interest exists include
(a)
the immediacy of the clients’ interests;
(b)
whether the clients’ interests are directly adverse;
(c)
the temporal relationship between the matters;
(d)
the significance of the issue to the immediate and longterm interests of the clients involved; and
(e)
the clients’ reasonable expectations in retaining the agent for the particular matter or representation.
The following are examples of conflicts of interest:
(a)
an agent acting against a person in one matter while representing that person in some other matter;
(b)
an agent, an associate, a firm partner or a family member having a personal financial interest in a client’s affairs or in a matter in which the agent is requested to act for a client such as a partnership interest in a joint business venture with a client;
NOTE: An agent who owns a small number of shares of a publicly traded corporation would not necessarily have a conflict of interest in acting for the corporation because the ownership of those shares may have no adverse influence on the agent’s judgment or loyalty to the client.
(c)
an agent having a sexual or close personal relationship with a client;
NOTE: Such a relationship may conflict with the agent’s duty to provide objective, disinterested professional advice to the client. The relationship may obscure whether certain information was acquired in the course of the agent-client relationship and may jeopardize the client’s right to have all information concerning their affairs held in strict confidence. The relationship may in some circumstances permit exploitation of the client by their agent. If the agent is a member of a firm and concludes that a conflict exists, the conflict is not imputed to the agent’s firm and would be cured if another agent in the firm who is not involved in such a relationship with the client were to handle the client’s work.
(d)
an agent or their firm acting for a public or private corporation and serving as a director of the corporation; and
NOTE: Those two roles may result in a conflict of interest or other problems because they may affect the agent’s independent judgment
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
and fiduciary obligations or obligations of loyalty and good faith in either role or both roles, obscure whether advice is given in one role or the other and disqualify the agent or the firm from acting for the corporation.
(e)
sole practitioners practising with other agents in cost-sharing or other arrangements and representing clients on opposite sides of a dispute.
NOTE: The fact or the appearance of such a conflict may depend on the extent to which the agents’ practices are integrated, physically and administratively.
Conflicts of Interest Exception 2 (1) An agent must not represent a client in a matter if
there is a conflict of interest unless there is express or implied consent from all affected clients and the agent reasonably believes that they are able to represent each client without having a material adverse effect upon the representation of or loyalty to the other client. (2) Express consent must be fully informed and voluntary and given after disclosure of the conflict of interest. (3) If consent is not given in writing, the following elements must be present in order for consent to be implied: (a) the client is a government entity, a financial institution, a publicly traded entity or other similar entity or an entity with in-house legal counsel; (b) the matters are unrelated; (c) the agent has no relevant confidential information from one client that might reasonably affect the other; and (d) the client has consented to agents acting for and against it in unrelated matters. COMMENTARY Disclosure and Consent Disclosure is an essential requirement for obtaining a client’s consent. When it is not possible to provide the client with adequate disclosure because of the confidentiality of the information of another client, the agent must decline to act. Disclosure means full and fair disclosure of all information relevant to a person’s decision in sufficient time for the person to make a genuine and independent decision and the taking of reasonable steps to ensure that the client understands the matters disclosed. The agent must therefore inform the client of the relevant circumstances and
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
the reasonably foreseeable ways that the conflict of interest could adversely affect the client’s interests, including the agent’s relationships with the parties and any interest in or connection with the matter. While this rule does not require that an agent advise a client to obtain independent legal advice about the conflict of interest, the agent must recommend such advice in some cases to ensure that the client’s consent is informed, genuine and uncoerced, especially if the client is vulnerable or not sophisticated. Following the required disclosure, the client can decide whether to give their consent. As important as it is to the client that the agent’s judgment and freedom of action on the client’s behalf not be subject to other interests, duties or obligations, in practice that factor may not always be decisive. Instead, it may be only one of several factors that the client will weigh when deciding whether to give the consent referred to in the rule. Other factors may include, for example, the availability of another agent of comparable expertise and experience, the stage that the matter or proceeding has reached, the extra cost, delay and inconvenience involved in engaging another agent and that agent’s lack of familiarity with the client and the client’s affairs. Consent in Advance An agent may be able to request that a client consent in advance to conflicts of interest that might arise in the future. As the effectiveness of such consent is generally determined by the extent to which the client reasonably understands the material risk that the consent entails, the more comprehensive the explanation of the types of future representations that might arise and the actual and reasonably foreseeable adverse consequences of those representations, the greater the likelihood that the client will have the requisite understanding. A general, open-ended consent will ordinarily be ineffective because it is not reasonably likely that the client will have understood the material risks involved. If the client is an experienced user of the agency services involved and is reasonably informed regarding the risk that a conflict of interest may arise, such consent is more likely to be effective, particularly if, for example, the client is independently represented by legal counsel in giving consent and the consent is limited to future conflicts unrelated to the subject of the representation. While not a prerequisite to advance consent, in some circumstances it may be advisable to recommend that the client obtain independent legal advice before deciding whether to provide consent. Advance consent must be recorded, for example in a retainer letter. Implied Consent In some cases consent may be implied rather than expressly granted. The concept of implied consent is applicable in exceptional cases only. Governments, chartered banks and entities that might be considered sophisticated consumers of agency services may accept that agents may act against them in unrelated matters if there is no danger of misuse of confidential information. The more sophisticated the client as a consumer of agency services, the more likely that an inference of consent can be drawn. The mere nature of the client is not, however, a sufficient basis upon which to assume implied consent. The matters must be unrelated, the agent must not possess confidential information from one client that could affect the agent’s representation of the other client and there must be a reasonable basis to conclude that the client has accepted that agents may act against it in such circumstances.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
Dispute 3 Despite section 2, an agent must not provide representation to opposing parties in a dispute. COMMENTARY In a dispute, the immediate legal interests of the opposing parties are clearly adverse. If an agent were permitted to act for opposing parties in a dispute, even with their consent, the agent’s advice, judgment and loyalty to one client would be materially and adversely affected by the same duties to the other client or clients.
Concurrent Representation 4 When there is no dispute among the clients about the
matter that is the subject of the proposed representation, two or more agents in a firm may act for current clients with competing interests and may treat information received from each client as confidential and not disclose it to other clients, if (a) the risks of the agents acting in that manner have
been disclosed to each client; (b) they have recommended to each client that they obtain independent legal advice, including legal advice with respect to the risks of concurrent representation; (c) the clients each determine that it is in their best
interests that the agents act in that manner and consent to the concurrent representation; (d) each client is represented by a different agent in
the firm; (e) appropriate screening mechanisms are in place to
protect confidential information; and (f) all agents in the firm withdraw from the representation of all clients in respect of the matter if a dispute arises among the clients and cannot be resolved. COMMENTARY This rule provides guidance on concurrent representation, which is permitted in limited circumstances. Concurrent representation is not contrary to the rule prohibiting representation when there is a conflict of interest if the clients are fully informed of the risks and understand that, if a dispute arises among the clients that cannot be resolved, the agents may have to withdraw, which could result in potential additional costs. The basis for the advice described in the rule from both the agents involved in the concurrent representation and those giving the required independent legal advice is whether concurrent representation is in the best interests of the clients. Even if all clients consent, the agents must not accept a concurrent retainer if the matter is one in which one of the clients is less sophisticated or more vulnerable than another. In cases of concurrent representation agents must employ, as applicable, the reasonable screening measures to ensure non-disclosure of
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
confidential information within the firm set out in the rule on conflicts arising from transfer between firms (see section 7).
Joint Representation 5 (1) Before an agent acts in a matter or transaction for
more than one client, the agent must advise each of the clients that (a) the agent has been asked to act for all of them; (b) no information received in connection with the matter or transaction from one client can be treated as confidential so far as any of the others are concerned unless the clients instruct otherwise; and (c) if a conflict develops and cannot be resolved, the
agent cannot continue to act for all of them and may have to withdraw completely from the matter or transaction. COMMENTARY Although this rule does not require that an agent advise clients to obtain independent legal advice before the agent accepts a joint retainer, in some cases, the agent must recommend seeking such advice in order to ensure that the clients’ consent to the joint retainer is informed, genuine and uncoerced, especially when one of the clients is less sophisticated or more vulnerable than another.
(2) If an agent has a continuing relationship with a client for whom the agent acts regularly, before the agent accepts a joint retainer for that client and another client in a matter or transaction, the agent must advise that other client of the continuing relationship with the first client and recommend that the other client obtain independent legal advice with respect to the joint retainer. (3) When an agent has advised the clients as required by
subsections (1) and (2) and the parties are content to have the agent act for them, the agent must obtain their consent and confirm that consent in a separate written communication to each client. COMMENTARY Even when all parties concerned consent, an agent must avoid acting for more than one client when it is likely that a contentious issue will arise between them or that their interests, rights or obligations will diverge as the matter progresses.
(4) Except as provided in subsection (5), if a contentious
issue arises between clients who have consented to a joint retainer
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
(a) the agent must not advise them on the contentious
issue and must (i) refer the clients to other agents or to legal counsel, or (ii) advise the clients of their option to settle the contentious issue by direct negotiation in which the agent does not participate and recommend that the clients each obtain independent legal advice, and (b) the agent must withdraw from the joint representation if the contentious issue is not resolved. COMMENTARY If, after the clients have consented to a joint retainer, a contentious issue arises between them or between some of them, the agent is not necessarily precluded from advising them on non-contentious matters.
(5) If clients consent to a joint retainer and agree that if a contentious issue arises the agent may continue to advise one of them, the agent may advise that client about the contentious matter and must refer the other clients to another agent. COMMENTARY This rule does not relieve the agent of the obligation to obtain the consent of the clients when the contentious issue arises if there is or is likely to be a conflict of interest or if the representation on the contentious issue requires the agent to act against one of the clients. When entering into a joint retainer, the agent must stipulate that if a contentious issue arises the agent will be compelled to cease acting altogether unless, at the time the contentious issue arises, all parties consent to the agent’s continuing to represent one of them. However, consent given before the fact may be ineffective since the party granting the consent will not at the time of their consent be in possession of all the relevant information.
Acting Against Former Clients 6 (1) Unless the former client consents, an agent who
has acted in a matter for that client must not act against them in (a) the same matter; (b) any related matter; or (c) any other matter, if the agent has relevant confidential information arising from the representation of the former client that may prejudice that client. COMMENTARY This rule prohibits an agent from attacking the work done during the retainer or from undermining the client’s position on a matter that was central to the retainer. It is not improper for an agent to act against a former client in a fresh and independent matter wholly
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
unrelated to any work the agent has previously done for that client if previously obtained confidential information is not relevant for that matter.
(2) When an agent has acted for a former client and obtained confidential information relevant to a new matter, another agent in the agent’s firm may act in the new matter against the former client if (a) the former client consents to the other agent acting in the new matter; or (b) the firm has (i) taken reasonable measures to ensure that there
will be no disclosure of the former client’s confidential information by the agent to any other agent, any other member or employee of the firm or any other person whose services the agent or the firm has retained in the new matter, and (ii) advised the agent’s former client, if requested by the client in the new matter, of the measures taken.
Conflicts Arising from Transfer Between Firms 7 (1) Subsections (2) to (4) apply when an agent transfers from one firm (“former firm”) to another (“new firm”) and the transferring agent or the new firm is aware at the time of the transfer or later discovers that (a) it is reasonable to believe that the transferring
agent has confidential information relevant to the new firm’s matter for its client; or (b) the new firm represents a client in the same matter or in a related matter in which the former firm represents its client (“former client”), the interests of those clients in that matter conflict and the transferring agent actually possesses relevant information respecting that matter. COMMENTARY The purpose of this rule is to deal with actual knowledge. Imputed knowledge does not give rise to disqualification. This rule treats as one firm such entities as a corporation with separate regional intellectual property departments and an interprovincial or international firm. The more autonomous each unit or office is, the easier it should be, in the event of a conflict, for the new firm to obtain the former client’s consent or to establish that it is in the public interest that the new firm continue to represent the client in the matter.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
(2) If the transferring agent actually possesses confidential information relevant to a matter respecting the former client that may prejudice the former client if disclosed to a member of the new firm, the new firm must cease representing its client in that same matter unless (a) the former client consents to the new firm’s continued representation of its client in that matter; or (b) the new firm has (i) taken reasonable measures to ensure that there
will be no disclosure of the former client’s confidential information by the transferring agent to any member of the new firm, and (ii) advised the agent’s former client, if requested by its client, of the measures taken. COMMENTARY It is not possible to offer a set of reasonable measures that will be appropriate or adequate in every case. Instead, the new firm that seeks to implement reasonable measures must exercise professional judgment in determining what steps must be taken in order to ensure that no disclosure will occur to any member of the new firm of the former client’s confidential information. Such measures may include timely and properly constructed confidentiality screens. For example, the intellectual property services units of a government, a corporation with separate regional legal departments or an interprovincial or international law firm or agency firm may be able to demonstrate that, because of its institutional structure, reporting relationships and function and the nature of its work and geography, relatively fewer measures are necessary to ensure the non-disclosure of client confidences. If it can be shown that, because of factors such as the foregoing ones, agents in separate units, offices or departments do not work together with other agents in other units, offices or departments, that will be taken into account in the determination of what screening measures are considered to be reasonable. The guidelines that follow are intended as a checklist of relevant factors to be considered. Adoption of only some of the guidelines may be adequate in some cases, while adoption of them all may not be sufficient in others. Guidelines on How to Screen for Conflicts of Interest and Measures to be Taken The screened agent must have no involvement in the new firm’s representation of its client in the matter. The screened agent must not discuss the current matter or any information relating to the representation of the former client — the two may be identical — with anyone else in the new firm. No member of the new firm should discuss the current matter or the representation of the former client with the screened agent. The firm must take steps to preclude the screened agent from having access to any part of the file. The new firm must document the measures for screening the transferring agent and the time when they were put in place — which should be done as soon as possible — and must advise all affected agents and support staff of the measures taken. These Guidelines apply, with the necessary modifications, to situations in which a non-agent staff member leaves one firm to work for another and a determination is made by the new firm, before hiring that individual, as to whether any conflicts of interest will be created
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
and whether they actually possesses relevant confidential information. How to Determine if a Conflict Exists Before Hiring a Potential Transferee When a firm of agents, or a firm of agents and legal counsel (“new firm”), considers hiring an agent or agent in training (“transferring agent”) from another firm of agents, or another firm of agents and legal counsel, (“former firm”), the transferring agent and the new firm need to determine, before the transfer, whether any conflicts of interest will be created. Conflicts can arise with respect to clients of the firm that the transferring agent is leaving and with respect to clients of a firm in which the transferring agent worked at some earlier time. After completing the interview process and before hiring the transferring agent, the new firm must determine whether any conflicts exist. In determining whether the transferring agent actually possesses relevant confidential information, both the transferring agent and the new firm must be very careful during any interview of a potential transferring agent or during any other recruitment process to ensure that they do not disclose client confidences. See section 10 of Part 2 which provides that an agent may disclose confidential information to the extent the agent reasonably believes necessary to detect and resolve conflicts of interest when agents transfer between firms. An agent’s duty to their firm may also govern the agent’s conduct when exploring an association with another firm and is beyond the scope of this Code.
(3) Subject to section 10 of Part 2 and unless the former client consents, (a) a transferring agent referred to in subsection (2)
must not participate in any manner in the new firm’s representation of its client in the matter or disclose any confidential information respecting the former client; and (b) members of the new firm must not discuss the new firm’s representation of its client or the former firm’s representation of the former client in that matter with a transferring agent. (4) An agent must exercise due diligence in ensuring that every member and employee of their firm and every other person whose services the agent has retained (a) complies with subsections (1) to (3); and
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
(b) does not disclose confidential information of
clients of the firm and of any other firm in which the person has worked. COMMENTARY Agents and Support Staff Subsection (4) is intended to regulate agents and agents in training who transfer between firms. It also imposes a general duty on agents to exercise due diligence in the supervision of staff in order to ensure that they comply with the rule and with the duty not to disclose confidences of clients of the agents’ firm and confidences of clients of other firms in which the staff member has worked. Certain non-agent staff members in a firm routinely have full access to and work extensively on client files. As such, they may possess confidential information about the client. If these staff members move from one firm to another and the new firm acts for a client opposed in interest to the client on whose files the staff members worked, unless measures are taken to screen the staff members, it is reasonable to conclude that confidential information may be shared. It is the responsibility of the agent and the firm to ensure that staff members — who may have confidential information that, if disclosed, could prejudice the interests of the client of the former firm — have no involvement with and no access to information relating to the relevant client of the new firm. COMMENTARY The duties imposed by section 7 concerning confidential information must be distinguished from the general ethical duty to hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship, which duty applies without regard to the nature or source of the information or to the fact that other persons may share the knowledge.
Business Transactions with Clients 8 (1) Subject to subsections (2) and (3), an agent must
not enter into a business transaction with a client or knowingly give to a client or acquire from a client, directly or indirectly, ownership of, or a security or other monetary interest in, an intellectual property right that is the subject of the agent’s professional advice unless (a) the transaction is a fair and reasonable one and its
terms are fully disclosed to the client in writing in a manner that can be reasonably understood by the client; (b) the client has obtained independent legal advice about the transaction or has expressly waived the right to independent legal advice, with the onus being on the agent to prove that the client’s interests were protected by that independent legal advice; and (c) the client consents in writing to the transaction. COMMENTARY
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
The agent cannot act where the business transaction is one in which there is a substantial risk that the agent’s loyalty to or representation of the client would be materially and adversely affected by the agent’s own interest, unless the client consents and the agent reasonably believes that they are able to act for the client without having a material adverse effect on loyalty or the representation. If the agent chooses not to disclose the conflicting interest (that is, the agent’s own interest) or cannot do so without breaching confidence, the agent must decline the retainer. An agent must not uncritically accept a client’s decision to have the agent act. It should be borne in mind that, if the agent accepts the retainer, the agent’s first duty will be to the client. If the agent has any misgivings about being able to place the client’s interests first, the retainer must be declined.
(2) If an agent has been retained to prepare or to provide services relating to a patent application and the agent conceives an improvement or modification to an invention or a portion of an invention to be claimed in the application, such that the agent reasonably believes that they are a co-inventor and proposes to list themselves as a co-inventor, the agent must advise the client to obtain independent professional advice as to (a) whether or not naming the agent as a co-inventor is appropriate and justified; and (b) whether a new agent should be retained to prosecute the application. (3) When an agent has been retained to provide services
relating to a trademark application and the agent is responsible for or contributes substantially to the creation of the trademark, the agent must advise the client to obtain independent professional advice as to (a) whether or not the agent is entitled to any intellectual property right related to the trademark; and (b) whether a new agent should be retained to prosecute the application.
(4) When a client intends to pay for agency services by
transferring to the agent a share, participation or interest or right in property or in an enterprise other than a nonmaterial interest or right in a publicly traded enterprise, the agent must recommend that the client obtain independent legal advice before accepting a retainer. COMMENTARY The remuneration paid to an agent by a client for agency work undertaken by the agent for the client does not give rise to a conflicting interest.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
PART 4
Quality of Service Principle An agent must be both honest and candid when advising a client and must inform the client of all information known to the agent that may affect the interests of the client in the matter.
Rule 4 1 The agent must give the client competent advice and
service based on a sufficient knowledge of the relevant facts, an adequate consideration of the applicable law and the agent’s own experience and expertise. 2 The agent’s advice must be open and transparent and
must clearly disclose what the agent honestly thinks about the merits of the matter at issue and the likely results. COMMENTARY Occasionally, an agent must be firm with a client. Firmness, without rudeness, is not a violation of the rule. In communicating with the client, the agent may disagree with the client’s perspective or may have concerns about the client’s position on a matter and may give advice that will not please the client, which may legitimately require firm and animated discussion with the client. The agent must not keep the client in the dark about matters they know to be relevant to the retainer.
3 If it becomes apparent to the agent that the client has misunderstood or misconceived the agent’s position or what is really involved, the agent must use reasonable efforts to explain their advice and recommendations to the client. COMMENTARY An agent has a duty to communicate effectively with the client. What is effective will vary depending on the nature of the retainer, the needs and sophistication of the client and the need for the client to make fully informed decisions and provide instructions.
4 An agent must act on the client’s instructions in a reasonably prompt manner and must reply to all of the client’s inquiries. 5 An agent must take reasonable steps to advise the client of the cost of seeking or obtaining intellectual property protection, on the recommendation of the agent, in Canada or elsewhere. COMMENTARY An agent must provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees and disbursements as is reasonable and practical in the circumstances, including the basis on which fees will be
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
determined. An agent must confirm with the client in writing the substance of all fee discussions that occur as a matter progresses and an agent may subsequently revise an initial estimate of fees and disbursements.
6 An agent must communicate in a timely and effective
manner at all stages of the client’s matter or transaction. COMMENTARY The requirement to provide conscientious, diligent and efficient service means that an agent must make every effort to provide timely service to the client. An agent must meet all deadlines, unless the agent is able to offer a reasonable explanation for not doing so, and ensure that there will be no prejudice to the client as a result. Whether or not a specific deadline applies, an agent must be prompt in prosecuting a matter, responding to communications and reporting developments to the client. In the absence of developments, contact with the client must be maintained to the extent the client reasonably expects.
7 An agent must not undertake to act for a client if they
are not comfortable, for justifiable reasons, with undertaking the requested task or work for that particular client or disagree with the instructions from the client to such an extent that the instructions would impair the agent’s ability to perform their services in accordance with this Code. 8 An agent must inform the client in a reasonably prompt manner of any material error or omission that has been made with respect to the client’s matter. COMMENTARY If, in connection with a matter for which an agent is responsible, the agent discovers an error or omission that is or may be damaging to the client and that cannot be readily rectified, the agent must
(a)
promptly inform the client of the error or omission without admitting legal liability;
(b)
recommend that the client obtain independent professional or legal advice concerning the matter; and
(c)
advise the client of the possibility that, in the circumstances, the agent may no longer be able to continue to act for the client.
PART 5
Fees Principle An agent owes a duty of fairness and reasonableness in their financial dealings with the client.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
Rule 5 1 An agent must not charge or accept any fee or recover
any disbursement, including interest, that is not fair and reasonable and is not disclosed fully and in a timely manner to the client. 2 An agent may enter into a written agreement that provides that their fee is contingent, in whole or in part, on the outcome of the matter for which their services are to be provided. 3 An agent must not appropriate any funds under their
control for or on account of fees without the authority of the client except as permitted by this Part. Money held by an agent to the credit of a client may not be applied to fees payable by the client unless the agent has rendered an account to the client. 4 An agent must not permit a non-agent to fix any fee
that is to be charged to a client unless that person uses a fee schedule that has been set by the agent. 5 In any statement of account that is provided to a
client, an agent must separately and clearly detail all fees and disbursements and must not show as a disbursement to a third party any amount that has not been paid to the third party. 6 If the client consents, fees for any matter may be shared by the agent with another agent or a legal counsel who is not a partner or associate in the same firm as the agent if the fees are divided in proportion to the work done and the responsibilities assumed. 7 If an agent refers a matter to another agent or professional because of their expertise and ability to handle the matter, and the referral is not made because of a conflict of interest, the referring agent may accept, and the other agent may pay, a referral fee if (a) the fee is reasonable and does not increase the total amount of the fee charged to the client; and (b) the client is informed of and consents to the payment of that referral fee.
8 If an agent requires payment prior to commencing the
client’s work, the agent must confirm with the client in writing the amount and purpose of the payment and the consequences of any delay in making the payment and in
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
the commencement of the work, including any possible loss of rights. COMMENTARY The factors that may be taken into account in determining that the amount of an account represents a fair and reasonable fee in a given case include the following:
(a)
the time and effort required and expended;
(b)
the nature of the matter, including its difficulty and urgency, its importance to the client, its monetary value and any other special circumstances such as postponement of payment and the uncertainty of reward;
(c)
whether any special skill or service has been required and provided;
(d)
the results obtained;
(e)
the customary fees charged by other agents of equal standing in the same locality in similar matters and circumstances;
(f)
the likelihood, if made known to the client by the agent, that the agent’s acceptance of the retainer will result in their inability to accept other work;
(g)
any relevant agreement between the agent and the client;
(h)
the experience and ability of the agent;
(i)
any estimate or range of fees provided to the client by the agent;
(j)
whether the fee is contingent on the outcome of the matter;
(k)
whether the client has previously consented to the fee; and
(l)
the direct costs incurred by the agent in providing the services.
For greater clarity, nothing in this provision restricts an agent’s ability to provide discounted or low-cost services. An agent must provide to the client in writing, before or within a reasonable time after commencing a representation, as much information regarding fees, disbursements and interest as is reasonable and practical in the circumstances, including the basis on which fees will be determined. An agent must be ready to explain the basis of fees charged and disbursements recovered from the client. If something unusual or unforeseen occurs that may substantially affect the amount of a fee or disbursement, the agent must give the client a prompt explanation. With respect to contingency fees (see paragraph (j) above), although an agent is generally permitted to terminate their professional relationship with a client and withdraw their services under this Code (see Part 6), special circumstances apply when the representation is carried out in accordance with a contingency agreement. In such circumstances, the agent has impliedly undertaken the risk of not being paid in the event that the representation is not successful. Accordingly, an agent may not withdraw from the representation of the client for reasons set out in paragraph 2(a) of Part 6 in relation to fees unless the written contingency agreement specifically provides that the agent has the right to do so and sets out the circumstances in which that right arises.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
PART 6
Withdrawal of Services Principle An agent must not withdraw from the representation of a client except for good cause and on reasonable notice to the client.
Rule 6 1 An agent must withdraw from a matter if (a) the client persists in instructing the agent to act in a manner that is contrary to professional ethics; (b) the client persists in giving instructions that the
agent knows will result in the agent’s assisting the client to commit a crime or fraud; (c) the agent is unable to act competently or with reasonable promptness; or (d) the agent’s continued service to the client would
violate the agent’s obligations with respect to any conflict of interest.
2 An agent may withdraw when withdrawal is justified
by the circumstances. Circumstances that may justify, but not require, withdrawal include the following: (a) the client fails after reasonable notice to provide funds on account of fees or disbursements in accordance with the agent’s reasonable request; (b) the client’s conduct in the matter is dishonourable
or motivated primarily by malice; (c) the client is persistently unreasonable or uncooperative and makes it unreasonably difficult for the agent to provide services effectively; (d) the agent is unable to locate the client or to obtain
proper instructions from them; (e) there is a serious loss of confidence between the agent and the client; and (f) the agent is unable to continue with their practice or retires from practice.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
3 An agent may withdraw with the client’s consent. 4 If an agent withdraws or is discharged from a matter, the agent must endeavour to avoid foreseeable prejudice to the client and must also cooperate with a successor agent if one is appointed. 5 If an agent withdraws or is discharged from a matter
and is in receipt of an official communication on the matter to which a response must be filed in order to avoid abandonment of the matter, the agent must endeavour to report the official communication in a timely manner to the former client in order to avoid prejudice to that client and to permit them to take appropriate steps to safeguard their rights in the matter. 6 On withdrawal or discharge, an agent must promptly
render a final account and must account to the client for all money and property received from the client. 7 Before agreeing to represent a client in a matter, a successor agent must be satisfied that the former agent has withdrawn from or has been discharged by the client in the matter. COMMENTARY An essential element of reasonable notice is notification to the client unless the client cannot be located after reasonable efforts are made. No hard and fast rules can be laid down as to what constitutes reasonable notice before withdrawal and how quickly an agent may cease acting after notification will depend on all relevant circumstances. The governing principle is that the agent must protect the client’s interests to the best of the agent’s ability and must not desert the client at a critical stage of a matter or at a time when withdrawal would put the client in a position of disadvantage. As a general rule, the client must be given sufficient time to retain and instruct a replacement agent, including filing an appointment of agent in the relevant CIPO office. Every effort must be made to ensure that withdrawal occurs at an appropriate time in the prosecution of an application, in keeping with the agent’s obligations. The relevant CIPO office, opposing parties, foreign agents and any others directly affected by the withdrawal must also be notified of the withdrawal. Unless a client consents, an agent must not summarily and unexpectedly withdraw their services from that client in order to avoid a conflict arising from accepting a new second client. Note that disclosure is an essential requirement for obtaining the first client’s consent. If it is not possible to provide the first client with adequate disclosure because of the confidentiality of the information of the second client, the agent must decline to provide services to the second client. When an agency firm is dissolved or an agent leaves an agency firm to practise elsewhere, it usually results in the termination of the agentclient relationship between a particular client and one or more of the agents involved. In such cases, most clients prefer to retain the services of the agent who they regarded as being in charge of their business before the change. However, the final decision rests with the client and the agents who are no longer retained by that client must act in accordance with the principles set out in this rule and, in particular, must try to minimize expense and avoid prejudice to the client. The client’s interests are paramount and, accordingly, the decision as to whether the agent will continue to represent a given client must be made by the client in the absence of undue influence or
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
harassment by either the agent or the agency firm. That may require either the departing agent or the agency firm, or both, to notify the client in writing that the agent is leaving and advise them of the options available to have the departing agent continue to act for them, to have the agency firm continue to act for them or to retain a new agent or new agency firm to act for them. On discharge or withdrawal, an agent must notify the client in writing, stating
(a) (i)
that the agent has withdrawn,
(ii)
the reasons for the withdrawal, and
(iii)
in the case of a hearing, that the client should expect that the hearing or trial will proceed on the date scheduled and that the client should retain a new agent promptly;
(b)
deliver to the client all papers and property to which the client is entitled;
(c)
subject to any applicable trust conditions and undertakings — or, in Quebec, subject to any applicable conditions for the preservation in trust of any monies or other property entrusted to the agent by a client and to any applicable undertakings —, give the client all relevant information in connection with the matter;
(d)
account for all funds of the client held at that time or previously dealt with, including the refunding of any remuneration not earned during the representation;
(e)
promptly render an account for outstanding fees and disbursements;
(f)
cooperate with the successor agent in the transfer of the file in a manner that minimizes expense and avoids prejudice to the client; and
(g)
comply with the applicable rules of the CIPO office or offices involved.
If the agent who is discharged or withdraws is a member of an agency firm, the client must be notified that the agent and the agency firm are no longer acting for the client. The obligation to deliver papers and property is subject to any agreement between the agent and the client. In the event of conflicting claims to such papers or property, the agent must make every effort to have the claimants settle the dispute. Cooperation with the successor agent will normally include providing copies of all files for applications and patents but confidential information not clearly related to the matter must not be disclosed without the written consent of the client. An agent acting for several clients in a matter who ceases to act for one or more of them must cooperate with the successor agent or agents to the extent required by this Code and must seek to avoid any unseemly rivalry, whether real or apparent. It is quite proper for the successor agent to urge the client to settle or take reasonable steps towards settling or securing any outstanding account of the former agent, especially if the latter withdrew for good cause or was capriciously discharged. But, if a matter is in progress or is imminent, or if the client would otherwise be prejudiced, the existence of an outstanding account must not be allowed to interfere with the successor agent acting for the client.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
PART 7
Duties to College, Members and Other Persons Principle An agent must assist in maintaining the standards of the profession in dealings with the College and members of the profession generally. An agent’s conduct toward other agents must be characterized by courtesy and good faith.
Rule 7 1 An agent must conduct themselves in a professional
manner. 2 An agent must refrain from conduct that brings discredit to the profession. 3 An agent must respond promptly and in a complete
and appropriate manner to any communication from the College relating to their conduct. 4 An agent has a professional duty to meet financial
obligations in relation to their practice. 5 An agent must report to the College any conduct of
which the agent has personal knowledge and which in the agent’s reasonable opinion, arrived at in good faith, raises a serious question of whether another agent is in breach of this Code. 6 An agent must encourage a client who has a claim or
complaint against an apparently dishonest agent to report the facts to the College as soon as reasonably practicable. 7 An agent has complete professional responsibility for
all business entrusted to them and must directly supervise staff and assistants to whom they delegate particular tasks and functions. 8 An agent who supervises an agent in training must
provide them with meaningful training and exposure to, and involvement in, work that will provide them with knowledge and experience of the practical aspects of the work of a patent agent or a trademark agent, together
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
with an appreciation of the traditions and ethics of the profession. 9 An agent must not discriminate against any person in connection with their practice. 10 An agent must not sexually harass or engage in any other form of harassment of any person in connection with their practice. 11 (1) When an agent (the “transferring agent”) transfers from one firm (the “former firm”) to another firm, neither the transferring agent nor the former firm may harass or exercise or attempt to exercise undue influence on clients of the former firm — whose work was done by the transferring agent — for the purpose of influencing the decision of the client as to who will represent them.
(2) An agent who is an employee must not solicit business from their employer’s clients or prospective clients on their own account without their employer’s knowledge.
PART 8
Communications with College, CIPO and Other Persons Principle An agent’s conduct toward other agents must be characterized by courtesy and good faith.
Rule 8 1 (1) An agent must be courteous and civil and act in good faith with all persons with whom the agent has dealings in the course of their practice. (2) All correspondence and remarks by an agent addressed to or concerning another agent, whether inside or outside of the agent’s firm or concerning another firm, CIPO or the College, must be fair, accurate and courteous. (3) An agent must avoid sharp practice and must not take advantage of or act without fair warning with respect to omissions, irregularities or mistakes on the part
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
of other agents not going to the merits or involving the sacrifice of a client’s rights. (4) An agent must avoid ill-considered or uninformed criticism of the competence, conduct, advice or work of other agents, but must be prepared when requested to advise and represent a client with respect to a complaint involving another agent. (5) An agent must agree to reasonable requests concerning hearing dates, adjournments, the waiver of procedural formalities and other similar matters that do not prejudice the rights of their client unless to do so would be contrary to the client’s instructions. COMMENTARY The public interest demands that matters entrusted to an agent be dealt with effectively and expeditiously and fair and courteous dealing on the part of each agent engaged in a matter will contribute substantially to this end. The agent who behaves otherwise does a disservice to the client and neglect of the rule will impair the ability of agents to perform their functions properly. Any ill feeling that may exist or be engendered between clients, particularly during opposition proceedings, must never be allowed to influence agents in their conduct and demeanour toward each other or the other parties. The presence of personal animosity between agents involved in a matter may cause their judgment to be clouded by emotional factors and hinder the proper resolution of the matter.
2 (1) An agent must not in the course of their professional practice send correspondence to or otherwise communicate with a client, another agent, CIPO or any other person in a manner that is abusive, offensive or otherwise inconsistent with the appropriate tone of a professional communication from an agent. (2) An agent must answer with reasonable promptness all professional letters and communications from other agents and from CIPO that require an answer and an agent must be punctual in fulfilling their commitments. (3) Subject to subsection (4), if a person is represented
by an agent or a legal counsel in respect of a matter, another agent must not, except through or with the consent of that person’s agent or legal counsel (a) approach, communicate or deal with the person in
relation to the matter; or (b) attempt to negotiate or reach a compromise in the matter directly with the person. COMMENTARY Subsection (3) applies to communications with any person , whether or not they are a party to a formal adjudicative proceeding, contract or negotiation, who is represented by an agent concerning the matter
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
to which the communication relates. An agent may communicate with a represented person in relation to other matters. Subsection (3) does not prevent parties to a matter from communicating directly with each other. The prohibition on communications with a represented person applies only if the agent knows or should know, based on the circumstances, that the person is represented in the matter to be discussed.
(4) An agent who does not have an interest in a matter may give a second opinion to a person who is represented by another agent with respect to that matter. COMMENTARY Subsection (4) deals with circumstances in which a client may wish to obtain a second opinion from another agent. In providing a second opinion, and in order to provide competent services, that other agent may require facts that can be obtained only through consultation with the first agent involved. The other agent must advise the client accordingly and, if necessary, consult the first agent unless the client instructs otherwise.
(5) An agent retained to act in a matter involving a corporation or other organization represented by an agent or a legal counsel must not, in respect of that matter, unless the agent representing the organization consents or the contact is otherwise authorized or required by law, approach an officer or employee of the organization (a) who has the authority to bind the organization; (b) who supervises, directs or regularly consults with
the organization’s agent; or (c) whose own interests are directly at stake in the representation. COMMENTARY Subsection (5) prohibits an agent who represents another person from communicating about the matter in question with persons who are likely involved in the decision-making process for a corporation or other organization. If the corporation or organization is represented by an agent, the consent of that agent to the communication will be sufficient for the purposes of this rule. An agent may communicate with employees of the corporation or organization concerning other matters.
(6) In this section, other organization includes a partnership, an association, a union, an unincorporated group, a government department or agency, a tribunal, a regulatory body and a sole proprietorship. 3 When an agent deals on a client’s behalf with an unrepresented person, the agent must (a) advise the unrepresented person to seek independent representation;
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
(b) take care to see that the unrepresented person is
not proceeding under the impression that their interests will be protected by the agent; (c) make it clear to the unrepresented person that the agent is acting exclusively in the interests of the client; and (d) extend the same courtesy and good faith to the unrepresented person as they extend to other agents or agents in training. COMMENTARY If an unrepresented person requests the agent to advise them or act for them in the matter, the agent must be governed by the considerations outlined in the conflicts of interest rule about joint retainers.
4 (1) An agent who receives a document relating to the representation of their client and knows, or reasonably should know, that the document was inadvertently sent to them must promptly notify the sender. (2) In this section, document includes email or other
electronic modes of transmission capable of being read or put into readable form. COMMENTARY Agents sometimes receive documents that were mistakenly sent by opposing parties or their agents. If an agent knows or reasonably should know that such a document was sent to them inadvertently, this rule requires the agent to notify the sender promptly in order to permit them to take protective measures. Some agents may choose to return a document unread, for example, when the agent learns before receiving the document that it was inadvertently sent to the wrong address. Unless the agent is required by applicable law to do so, the decision to voluntarily return such a document is a matter of professional judgment ordinarily reserved to the agent.
PART 9
Advertising Principle An agent may advertise services and fees or otherwise solicit work if the advertisement is (a) demonstrably true, accurate and verifiable; and (b) not misleading, confusing or deceptive or likely to mislead, confuse or deceive.
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
Rule 9 1 An agent must not use any description that suggests that they or another individual in their firm has academic or professional qualifications that they do not possess. COMMENTARY Clients often seek an agent with a certain background or certain skills. Those clients must not be misled by an agent holding out themselves or other members of their firm as having skills that they do not possess.
2 The agent’s advertisements may be designed to provide information to assist a potential client to choose an agent who has the appropriate skills and knowledge for the client’s particular matter. The agent may indicate that their practice is restricted to a particular area or may indicate that they practice in a certain area if that is the case. In all cases, the representations made must be accurate (that is, demonstrably true) and must not be misleading. 3 The agent must not indicate by way of advertisement, letterhead or otherwise that they have a professional office at a specified location if that is not, in fact, the case. 4 An agent may advertise the fees to be charged for their services if (a) the advertising is reasonably precise as to the services offered for each fee quoted; (b) the advertisement states whether other amounts,
such as disbursements and taxes, will be added to the fees; and (c) the agent strictly adheres to the advertised fees in all applicable respects. COMMENTARY The use of phrases such as “John Doe and Associates”, “John Doe and Company” or “John Doe and Partners” is improper unless there are, in fact, two or more other agents associated with John Doe in practice or John Doe has two or more partners.
PART 10
Unauthorized Practice Principle An agent owes a duty to assist in preventing any unauthorized practice, including any practice not authorized
Current to June 20, 2022 Last amended on June 20, 2022
Code of Professional Conduct for Patent Agents and Trademark Agents Regulations SCHEDULE Code of Professional Conduct for Licensees
under the relevant intellectual property statutes or by the applicable provincial law society.
Rule 10 1 An agent must not, without the express approval of the
College, retain, occupy office space with, use the services of, partner or associate with, or employ in any capacity having to do with the practice of a patent agent or a trademark agent, any agent whose licence has been suspended as a result of disciplinary proceedings or an individual whose licence has been revoked as a result of disciplinary proceedings or who has been permitted to surrender their licence while facing disciplinary proceedings and has not been reinstated.
2 An agent must not aid or assist a person who is practicing as a patent agent or a trademark agent in an unauthorized manner. 3 An agent who is under suspension as a result of disciplinary proceedings must not (a) practise as a patent agent or a trademark agent, as applicable; or (b) represent or hold themselves out as a individual who is entitled to practise as a patent agent or trademark agent, as applicable. COMMENTARY It is in the interest of the public and the profession that persons who are not properly qualified or who are immune from control, management or discipline not be permitted to offer agency services to members of the public.
4 An agent who is under a restriction on their entitlement to provide representation must not practise in a manner that is contrary to that restriction.
Current to June 20, 2022 Last amended on June 20, 2022
|
CONSOLIDATION
Canada Industrial Relations Regulations
SOR/2002-54
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 Industrial Relations Regulations 1
Definitions
Notice, Request or Report to the Minister
Notice or Request by the Minister
Notice to Commence Collective Bargaining
Notice of Dispute and Request for Conciliation Assistance
Strike or Lockout Notice
Request for the Appointment of an Arbitrator
Arbitration Order or Decision
Repeal
Coming into Force
Current to June 20, 2022
ii
Registration SOR/2002-54 January 31, 2002
CANADA LABOUR CODE Canada Industrial Relations Regulations P.C. 2002-88
January 31, 2002
Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to section 111a of the Canada Labour Code, hereby makes the annexed Canada Industrial Relations Regulations.
a
S.C. 1998, c. 26, s. 51
Current to June 20, 2022
Canada Industrial Relations Regulations
Definitions 1 The definitions in this section apply in these Regulations. Act means Part I of the Canada Labour Code. (Loi) Director General means the Director General of the FMCS. (directeur général) FMCS means the Federal Mediation and Conciliation Service referred to in section 70.1 of the Act. (Service) Head of FMCS means the senior labour program official designated as Head of the FMCS. (directeur du Service) organization means a corporation or an unincorporated association, and includes a trade union. (organisation)
Notice, Request or Report to the Minister 2 (1) Subject to subsection (2), any notice, request or report that may be given or made to, or received by, the Minister under the Act may be given or made to, or received by, either the Head of FMCS or the Director General on behalf of the Minister. (2) Any request that may be made to the Minister under subsection 57(2), (3) or (4) of the Act may be made to the Director General on behalf of the Minister.
Notice or Request by the Minister 3 (1) Subject to subsection (2), any notice or request authorized or required under the Act to be given or sent by the Minister may be given or sent on behalf of the Minister by either the Head of FMCS or the Director General. (2) Any notice that may be given or sent by the Minister in respect of a request under subsection 57(2), (3) or (4) of the Act may be given or sent by the Director General on behalf of the Minister.
Current to June 20, 2022
Canada Industrial Relations Regulations Notice or Request by the Minister Sections 4-6
4 (1) Any notice or report required or authorized under
the Act to be given by the Minister, a conciliation commissioner, a conciliation board or an Industrial Inquiry Commission to any individual or organization is sufficiently served on the individual or organization to whom it is given or sent if it is given or sent (a) by registered mail or courier addressed to that individual or organization at their latest known or usual address or at their place of business; (b) by personal service of a copy of it, (i) in the case of an individual, upon that individual or, in their absence, upon some other individual who appears to be at least 16 years of age, at the individual’s latest known or usual address or at that individual’s place of business, and (ii) in the case of an organization, upon an officer or employee of that organization; (c) by facsimile; or (d) by electronic mail.
(2) Despite subsection (1), a notice that may be given or sent by or on behalf of the Minister in respect of a request under subsection 57(2), (3) or (4) of the Act may be sent by ordinary mail.
Notice to Commence Collective Bargaining 5 (1) A notice to commence collective bargaining given
under the Act shall be given in writing and be dated and signed by or on behalf of the party giving the notice. (2) The notice referred to in subsection (1) may specify the section of the Act under which the notice is being given and designate a convenient time and place for the collective bargaining to commence.
Notice of Dispute and Request for Conciliation Assistance 6 (1) A notice of dispute to the Minister to be given under section 71 of the Act shall be given in writing and state (a) the name and address of the party giving the notice;
Current to June 20, 2022
Canada Industrial Relations Regulations Notice of Dispute and Request for Conciliation Assistance Sections 6-7
(b) the name and address of the other party to the dispute; (c) the date on which notice to commence collective bargaining was given; (d) the steps that have been taken, the progress that
has been made and the difficulties that have been encountered in collective bargaining following the giving of the notice; (e) the issues remaining in dispute; (f) the date and the results of any strike vote or lockout vote that has been conducted in accordance with section 87.3 of the Act; and (g) whether the parties have reached an agreement on the maintenance of activities in accordance with section 87.4 of the Act. (2) The notice referred to in subsection (1) shall be signed by or on behalf of the party giving the notice and be accompanied by (a) a copy of the notice to commence collective bargaining; (b) a copy of the most recent collective agreement between the parties; and (c) a copy of any maintenance of activities agreement concluded under section 87.4 of the Act.
Strike or Lockout Notice 7 (1) A notice of strike or lockout given under section 87.2 of the Act shall be given in writing, be dated and signed by or on behalf of the party giving the notice, be addressed to the other party to the dispute and state (a) the name and address of the party giving the notice of a strike or lockout; (b) the number of employees in the bargaining unit that will be affected by the strike or lockout; (c) the date and time when the strike or lockout is to
commence; and (d) whether it is a first notice under subsection 87.2(1) or (2) of the Act or a new notice under subsection 87.2(3) of the Act. (2) A copy of the notice referred to in subsection (1) shall be given to the Minister at the same time and in the same manner as referred to in subsection (1).
Current to June 20, 2022
Canada Industrial Relations Regulations Request for the Appointment of an Arbitrator Sections 8-11
Request for the Appointment of an Arbitrator 8 (1) A request to the Minister for the appointment of
an arbitrator under subsection 57(2), (3) or (4) of the Act or an arbitration board chairperson under subsection 57(4) of the Act shall state (a) the name and address of the party making the request and their representative; (b) the name and address of the other party to the difference and their representative; (c) if an arbitration board is to be established, the
names and addresses of the parties’ nominees; and (d) the nature and date of the occurrence of the difference. (2) The notice referred to in subsection (1) shall be signed by or on behalf of the party making the request and be accompanied by (a) a copy of the grievance form, if any, required by
the collective agreement; (b) a copy of the applicable collective agreement between the parties; and (c) a copy of all the pertinent correspondence exchanged between the parties up to the time the request is made.
Arbitration Order or Decision 9 A copy of every order or decision referred to in section 59 of the Act shall be filed with the Minister, within 15 days after the order or decision has been given or made, by mailing a copy to the Director General.
Repeal 10 [Repeal]
Coming into Force 11 These Regulations come into force on the day
on which they are registered.
Current to June 20, 2022
|
CONSOLIDATION
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations
SOR/2016-21
Current to June 20, 2022 Last amended on February 27, 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 February 27, 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 February 27, 2016
TABLE OF PROVISIONS Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations
Definitions 1
Definitions
PART 1
Regulatory Activity Plan Charges Estimated annual charge 2
Regulatory activity plan
Existing project
Recalculation
Quarterly Invoicing 5
Invoice
Annual Charge Adjustment 6
Annual adjustment
PART 2
Formula Fees Interpretation 7
Interpretation
Publication 8
Publication by Board
Formulas 9
Basic formula
Payment of Fees 10
Fees calculated under section 9
PART 3
Geodata Centre 11
Definition of daily access rate
Sample access fee
Current to June 20, 2022 Last amended on February 27, 2016
ii
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations TABLE OF PROVISIONS
PART 4
Other Charges 13
Reimbursement of Board costs
PART 5
General Interest 14
Compound interest rate of 1.5%
Remittance of Fees and Charges 15
Remittance
PART 6
Consequential Amendments, Transitional Provisions and Coming into Force Consequential Amendments to the Newfoundland Offshore Area Registration Regulations Transitional Provisions 20
Non-application of section 3
Coming into Force *21
S.C. 2015, c. 4
Current to June 20, 2022 Last amended on February 27, 2016
iv
Registration SOR/2016-21 February 19, 2016
CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT
Canada–Newfoundland and Labrador Petroleum Cost Recovery Regulations
P.C. 2016-69
Offshore
February 19, 2016
Whereas, pursuant to subsection 150(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Acta, a copy of the proposed Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 11, 2015 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Natural Resources with respect to the proposed Regulations; And whereas, pursuant to subsection 7(1)b of that Act, the Minister of Natural Resources has consulted the Provincial Minister with respect to the proposed Regulations and the Provincial Minister has approved the making of those Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 29.1c of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Acta, makes the annexed Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations.
a
S.C. 1987, c. 3; S.C. 2014, c. 13, s.3
b
S.C. 2015, c. 4, s. 38
c
S.C. 2015, c. 4, s. 39
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Off‐ shore Petroleum Cost Recovery Regulations
Definitions Definitions 1 The following definitions apply in these Regulations.
Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. (Loi) actual full cost means the full cost confirmed by the Board’s audited financial statements. (coût entier réel) direct regulatory activities means the activities that are required for the Board to fulfill its regulatory responsibilities such as assessing applications, issuing licences, granting approvals and authorizations, verifying and enforcing compliance with the Act and providing information, products and services. (activités de réglementation directes) indirect regulatory costs means the costs that support the Board’s direct regulatory activities such as office accommodation, supplies and equipment, professional services, communications, travel, management, training, administration, human resources services, finance, information technology services, hardware and software, the preparation of documents (including policies, standards, guidelines, procedures and notices) and the provision of technical expertise (including any advice relating to legislation or regulations) to the Federal Minister or the Provincial Minister at that Minister’s request. (coûts de réglementation indirects) project means the work or the activity referred to in paragraph 138(1)(b) of the Act. (projet)
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 1 Regulatory Activity Plan Charges Sections 2-3
PART 1
Regulatory Activity Plan Charges Estimated annual charge Regulatory activity plan 2 For each new project relating to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs in respect of petroleum operations, on receipt of a project description or letter of intent, the Board must (a) prepare a regulatory activity plan; (b) calculate the estimated annual charge payable by
the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of the regulatory activity plan based on (i) the cost of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and (ii) any other costs, excluding costs calculated under other cost recovery methods; and (c) notify the applicant or the operator, in writing, of
the regulatory activity plan and the estimated annual charge payable.
Existing project 3 For each existing project that was previously under a regulatory activity plan, after approval of the Board’s budget in any given fiscal year following its submission in accordance with subsection 27(2) of the Act, the Board must (a) prepare a new regulatory activity plan; (b) calculate the estimated annual charge payable by
the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of thenew regulatory activity plan based on
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 1 Regulatory Activity Plan Charges Estimated annual charge Sections 3-6
(i) the cost of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and (ii) any other costs, excluding costs calculated under other cost recovery methods; and (c) notify the applicant or the operator, in writing, of
the new regulatory activity plan and the estimated annual charge payable.
Recalculation 4 If an applicant or operator proposes changes to its project that are not reflected in the regulatory activity plan, the Board may recalculate the estimated annual charge for that project and adjust the payable amount accordingly.
Quarterly Invoicing Invoice 5 (1) The Board must, on a quarterly basis, prepare and send an invoice for an amount equal to 25% of the estimated annual charge payable to each applicant or operator who has been notified under paragraph 2(c) or 3(c).
Payment within 30 days (2) Within 30 days after the date of the invoice, the applicant or the operator must pay the amount invoiced.
Annual Charge Adjustment Annual adjustment 6 (1) Each year, following the end of the fiscal year, the Board must, for each project under a regulatory activity plan, (a) calculate the actual full cost associated with the implementation of the regulatory activity plan; (b) calculate the charge adjustment, if any, by subtracting the estimated annual charge, calculated in accordance with paragraph 2(b) or 3(b), from the actual full cost; and (c) notify the applicant or the operator in writing of the amount of the actual full cost and the amount of the charge adjustment.
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 1 Regulatory Activity Plan Charges Annual Charge Adjustment Sections 6-7
Effect of adjustment (2) If the actual full cost calculated under paragraph (1)(a) is (a) less than the estimated annual charge, the difference is credited to the applicant’s or operator’s account and must be refunded as a credit on the next invoice; or (b) greater than the estimated annual charge, the Board must invoice the applicant or the operator for an amount equal to the difference and the applicant or the operator must pay that amount to the Board within 30 days after the date of the invoice.
PART 2
Formula Fees Interpretation Interpretation 7 In this Part, (a) base units of time are the number of units of time
published by the Board in accordance with section 8 based on the Board’s estimate of the time required for it to undertake direct regulatory activities in relation to each activity set out in the tables to section 9; (b) variable units of time are the number of units of
time published by the Board in accordance with section 8 based on the Board’s estimate of the time required for it to undertake direct regulatory activities in relation to the variables set out in column 3 of the table to subsection 9(3); (c) the effective rate is the rate published by the Board in accordance with section 8 based on the estimated sum of the costs incurred by the Board’s undertaking of all direct regulatory activities and of the Board’s indirect regulatory costs minus the sum of the costs incurred by the Board’s undertaking of regulatory activities that are not recovered by the Board at the request of the Federal Minister and the Provincial Minister and divided by the total number of units of time spent by the Board for those direct regulatory activities; and (d) the heavy burden coefficient is a multiplier that
the Board may apply to a fee for an activity if the Board is of the opinion that the fee must be increased to reflect the additional number of units of time spent by the Board to undertake direct regulatory activities as a result of non-compliance with the Act, negligence
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 2 Formula Fees Interpretation Sections 7-9
or lack of effort by an applicant or operator in responding to any of the Board’s questions during an application process or activity.
Publication Publication by Board 8 Each year the Board must publish, by electronic or other means that is likely to reach applicants and operators, (a) the base units of time for each activity set out in the tables to section 9; (b) the variable units of time for each activity set out
in the table to subsection 9(3); and (c) the effective rate.
Formulas Basic formula 9 (1) The fee for each activity set out in the table to this subsection is determined by the formula A×C
where A
is the base units of time related to each activity; and
C
is the effective rate.
TABLE Item
Activity
Application for a declaration of significant discovery
Application for a declaration of commercial discovery
Application for a significant discovery licence
Application for a licence for subsurface storage
Application for a production licence
Application for an amendment to a licence or a consolidation of licences
Registration of a transfer
Registration of a security notice
Registration of an interest
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 2 Formula Fees Formulas Section 9
Item
Activity
Recording of a notice
Registration of an instrument other than a transfer or security notice
Application for an extension, by order, of the term of a production licence
Application for allowable expenditures
Formula without variable units of time (2) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula A×C×D
where A
is the base units of time related to each activity;
C
is the effective rate; and
D
if applicable, is the heavy burden coefficient.
TABLE Column 1
Column 2
Item
Category of Activity
Activity
Geological operations authorization (with field work)
Geochemical study
Geophysical (without field work)
Geophysical study
Geological (without field work)
Purchase of geological studies
Geological (without field work)
Isotope age dating
Geological (without field work)
In-house geological studies
Geological (without field work)
Petrography
Geological (without field work)
Paleontological or palynological study
Geological (without field work)
Other geophysical activity
Annual compliance fee
All geophysical projects
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 2 Formula Fees Formulas Section 9
Formula with variable units of time (3) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula (A + B) × (C × D)
where A
is the base units of time related to each activity;
B
is the variable units of time multiplied by the number of primary vessels or aircraft to be used in each activity;
C
is the effective rate; and
D
if applicable, is the heavy burden coefficient.
TABLE Column 1
Column 2
Item
Category of Activity
Activity
Geophysical operations authorization (with field work)
2-D seismic re
Geophysical operations authorization (with field work)
3-D seismic re
Geophysical operations authorization (with field work)
4-D seismic re
Geophysical operations authorization (with field work)
Seafloor grav
Geophysical operations authorization (with field work)
Seismic refrac
Geophysical operations authorization (with field work)
Controlled sou
Geophysical operations authorization (with field work)
Other geophy
Geophysical operations authorization (with field work)
Aeromagnetic
Geotechnical authorization (seabed survey)
Piston core
Geotechnical authorization (seabed survey)
Shallow seism
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 2 Formula Fees Formulas Sections 9-10
TABLEAU Colonne 1
Colonne 2
Article
Catégorie d’activités
Activité
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé de gravit
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé sismique
Autorisation d’opérations géophysiques (avec travail de terrain)
Levé électrom
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Autre program
Autorisation d’opérations géophysiques (avec travail sur le terrain)
Levé aéromag
Autorisation géotechnique (levé marin)
Carottier à pis
Autorisation géotechnique (levé marin)
Levé sismique
Payment of Fees Fees calculated under section 9 10 (1) On the submission of an application in respect of
an activity set out in any table to section 9, the applicant must pay to the Board the fee determined in accordance with that section. Heavy burden coefficient (2) If the Board uses a heavy burden coefficient to calculate an additional charge in respect of an activity, the Board must invoice the applicant or the operator and the applicant or the operator must pay that amount to the Board within 30 days after the date of the invoice.
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 3 Geodata Centre Sections 11-13
PART 3
Geodata Centre Definition of daily access rate 11 In this Part, the daily access rate is the rate established and published by the Board by electronic or other means that is likely to reach applicants and operators.
Sample access fee 12 Any person, except a person requesting access for an academic purpose, the Federal Minister and the Provincial Minister, who accesses a physical sample at the geodata centre must pay the daily access rate for each day the sample is accessed.
PART 4
Other Charges Reimbursement of Board costs 13 The Board may require reimbursement for 100% of
its costs for activities that are not set out in Parts 1 to 3 and that are related to the following: (a) any verification of compliance under the Act involving travel to another location by the Board’s staff; (b) the Oil and Gas Committee; (c) any technical analysis or process review that is related to a specific project and that is requested by an applicant or operator; (d) any public review, written or oral hearing or inquiry that is related to a specific project and that is required or initiated by the Board; (e) a participant funding program that is part of an environmental assessment conducted under the Canadian Environmental Assessment Act, 2012; and (f) information, products or services that are requested by a person.
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 5 General Sections 14-20
PART 5
General Interest Compound interest rate of 1.5% 14 Interest on an amount owing to the Board must be calculated and compounded monthly at the rate of 1.5% and is payable and accrues during the period beginning on the due date and ending on the day before the day on which the payment is received by the Board.
Remittance of Fees and Charges Remittance 15 For the purposes of section 29.3 of the Act, the fees
and charges obtained in accordance with these Regulations must be remitted on a quarterly basis subject to the Board’s operational requirements.
PART 6
Consequential Amendments, Transitional Provisions and Coming into Force Consequential Amendments to the Newfoundland Offshore Area Registration Regulations 16 [Amendment] 17 [Amendments] 18 [Amendment] 19 [Amendment]
Transitional Provisions Non-application of section 3 20 (1) Section 3 does not apply to a project that
relates to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs if the applicant or the operator has paid 100% of the Board’s estimated
Current to June 20, 2022 Last amended on February 27, 2016
Canada–Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations Part 6 Consequential Amendments, Transitional Provisions and Coming into Force Transitional Provisions Sections 20-21
costs for the project for the fiscal year in which these Regulations come into force.
Presumption (2) All existing projects relating to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs that are under the Board’s regulatory authority before these Regulations come into force and that do not have a regulatory activity plan are considered to have been previously under a regulatory activity plan for the purposes of section 3.
Coming into Force S.C. 2015, c. 4 21 These Regulations come into force on the day on which section 39 of the Energy Safety and Security Act 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 February 27, 2016.]
Current to June 20, 2022 Last amended on February 27, 2016
|
CONSOLIDATION
Canadian Broiler Hatching Egg (Interprovincial) Pricing Regulations
SOR/89-512
Current to June 20, 2022 Last amended on November 18, 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 18, 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 18, 2016
TABLE OF PROVISIONS Regulations Respecting the Pricing of Broiler Hatching Eggs Marketed in Interprovincial Trade
Short Title
Interpretation
Minimum Price
Current to June 20, 2022 Last amended on November 18, 2016
ii
Registration SOR/89-512 October 24, 1989
FARM PRODUCTS AGENCIES ACT Canadian Broiler Hatching Pricing Regulations
Egg
(Interprovincial)
Whereas the Governor in Council has, by the Canadian Broiler Hatching Egg Marketing Agency Proclamation*, established the Canadian Broiler Hatching Egg Marketing Agency pursuant to subsection 16(1) of the Farm Products Marketing Agencies Act;
Whereas the Canadian Broiler Hatching Egg Marketing Agency has been empowered to implement a marketing plan pursuant to the Canadian Broiler Hatching Egg Marketing Agency Proclamation*; Whereas, the proposed Regulations respecting the pricing of broiler hatching eggs marketed in Interprovincial Trade set out in the schedule hereto are of a class to which paragraph 7(1)(d) of the said Act ap‐ plies by reason of section 2 of the Agencies’ Orders and Regulations Approval Order, C.R.C., c. 648, and have been submitted to the National Farm Products Marketing Council pursuant to paragraph 22(1)(f) of the said Act; And Whereas, pursuant to paragraph 7(1)(d) of the said Act, the National Farm Products Marketing Council is satisfied that the proposed Regulations are necessary for the implementation of the marketing plan that the Canadian Broiler Hatching Egg Marketing Agency is authorized to implement and has approved the proposed Regulations on October 3, 1989. Therefore, the Canadian Broiler Hatching Egg Marketing Agency, pursuant to paragraph 22(1)(f) of the Farm Products Marketing Agencies Act and section 9 of the schedule to the Canadian Broiler Hatching Egg Marketing Agency Proclamation*, hereby makes the annexed Regulations respecting the pricing of broiler hatching eggs marketed in interprovincial trade, effective December 1, 1989.
Ottawa, Ontario, October 20, 1989 *
SOR/87-40, 1987 Canada Gazette Part II, p. 317
Current to June 20, 2022 Last amended on November 18, 2016
Regulations Respecting the Pricing of Broiler Hatching Eggs Marketed in Interprovincial Trade
Short Title 1 These Regulations may be cited as the Canadian Broiler Hatching Egg (Interprovincial) Pricing Regulations.
Interpretation 2 (1) In these Regulations,
broiler hatching egg [Repealed, SOR/2013-256, s. 1] Commodity Board [Repealed, SOR/2013-256, s. 1] hatchability means the percentage of saleable chicks obtained from the incubation of broiler hatching eggs as established for each province by the Department of Agriculture and Agri-Food and published by that Department in the Hatchery Review. (coefficient d’éclosion) non-signatory provinces [Repealed, SOR/2013-256, s. 1] signatory provinces [Repealed, SOR/2013-256, s. 1]
(2) [Repealed, SOR/2016-290, s. 1] SOR/2008-10, s. 1; SOR/2013-256, s. 1; SOR/2016-290, s. 1.
Minimum Price 3 No person shall sell into a signatory province broiler
hatching eggs produced in another signatory province at a price per dozen broiler hatching eggs that is less than the aggregate of (a) where the Commodity Board of the province of
production has established a minimum price for the marketing of broiler hatching eggs in intraprovincial trade on the basis of (i) a dozen broiler hatching eggs, the minimum
price established for a dozen broiler hatching eggs in effect in the province of production at the time of the sale, or
Current to June 20, 2022 Last amended on November 18, 2016
Canadian Broiler Hatching Egg (Interprovincial) Pricing Regulations Minimum Price Sections 3-5
(ii) a saleable chick, the minimum price established for a saleable chick that is in effect in the province of production at the time of the sale, multiplied by 12 times the hatchability, during the year preceding the year of the sale, for the province of production; and (b) the actual cost of transporting the broiler hatching eggs from the vendor’s premises in the province of production to the purchaser’s premises in the other signatory province.
4 Subject to section 5, no person shall sell into a signatory province broiler hatching eggs produced in a non-signatory province at a price per dozen broiler hatching eggs that is less than the aggregate of (a) where the person sells broiler hatching eggs in intraprovincial trade on the basis of (i) a dozen broiler hatching eggs, the average price for a dozen broiler hatching eggs charged by the person in the province of production during the four week period immediately preceding the week of the sale, or (ii) a saleable chick, the average price for a saleable
chick charged by the person in the province of production during the four week period immediately preceding the week of the sale, multiplied by 12 times the hatchability, during the year preceding the year of the sale, for the province of production; and (b) the actual cost of transporting the broiler hatching
eggs from the vendor’s premises in the province of production to the purchaser’s premises in the signatory province.
5 Where a person has not sold broiler hatching eggs produced in a non-signatory province in intraprovincial trade during the four week period referred to in section 4, the person shall not sell into a signatory province broiler hatching eggs produced in the non-signatory province at a price per dozen broiler hatching eggs that is less than the aggregate of (a) where the person intends to sell broiler hatching
eggs into the signatory province on the basis of
Current to June 20, 2022 Last amended on November 18, 2016
Canadian Broiler Hatching Egg (Interprovincial) Pricing Regulations Minimum Price Section 5
(i) a dozen broiler hatching eggs, the market price for a dozen broiler hatching eggs payable at the time of the sale in the ordinary course of trade in the province of production, or (ii) a saleable chick, the market price for a saleable chick payable at the time of the sale in the ordinary course of trade in the province of production, multiplied by 12 times the hatchability, during the year preceding the year of the sale, for the province of production; and (b) the actual cost of transporting the broiler hatching
eggs from the vendor’s premises in the province of production to the purchaser’s premises in the signatory province.
Current to June 20, 2022 Last amended on November 18, 2016
|
CONSOLIDATION
Cellulose Fibre Insulation Regulations
SOR/2016-177
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 Cellulose Fibre Insulation Regulations
Interpretation 1
Definitions
Specifications 2
Minimum critical radiant flux
Combustion and loss of mass
Separation of non-cellulosic components
Corrosiveness — metal
Information 6
Required information
Repeal Coming into Force 8
Registration
Current to June 20, 2022
ii
Registration SOR/2016-177
June 22, 2016
CANADA CONSUMER PRODUCT SAFETY ACT
Cellulose Fibre Insulation Regulations P.C. 2016-604
June 21, 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 Cellulose Fibre Insulation Regulations.
a
S.C. 2010, c. 21
Current to June 20, 2022
Cellulose Fibre Insulation Regulations
Interpretation Definitions 1 The following definitions apply in these Regulations.
cellulose fibre insulation means cellulose fibre for use as loose-fill thermal insulation in the interior of new and existing buildings. (isolant en fibres cellulosiques) insulation standard means the Underwriters Laboratories of Canada standard CAN/ULC-S703, entitled Standard for Cellulose Fibre Insulation for Buildings, as amended from time to time. (norme sur l’isolant)
Specifications Minimum critical radiant flux 2 (1) When cellulose fibre insulation is tested in accordance with section 6.3.9 of the insulation standard, all three test specimens must have a critical radiant flux greater than or equal to 0.12 W/cm2.
Additional specimens (2) Despite subsection (1), if only one of the three test specimens has a critical radiant flux less than 0.12 W/ cm2, three more specimens must be tested, all of which must have a critical radiant flux greater than or equal to 0.12 W/cm2.
Combustion and loss of mass 3 Cellulose fibre insulation must not exhibit any flaming
combustion or any loss of mass greater than 15% when tested in accordance with sections 6.3.3 and 6.3.12 of the insulation standard.
Separation of non-cellulosic components 4 Cellulose fibre insulation must not exhibit any separation of non-cellulosic components greater than 1.5% by mass when tested in accordance with section 6.3.11 of the insulation standard.
Current to June 20, 2022
Cellulose Fibre Insulation Regulations Specifications Sections 5-8
Corrosiveness — metal 5 A test specimen that is made of aluminum, copper or
steel must not exhibit any perforation when cellulose fibre insulation is tested in accordance with section 6.3.2 of the insulation standard.
Information Required information 6 (1) Subject to subsection (2), cellulose fibre insulation
that is sold to a consumer must have the following information marked on its container legibly and in a prominent location: (a) the name and principal place of business in Canada of either of the following: (i) the manufacturer, if the insulation is manufactured in Canada, or (ii) the importer, if the insulation is imported; and (b) the day, month and year of its manufacture.
Exception — no container (2) If the cellulose fibre insulation has no container, the
information must be marked on the packaging or, if there is no packaging, on the bill of sale or other document given to the consumer at the time of sale.
Repeal 7 [Repeal]
Coming into Force Registration 8 These Regulations come into force on the day
on which they are registered.
Current to June 20, 2022
|
CONSOLIDATION
Canadian Arsenals Limited Pension Protection Regulations
SOR/87-196
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 Pension Protection for Employees of Canadian Arsenals Limited
Short Title
Interpretation
Applicable Provisions
Adapted Provisions
Application Date
Current to June 20, 2022
ii
Registration SOR/87-196 March 26, 1987
CANADIAN ARSENALS LIMITED DIVESTITURE AUTHORIZATION ACT Canadian Arsenals Regulations
P.C. 1987-591
Limited
Pension
Protection
March 26, 1987
Her Excellency the Governor General in Council, on the recommendation of the Minister of Supply and Services and the Treasury Board, pursuant to section 12 of the Canadian Arsenals Limited Divestiture Authorization Act*, is pleased hereby to make the annexed Regulations respecting pension protection for employees of Canadian Arsenals Limited.
*
S.C. 1986, c. 20
Current to June 20, 2022
Regulations Respecting Pension Protection for Employees of Canadian Arsenals Limited
Short Title 1 These Regulations may be cited as the Canadian Arsenals Limited Pension Protection Regulations.
Interpretation 2 In these Regulations, Act means the Canadian Arsenals Limited Divestiture Authorization Act. (Loi)
Applicable Provisions 3 All the provisions of the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts apply to persons who make the election referred to in paragraph 12(1)(e) of the Act except to the extent that those provisions are adapted in accordance with sections 4 and 5.
Adapted Provisions 4 For the purposes of section 12 of the Act, subparagraphs 9(7)(b)(i) and (ii) and sections 11 and 12 of the Public Service Superannuation Act are adapted as follows: (a) in subparagraphs 9(7)(b)(i) and (ii), the year in
which a person ceased to be employed in the Public Service shall be considered to be the year in which the person ceased to be employed by the Corporation or the amalgamated corporation; and (b) in sections 11 and 12, (i) except for the purposes of subsection 11(4), the
number of years of pensionable service and any periods of employment in respect of the person shall be considered to include any such service or employment with the Corporation or the amalgamated corporation during the period beginning on the day the person ceases to be employed in the Public Service and ending on the day immediately preceding the day on which the person ceases to be employed
Current to June 20, 2022
Canadian Arsenals Limited Pension Protection Regulations Adapted Provisions Sections 4-6
by the Corporation or the amalgamated corporation, and (ii) except for the purposes of subparagraph (i) of
these Regulations the day on which a person ceases to be employed in the Public Service shall be considered to be the day on which the person ceases to be employed by the Corporation or the amalgamated corporation. 5 For the purposes of section 12 of the Act, subsection 4(3) and subparagraphs 6(2)(b)(i) and (ii) of the Supplementary Retirement Benefits Act are adapted as follows: (a) in subsection 4(3), the retirement year or retirement month of a person shall be considered to be 1986 or May 1986, as the case may be; and (b) in subparagraphs 6(2)(b)(i) and (ii), the year in
which a person ceased to contribute in respect of current service to the Supplementary Retirement Benefits Account shall be considered to be the year in which the person ceased to be employed by the Corporation or the amalgamated corporation.
Application Date 6 These Regulations are applicable on and after May 10,
1986, a day that is before their publication in the Canada Gazette.
Current to June 20, 2022
|
CONSOLIDATION
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations
SOR/2016-20
Current to June 20, 2022 Last amended on February 27, 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 February 27, 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 February 27, 2016
TABLE OF PROVISIONS Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations
Definition 1
Definition of Act
Designated Provisions 2
Provisions of Act and regulations
Classification 3
Provisions
Penalties 4
Penalty
Service of Documents 5
Manner of service
Coming into Force *6
S.C. 2015, c. 4
SCHEDULE 1
Violations SCHEDULE 2
Current to June 20, 2022 Last amended on February 27, 2016
ii
Registration SOR/2016-20 February 19, 2016
CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations
P.C. 2016-68
February 19, 2016
Whereas, pursuant to subsection 6(1)a of the CanadaNova Scotia Offshore Petroleum Resources Accord Implementation Actb, the Minister of Natural Resources has consulted the Provincial Minister with respect to the proposed Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations and the Provincial Minister has approved the making of those Regulations; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 207.01(1)c of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Actb, makes the annexed Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations.
a
S.C. 2015, c. 4, s. 72
b
S.C. 1988, c. 28
c
S.C. 2015, c. 4, s. 102
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations
Definition Definition of Act 1 In these Regulations, Act means the Canada-Nova
Scotia Offshore Petroleum Resources Accord Implementation Act.
Designated Provisions Provisions of Act and regulations 2 (1) The contravention of a provision of Part III of the Act or of a regulation made under that Part that is set out in column 1 of a Part of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 207.01 to 207.93 of the Act.
Directions, requirements, decisions and orders (2) The contravention of a direction, requirement, decision or order made under Part III of the Act is designated as a violation that may be proceeded with in accordance with sections 207.01 to 207.93 of the Act.
Terms and conditions (3) The contravention of a term or condition of an operating licence or authorization that is issued, or of an approval or exemption that is granted, under Part III of the Act is designated as a violation that may be proceeded with in accordance with sections 207.01 to 207.93 of the Act.
Classification Provisions 3 (1) The contravention of a provision that is set out in
column 1 of a Part of Schedule 1 is a Type A or Type B violation as set out in column 2 of that Part.
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations Classification Sections 3-4
Directions, requirements, decisions, orders, terms and conditions (2) The contravention of a direction, requirement, decision or order referred to in subsection 2(2) or of a term or condition referred to in subsection 2(3) is a Type B violation.
Penalties Penalty 4 (1) The penalty for a violation with a total gravity value set out in column 1 of Schedule 2 is, in the case of a Type A violation, the corresponding amount set out in column 2 and, in the case of a Type B violation, the corresponding amount set out in column 3.
Determination of total gravity value (2) The total gravity value in respect of a violation is to be established by (a) considering each of the criteria in column 1 of the
table to this section; (b) ascribing to each criterion an appropriate gravity value as set out in column 2, having regard to the circumstances of the violation (with a lower gravity value representing a lower level of gravity and a higher gravity value representing a higher level of gravity); and (c) adding the values obtained.
TABLE Column 1 Item
Criteria
Whether the person who committed the violation was fi have committed a previous violation set out in a notice National Energy Board or the Canada–Newfoundland a Board
Whether the person derived any competitive or econom
Whether the person made reasonable efforts to mitigat
Whether there was negligence on the person’s part
Whether the person provided all reasonable assistance violation
Whether the person, after becoming aware of the violat
Whether the person has taken any steps to prevent a re
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations Penalties Sections 4-5
Column 1 Item
Criteria
For Type B violations, whether the violation was primar keeping requirement
Whether the violation increased a risk of harm to peopl waste
TABLEAU Colonne 1 Article
Éléments
Le fait que le contrevenant a été antérieurement déc ou considéré comme responsable d’une violation à été dressé par l’Office, l’Office national de l’énergie Labrador des hydrocarbures extracôtiers
Les avantages concurrentiels ou économiques que l commise
Le caractère raisonnable des efforts que le contreve neutraliser les incidences de la violation commise
La négligence du contrevenant
Le fait que le contrevenant a fourni toute l’assistanc violation commise
La rapidité avec laquelle, après avoir constaté la vio fait rapport à l’Office
Les mesures que le contrevenant a prises afin d’évit reproduise
Dans le cas d’une violation de type B, le fait que les principalement la production de rapports ou la tenu
Le fait que la violation commise a augmenté les risq l’environnement ou les risques de gaspillage
Service of Documents Manner of service 5 (1) The service of a document that is authorized or required by section 207.06 or 207.5 of the Act is to be made (a) if the person to be served is an individual, by (i) leaving a copy of it with that individual, (ii) leaving a copy of it with someone who appears
to be an adult member of the same household at the individual’s last known address or usual place of residence, or
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations Service of Documents Sections 5-6
(iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and (b) if the person to be served is not an individual, by (i) leaving a copy of it at the person’s head office or
place of business with an officer or other individual who appears to manage or be in control of the head office or place of business, (ii) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or (iii) sending a copy of it by electronic means other than by fax to an officer or other individual referred to in subparagraph (i).
Deemed service (2) A document that is not personally served is considered to be served (a) in the case of a copy that is left with a person referred to in subparagraph (1)(a)(ii), on the day on which it is left with that person; (b) in the case of a copy that is sent by registered mail
or courier, on the 10th day after the date indicated in the receipt issued by the postal or courier service; and (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.
Coming into Force S.C. 2015, c. 4 6 These Regulations come into force on the day on which section 102 of the Energy Safety and Security Act 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 February 27, 2016.]
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
SCHEDULE 1 (Subsections 2(1) and 3(1))
Violations PART 1
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Column 1
Column 2
Item
Provision
Classification
Type B
140.1
Type B
143.1(3)
Type B
143.2(2)
Type B
143.2(5)
Type B
166(1)
Type B
166(2)
Type B
166(3)
Type B
168(1.1)
Type B
168(3)
Type B
176(1)
Type B
177(1)
Type B
Type B
Type B
198(9)
Type B
198.2(1)
Type B
199(1)(d)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
PART 2
Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations Column 1
Column 2
Item
Provision
Classification
Type B
Type A
Type B
Type B
10(a)
Type B
10(b)
Type B
10(c)
Type B
11(a)
Type B
11(b)
Type B
11(c)
Type B
11(d)
Type B
11(e)
Type B
11(f)
Type B
12(1)
Type B
12(2)(a)
Type B
12(2)(b)
Type B
12(2)(c)
Type B
12(2)(d)
Type B
12(2)(e)
Type B
12(2)(f)
Type B
12(3)
Type B
12(4)
Type B
13(a)
Type B
13(b)
Type B
13(c)
Type B
13(d)
Type B
13(e)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Column 1
Column 2
Item
Provision
Classification
13(f)
Type B
13(g)
Type B
14(a)
Type B
14(b)
Type B
14(c)
Type B
15(a)
Type B
15(b)
Type B
Type B
Type B
18(a)
Type B
18(b)
Type B
18(c)
Type B
18(d)
Type B
Type B
20(1)
Type B
20(2)
Type B
21(1)
Type B
22(1)(a)
Type B
22(1)(b)
Type B
22(1)(c)
Type B
22(1)(d)
Type B
22(3)
Type B
Type A
Type A
25(1)
Type A
25(2)
Type A
25(4)
Type A
25(5)
Type A
25(6)
Type A
25(7)
Type A
25(8)
Type A
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Column 1
Column 2
Item
Provision
Classification
25(9)
Type A
26(1)(a)
Type A
26(1)(b)
Type A
26(1)(c)
Type A
26(1)(d)
Type A
26(1)(e)
Type A
26(1)(f)
Type A
26(2)
Type B
26(4)
Type B
26(7)
Type B
Type B
PART 3
Nova Scotia Offshore Petroleum Installations Regulations Item
Column 1
Column 2
Provision
Classification
3(a)
Type B
3(b)
Type B
3(c)
Type B
4(1)
Type B
5(1)
Type B
Type B
Type B
8(2)
Type B
8(3)
Type B
8(4)
Type B
8(5)
Type B
8(6)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
8(7)(a)
Type B
8(7)(b)
Type B
8(8)
Type B
9(1)
Type B
9(6)
Type B
10(1)
Type B
10(2)
Type B
10(3)
Type B
10(4)
Type B
10(5)
Type B
10(6)
Type B
10(7)
Type B
10(8)
Type B
10(9)
Type B
10(10)
Type B
10(11)
Type B
11(1)
Type B
11(2)
Type B
11(3)
Type B
11(4)
Type B
11(5)
Type B
12(1)
Type B
12(2)
Type B
12(3)
Type B
12(4)
Type B
12(5)
Type B
12(6)
Type B
12(7)
Type B
13(1)
Type B
13(2)
Type B
13(3)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
13(4)
Type B
13(5)
Type B
13(6)
Type B
13(7)
Type B
13(8)
Type B
13(9)
Type B
13(10)
Type B
13(11)
Type B
13(12)
Type B
13(13)
Type B
13(14)
Type B
14(1)(a)
Type B
14(1)(b)
Type B
14(1)(c)
Type B
14(1)(d)
Type B
14(1)(e)
Type B
14(1)(f)
Type B
14(1)(g)
Type B
14(2)
Type B
14(3)
Type B
14(4)
Type B
15(1)
Type B
15(2)
Type B
Type B
17(2)
Type B
17(3)
Type B
17(4)
Type B
17(9)
Type B
18(1)
Type B
18(2)
Type B
18(4)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
18(8)
Type B
18(9)
Type B
18(10)
Type B
18(11)
Type B
18(12)
Type B
18(13)
Type B
19(a)
Type B
19(b)
Type B
19(c)
Type B
19(d)
Type B
19(e)
Type B
19(f)
Type B
19(g)
Type B
19(h)
Type B
19(i)
Type B
19(j)
Type B
19(k)
Type B
Type B
22(1)(a)
Type B
22(1)(b)
Type B
22(1)(c)
Type B
22(1)(d)
Type B
22(1)(e)
Type B
22(1)(f)
Type B
22(2)
Type B
22(3)
Type B
22(4)
Type B
22(5)
Type B
22(6)
Type B
23(2)(a)
Type B
23(2)(b)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
23(2)(c)
Type B
23(2)(d)
Type B
23(2)(e)
Type B
23(2)(f)
Type B
23(2)(g)
Type B
23(2)(h)
Type B
23(2)(i)
Type B
23(2)(j)
Type B
23(2)(k)
Type B
23(2)(l)
Type B
23(2)(m)
Type B
23(2)(n)
Type B
23(2)(o)
Type B
23(2)(p)
Type B
23(2)(q)
Type B
23(2)(r)
Type B
23(2)(s)
Type B
23(2)(t)
Type B
23(2)(u)
Type B
23(4)
Type B
23(5)
Type B
24(1)
Type B
24(2)
Type B
24(3)
Type B
24(4)
Type B
25(2)
Type B
25(3)
Type B
25(4)
Type B
25(5)
Type B
25(6)
Type B
26(2)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
26(3)
Type B
26(4)
Type B
26(5)
Type B
27(1)
Type B
27(2)
Type B
27(3)
Type B
27(4)
Type B
27(5)
Type B
27(6)
Type B
27(7)
Type B
27(8)
Type B
27(9)
Type B
27(10)
Type B
27(11)
Type B
28(1)
Type B
28(2)
Type B
28(3)
Type B
28(4)
Type B
28(5)
Type B
28(6)
Type B
28(7)
Type B
28(8)
Type B
28(9)
Type B
28(10)
Type B
28(11)
Type B
29(1)
Type B
29(2)
Type B
29(3)
Type B
29(4)
Type B
29(5)
Type B
29(6)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
29(7)
Type B
29(8)
Type B
29(9)
Type B
30(1)
Type B
30(2)
Type B
30(3)
Type B
30(4)
Type B
31(1)
Type B
31(2)
Type B
31(3)
Type B
31(4)
Type B
32(1)
Type B
32(2)
Type B
32(3)
Type B
32(4)
Type B
32(5)
Type B
33(2)(c)
Type B
34(1)
Type B
34(2)
Type B
34(3)
Type B
35(1)
Type B
35(2)
Type B
35(3)
Type B
35(4)
Type B
35(5)
Type B
36(1)
Type B
36(2)
Type B
36(3)
Type B
36(4)
Type B
36(5)
Type B
36(6)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
36(7)
Type B
43(8)
Type B
48(3)
Type B
49(1)
Type B
49(2)
Type B
49(3)
Type B
49(4)
Type B
49(5)
Type B
49(6)
Type B
Type B
56(2)
Type B
56(4)
Type B
56(5)
Type B
56(7)
Type B
56(8)
Type B
56(9)
Type B
57(1)
Type B
57(2)
Type B
57(3)
Type B
57(4)
Type B
57(5)
Type B
57(6)
Type B
57(7)
Type B
57(8)
Type B
57(9)
Type B
57(10)
Type B
57(11)
Type B
57(12)
Type B
58(1)
Type B
58(2)
Type B
58(3)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
58(4)
Type B
58(5)
Type B
58(6)
Type B
58(7)
Type B
58(8)
Type B
58(9)
Type B
58(10)
Type B
58(11)
Type B
58(12)
Type B
58(13)
Type B
58(14)
Type B
59(1)
Type B
59(13)
Type B
60(1)
Type B
60(2)
Type B
61(7)
Type B
61(17)
Type B
61(18)
Type B
62(2)
Type B
62(3)
Type B
62(4)
Type B
63(1)
Type B
63(2)
Type B
Type B
Type B
67(1)
Type B
67(3)
Type B
67(4)
Type B
Type B
Type A
70(1)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Item
Column 1
Column 2
Provision
Classification
70(2)
Type B
70(3)
Type B
PART 4
Nova Scotia Offshore Petroleum Drilling and Production Regulations Column 1
Column 2
Item
Provision
Classification
10(1)
Type B
17(1)
Type B
17(2)
Type B
Type B
19(a)
Type B
19(b)
Type B
19(c)
Type B
19(d)
Type B
19(e)
Type B
19(f)
Type B
19(g)
Type B
19(h)
Type B
19(i)
Type B
19(j)
Type B
19(k)
Type B
19(l)
Type B
19(m)
Type B
20(1)
Type B
20(2)
Type B
21(1)
Type B
21(2)
Type B
22(a)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Column 1
Column 2
Item
Provision
Classification
22(b)
Type B
Type B
24(1)
Type B
24(2)
Type B
25(a)
Type B
25(b)
Type B
25(c)
Type B
26(a)
Type B
26(b)
Type B
27(1)
Type B
27(2)
Type B
28(a)
Type B
28(b)
Type B
29(1)
Type B
29(2)
Type B
Type B
Type B
32(a)
Type B
32(b)
Type B
33(a)
Type B
33(b)
Type B
33(c)
Type B
34(1)(a)
Type B
34(1)(b)
Type B
34(1)(c)
Type B
34(2)
Type B
34(3)
Type B
Type B
36(1)
Type B
36(2)
Type B
36(3)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Column 1
Column 2
Item
Provision
Classification
36(4)
Type B
Type B
Type B
Type B
Type B
Type B
Type B
Type B
45(a)
Type B
45(b)
Type B
45(c)
Type B
46(1)(a)
Type B
46(1)(b)
Type B
46(1)(c)
Type B
46(1)(d)
Type B
46(1)(e)
Type B
46(1)(f)
Type B
46(1)(g)
Type B
46(1)(h)
Type B
46(1)(i)
Type B
46(1)(j)
Type B
46(2)(a)
Type B
46(2)(b)
Type B
Type B
Type B
50(1)(a)
Type B
50(1)(b)
Type B
Type B
52(1)(a)
Type B
52(1)(b)
Type B
52(2)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Column 1
Column 2
Item
Provision
Classification
53(a)
Type B
53(b)
Type B
53(c)
Type B
Type B
Type B
Type B
Type B
Type B
Type B
60(1)
Type B
60(2)
Type B
61(1)
Type B
61(2)
Type B
62(a)
Type B
62(b)
Type B
62(c)
Type B
62(d)
Type B
63(a)
Type B
63(b)
Type A
Type B
65(a)
Type B
65(b)
Type B
65(c)
Type B
66(1)
Type B
66(3)
Type B
Type B
Type B
Type B
70(1)
Type B
70(2)
Type B
70(3)
Type B
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Column 1
Column 2
Item
Provision
Classification
71(2)
Type B
71(3)
Type B
72(a)
Type B
72(b)
Type B
73(1)
Type B
73(3)
Type B
Type A
75(1)
Type B
76(1)(a)
Type B
76(2)(a)
Type B
76(2)(b)
Type B
77(1)
Type A
77(2)
Type A
78(a)
Type A
78(b)
Type A
78(c)
Type A
78(d)
Type A
78(e)
Type A
79(a)
Type B
79(b)
Type B
Type B
81(a)
Type B
81(b)
Type B
82(a)
Type B
82(b)
Type B
83(2)
Type B
83(3)
Type B
84(a)
Type B
84(b)
Type B
84(c)
Type B
85(1)
Type A
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 1 Violations
Column 1
Column 2
Item
Provision
Classification
85(2)
Type A
Type A
87(1)
Type A
87(2)
Type A
Type B
89(1)
Type A
89(2)
Type A
90(1)
Type B
90(2)
Type A
Type A
Current to June 20, 2022 Last amended on February 27, 2016
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations SCHEDULE 2
SCHEDULE 2 (Subsection 4(1))
Penalties Column 1
Column 2
Column 3
Type A Violation
Type B Violation
Total Gravity Item Value
Any Other Any Other Individual Person Individual Person
-3 or less
$250
$1,000
$1,000
$4,000
-2
$595
$2,375
$4,000
$16,000
-1
$990
$3,750
$7,000
$28,000
$1,365
$5,025
$10,000
$40,000
$1,740
$6,300
$13,000
$52,000
$2,115
$7,575
$16,000
$64,000
$2,490
$8,850
$19,000
$76,000
$2,865
$10,125
$22,000
$88,000
5 or more
$3,000
$12,000
$25,000
$100,000
Current to June 20, 2022 Last amended on February 27, 2016
|
CONSOLIDATION
Children’s Sleepwear Regulations
[Repealed, SOR/2016-169, s. 5]
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 Children’s Sleepwear Regulations
Current to June 20, 2022 Last amended on June 22, 2016
ii
|
CONSOLIDATION
Certain Emergency Response Benefits Remission Order
SI/2022-32
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 Emergency Response Benefits Remission Order 1
Remission — Canada emergency response benefit
Remission — employment insurance emergency response benefit
Maximum amount
Coming into force
Current to June 20, 2022
ii
Registration SI/2022-32 June 22, 2022
FINANCIAL ADMINISTRATION ACT Certain Emergency Response Benefits Remission Order P.C. 2022-617
June 2, 2022
Her Excellency the Governor General in Council, considering that the collection of certain amounts is unreasonable, on the recommendation of the Treasury Board and the Minister of Employment and Social Development, pursuant to subsection 23(2.1)a of the Financial Administration Actb, makes the annexed Certain Emergency Response Benefits Remission Order.
a
S.C. 1991, c. 24, s. 7(2)
b
R.S., c. F-11
Current to June 20, 2022
Remission — Canada emergency response benefit 1 (1) Remission of the amount determined under subsection (2) is granted to any person who meets the following conditions: (a) the person received an income support payment
under the Canada Emergency Response Benefit Act for a four-week period in which they were not eligible for the payment, and the person has repaid or is to repay the payment under subsection 12(1) of that Act; (b) for that four-week period, the person would have
been eligible for a Canada emergency student benefit under the Canada Emergency Student Benefit Act if they had not received the income support payment for that period; (c) the person did not receive a Canada emergency
student benefit for that period; (d) the person applied for the income support payment for that period not later than September 30, 2020; (e) the person files with the Minister of National Revenue, not later than December 31, 2022, a return of income under the Income Tax Act in respect of each of the 2019 and 2020 taxation years; and (f) the person applies for the remission in the form
and manner specified by the Minister of Employment and Social Development.
Amount remitted (2) Subject to section 3, the amount to be remitted is equivalent to the amount of the income support payment received by the person for the four-week period referred to in paragraph (1)(a).
Remission — employment insurance emergency response benefit 2 (1) Remission of the amount determined under subsection (2) is granted to any person who meets the following conditions: (a) the person received an employment insurance emergency response benefit under the Employment Insurance Act for a two-week period in which they were not eligible for the benefit and, under section 43 of that Act, the person has repaid or is to repay the benefit or, under section 44 of that Act, has returned or is to return the benefit;
Current to June 20, 2022
Certain Emergency Response Benefits Remission Order Sections 2-4
(b) during a four-week period that includes at least
one of the weeks in the two-week period referred to in paragraph (a), the person would have been eligible for a Canada emergency student benefit under the Canada Emergency Student Benefit Act if they had not received an employment insurance emergency response benefit for any week in that four-week period; (c) the person did not receive a Canada emergency student benefit for that four-week period; (d) the person applied for an employment insurance
emergency response benefit for the two-week period referred to in paragraph (a) not later than September 30, 2020; (e) the person files with the Minister of National Revenue, not later than December 31, 2022, a return of income under the Income Tax Act in respect of each of the 2019 and 2020 taxation years; and (f) the person applies for the remission in the form and manner specified by the Canada Employment Insurance Commission.
Amount remitted (2) Subject to section 3, the amount to be remitted is equivalent to the amount of the employment insurance emergency response benefit that the person has repaid, is to repay, has returned or is to return for the weeks included in a four-week period referred to in paragraph (1)(b).
Maximum amount 3 The amount to be remitted to a person for a four-week
period referred to in paragraph 1(1)(b) or 2(1)(b) must not exceed the amount of the Canada emergency student benefit that the person would have received for that period if they had applied for that benefit under section 5 of the Canada Emergency Student Benefit Act and had not received any income support payment or employment insurance emergency response benefit for any part of that period. Coming into force 4 This Order comes into force on the day on which it is
made.
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
Critical Habitat of the Striped Bass (Morone saxatilis) St. Lawrence River Population Order
SOR/2022-2
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 Striped Bass (Morone saxatilis) St. Lawrence River Population Order 1
Application
Coming into force
Current to June 20, 2022
ii
Registration SOR/2022-2 January 10, 2022
SPECIES AT RISK ACT Critical Habitat of the Striped Bass (Morone saxatilis) St. Lawrence River Population Order
Whereas the Striped Bass (Morone saxatilis) St. Lawrence 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 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 Striped Bass (Morone saxatilis) St. Lawrence River Population Order. Ottawa, January 6, 2021
La ministre des Pêc
Joyce Cathe 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 Striped Bass (Morone saxatilis) St. Lawrence River Population Order
Application 1 Subsection 58(1) of the Species at Risk Act applies to
the critical habitat of the Striped Bass (Morone saxatilis) St. Lawrence River 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 Cap Tourmente National Wildlife Area as described in Part III of Schedule I to the Wildlife Area Regulations, and in Cap-Saint-Ignace Bird Sanctuary, L’Islet Bird Sanctuary, Montmagny Bird Sanctuary, Saint-Vallier Bird Sanctuary and Trois-Saumons Bird Sanctuary as described in Part V of the schedule to the Migratory Bird Sanctuary Regulations.
Coming into force 2 This Order comes into force on the day on which it is
registered.
Current to June 20, 2022
|
CONSOLIDATION
Cultural Property Export Regulations
C.R.C., c. 449
Current to June 20, 2022 Last amended on June 17, 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 June 17, 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 June 17, 2015
TABLE OF PROVISIONS Regulations Respecting the Export from Canada of Cultural Property 1
Short Title
Interpretation
Application for an Export Permit
Export Permits
Terms and Conditions
Removal of an Object from Canada Under Paragraph 7(c) of the Act
Notice of Return of an Object to Canada
Objects Requiring Copies To Be Deposited
Shipping Requirements
Application for a General Permit
Cultural Property General Permit Declaration
Lost Permits SCHEDULE I SCHEDULE II SCHEDULE III
Current to June 20, 2022 Last amended on June 17, 2015
ii
Cultural Property Export Regulations TABLE OF PROVISIONS
SCHEDULE IV SCHEDULE V
Current to June 20, 2022 Last amended on June 17, 2015
iv
CHAPTER 449
CULTURAL PROPERTY EXPORT AND IMPORT ACT INTERPRETATION ACT
Cultural Property Export Regulations
Regulations Respecting the Export from Canada of Cultural Property
Short Title 1 These Regulations may be cited as the Cultural Property Export Regulations. SOR/2015-155, s. 1(F).
Interpretation [SOR/2015-155, s. 2(F)]
2 The following definitions apply in these Regulations.
Act means the Cultural Property Export and Import Act. (Loi) object means any object or class of objects described in subsection 4(2) of the Act that is included in the Control List. (objet) public record means any original documentary material made by or received by a public authority or the predecessor in the territory that is now Canada of that public authority that contains information relating to the organization, function, procedure, policy or activity of that public authority. (pièce d’archives publiques) SOR/2015-155, s. 3.
Application for an Export Permit 3 An application for an export permit to export any object shall be made in the form established by the Minister, signed by the applicant and forwarded to a permit officer. SOR/2015-155, s. 4.
4 The following information shall be furnished and forwarded with an application referred to in section 3 in respect of the object to which the application applies:
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Application for an Export Permit Sections 4-5
(a) the name, address and telephone number of the applicant; (b) where the applicant is not the owner of the object, the name, address and telephone number of the owner; (c) the name, address and telephone number of the shipper or consignor; (d) the name, address and telephone number of the consignee; (e) subject to section 6, a description of the object in
sufficient detail to clearly identify it; (f) the proposed date of export of the object; (g) details in respect of the purpose of exporting the
object; (h) the fair market value in Canada or, if sold, the selling price of the object; (i) any information requested by the permit officer to
whom the application is made or by any expert examiner to whom the application has been referred or by the Minister if, in the opinion of one of them, the information furnished by the applicant requires clarification, or the identification of the object, is not in sufficient detail; (j) documentary evidence indicating the proposed destination of the object; and (k) any other information that is required. SOR/2015-155, s. 5.
5 (1) Subject to subsections (3) and (4), there shall be
included with an application for an export permit in respect of an object a photograph or, in the case of an object that is a document, a photograph or photostatic copy of the object, satisfactory to the Minister, where the application is in respect of (a) an object described in paragraph 2(a), (b) or (e) of Group I of the Control List; (b) an object described in paragraph 3(a), (b), (c) or (d) of Group I of the Control List; (c) an object or collection of objects described in item 4 of Group I of the Control List; (d) an object described in any item in Group II, III, IV, V or VI of the Control List;
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Application for an Export Permit Sections 5-6
(e) an object described in paragraph 2(a) or (b), 3(a)
or (b), 4(a) or (b) or 5(a) or (b) of Group VII of the Control List; and (f) an object, other than a printed book, described in item 7 of Group VII of the Control List. (2) Subject to subsection (4), there shall be included with an application for an export permit in respect of a collection of objects described in paragraph 2(c) of Group I of the Control List a photograph, satisfactory to the Minister, of each specimen in the collection. (3) For the purposes of subsection (1), where an object
described in paragraph (1)(e) or (f) contains more than 12 pages, the application for an export permit for that object need include only photograph or photostatic copies satisfactory to the Minister of 12 pages that are representative of the object as a whole. (4) Subsections (1) and (2) do not apply to an application
for an export permit in respect of the following objects: (a) an object referred to in paragraph 7(a) of the Act that was imported into Canada for a temporary purpose, other than resale, if the application includes (i) a permit or document described in subparagraph 6(c)(i), (ii) an A.T.A. Carnet graph 6(c)(iii), or (iii) a
declaration graph 6(c)(iv);
described described
in in
subparasubpara(b) an object referred to in paragraph 7(b) of the Act if
the application includes the reference number used by the institution or public authority to identify or catalogue the object; and (c) an object referred to in paragraph 7(c) of the Act that is to be exported by an institution or public authority if the application includes the inventory number, accession number or other reference number used by the institution or public authority to identify or catalogue the object. SOR/2015-155, s. 6.
6 When an application is being made for an export permit in respect of an object to which section 7 of the Act applies, the object may be identified in the application by setting out (a) the name of the object; (b) the name of the maker of the object; and
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Application for an Export Permit Sections 6-10
(c) the reference number (i) of the export permit issued by the government
of the foreign state if that state authorized the exportation of the object into Canada, or the shipping document covering the entry into Canada of the object that clearly identifies the object if a copy of the export permit or shipping document, as the case may be, or a translation of it in one of the official languages, is forwarded with the application, (ii) issued by an institution or public authority in Canada to identify or catalogue the object, (iii) of an A.T.A. Carnet referred to in the Temporary Importation (Tariff Item No. 9993.00.00) Regulations that was issued in respect of the object on the last occasion the object was imported into Canada, or (iv) of the appropriate import declaration made by the person who imported the object on the last occasion the object was imported into Canada. SOR/2015-155, s. 7.
7 When an application is being made for an export permit in respect of an object to which paragraph 7(a) of the Act applies, documentary evidence or a signed declaration by the applicant is required to establish that the object in respect of which the application is made was imported into Canada within the 35 years immediately preceding the date of the application and was not exported from Canada under a permit issued under the Act prior to that importation. SOR/2015-155, s. 8.
8 When a permit officer refers an application for an export permit to an expert examiner for consideration under subsection 8(3) of the Act, the expert examiner may, for the purpose of making a determination under section 9 of the Act, require the applicant to produce the object for their examination. SOR/2015-155, s. 8.
Export Permits 9 An export permit shall be issued in the form established by the Minister. SOR/2015-155, s. 9.
10 (1) An export permit shall only be valid for a period equal to 90 days calculated from the day the permit was issued. (2) When a person to whom an export permit has been issued requires the reinstatement of the permit when the
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Export Permits Sections 10-12
permit has lapsed or has been suspended or cancelled, or an amendment to the permit, they shall forward the permit to the Minister with a request for reinstatement or amendment, as the case may be, and the reasons for it. SOR/2015-155, s. 10.
Terms and Conditions 11 Where an export permit has been issued under the
Act, the person to whom the permit was issued shall, at the request of the Minister, provide any information that may be necessary to verify any statement made by that person in the application for the export permit and any information to establish (a) the identity of the consignee referred to in the application; (b) whether or not the object referred to in the export permit was delivered to the consignee; and (c) where the object was sold, the selling price of the
object. SOR/2015-155, s. 11(F).
Removal of an Object from Canada Under Paragraph 7(c) of the Act [SOR/2015-155, s. 12]
12 (1) A permit officer shall issue an export permit under paragraph 7(c) of the Act if the applicant for the permit certifies and establishes to that officer’s satisfaction that the object is to be removed from Canada for any of the following purposes: (a) appraisal; (b) authentication; (c) conservation; (d) exhibition; (e) on loan; (f) processing; (g) research; (h) restoration or repair; or (i) as personal effects.
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Removal of an Object from Canada Under Paragraph 7(c) of the Act Sections 12-14
(2) The length of time for which an object may be removed from Canada under an export permit issued under paragraph 7(c) of the Act shall be for a period not exceeding five years. (3) A person who applies for an export permit to export an object under paragraph 7(c) of the Act shall include in their application for the permit a written undertaking that they will return the object for which the permit was issued to Canada within the time prescribed in the permit. SOR/2015-155, s. 13.
13 If an object is removed from Canada under an export
permit issued under paragraph 7(c) of the Act, the person to whom the permit was issued shall, at any time on the request of the Minister, forward to the Minister the following information: (a) details in respect of the place where the object is
located or has been located during the period it is removed from Canada; and (b) where the object is damaged, destroyed or lost during the period it is removed from Canada, the details in respect of such damage, destruction or loss. SOR/2015-155, s. 14.
Notice of Return of an Object to Canada [SOR/2015-155, s. 15]
14 (1) If an object has been removed from Canada under an export permit issued under paragraph 7(c) of the Act, the person to whom the permit was issued shall, within 15 days following the day on which the object is returned to Canada, forward to the Minister (a) a Notice of Return in the form established by the
Minister; and (b) proof satisfactory to the Minister that the object
described in the Notice of Return is the object for which the export permit was issued. (2) The following information shall be furnished in the Notice of Return referred to in subsection (1): (a) the exporter’s name, address and telephone number; (b) the reference number of the export permit issued
in respect of the object; and
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Notice of Return of an Object to Canada Sections 14-15
(c) documentary evidence indicating the port of entry
and the day of entry of the object into Canada. SOR/2015-155, s. 16.
Objects Requiring Copies To Be Deposited 15 The following classes of objects are prescribed for the purposes of section 14 of the Act: (a) any original archive of national historic interest if
it was made in the territory that is now Canada, made out of the territory by a person who at any time normally resided in the territory or made out of the territory and relates to the history or national life of Canada, namely, (i) a textual record or document in manuscript form, (ii) a map, cartographic record or document in manuscript form, (iii) a map, cartographic record or document in
printed form made prior to the year 1850, (iv) a design, pictorial record or document in
manuscript form, (v) a design, pictorial record or document in printed form made prior to the year 1880, or (vi) a photograph, photographic record or document made prior to the year 1900; and (b) any original public record made or received by a
public authority that is a (i) document in graphic or textual form, (ii) photograph, (iii) cinematographic film, or (iv) sound recording. SOR/2015-155, s. 17.
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Shipping Requirements Sections 16-19
Shipping Requirements 16 Every exporter of an object, or their authorized agent or mandatary, shall, before exporting the object described in the export permit issued in respect of that object, give the export permit to the collector of customs at the port of export. SOR/2015-155, s. 18.
17 When an exporter exports an object by means of
Canada Post, the exporter shall give the export permit to the postmaster at the time of posting. SOR/2015-155, s. 18.
Application for a General Permit 18 An application for a general permit referred to in
subsection 17(1) of the Act shall be made in the form established by the Minister, signed by the applicant and forwarded to the Minister. SOR/2015-155, s. 19.
19 The following information shall be furnished and forwarded with an application referred to in section 18: (a) the name, address and telephone number of the applicant; (b) the detailed reasons for the application setting out (i) the area of the applicant’s business specialization, and (ii) the inconvenience, if any, to obtain an export
permit in respect of the individual export of objects; (c) a list describing any object exported under an export permit by the applicant during the six-month period preceding the date of the application together with the details in respect of each permit issued during that period; (d) the details of any current general permit held by
the applicant; (e) the volume of the applicant’s commercial activities in respect of the purchase and sale of any objects; (f) the number of employees of the applicant, the distance between the applicant’s place of business and the nearest office of a permit officer; (g) any information requested by the Minister when,
in the Minister’s opinion, the information furnished by the applicant requires clarification; and
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Application for a General Permit Sections 19-23
(h) any other information that is required. SOR/2015-155, s. 20.
20 A general permit referred to in subsection 17(1) of
the Act shall be issued in the form established by the Minister. SOR/2015-155, s. 21.
Cultural Property General Permit Declaration 21 No person shall export any object under a general permit issued to them under subsection 17(1) of the Act unless that person or a person authorized to sign a Cultural Property General Permit Declaration by the general permit under which the object is to be exported, before exporting the object, completes a Cultural Property General Permit Declaration in respect of that object. SOR/2015-155, s. 22.
22 (1) A Cultural Property General Permit Declaration referred to in section 21 shall be in the form established by the Minister. The form shall be signed by one of the persons referred to in section 21 and shall state that the object intended for export from Canada is an object authorized to be exported from Canada under a general permit and that the conditions set out in that general permit have been met. (2) When an object is to be exported under a general permit issued under subsection 17(1) of the Act, the declaration referred to in section 21 (a) shall be given to the postmaster, if the object is to
be sent by means of Canada Post; or (b) shall be given to the collector of customs at the
port of export, if the object is to be sent by means other than Canada Post. SOR/2015-155, s. 22.
Lost Permits [SOR/2015-155, s. 23(F)]
23 Where a permit issued under the Act has been lost or
destroyed, the person to whom it was issued may request from the Minister a certified true copy of the permit and shall, in so requesting,
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations Lost Permits Section 23
(a) submit a statutory declaration stating whether the
permit has been lost or destroyed and an explanation of the loss or destruction; and (b) in the case of a permit that has been lost, submit an undertaking to return to the Minister, without delay, the original permit, if it is found. SOR/2015-155, s. 24(F).
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations SCHEDULE I
SCHEDULE I [Repealed, SOR/2015-155, s. 25]
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations SCHEDULE II
SCHEDULE II [Repealed, SOR/2015-155, s. 25]
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations SCHEDULE III
SCHEDULE III [Repealed, SOR/2015-155, s. 25]
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations SCHEDULE IV
SCHEDULE IV [Repealed, SOR/2015-155, s. 25]
Current to June 20, 2022 Last amended on June 17, 2015
Cultural Property Export Regulations SCHEDULE V
SCHEDULE V [Repealed, SOR/2015-155, s. 25]
Current to June 20, 2022 Last amended on June 17, 2015
|
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
Canada Oil and Gas Land Regulations
C.R.C., c. 1518
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 Administration and Disposition of Oil and Gas Belonging to Her Majesty in Right of Canada Under all Lands Forming Part of Canada but not Within any Province
Short Title
Interpretation
Application
Land Division
Surveys
Monuments
Exploration Wells
Development Wells
Prohibition
PART I
Licences, Exploration Agreements and Permits 24
Exploratory Licences
Exploration Agreements
Petro-Canada Limited
Permittees
Term of Permit
Permit Renewal
Deposits
Current to June 20, 2022
ii
Canada Oil and Gas Land Regulations TABLE OF PROVISIONS
Expenditures
Grouping
Reports
Oil and Gas Leases
Oil and Gas Lease upon Application
Other Leasing
Powers of Lessee
Lease Area
Term of Lease
Obligation to Lease
Publication upon Surrender or Cancellation
Transfer of Permit or Lease
Surrender of Oil and Gas Lease
Rental
Reduction of Rental
Royalty
Drilling
Grouping of Leases
Development Drilling
Entry on Lands
Entry on Patented Lands
Arbitration
Appeal From Arbitrator
Enforcement of Order
Reports
Information to be Confidential
Current to June 20, 2022
iv
Canada Oil and Gas Land Regulations TABLE OF PROVISIONS
Inspection
Enforcement
Publication of Orders
Notice
Transitional
PART II
Option 121
Petro-Canada Limited
Canadian Participation Rate
Significant Discoveries
Drilling Orders
Enforcement SCHEDULE I SCHEDULE II SCHEDULE III
Request SCHEDULE IV SCHEDULE V SCHEDULE VI
Current to June 20, 2022
v
CHAPTER 1518
TERRITORIAL LANDS ACT FEDERAL REAL PROPERTY AND FEDERAL IMMOVABLES ACT Canada Oil and Gas Land Regulations
Regulations Respecting the Administration and Disposition of Oil and Gas Belonging to Her Majesty in Right of Canada Under all Lands Forming Part of Canada but not Within any Province
Short Title 1 These Regulations may be cited as the Canada Oil and
Gas Land Regulations.
Interpretation 2 (1) In these Regulations,
allowable expenditure means the expenditure referred to in section 43; (dépenses admissibles) arbitrator means the arbitrator referred to in section 97; (arbitre) bond means bond or other securities of or guaranteed by the Government of Canada; (titre or garantie) Canada lands means (a) territorial lands as defined in the Territorial
Lands Act, and (b) public lands as defined in the Public Lands Grants Act for the sale, lease or other disposition of which there is no provision in the law,
and includes land under water; (terres du Canada) Chief means the administrator of the Canada Oil and Gas Lands Administration of the Department of Energy, Mines and Resources and of the Department of Indian Affairs and Northern Development; (chef)
Current to June 20, 2022
Canada Oil and Gas Land Regulations Interpretation Section 2
commercial quantity means the output of oil or gas from a well that, in the opinion of the Chief, would warrant the drilling of another well in the same area, and in determining that opinion the Chief may consider the costs of drilling and producing and the volume of production; (quantité commerciale) Crown reserve lands means Canada lands in respect of which no interest granted or issued by or pursuant to these Regulations is in force and includes the submerged lands described in Schedule IV; (terres de réserve de la Couronne) Department means, (a) in respect of Canada lands located in that part of
Canada described in Schedule VI, the Department of Indian Affairs and Northern Development, and (b) in respect of Canada lands other than those lands
located in that part of Canada described in Schedule VI, the Department of Energy, Mines and Resources; (ministère) development structure means any structure, facility or undertaking erected for the purpose of drilling an exploratory well or a development well or erected for the production, gathering, storing, processing, transmission or other handling of oil and gas; (plate-forme d’exploitation) development well means a well (a) drilled pursuant to an order made under section 93, or (b) the location of which is, in the opinion of the
Chief, so related to the location of producible wells that there is every probability that it will produce from the same pool as the producible wells; (puits d’extension) exploration agreement means an exploration agreement entered into by the Minister or a person designated by the Minister pursuant to section 30; (contrat d’exploration) exploratory well means any well that is not a development well; (puits de sondage) exploratory work includes test drilling, aerial mapping, surveying, bulldozing, geological, geophysical and geochemical examinations and other investigations relating to the subsurface geology and all work, including the construction and maintenance of those facilities necessarily connected therewith and the building and maintenance
Current to June 20, 2022
Canada Oil and Gas Land Regulations Interpretation Section 2
of airstrips and roads required for the supply of or access to exploratory operations; (travaux de sondage) extraction plant means any plant or equipment, other than a well, used for the extraction of oil or other substances produced in association with oil from surface or subsurface deposits of oil sand, bitumen, bituminous sand, oil shale or other deposits from which oil may be extracted; (usine d’extraction) gas means natural gas and includes all other minerals or constituents produced in association therewith, other than oil, whether in solid, liquid or gaseous form; (gaz) holder means, in relation to any interest granted or issued under these Regulations, the person or persons registered as holder or holders of the interest; (titulaire) interest includes an exploration agreement; (intérêt) legal survey means a survey referred to in section 10; (arpentage officiel) lessee means a person holding an oil and gas lease; (concessionnaire or titulaire de concession ordétenteur de concession) licence means an exploratory licence issued pursuant to section 24; (licence) licensee means a person holding a licence; (titulaire de licence or détenteur de licence) Minister means, (a) in respect of Canada lands located in that part of Canada described in Schedule VI, the Minister of Indian Affairs and Northern Development, and (b) in respect of Canada lands other than those lands located in that part of Canada described in Schedule VI, the Minister of Energy, Mines and Resources; (ministre)
monument means a post, stake, peg, mound, pit, trench or other device used to mark a boundary or the location of a well as set out in a plan of survey approved pursuant to section 11; (borne) offshore means with respect to a drill site, a location within a water-covered area of Canada lands; (au large des côtes) oil means
Current to June 20, 2022
Canada Oil and Gas Land Regulations Interpretation Section 2
(a) crude petroleum and other hydrocarbons regardless of gravity that are produced at a well head in liquid form by ordinary production methods, (b) any hydrocarbons except coal and gas, that may be
extracted or recovered from surface or subsurface deposits of oil sand, bitumen, bituminous sand, oil shale or other deposits, and (c) any other hydrocarbons except coal and gas; (pétrole)
oil and gas lease means an oil and gas lease granted pursuant to section 54 or 57; (concession de pétrole et de gaz) Oil Conservation Engineer means an officer of the Department or other person designated by the Minister; (ingénieur en conservation du pétrole) permit means an exploratory permit issued pursuant to section 30 or 32 or renewed pursuant to section 40, as those sections read before August 3, 1977; (permis) permittee means a person holding a permit; (titulaire de permis or détenteur de permis) Petro-Canada Limited means the corporation established by section 4 of the Petro-Canada Limited Act; (Petro-Canada Limitée) significant discovery means a discovery of oil or gas that justifies the drilling of any well or wells in addition to the well or wells in which the discovery was made; (découverte importante) special renewal permit means a special renewal permit granted pursuant to section 116 or 117; (permis avec clause spéciale de renouvellement) Surveyor General means the person designated as Surveyor General under the Canada Lands Surveys Act; (arpenteur général) target area [Repealed, SOR/80-590, s. 1] well means any opening in the ground that is not a seismic shot hole and that is made, or is in the process of being made, by drilling, boring or any other method, (a) through which oil or gas could be obtained, (b) for the purpose of searching for or obtaining oil or
gas,
Current to June 20, 2022
Canada Oil and Gas Land Regulations Interpretation Sections 2-4
(c) for the purpose of obtaining water to inject into an
underground formation, (d) for the purpose of injecting gas, air, water or other substance into an underground formation, or (e) for any purpose through sedimentary rocks to a depth of at least 500 feet. (puits)
(2) For the purpose of these Regulations, a well is deemed (a) to be abandoned on the day that all cement plugs, as required by the Canada Oil and Gas Drilling and Production Regulations, are set to the satisfaction of the Oil Conservation Engineer; (b) to be completed on the day that the well is first
placed on steady or intermittent production of oil or gas or both, and appears, in the opinion of the Oil Conservation Engineer, capable of maintaining steady or intermittent production; and (c) to be suspended on the day that drilling or production operations are suspended in a manner approved by the Oil Conservation Engineer but the well is not abandoned or completed. (3) Commercial exploitation shall be deemed to begin, with respect to a well or extraction plant, on the day on which the Minister, having considered the economic conditions, decides that a market exists commensurate to the productive capacity of the well or extraction plant. SOR/80-590, s. 1; SOR/82-663, s. 1; 1991, c. 10, s. 19; 1998, c. 14, s. 101(F).
Application 3 These Regulations apply only to Canada lands that are
under the control, management and administration of the Minister.
Land Division 4 For the purposes of these Regulations, Canada lands shall be divided into grid areas.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Land Division Sections 5-7
5 (1) A grid area, the whole or greater part of which lies south of latitude 70°, shall be bounded on the east and west sides by successive meridians of longitude of the series 50°00′00″, 50°15′00″, 50°30′00″, which series may be extended as required, and on the north and south sides by straight lines joining the points of intersection of the east and west boundaries with successive parallels of latitude of the series 40°00′00″, 40°10′00″, 40°20′00″, which series may be extended as required. (2) A grid area, the whole of which lies north of latitude
70°, shall be bounded on the east and west sides by successive meridians of longitude of the series 50°00′00″, 50°30′00″, 51°00′00″, which series may be extended as required and on the north and south sides by straight lines joining the points of intersection of the east and west boundaries with successive parallels of latitude of the series 70°00′00″, 70°10′00″, 70°20′00″, which series may be extended as required. (3) Every grid area shall be referred to by the latitude and longitude of the northeast corner of that grid area. 6 (1) Between latitudes 40° and 60° and between latitudes 70° and 75° the boundary (a) between the north and south halves of a grid area is the north boundary of sections 5, 15, 25, 35, 45, 55, 65, 75, 85 and 95; and (b) between the east and west halves of a grid area is
the west boundary of sections 41 to 50. (2) Between latitudes 60° and 68° and between latitudes 75° and 78° the boundary (a) between the north and south halves of a grid area is the north boundary of sections 5, 15, 25, 35, 45, 55, 65 and 75; and (b) between the east and west halves of a grid area is
the west boundary of sections 31 to 40. (3) Between latitudes 68° and 70° and between latitudes 78° and 85° the boundary (a) between the north and south halves of a grid area is the north boundary of sections 5, 15, 25, 35, 45 and 55; and (b) between the east and west halves of a grid area is
the west boundary of sections 21 to 30. 7 (1) Every grid area shall be divided into sections.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Land Division Section 7
(2) A section shall be bounded on the east and west sides
by meridians spaced, (a) in the case of a section within a grid area, the
whole or greater part of which lies between latitudes 40° and 60° or between latitudes 70° and 75°, at intervals of one-tenth of the interval between the east and west boundaries of the grid area; (b) in the case of a section within a grid area, the
whole or greater part of which lies between latitudes 60° and 68° or between latitudes 75° and 78°, at intervals of one-eighth of the interval between the east and west boundaries of the grid area; and (c) in the case of a section within a grid area, the
whole or greater part of which lies between latitudes 68° and 70° or between latitudes 78° and 85°, at intervals of one-sixth of the interval between the east and west boundaries of the grid area. (3) A section shall be bounded on the north and south sides by straight lines drawn parallel to the north and south boundaries of the grid area and spaced at intervals of one-tenth of the interval between the north and south boundaries of the grid area. (4) A section shall be identified by the number to which
it corresponds, (a) in the case of a grid area described in paragraph (2)(a), as follows: 100
49 48 47 46 95
45 44 43 42
(b) in the case of a grid area described in paragraph (2)(b), as follows:
Current to June 20, 2022
Canada Oil and Gas Land Regulations Land Division Sections 7-9
39 38 37 36 75
35 34 33 32
(c) in the case of a grid area described in paragraph (2)(c), as follows: 60
29 28 27 26 55
25 24 23 22
8 (1) Every section shall be divided into units. (2) Every unit shall be bounded on the east and west sides by meridians spaced at intervals of one-quarter of the interval between the east and west boundaries of the section. (3) Every unit shall be bounded on the north and south sides by straight lines drawn parallel to the north and south boundaries of the section and spaced at intervals of one-quarter of the interval between the north and south boundaries of the section. (4) Every unit shall be identified by the letter to which it corresponds in the following diagram: M
N
O
P
L
K
J
I
E
F
G
H
D
C
B
A
9 All latitudes and longitudes used in these Regulations shall be referred to the North American Datum of 1927. SOR/80-590, s. 2.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Surveys Sections 10-11
Surveys 10 (1) Subject to these Regulations, the provisions of The Canada Lands Surveys Act apply to any legal survey made pursuant to these Regulations. (2) No person shall make a legal survey of Canada lands
other than a Canada Lands Surveyor. (3) A Canada Lands Surveyor may enter upon a permit area, lease area or development structure for the purpose of making a legal survey or other positional surveys if he gives prior written notice to the Chief. (4) The lessee, permittee, holder or operator Of a development structure shall give reasonable assistance to a Canada Lands Surveyor entering under subsection (3).
(5) Any legal survey shall be authorized and paid for by
the permittee, holder or lessee as the case may be. SOR/80-590, s. 3; 1998, c. 14, s. 102(F).
11 (1) Every plan of legal survey shall be signed by the
surveyor and submitted to the Surveyor General together with the surveyor’s field notes annexed to an affidavit of the surveyor verifying that he has executed the legal survey faithfully, correctly and in accordance with these Regulations and with any instructions issued to him by the Surveyor General. (2) Every plan of legal survey shall, where relevant, show (a) the position, direction and length of the boundaries of grid areas and divisions thereof; (b) the position of existing wells; (c) the nature and position of any monument used to
mark, or placed as a reference to, any boundary or position referred to in paragraph (a) or (b); and (d) any road allowance, surveyed road, railway, pipeline, high voltage power lines or other right of way, dwellings, industrial plants, permanent buildings, air fields and existing or proposed fight ways. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
Current to June 20, 2022
Canada Oil and Gas Land Regulations Surveys Sections 12-15
12 (1) Where any uncertainty or dispute arises respecting the position of any well or boundary, the Chief may require a permittee, holder or lessee to file a plan of legal survey, approved by the Surveyor General, showing the well or boundary in respect of which the uncertainty or dispute has arisen. (2) A plan of legal survey shall show the position of such wells, boundaries and references as the Chief may specify. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
13 The Surveyor General may, at the request of a permittee, lessee or holder, approve a plan of legal survey of the whole or part of a grid area, permit area, lease area, section, unit or the position of a well. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
Monuments 14 The ground position of a grid area, permit area, lease area, section, unit or well may, in the discretion of the Surveyor General, be surveyed by reference to (a) a monument shown on a plan of legal survey that has been approved by the Surveyor General; (b) a geodetic survey triangulation station; (c) a geodetic survey Shoran station; (d) a marker placed for the purpose of marking a territorial boundary; (e) a monument as defined in the Dominion Lands
Surveys Act or the Canada Lands Surveys Act; (f) a physical feature, the geographical position of which has been determined by means of a Shorancontrolled photogrammetric process; (g) a marker, the geographic position of which has
been determined by astronomic means; or (h) any other marker approved by the Surveyor General. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
15 (1) Where a monument shown on a plan of legal survey is damaged, destroyed, moved or altered as a result of the operations of a licensee, permittee, holder or lessee,
Current to June 20, 2022
Canada Oil and Gas Land Regulations Monuments Sections 15-17
he shall report the matter to the Chief as soon as possible and shall (a) pay to the Receiver General of Canada the cost of restoration or re-establishment of the monument; or (b) with the consent of the Surveyor General, cause
the monument to be restored or re-established at his own expense. (2) Every permittee, lessee or holder shall maintain and keep in good repair all monuments that are located on or mark the boundaries of his permit area or lease area as the case may be. (3) The restoration or re-establishment of a monument under subsection (1) shall be done by a Canada Lands Surveyor under the instruction of the Surveyor General. (4) A permittee, lessee or holder shall give the Surveyor General and the Chief at least three months notice of any planned movement of an offshore development structure to which legal survey monuments have been attached and such movement shall not constitute movement of the monuments under subsection (1). (5) A licensee, permittee, lessee or holder shall report
the destruction, damage to, movement or alteration of any monument to the Chief forthwith after he has knowledge of it. SOR/80-590, s. 3; 1998, c. 14, ss. 101(F), 102(F).
16 Where the position of any boundary of a grid area, permit area, lease area, section or unit or the position of a well has been established by a legal survey approved by the Surveyor General pursuant to these Regulations, the position of that boundary or well so established shall be deemed to be the true position thereof, notwithstanding that the boundary or well is found not to be located in the position required by these Regulations and shall determine the position of all other sections or units that lie within the grid area. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
17 (1) Where, owing lo a discordance of reference
points or imprecisions in measuring, a subsequently surveyed grid area, section or unit appears to overlap a grid area, section or unit the position of which is deemed to be true by section 16, the subsequently surveyed grid area, section or unit shall be laid out and surveyed as though no overlap existed except that it shall be reduced by that portion that lies within the overlap.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Monuments Sections 17-19
(2) Subject to subsection (1), a grid area that has been reduced pursuant to subsection (1) shall, for the purpose of these Regulations, be considered to be a whole grid area. (3) Where, owing to a discordance of reference points or imprecisions in measuring, a parcel of Canada lands appears not to lie within a grid area, that parcel may be disposed of pursuant to subsection 30(7) or section 57. SOR/80-590, s. 3.
Exploration Wells 18 Every licensee, permittee, holder or lessee shall, before drilling an exploratory well offshore, send to the Oil Conservation Engineer three prints of a tentative plan showing the locations of the proposed drilling and a description of the system and method of positioning the well. SOR/80-590, s. 3.
19 (1) Every permittee, holder or lessee shall, before the suspension or abandonment of any exploratory well, send to the Oil Conservation Engineer a plan that clearly shows the surveyed position of that well relative to (a) a reference point referred to in section 14; or (b) a topographical feature that is identifiable on (i) a map that has been published by or on behalf of
the Government Of Canada within three years immediately preceding the date on which the plan is submitted, or (ii) a vertical aerial photograph, of mapping standard, obtained from the National Air Photo Library or from such other source as may be acceptable to the Surveyor General. (2) Where an aerial photograph is used pursuant to
paragraph (1)(b), that photograph shall be sent to the Oil Conservation Engineer together with the plan. (3) A permittee, lessee or holder may, in lieu of the plan
referred to in subsection (1), send to the Oil Conservation Engineer the aerial photograph referred to in subparagraph (1)(b)(ii) on which the surface position of the exploratory well has been clearly marked in a manner acceptable to the Surveyor General, after the position thereof has been determined by a field comparison between the site and the photograph.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Exploration Wells Sections 19-21
(4) Where a suspended or abandoned exploratory well is offshore, the electrical centres and other shore stations from which the position of the well was determined shall be permanently marked and the plan referred to in subsection (1) shall be accompanied by a report on the survey system describing all assumed parameters of the survey system and the shore station markings. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
20 Every licensee permittee, lessee or holder shall, as
soon as possible after an exploratory well is completed, send to the Oil Conservation Engineer three prints of a legal survey, approved by the Surveyor General showing the surface position of the well and the boundaries of the unit and section in which the well is located. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
Development Wells 21 (1) Every permittee, lessee or holder shall, before drilling a development well, send to the Oil Conservation Engineer three prints of a tentative plan showing the approximate surface position of the proposed well and the proposed location of the well at total depth.
(2) In the case of a development well on land, the permittee, lessee or holder shall (a) within sixty days of commencing drilling, submit to the Surveyor General for approval a plan of legal survey showing the surface position of the well and the boundaries of the unit and section in which the well is located; and (b) on request of the Chief, submit three prints of a plan showing the locus of the drillhole with respect to the unit and section boundaries. (3) In the case of a fixed offshore development structure, the permittee, lessee or holder shall (a) as soon as possible after the erection of the development structure, submit to the Surveyor General for approval a plan of legal survey showing the unit and section in which the structure is situated and the positions of at least two monuments of the legal survey permanently fixed to the structure; and
Current to June 20, 2022
Canada Oil and Gas Land Regulations Development Wells Sections 21-24
(b) on request of the Chief, submit three prints of a plan showing the locus of the drillhole with respect to the unit and section boundaries and the position of the monuments of the legal survey. SOR/80-590, s. 3; 1998, c. 14, s. 101(F).
22 (1) A tentative plan shall be approved by the Chief
prior to the construction, alteration or extension of any work or works in the offshore that will, on completion thereof form all or part of an undertaking for the production, gathering, storing, processing transmission or other handling of oil and gas and such plans shall show the proposed work or works and the system of survey to be used in positioning the work or works. (2) A final plan satisfactory to the Chief shall, on his request, be submitted to him within six months from the completion of any part of an undertaking described in subsection (1). SOR/80-590, s. 3.
Prohibition 23 (1) No person shall, for the purpose of searching for
oil or gas, carry out exploratory work on Canada lands except as authorized by these Regulations. (2) No person shall produce, mine, quarry or extract
from Canada lands any oil, gas or other minerals or substances that are produced, mined, quarried or extracted in association with any oil or gas except as authorized by these Regulations.
PART I
Licences, Exploration Agreements and Permits Exploratory Licences 24 (1) Any individual who is 21 years of age or over may submit an application for a licence. (2) Any corporation that is registered with the Registrar of companies pursuant to the Companies Ordinance of the Northwest Territories may submit an application for
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Exploratory Licences Sections 24-27
a licence with respect to Canada lands within the Northwest Territories. (3) Any corporation that is entitled to carry on business
in any province may submit an application for a licence with respect to Canada lands outside the Northwest Territories. (4) Every person who submits an application for a licence shall forward his application to the Chief or Oil Conservation Engineer, together with the fee set out therefor in Schedule I. 25 (1) Upon receipt of an application referred to in section 24, the Chief or the Oil Conservation Engineer may issue a licence to the applicant. (2) Every licence issued under subsection (1) expires on
March 31st next following the date on which it was issued. (3) No person shall assign or transfer a licence and any
purported assignment or transfer of a licence is void. 26 (1) Subject to subsection (2), a licensee may, for the purpose of searching for oil or gas enter upon and use the surface of any Canada lands in order to (a) make geological or geophysical examinations; (b) carry out aerial mapping; or (c) investigate the subsurface.
(2) No licensee shall enter upon Canada lands that have
been disposed of in any way by Her Majesty, except Canada lands that are included in a permit or oil and gas lease granted under these Regulations, unless the licensee has obtained (a) the consent of the occupier thereof; or (b) an order for entry from the arbitrator. 27 No licensee shall drill on any Canada lands a hole deeper than 1,000 feet unless (a) in the case of Canada lands included in a permit or
lease, the licensee has obtained the written consent of the permittee or lessee; or (b) in the case of Canada lands not included in a permit or lease, the licensee has obtained the written consent of the Chief.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Exploratory Licences Sections 27-30
28 Every licensee who carries out work on Canada lands
not held by him under permit or lease shall, upon completion of the work, furnish the Chief with three copies of (a) a map on a scale of not less than 4 miles to 1 inch
showing the area covered by the examination and indicating the location of all roads and airstrips: (b) information obtained as to the presence of water,
coal, gravel, sand or other potentially useful minerals; and (c) all reports, photographs, maps and data referred to in section 53.
29 A licensee shall upon request by the Oil Conservation
Engineer report the location and progress of any field party employed by the licensee.
Exploration Agreements 30 (1) The Minister may, subject to this section, enter into an exploration agreement with any person relating to Crown reserve lands. (2) An exploration agreement may provide for any matter relating to exploration for or development of oil or gas and, in particular, but without restricting the generality of the foregoing, may provide terms and conditions for (a) payment and disposition of deposits, (b) work programs and drilling requirements, (c) reporting and disclosure of information, (d) grouping of land areas described in exploration agreements, and (e) surrender, cancellation and transfer of rights under the agreement,
but so long as this section is in force and unless otherwise specified in this section or section 31 or 32 or in the exploration agreement, the provisions of these Regulations relevant to a permit shall apply to an exploration agreement.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Exploration Agreements Section 30
(3) Subject to subsection (7), before entering into any exploration agreement, the Minister shall publish a notice in the Canada Gazette and in any other publication he considers appropriate calling for the submission of proposals in respect of the interests to be conferred by the agreement. (4) A notice calling for the submission of proposals under subsection (3) shall be published at least 60 days before the closing date fixed in the notice for the submission of proposals and shall set out any requirement or matter applicable to persons submitting proposals, including (a) the amount of any deposit required and the conditions for its return; (b) any work requirements, the term of the agreement
and any rental payable; (c) the royalty payable in respect of any oil or gas produced under a lease granted under section 54 if different from that payable under section 85; (d) any requirements for (i) Canadian equity participation, (ii) participation by the Government of Canada or any department, branch or agency thereof, or (iii) employment of Canadian goods and services;
and (e) such other terms and conditions as the Minister may determine. (5) In selecting any proposal submitted pursuant to this section for the purpose of negotiating an exploration agreement, the Minister shall take into account any factors he considers appropriate in the public interest but is not bound to select any particular proposal submitted. (6) Where no proposal is submitted before the closing
date specified in a notice calling for the submission of proposals, the Minister may, within 90 days after that closing date, enter into an exploration agreement with any person on such terms and conditions as the Minister may determine. (7) An exploration agreement may be entered into without a notice calling for the submission of proposals where (a) the Minister does not consider it to be in the public interest to give such a notice owing to the limited
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Exploration Agreements Sections 30-32
area or the location of land available or owing to the need to act expeditiously; or (b) the agreement is to be with Petro-Canada in respect of lands selected by Petro-Canada Limited for exploration and development pursuant to section 33. 1991, c. 10, s. 19.
31 (1) An exploration agreement shall be for a term not
exceeding 10 years from the date the agreement takes effect and may be renewed for a term or terms not exceeding 10 years in the aggregate. (2) An exploration agreement and any renewal thereof
shall be subject to such terms and conditions as are determined by the Minister. (3) Notwithstanding subsection (1), where the holder of
an exploration agreement makes a significant discovery during the term of the agreement and a declaration thereof made under section 124 is in force on the expiration of the term, the exploration agreement continues in force, in respect of any grid area that is specified in the declaration, for so long as the declaration is in force, and the terms and conditions and royalty provisions that applied during the term of the agreement shall continue to apply during the continuation thereof. 32 (1) Subject to these Regulations, a person acting under an exploration agreement may, for the purpose of searching for or developing oil or gas, enter on and use any land described in the agreement in order to (a) carry out or cause to be carried out exploratory work and the drilling of wells without limitation as to depth, including delineation and development wells; (b) mine, quarry, extract and produce from the land
such quantities of oil or gas or other minerals and substances in association therewith as, in the opinion of the Minister or person designated by the Minister, are necessary for test purposes or for conducting the operations by any person acting under the exploration agreement; and (c) carry out any other work or activity agreed to under the exploration agreement. (2) Subject to these Regulations, every exploration agreement confers on the holder thereof the exclusive option to obtain an oil and gas lease for the Canada lands described thereof.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Petro-Canada Limited Section 33
Petro-Canada Limited [1991, c. 10, s. 19]
33 (1) Subject to subsections (2) to (8), Petro-Canada
Limited has the right, in priority to any other person, (a) during a period of one year commencing on August 3, 1977, to select lands from among the lands that are Crown reserve lands on such date in the manner and quantities approved by the Minister or a person designated by the Minister; and (b) during a period of seven years commencing on August 3, 1977, to select, in the manner approved by the Minister or a person designated by the Minister, within one year from the date the Minister or a person designated by the Minister gives notice that the lands are available for selection, up to a maximum of 25 per cent of such Crown reserve lands as are specified in the notice. (2) The Minister or a person designated by the Minister shall give prompt notice to Petro-Canada Limited of lands that are or have become Crown reserve lands whereupon Petro-Canada Limited may exercise the rights granted by subsection (1). (3) In exercising its right to select lands pursuant to subsection (1), Petro-Canada Limited shall not select more than 25 per cent of the land in respect of which it has the right unless the Minister authorizes the selection of a greater percentage in any case where he considers it appropriate due to the limited area of land available. (4) Any land selected by Petro-Canada Limited pursuant to subsection (1) shall be held by it under an exploration agreement subject to such terms and conditions consistent with these Regulations as are agreed on between it and the Minister or a person designated by the Minister. (5) Where the Minister intends to give notice pursuant to section 30 calling for the submission of proposals in respect of any Crown reserve lands for which Petro-Canada Limited has the rights granted by subsection (1), he shall send notice in writing of his intention to Petro-Canada Limited specifying the lands in respect of which he intends to call for the submission of proposals and PetroCanada Limited shall have 60 days from the day such notice is sent to make its selection of not more than 25 per cent of such lands, in the manner approved by the Minister or a person designated by the Minister. (6) The Minister may, after the expiration of the 60-day period referred to in subsection (5), give public notice
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Petro-Canada Limited Sections 33-34
pursuant to section 30 calling for the submission of proposals in respect of any lands not selected by PetroCanada Limited pursuant to subsection (1) and PetroCanada Limited and all other persons are equally entitled to submit such proposals. (7) Any lands not disposed of pursuant to a proposal
submitted under subsection (6) or an exploration agreement entered into under subsection 30(6) shall remain subject to the rights granted to Petro-Canada Limited but nothing done under this section extends or suspends the period available to Petro-Canada Limited to exercise its rights under subsection (5). (8) Petro-Canada Limited shall not, without the prior approval in writing of the Minister, which may be given on application by any interested party, transfer, assign or in any other manner dispose of any interest or right in lands it has selected pursuant to subsection (1), or any interest or right in an exploration agreement affecting such lands, otherwise than by way of charge or mortgage. 1991, c. 10, s. 19.
Permittees 34 (1) A permittee must be the holder of a licence before he may carry out exploratory work on Canada lands. (2) Where a permittee is authorized to carry out exploratory work under these Regulations, that work may be performed by any person employed or hired by the permittee. (3) A permittee may, for the purpose of carrying out exploratory work for oil and gas, (a) enter upon the Canada lands described in his permit; and (b) use such part of the surface of the Canada lands
described in his permit as may be necessary. (4) A permittee may produce, mine, quarry or extract
from the Canada lands described in his permit such quantity of oil, gas and other minerals and substances that are produced, mined, quarried or extracted in association with any oil or gas as, in the opinion of the Oil Conservation Engineer, is necessary for test purposes or for conducting operations of the permittee on that permit area.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Permittees Sections 35-36
35 (1) Subject to these Regulations, a permittee has the
exclusive option to obtain an oil and gas lease for the Canada lands described in his exploratory permit. (2) Every permit shall state the term of the oil and gas lease for which an option is given and the royalty payable under the lease.
Term of Permit 36 (1) Except as provided in subsection (4), where the whole or greater part of a permit area is located south of latitude 65°, the permit is valid for three years from the date of issue. (2) Except as provided in subsection (4), where the
whole or greater part of a permit area is located between latitude 65° and latitude 68°, the permit is valid for four years from the date of issue. (3) Where the whole or greater part of a permit area is
located between latitude 68° and latitude 70°, the permit is valid for six years from date of issue. (4) Where a permit area is located (a) south of latitude 70° and within Canada lands other than those lands located in that part of Canada described in Schedule VI, or (b) south of latitude 70° and east of longitude 90° and within Canada lands located in that part Of Canada described in Schedule VI,
and the whole or greater part thereof is, in the opinion of the Chief, covered by seacoast waters, the permit for that permit area is valid for six years from the date of issue.
(5) Where a permit area is located (a) south of latitude 70° and west of longitude 90°, and (b) within Canada lands located in that part of Canada described in Schedule VI,
and the whole or greater part thereof is, in the opinion of the Chief, covered by seacoast waters, the permit for that permit area is valid for six years from the date of issue.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Term of Permit Sections 36-38
(6) Where a permit area is located north of latitude 70°,
the permit is valid (a) in the case of a permit issued before 1968, for eight
years from the date of issue, and (b) in the case of a permit issued on or after January 1, 1968, for six years from the date of issue.
(7) In the case of a permit that was issued prior to July 1,
1967, in respect of a permit area, the whole or greater part of which is located north of latitude 70°, (a) the period of the original term of the permit is extended by 12 months, as set out in Schedule V; (b) each period of the permit that follows the extended period shall be computed as if it commences 12 months after the date on which it would otherwise commence; (c) all references in these Regulations to the period that is extended shall be deemed to be references to that period as so extended; and (d) each anniversary, referred to in section 53, of a
permit a period of which is extended shall be computed as if that anniversary occurs 12 months after the date on which it actually occurs. 37 A permittee may at any time surrender the grid area
or one-half of the grid area for which he holds a permit but, except as provided in section 41, no deposit shall be refunded to the permittee.
Permit Renewal 38 (1) An application for renewal of a permit shall be
made to the Chief before the expiry date of the permit and shall be accompanied by the deposit required by section 40. (2) Upon receipt of an application for renewal of a permit made pursuant to subsection (1) and of the deposit referred to in that subsection, the Chief shall renew the permit for a term of one year. (3) Where a permittee does not make application for renewal of a permit in accordance with subsection (1), the Chief shall give written notice to the permittee informing him that if within 90 days of the date of the notice the permittee makes an application for renewal of his permit,
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Permit Renewal Sections 38-40
accompanied by the deposit required by section 40, his permit may be renewed. (4) Upon receipt of an application for renewal of a permit accompanied by the deposit required by section 40 in accordance with a notice given pursuant to subsection (3), the Chief shall renew the permit for a term of one year from the expiry date of the permit and the permit shall, for the purposes of these Regulations, be deemed not to have expired. (5) A permit shall not be renewed pursuant to subsection (2) or (4) more than six times. 39 (1) Where (a) a permit has been renewed six times, (b) a well is being drilled in a manner satisfactory to the Chief, and (c) in the opinion of the Chief, the well will not be
completed or abandoned before the expiration of the permit, the Chief may, upon application, extend the term of the permit for one or more periods of 90 days. (2) The application for extension shall be made to the Chief and shall be accompanied by the deposit required by section 40.
Deposits 40 (1) Every permittee shall deposit with the Chief, before the commencement of a period set out in Column I of Schedule II, money, bonds or an approved note of a value equal to the amount set out opposite that period in Column II of that Schedule. (2) Notwithstanding subsection (1) and subsection 108(1), where a permit for an area located north of latitude 70° was issued earlier than January 1, 1965, the permittee may make the deposit required by subsection (1) for the second 36-month period of the original term or for the 24-month period following the second 36month period of the original term of a permit described in subsection 36(4) on a date later than the date referred to in subsection (1), but in such case he shall make the deposit before January 1, 1968.
(3) In this section, approved note means a promissory note payable on demand that a chartered bank has agreed, in terms acceptable to the Chief, to honour on presentment for payment.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Deposits Sections 41-43
41 (1) The portion of a deposit equal to the allowable
expenditure made during the period, shall be returned to the permittee. (2) Subject to subsection (3), the portion of the deposit
not returned to the permittee is forfeited to Her Majesty. (3) Where, in the opinion of the Chief, a permittee has
not been able to make allowable expenditure equal to the deposit required for any period, and the permittee has given notice to the Chief, and during the renewal period next following the permittee makes allowable expenditure equal to the aggregate of (a) the deposit required for the renewal period next
following, and (b) the portion of the deposit for the period, heretofore not returned to the permittee, the portion of the deposit heretofore not returned shall be returned to the permittee. (4) The notice required under subsection (3) shall be given before the end of the period and shall state the reasons that the permittee has not been able to make allowable expenditures equal to the deposit required for that period and that the permittee intends to make allowable expenditure, during the renewal period next following, equal to the aggregate of (a) the deposit required for the renewal period; and (b) the portion of the deposit for the period heretofore not returned to the permittee.
42 Where during a period a permittee expends an amount in excess of the aggregate of (a) the deposit set out in Schedule II for that period,
and (b) any amount returned to the permittee pursuant to subsection 41(3) for allowable expenditures made during that period,
the deposit required for any succeeding period shall be reduced by the amount of that excess.
Expenditures 43 The Chief may at any time determine the amount of allowable expenditure made by the permittee on
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Expenditures Sections 43-47
evidence submitted by the permittee and on such other evidence as the Chief may require. 44 (1) Every permittee shall, within 90 days after the
end of a period, submit to the Chief a statement in triplicate of the expenditures made for exploratory work done on the permit area or group of permit areas during that period. (2) A permittee may submit interim statements of expenditure from time to time during the term of the permit. (3) Every statement of expenditure shall be verified by a statutory declaration and shall include (a) the items of expenditure; (b) the number of the permit area on which the work
was done; (c) the number of the permit area upon which the expenditure is to be applied; (d) the specific purpose for which each item of expenditure was made; and (e) three copies of all reports, photographs, maps and
data referred to in section 53 concerning work for which expenditure is claimed. (4) Where the information referred to in this section has
been sent by the permittee to the Chief pursuant to section 28, the permittee is not required to send that same information to the Chief pursuant to this section. 45 Where expenditures are made for exploratory work
done on or off a permit area for the purpose of obtaining information of a general nature that may be of value to the permittee in connection with work being done by the permittee, the Chief may consider the expenditures to have been made in such amounts as the permittee may request on any permit area or groups of permit areas for which, in the opinion of the Chief, the work done is beneficial. 46 Where the Chief has designated a well as an exploratory deep test well, the amount expended on drilling that well shall be deemed to be an amount equal to twice the amount actually expended on drilling that well. 47 (1) An amount expended for road building or geophysical examination or as a contribution to a well drilled outside a permit area may not be considered to be an
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Expenditures Sections 47-51
allowable expenditure unless prior approval for the work was obtained from the Chief. (2) An amount expended for research that, in the opinion of the Chief, is conducted with a view to developing new or improved methods, systems, processes or mechanisms, required especially for the exploration, development or transportation of oil and gas under Canada lands may be considered to be an allowable expenditure when prior approval for the research was obtained from the Chief.
Grouping 48 (1) A permittee may apply to the Chief to group permit areas not exceeding 2,500,000 acres any parts of which areas are within a circle having a radius of 100 miles or are contiguous. (2) The application for grouping shall be made in triplicate on a form approved by the Chief and shall state the permit areas that are to be included in the group. (3) A grouping shall commence on the date on which the
application for grouping is approved by the Chief. 49 (1) Allowable expenditure made on any permit area within a group during the period of the grouping shall, at the request of the permittee, be applied to any or all of the permit areas within the group.
(2) Where allowable expenditure is applied to a permit area pursuant to subsection (1), that expenditure shall not be transferred to any other permit area. 50 A permittee may from time to time regroup his permit areas.
Reports 51 (1) Every licensee, permittee or lessee shall, at least 15 days prior to commencing exploratory work, send a written notice, in duplicate, in a form approved by the Chief, to the Oil Conservation Engineer stating (a) the date on which he expects to commence the
work and to complete the work; (b) the purpose and nature of the work;
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Reports Sections 51-53
(c) the approximate acreage of the area on which the
work is to be done together with a map showing the boundaries of the area; (d) the equipment he intends to use; (e) the name of the person in charge of the work; and (f) the number of persons to be employed.
(2) Notwithstanding subsection (1), every licensee, permittee or lessee shall send the written notice, as required by that subsection, at least 45 days prior to commencing exploratory work on an area that is wholly or partially covered by seacoast waters. 52 A licensee, permittee or lessee shall, upon request by the Oil Conservation Engineer, report the location of field parties and any change in the intended exploratory work.
53 (1) Every permittee shall, within 60 days after (a) the third, sixth, ninth, twelfth and fourteenth anniversaries of the date of which the permit was issued, in the case of a permit referred to in subsection 36(1) or (3) or paragraph 36(4)(a), (b) the fourth, seventh, tenth and twelfth anniversaries of the date on which the permit was issued, in the case of a permit referred to in subsection 36(2) or (3) or paragraph 36(4)(b), and (c) the expiration, cancellation or surrender of the
permit, forward to the Chief, in triplicate, (d) copies of all aerial photographs taken by the permittee; (e) a geological report of any area investigated including geological maps, cross-sections and stratigraphic data; (f) a geophysical report of the area investigated; and (g) reports of all surveys not referred to in paragraphs (d) to (f) that were conducted on the permit area.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Reports Section 53
(2) The geophysical report referred to in paragraph (1)(f) shall include, (a) where a gravity survey has been conducted, maps showing (i) the location and ground elevation of each station, (ii) the final corrected gravity value at each station, (iii) the gravity contours drawn on the gravity values, and (iv) the boundaries of the permit areas; (b) where a seismic survey is conducted, maps on a scale of not less than 1 inch to 1 mile showing (i) the location and ground elevation of each shot
hole, (ii) the corrected time value at each shot hole for all horizons determined during the course of the survey, (iii) contours and isochrons drawn on the corrected values with a contour interval of not more than 100 feet or the equivalent in time, and (iv) the boundaries of the permit areas; and (c) where a magnetic survey is conducted, maps
showing (i) the location of the flight lines, (ii) the magnetic contour lines at intervals of
10 gamma, and (iii) the boundaries of the permit areas. (3) Where the information referred to in this section has
been sent by the permittee to the Chief pursuant to section 28 or 44, the permittee is not required to send that same information to the Chief pursuant to this section. (4) The Chief may at any time request that a licensee, permittee or lessee supply factual information and data, or a copy thereof, that are necessary for the interpretation of any survey conducted for the purpose of searching for oil or gas and, without restricting the generality of the foregoing, may request factual information and data concerning
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART I Licences, Exploration Agreements and Permits Reports Sections 53-54
(a) seismograms and other recordings of seismic events together with all relevant data; (b) magnetic profiles and other recordings of variations in the magnetic field of the earth; and (c) any observations or readings obtained during the
course of a survey that was conducted for the purpose of searching for oil or gas. (5) No person shall destroy any of the factual information referred to in subsection (4) without the consent of the Chief, unless that information has been sent to the Department pursuant to these Regulations.
Oil and Gas Leases Oil and Gas Lease upon Application 54 (1) On application to the Minister, a permittee, the
holder of an exploration agreement or the holder of a special renewal permit shall be granted an oil and gas lease. (2) An oil and gas lease shall not be granted under this
section (a) to a person unless the Minister is satisfied that he
is a Canadian citizen over 21 years of age, and that he will be the beneficial owner of the interest to be granted; (b) to a corporation incorporated outside Canada; or (c) to a corporation unless the Minister is satisfied (i) that at least 50 per cent of the issued shares of
the corporation is beneficially owned by (A) persons who are Canadian citizens, (B) corporations that meet the qualifications set out in subparagraph (ii), or (C) both such persons and corporations, (ii) that the shares of the corporation are listed on a recognized Canadian stock exchange and that Canadians will have an opportunity of participating
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Oil and Gas Lease upon Application Sections 54-57
in the financing and ownership of the corporation, or (iii) that the shares of the corporation are wholly
owned, directly or indirectly, by a corporation that meets the qualifications outlined in subparagraph (i) or (ii). SOR/89-144, s. 1.
55 (1) The land to be included in an oil and gas lease granted pursuant to section 54 shall be selected by the permittee from his permit area. (2) The Minister shall not grant an oil and gas lease pursuant to section 54 for more than one-half of the number of sections in the permit area held by the applicant. (3) An oil and gas lease granted pursuant to section 54
shall commence on the day the application is received by the Chief. 56 (1) Every application for an oil and gas lease shall be
made on a form approved by the Chief and shall be accompanied by (a) the fee set out in Schedule I; (b) the rental required by section 78; and (e) a diagram and description of the area for which
the application is made. (2) The application shall be delivered in person or be sent by registered mail to the office of the Chief in Ottawa. (3) The Chief shall cause to be endorsed on each application the date and time that the application is received.
Other Leasing 57 (1) The Minister may grant an oil and gas lease or call tenders for the purchase of an oil and gas lease for Canada lands (a) that have been held under a permit or oil and gas
lease, which permit or oil and gas lease has expired, been cancelled or been surrendered; (b) referred to in subsection 17(3); or (c) that are a combination of the lands referred to in paragraphs (a) and (b) or either of them.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Other Leasing Sections 57-58
(2) All oil and gas lease granted pursuant to this section
may be granted upon such terms and conditions as the Minister may order. (3) A call for tenders under this section shall (a) be advertised in the Canada Gazette and in such
other manner as the Minister considers advisable at least 30 days before the date fixed for the closing of tenders; and (b) state the terms and conditions upon which the tender is called and upon which the oil and gas lease is to be granted.
(4) Where tenders are called pursuant to this section and (a) no tender is received, or (b) a tender has been received and the Minister has
refused to accept that tender, the Minister may dispose of those lands by an oil and gas lease pursuant to this section in such manner and upon such terms as the Minister may determine. SOR/80-590, s. 4.
Powers of Lessee 58 (1) A lessee who is the holder of a licence may (a) carry out exploratory work and drill wells in the
Canada lands included in his lease; and (b) produce, mine, quarry or extract any oil or gas or any minerals or substances that are produced mined, quarried or extracted in association with any oil or gas from the Canada lands included in his lease.
(2) Where a lessee is authorized to carry out work or operations under these Regulations, that work or those operations may be performed by any person employed or hired by the lessee.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Lease Area Sections 59-60
Lease Area 59 (1) Subject to subsection (2), a lease area shall be
composed of quadrilateral blocks of sections not larger than five sections by three sections or four sections by four sections. (2) Where leases are granted for not more than twofifths of the number of sections in the permit area held by the applicant, the lease areas may be composed of quadrilateral blocks of sections not larger than six sections by three sections. (3) The lease areas within a permit area shall (a) corner one another; (b) be separated from one another by at least one section; or (c) be a combination of the blocks referred to in paragraphs (a) and (b). (4) Except in the case of (a) sections that are reduced pursuant to subsection 17(1), and (b) Canada lands referred to in subsection 17(3),
no oil and gas lease shall be granted for less than one section. (5) Except as provided in subsection (2), nothing in these Regulations shall be construed so as to prevent a permittee from leasing a total of one-half of the number of sections in the permit area. (6) Subsections (1) and (3) do not apply to an oil and gas
lease granted pursuant to section 57. SOR/80-590, s. 5.
60 (1) Subject to subsection (2), where an oil and gas
lease is granted pursuant to section 54, the Canada land within the permit areas, but not included in the lease, shall be surrendered to Her Majesty. (2) Where an oil and gas lease is granted pursuant to
section 54, the Chief may allow the permittee to retain under permit those sections of the permit area that are not (a) included in the oil and gas lease, or (b) contiguous to the lease area.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Lease Area Sections 60-64
Term of Lease 61 Subject to subsection 35(2), every oil and gas lease
shall be granted for a term of 21 years. 62 An oil and gas lease shall, upon application by the
lessee, be renewed for successive terms of 21 years if (a) the area under the oil and gas lease is, in the opinion of the Minister, capable of producing oil or gas; and (b) the lessee has complied with the terms of the oil
and gas lease and with the provisions of these Regulations in force at the date on which the oil and gas lease was granted. 63 Where, during the term of an oil and gas lease, commercial exploitation begins and the lessee has complied with (a) the terms of the oil and gas lease, and (b) the provisions of these Regulations in force at the
date on which the oil and gas lease was granted, the Minister shall, at the request of the lessee, reissue the lease for a term of 21 years from the date of the commencement of commercial exploitation.
64 (1) Subject to subsection (2), an oil and gas lease renewed pursuant to section 62 or reissued pursuant to section 63 shall be renewed or reissued as the case may be upon the conditions that the Minister may order and shall be subject to the provisions of these Regulations in force at the date of the renewal. (2) The royalty payable under an oil and gas lease reissued pursuant to section 63 shall be the same as the royalty required to be paid under the original oil and gas lease.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Obligation to Lease Sections 65-69
Obligation to Lease 65 The Chief may at any time order that a well within a permit area contains oil or gas in commercial quantity. 66 (1) A copy of the order referred to in section 65 shall
be sent by registered mail addressed to the permittee at his last known address. (2) The permittee shall, within one year from the date of
the mailing to him of the order made pursuant to section 65, apply for an oil and gas lease of the area within which the well is located. 67 (1) A permittee may, within 90 days from the date of
mailing the order, serve on the Minister a notice of objection setting out the reason for the objection and all relevant facts. (2) A notice of objection under this section shall be
served by being sent by registered mail addressed to the Minister at Ottawa. (3) Upon receipt of the notice of objection, the Minister shall consider the order and vacate, confirm or vary the order and the Minister shall thereupon notify the permittee of his decision by registered mail. 68 Where an order has been made pursuant to section 65 and no application has been made pursuant to section 66, no person shall drill a well in that permit area within 4 1/2 miles of the well to which the order refers. 69 (1) Where an oil and gas lease is granted subsequent
to an order made pursuant to section 65 or 67, all sections within the permit area contiguous to, but not cornering, the lease area shall be surrendered to Her Majesty. (2) Where an oil and gas lease is granted subsequent to an order made under section 65 or 67, all that part of the permit area not included in the oil and gas lease and not surrendered pursuant to subsection (1) may be retained under permit by the permittee. (3) Where part of the permit area is retained under permit pursuant to subsection (2), the permittee shall send the permit to the Chief for amendment.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Publication upon Surrender or Cancellation Sections 70-74
Publication upon Surrender or Cancellation 70 (1) Where Canada lands have been held under a permit or an oil and gas lease, which permit or oil and gas lease or any part thereof has expired, been cancelled or been surrendered, the Minister shall publish in the Canada Gazette a notice of the expiration, cancellation or surrender of that permit or oil and gas lease.
(2) The notice referred to in subsection (1) shall state (a) the number of the permit or oil and gas lease; and (b) whether the permit or oil and gas lease has expired, been cancelled or been surrendered.
Transfer of Permit or Lease 71 No transfer of a permit or oil and gas lease shall pass any interest in the permit or oil and gas lease until the transfer is registered in accordance with these Regulations. 72 (1) No oil and gas lease shall be transferred to (a) a person to whom the granting of an oil and gas lease is prohibited under subsection 54(2); or (b) to a corporation unless the corporation satisfies the Minister that persons who are Canadian citizens will have an opportunity of participating in the beneficial ownership of the corporation.
(2) A transfer made contrary to the provisions of subsection (1) is void. 73 No transfer of a permit or oil and gas lease shall be registered without the approval of the Chief. 74 (1) Subject to subsection (2), where a transfer is executed in a manner satisfactory to the Chief and is accompanied by the transfer fee set out in Schedule I, the Chief may approve the transfer of
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Transfer of Permit or Lease Sections 74-77
(a) the whole or any sections of a lease area; (b) the whole or one-half of a permit area; (c) a specified undivided interest in a permit or oil
and gas lease to not more than five transferees; or (d) a specified undivided interest in a permit or oil
and gas lease to more than five transferees upon such terms and conditions as the Chief may require.
(2) The Chief shall not approve the transfer of (a) a lease area smaller than one section; or (b) a permit area of other than one grid area or onehalf of a grid area. (3) Paragraph (2)(a) does not apply to an oil and gas
lease that has been granted for an area smaller than one section. (4) Paragraph (2)(b) does not apply to a permit that has
been issued for an area smaller than one grid area or one-half of a grid area. 75 (1) The Chief shall maintain a transfer register. (2) Where the Chief has approved the transfer of a permit or oil and gas lease, he shall enter the transfer in the register. (3) The Chief shall endorse on the transfer the date and
time of registration. 76 Subject to section 72, as soon as registered, a transfer shall become operative according to its tenor and intent.
Surrender of Oil and Gas Lease 77 (1) A lessee may at any time surrender the whole or part of his oil and gas lease, but no lessee shall surrender a part thereof smaller than one section except in the case of an oil and gas lease that has been granted for an area smaller than one section. (2) Where an oil and gas lease has been surrendered, no rental shall be refunded to the lessee.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Rental Sections 78-80
Rental 78 (1) Subject to sections 79 to 84, a lessee shall pay to
Her Majesty (a) for the first year of the oil and gas lease a rental
of $0.50 for each acre of land under lease; and (b) for each year after the first year of the oil and gas
lease a rental of $1 for each acre of land under lease.
(2) The rental required by subsection (1) shall be paid
before the commencement of the year for which the rental is payable.
Reduction of Rental 79 (1) Subject to subsection (2), where, after the first year of an oil and gas lease, commercial exploitation has not begun but oil or gas has been found in commercial quantity, the Minister may order the reduction of the rental payable under that oil and gas lease.
(2) Notwithstanding subsection (1), the rental shall not be reduced pursuant to subsection (1) for any year following a year in which commercial exploitation begins. 80 Subject to sections 81 and 82, the rental shall be reduced by, (a) in the case of an oil and gas lease issued pursuant to section 54, the amount of allowable expenditure made by the lessee prior to the date of the oil and gas lease, on the permit area within which the oil and gas lease is located, in excess of the deposits set out in Schedule II for the periods prior to the date of the oil and gas lease, and (b) the amount of expenditure, as determined by the Chief, that has been made by the lessee for exploratory work on the lease area after the date of the oil and gas lease and before commercial exploitation begins,
but the rental for any particular year shall not be reduced pursuant to this section by more than one-half.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Reduction of Rental Sections 81-83
81 (1) In this section, expenditure means the amount referred to in paragraph 80(b). (2) At the end of the first year of an oil and gas lease and
at the end of each year of the oil and gas lease thereafter, the Chief shall determine the amount of expenditure made by the lessee that is to be credited to the rental of the oil and gas lease for the year next following. (3) Every lessee shall, at least 30 days before the end of each year of his oil and gas lease, send to the Chief a statement, in triplicate, of the amount expended by the lessee for exploratory work on the lease area.
(4) Every statement referred to in subsection (3) shall be verified by a statutory declaration and shall include (a) the items of expenditure; (b) the number of the lease area on which the work was done; (c) the specific purpose for which each item of expenditure was made; and (d) three copies of all reports, photographs, maps and
data referred to in section 53 concerning work for which expenditure is claimed. 82 (1) Subject to subsection (2), where any part of the
amount referred to in paragraph 80(a) or (b) is not or cannot be credited to the rental for the year next following, the rental for any subsequent year shall be reduced by the amount of that part. (2) Notwithstanding subsection (1), the rental shall not be reduced pursuant to section 80 for any year following a year in which commercial exploitation has begun. 83 (1) Expenditure referred to in paragraph 80(a) or (b) that is made on any lease area that has been grouped pursuant to subsection 90(1) and that is made during the period of the grouping shall, at the request of the lessee, be applied to one or more of the lease areas within the group. (2) Where an expenditure is applied to a lease area pursuant to subsection (1), that expenditure shall not be transferred to any other lease area.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Reduction of Rental Sections 84-85
84 The rental payable for any year shall be reduced by the amount of the royalty paid under that oil and gas lease during the preceding year.
Royalty 85 (1) Subject to sections 86 and 87, a permittee or
lessee shall pay to Her Majesty (a) for each month (i) prior to the end of the first five years of commercial exploitation, or (ii) prior to the end of the first 36 months, in aggregate, during which oil or gas is produced,
whichever first occurs, a royalty of five per cent of the market value at the well head or extraction plant (after production thereat) of all oil and gas obtained during that month from the permit or lease area, where (iii) the permit or lease area is located north of latitude 70°, or (iv) the whole or greater part of the permit or lease area is, in the opinion of the Chief, covered by seacoast water; (b) for each month prior to the end of the first three years of commercial exploitation, a royalty of five per cent of the market value at the well head or extraction plant (after production thereat) of all oil and gas obtained during that month from the permit or lease area, where the whole or greater part of the permit or lease area is located south of latitude 70° and is not included in paragraph (a); and (c) for each month following the period for which a
royalty is payable pursuant to paragraph (a) or (b), a royalty of 10 per cent of the market value at the well head or extraction plant (after production thereat) of all oil and gas obtained during that month from the permit or lease area.
(2) The royalty shall be paid on or before the 25th day of the month next following the month for which the royalty is payable.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Royalty Sections 86-90
86 No royalty is payable for oil or gas (a) consumed by the permittee or lessee for drilling,
producing, mining, quarrying, extracting or treating purposes in the permit or lease area; or (b) returned to a formation or flared.
87 Where, in the opinion of the Governor in Council, a
reduction in the royalty would enable a lessee to continue producing oil or gas for a longer period, the Governor in Council may reduce the royalty by such amount and for such period as he considers advisable.
Drilling 88 The Minister may at any time, except during the three years next following the issue of a lease, order the lessee to commence and continue the drilling of a well to the satisfaction of the Minister within 90 days from the date of the order. 89 Where a well has been (a) abandoned, or (b) completed and has not been declared capable of producing in a commercial quantity,
the Minister may at any time, except during the year following the date of the abandonment or completion, order the lessee to commence and continue the drilling of another well to the satisfaction of the Minister within 90 days from the date of the order.
Grouping of Leases 90 (1) For the purposes of sections 80, 88 and 89, a
lessee may upon giving written notice in triplicate, in a form approved by the Chief, group lease areas that (a) are within a circle having a radius of 24 miles; and (b) cover an area of not more than 250,000 acres.
(2) The notice of grouping shall indicate the lease areas
that are to be included in the group.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Grouping of Leases Sections 90-94
(3) Where a lessee complies with an order made pursuant to section 88 or 89 on one lease area in a group, he shall be deemed to have complied with all orders that have been or may be made pursuant to section 88 or 89 in respect of any lease area within that group for as long as that group remains in effect. (4) A grouping shall commence on the day on which the notice of grouping is approved by the Chief and shall terminate upon the discovery of oil or gas in commercial quantity. 91 Where a group is terminated by the discovery of oil
or gas, the oil and gas leases previously included in the group shall be subject to the provisions of sections 88 and 89. 92 A lessee may from time to time group or regroup any of his lease areas in accordance with section 90.
Development Drilling 93 Where a lessee is producing oil or gas in commercial quantity, the Chief may order the lessee to drill further wells on the lease area and to continue producing oil or gas so long as that area continues to yield oil or gas in commercial quantity.
Entry on Lands 94 Where the surface rights to the whole or any part of the Canada lands described in a permit or oil and gas lease have been disposed of by Her Majesty under a timber licence, grazing lease, coal mining lease, mining claim or other form of terminable grant, the permittee or lessee shall not enter upon such lands unless he has obtained (a) the consent of the person holding the timber licence, grazing lease, coal mining lease, mining claim or other form of terminable grant; (b) the consent of the occupier of the land; or (c) an order for entry from the arbitrator.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Entry on Patented Lands Sections 95-99
Entry on Patented Lands 95 Where the surface rights to the whole or any part of the Canada lands described in a permit or oil and gas lease have been granted by Her Majesty under letters patent or sold under an agreement for sale, the permittee or lessee shall not enter upon the lands that have been so disposed of unless he has obtained (a) the consent of the owner of the surface rights; (b) the consent of the occupier of the lands; or (c) an order for entry from the arbitrator.
Arbitration 96 (1) A licensee, permittee or lessee who has not been
able to obtain the consent to enter referred to in section 26, 94 or 95 may apply to an arbitrator for an order permitting entry on to those lands and fixing the compensation therefor. (2) Ten days notice of the application referred to in subsection (1) shall be given by the applicant to the owner, occupier or lessee as may be required by section 26, 94 or 95. 97 The magistrate of the district in which the lands
mentioned in the application lie shall, upon receipt of the application referred to in section 96, become the arbitrator for determining the compensation and permitting entry on to the lands. 98 (1) The arbitrator shall fix a date for the hearing and may require the operator to give notice of the hearing in such manner and to such persons as the arbitrator may direct. (2) The arbitrator shall determine the compensation to
be paid or awarded and make such order as he deems fit, including the disposition of costs. 99 Where an applicant posts with the arbitrator a bond, in an amount satisfactory to the arbitrator, the arbitrator shall thereupon make an interim order permitting the applicant to enter upon and use the lands.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Appeal From Arbitrator Sections 100-105
Appeal From Arbitrator 100 Either party, within one month after the arbitrator
has made an order pursuant to section 98, may appeal from the order on any question of the law or fact, or upon other ground of objection to the superior court for the district in which the land is located. 101 The superior court may set aside, confirm or vary
the order or remit it to the arbitrator for reconsideration with such directions as it deems proper. 102 Upon such an appeal, the practice and proceedings shall be as nearly as possible the same as upon an appeal from the decision of an inferior court to the superior court, subject to any rules or orders from time to time made by the superior court in respect of such an appeal. 103 The order of the superior court is final and no appeal lies from any order made by the superior court.
Enforcement of Order 104 (1) Where any resistance or forcible opposition is made by any person to enforcement of any order or interim order made pursuant to section 98, 99 or 101, the magistrate or judge may issue his warrant to the sheriff of the district, or to a bailiff, to put down such resistance or opposition. (2) Every licensee, permittee or lessee shall comply promptly with any order made pursuant to section 98 or 101.
Reports 105 (1) Every lessee shall, within 60 days after (a) the third, sixth, ninth, twelfth, fifteenth and eighteenth anniversaries of the date on which the lease was granted or renewed, and (b) the expiration, cancellation, surrender or renewal of the lease,
forward to the Chief, in triplicate, copies of all reports, photographs, maps and data referred to in section 53.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Reports Sections 105-106
(2) When the information referred to in this section has
been sent by the lessee to the Chief pursuant to section 28, 44 or 53, the lessee is not required to send that same information to the Chief pursuant to this section.
Information to be Confidential 106 (1) Except as provided in this section, the information furnished under these Regulations shall not be released. (2) Information furnished pursuant to paragraph 28(a)
or (b) may be released at any time. (3) Information submitted by a permittee or lessee concerning a development well may be released 30 days after the completion, suspension or abandonment of that well.
(4) Information submitted by a permittee or lessee concerning an exploratory well may be released two years after the completion, suspension or abandonment of that well. (5) Information submitted by a permittee or lessee concerning a surface geological or photogeological survey and factual information obtained from a magnetometer, gravity, seismic or other survey may, in the discretion of the Minister, be released (a) two years after the cancellation, surrender or expiry of (i) the permit of the area on which the work was done, or (ii) all oil and gas leases granted pursuant to section 54 within the permit area on which the work was done, whichever is the later; or (b) two years after the cancellation, surrender or expiry of the oil and gas lease of the area on which the work was done.
(6) Information submitted by a licensee, permittee or lessee may, in the discretion of the Minister, be released at any time with the consent of the licensee, permittee or lessee.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Information to be Confidential Sections 106-108
(7) General topographical information, legal surveys and
elevations of well locations, the current depths of wells and the current status of wells may be released at any time.
Inspection 107 (1) The Minister, or a person authorized by him,
may at any time enter upon a permit area or lease area and (a) inspect all wells, technical records, plants and equipment; (b) take samples and particulars; and (c) carry out tests or examinations not detrimental to
the operations of the permittee or lessee for determining the production of oil or gas that may be reasonable or proper. (2) The permittee or lessee shall give the Minister or person authorized by him such assistance as may be necessary.
Enforcement 108 (1) Where a permittee fails to make a deposit required by section 40, the Chief shall, unless he is required to give notice to the permittee by subsection 38(3), give written notice to the permittee informing him that if he does not make the deposit required by section 40 within 90 days of the date of the notice his permit will be deemed to be cancelled without further notice. (2) Where a permittee does not make a deposit in accordance with a notice given pursuant to subsection (1), his permit shall forthwith be deemed to be cancelled. (3) Where a lessee does not pay the rental required by these Regulations within 30 days after the date on which the rental is to be paid, the Minister shall give written notice to the lessee specifying the default and unless the default is remedied within 30 days of the date of the notice, the lease may be cancelled by the Minister. (4) Where a licensee, permittee or lessee violates any provision of these Regulations, other than those referred to in subsection (1) or (2), the Minister may give written notice to the licensee, permittee or lessee and unless the licensee, permittee or lessee remedies or prepares to
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Enforcement Sections 108-112
remedy the violation, to the satisfaction of the Minister, within 90 days from the date of the notice the Minister may cancel the licence, permit or oil and gas lease.
Publication of Orders 109 Every order made pursuant to these Regulations
shall be published in the Canada Gazette within 30 days after it is made.
Notice 110 For the purposes of sections 38 and 108, written notice shall be deemed to be given by the Chief or Minister, as the case may be, to a licensee, permittee or lessee when the notice is sent by registered mail to the licensee, permittee or lessee or his agent at his address on record with the Department.
Transitional 111 (1) In this section, prior permit means a permit that was issued under the Territorial Oil and Gas Regulations prior to and was subsisting on September 23, 1957. (2) A prior permit shall continue in effect until the holder of the permit completes and files with the Chief a request in the form set out in Schedule III. (3) The Territorial Oil and Gas Regulations as they existed on September 23, 1957, continue to apply in respect of prior permits. (4) Upon the completion and filing of a request in the
form set out in Schedule III, these Regulations shall, except as provided in section 112, apply to a prior permit. 112 (1) In this section, earlier permit means any permit issued before June 6, 1961, under the provisions of the Territorial Oil and Gas Regulations and includes a prior permit as defined in section 111 in respect of which a request has been completed and filed in accordance with section 111. (2) Subsection 54(2) of these Regulations does not apply to an oil and gas lease granted pursuant to an earlier permit.
Current to June 20, 2022
Canada Oil and Gas Land Regulations Oil and Gas Leases Transitional Sections 112-115
(3) Section 72 does not apply to the transfer of an oil and
gas lease that (a) is located within the area of an earlier permit; and (b) either before or after June 6, 1961, has been or is granted to the holder of that earlier permit. 113 Subject to the provisions of sections 111 and 112 of
these Regulations, all licences, permits and oil and gas leases issued or granted under the provisions of (a) the Territorial Oil and Gas Regulations, or (b) the Canada Oil and Gas Regulations,
and subsisting on June 6, 1961, shall be deemed to have been issued or granted under these Regulations.
PART II
Option 114 On August 3, 1977, (a) any permittee whose permit is valid and subsisting
and (i) who has applied for an oil and gas lease pursuant to section 54 and has not withdrawn that application, or (ii) whose permit has been renewed six times and does not, or has ceased to, qualify for an extension under section 39, (b) any permittee whose permit has expired and who before the expiration thereof, applied for an oil and gas lease pursuant to section 54, and has not withdrawn that application, and (c) any permittee whose permit was renewed prior to
August 3, 1977, pursuant to section 40, as that section then read, shall have the additional rights provided in sections 115 to 117 according as they apply to his case. 115 (1) Any person who on August 3, 1977, is a permittee described in subparagraph 114(a)(i) and has not been granted an oil or gas lease may, at his option instead of maintaining his application for a lease under section 54, within 90 days after the next anniversary date of his permit, withdraw his application for an oil and gas lease.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Sections 115-116
(2) Where a person withdraws his application for an oil
and gas lease pursuant to subsection (1), he shall, after surrendering in writing his right to receive the oil and gas lease, (a) be entitled to be repaid any sums he paid as rental and to revert to holding the land under his permit, at the point in the term thereof that would have been reached at that time if the original term had expired and any necessary renewals under section 38 had been applied for and issued; and (b) during the first year after the anniversary date of his permit following August 3, 1977, not be required to meet work obligations exceeding $0.5O per acre. 116 (1) Any person who, on August 3, 1977, is a permittee described in paragraph 114(b) and has not been granted an oil and gas lease may, at his option, instead of maintaining his application for a lease under section 54, within 90 days after the day that would have been the next anniversary date of his permit if it had not expired, either (a) withdraw his application for an oil and gas lease
and surrender in writing his right to receive the oil and gas lease, whereupon he shall be entitled to be repaid any sums he paid as rental; or (b) withdraw his application for an oil and gas lease and apply instead for a special renewal permit, whereupon he shall be entitled to be repaid any sums he paid as rental except that sum tendered with the lease application in respect of the first year thereof, and the Minister may grant to that person a special renewal permit for such term and subject to such conditions, including the payment of deposits, as the Minister may determine. (2) Notwithstanding anything in this section, where a
person who applies for a special renewal permit pursuant to paragraph (1)(b) and the Minister have not agreed on the terms and conditions for the special renewal permit within 30 days after the expiry of the period within which Petro-Canada Limited is required to give the notice specified in subsection 121(6) or within 30 days after PetroCanada Limited gives any such notice, whichever occurs first, that person shall for 30 days thereafter have the right to reinstate his application for an oil and gas lease under section 54 as if it had not been withdrawn and he were still a permittee, whereupon he shall be entitled to be repaid any sums he paid as rental except that sum tendered with the lease application in respect of the first year thereof, and that sum shall be deemed to satisfy all
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Sections 116-119
rental obligations under that lease up to the first anniversary date thereof following August 3, 1977. (3) Where a person referred to in subsection (2) fails to
exercise his right to reinstate his application for an oil and gas lease under section 54, the lands that he held pursuant to the permit referred to in paragraph 114(b) shall be deemed to be surrendered and shall become Crown reserve lands. 1991, c. 10, s. 19.
117 (1) Any person who, on August 3, 1977, is a permittee described in subparagraph 114(a)(ii) or paragraph 114(c) may, at his option, instead of applying for a lease under section 54, apply for a special renewal permit, whereupon the Minister may grant to that person a special renewal permit for such term and subject to such conditions, including the payment of deposits, as the Minister may determine. (2) Notwithstanding anything in this section, where a
person who applies for a special renewal permit pursuant to subsection (1) and the Minister have not agreed on the terms and conditions for the special renewal permit within 30 days after the expiry of the period within which Petro-Canada Limited is required to give the notice specified in subsection 121(6) or within 30 days after PetroCanada Limited gives any such notice, whichever occurs first, that person shall, for 30 days thereafter, have the right to apply for an oil and gas lease under section 54 as if he were still a permittee. 1991, c. 10, s. 19.
118 Unless the Minister otherwise specifies at the time a
special renewal permit is granted pursuant to section 116 or 117, the provisions of these Regulations applicable to a permit shall apply to the special renewal permit so long as this Part is in force. 119 A person described in subparagraph 114(a)(i) or in paragraph 114(b) who decides not to exercise the options provided in section 115 or 116 and instead maintains his application for an oil and gas lease pursuant to section 54 shall be entitled, on the grant of any such lease, to be repaid any sums he paid as rental except that sum tendered with the lease application in respect of the first year thereof, and that sum shall be deemed to satisfy all rental obligations under that lease up to the first anniversary date thereof following August 3, 1977.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Petro-Canada Limited Sections 120-121
120 The term of any special renewal permit may be extended by the Minister on application therefor, so long as this Part is in force, by an additional period not exceeding one year, subject to such other conditions and deposits as the Minister may determine.
Petro-Canada Limited [1991, c. 10, s. 19]
121 (1) Where an application is made for a special renewal permit pursuant to section 116 or 117 for any Canada lands in respect of which no declaration of significant discovery is in force, Petro-Canada Limited shall, on giving notice under subsection (6) that it exercises its rights under this section, have the right to be granted (a) where the Canadian participation rate of the applicant for the special renewal permit, determined pursuant to these Regulations is 25 per cent or more but not more than 35 per cent, a 10 per cent interest in the special renewal permit to be granted to the applicant; or (b) where the Canadian participation rate of the applicant for the special renewal permit, determined pursuant to these Regulations, is less than 25 per cent, a 10 per cent interest in the permit plus an additional interest therein, not exceeding 15 per cent, of one per cent for every one per cent that the Canadian participation rate falls below 25 per cent. (2) If, at the time an application is made for a special renewal permit, any well is being drilled on or adjacent to the Canada lands in respect of which the application is made, the application and the determination of the rights of Petro-Canada Limited under this section shall be held in abeyance until the results of the drilling of the well have been assessed by the Minister or a person designated by the Minister. (3) For the purposes of subsection (1), any existing interest of Petro-Canada Limited, directly or indirectly, in the lands to be included in the special renewal permit referred to therein shall be included when determining the Canadian participation rate pursuant to these Regulations. (4) On receipt of an application for a special renewal permit for Canada lands in respect of which no declaration of a significant discovery is in force, the Minister or a person designated by the Minister shall, in any case
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Petro-Canada Limited Sections 121-122
where the Canadian participation rate, determined pursuant to these Regulations, is 35 per cent or less, forthwith give notice in writing of the application to PetroCanada Limited specifying the area to which the application relates and the identity of the applicant. (5) The Minister or a person designated by the Minister shall, as soon as possible, give notice in writing to PetroCanada Limited of the terms and conditions of the special renewal permit that have been agreed on. (6) Within 60 days from the date of a notice given under subsection (5), Petro-Canada Limited shall give notice in writing to the Minister or a person designated by the Minister stating either that it exercises its rights under this section and, if so, to what extent, or that it chooses not to exercise those rights. (7) Where Petro-Canada Limited fails to give the notice required under subsection (6) in the time provided therefor or gives notice under that subsection that it chooses not to exercise its rights under this section, those rights are terminated with respect to the lands for which the application for the special renewal permit was made. (8) Subject to subsection (9), this section applies once only in respect of any lands that are the subject of an application for a special renewal permit. (9) Where Petro-Canada Limited has no rights under this section with respect to a particular application for a special renewal permit under section 116 or 117 because a declaration of significant discovery is in force at the time the special renewal permit is about to be granted and where that declaration is subsequently revoked with respect to that special renewal permit, Petro-Canada Limited shall, notwithstanding anything in these Regulations, have the rights granted by this section at the first time after such revocation that an application is made for renewal of the special renewal permit if at the time the renewal is about to be granted no other applicable declaration of a significant discovery is in force. 1991, c. 10, s. 19.
122 Where Petro-Canada Limited is granted an interest
in a special renewal permit under section 121, (a) that interest shall be obtained by reducing the interest of each of the holders of the special renewal permit, including any existing Petro-Canada Limited interest, by a percentage of that interest equal to the product of that interest and the percentage interest granted to Petro-Canada Limited under that section; (b) the special renewal permit shall be granted to give Petro-Canada Limited its interest under section 121
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Petro-Canada Limited Sections 122-123
and the other holders their interests reduced in accordance with paragraph (a); (c) Petro-Canada Limited shall not be liable to the other interest holders for any exploration expenses incurred by them prior to the granting of its interest; and (d) Petro-Canada Limited shall not, without the prior approval in writing of the Minister, which may be given on application by any interested party, transfer, assign or in any other manner dispose of any interest or right therein otherwise than by way of charge or mortgage. 1991, c. 10, s. 19.
Canadian Participation Rate 123 In determining the Canadian participation rate of
an applicant for a special renewal permit for the purposes of sections 121 and 122, the following Rules shall apply: Rule 1 (1) If the applicant is (a) an individual who is a Canadian citizen ordinarily resident in Canada or a landed immigrant within the meaning of the Immigration and Refugee Protection Act who is ordinarily resident in Canada other than a landed immigrant who has been ordinarily resident in Canada for more than one year after the time at which he first became eligible to apply for Canadian citizenship, his Canadian participation rate is 100 per cent; (b) an individual other than an individual referred to in paragraph (a), his Canadian participation rate is 0 per cent; (c) a corporation that has been incorporated in
Canada and is not a non-eligible person within the meaning of the Foreign Investment Review Act, its Canadian participation rate is 100 per cent; (d) an enterprise formed by a group of individuals, corporations or individuals and corporations in which each beneficial owner of an interest is an individual referred to in paragraph (a) or a corporation referred to in paragraph (c), its Canadian participation rate is 100 per cent; or (e) a corporation that is a non-eligible person within the meaning of the Foreign Investment Review Act, or is an enterprise formed by a group of individuals, corporations, or individuals and corporations, other than an enterprise referred to in paragraph (d), its Canadian participation rate shall be determined by the application of Rule 2.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Canadian Participation Rate Section 123
(2) Where the applicant would be the beneficial owner of
the permit, if granted, this Rule shall apply to that applicant, but where the applicant would not be the beneficial owner of the permit, if granted, this Rule shall be applied to the person or enterprise that would be the beneficial owner of the permit as if that person or enterprise were the applicant and where in this manner a Canadian participation rate is determined for a beneficial owner, that Canadian participation rate shall be deemed to be the Canadian participation rate of the applicant for the purposes of section 121. Rule 2 Where the application is made by a corporation or enterprise referred to in paragraph (e) of subrule 1(1), the Canadian participation rate in the corporation or enterprise is a percentage equal to the sum of the products obtained by multiplying, for each beneficial owner of voting shares of the corporation or of an interest in the enterprise, the Canadian participation rate for that owner under Rule 3 or 4 by the percentage of the total number of voting shares of, or total interest in, the corporation or enterprise, beneficially owned by that owner. Rule 3 For the purposes of Rule 2, any beneficial owner of voting shares in the applicant corporation, or of an interest in the applicant enterprise, that falls within any of the following classes shall be regarded as having a Canadian participation rate of 100 per cent: (a) an individual referred to in paragraph (a) of subrule 1(1), (b) a corporation referred to in paragraph (c) of subrule 1(1), (c) an enterprise in which the majority interest is beneficially owned by individuals referred to in paragraph (a) or corporations referred to in paragraph (b) of this Rule or any combination of such individuals and corporations,
and the Canadian participation rate for any beneficial owner not falling within any of the above classes is, except where Rule 4 applies, 0 per cent. Rule 4 For the purposes of Rule 2, any non-eligible person within the meaning of the Foreign Investment Review Act, or any enterprise other than one referred to in paragraph (c) of Rule 3, that is a beneficial owner of voting shares in the applicant corporation, or any beneficial owner of an interest in the applicant enterprise where that applicant enterprise includes any persons who are non-eligible persons within the meaning of the Foreign Investment Review Act, shall have its Canadian participation rate determined by treating it as if it were the applicant corporation or applicant enterprise under Rule 2 and applying Rule 3 in respect of any of its shareholders or interest owners falling within any of the classes set out in Rule 3, and this Rule in respect of any of its
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Canadian Participation Rate Section 123
shareholders or interest owners not falling within any of those classes. Rule 5 (1) Where, under these Rules, the question arises
whether or not a person is a non-eligible person within the meaning of the Foreign Investment Review Act, the Minister or a person designated by the Minister shall apply to the determination of that question the provisions of subsection 4(1) and the other relevant provisions of the Foreign Investment Review Act, subject to such modifications as the circumstances may require, as if the person were an applicant for a statement in writing under that subsection, and as if the Minister or the person designated by the Minister were the Minister referred to in that Act. (2) Any determination made by the Minister or the person designated by the Minister pursuant to subrule (1) is binding only on the person in respect of whom the determination was made, and on the Minister or the person designated by the Minister who made it, and only for the purposes of these Regulations. Rule 6 (1) In these Rules,
enterprise means any group or combination of individuals, corporations or individuals and corporations and for greater certainty, but without restricting the generality of the foregoing, includes partnerships, joint ventures, trusts, syndicates or other associations; entreprise voting shares means an issued and outstanding share of the capital stock of a corporation to which are attached voting rights ordinarily exercisable at meetings of shareholders. action comportant droit de vote
(2) For the purposes of these Rules, (a) where any voting share carries the right to more
than one vote, the share shall be deemed to be a number of shares equal to the number of votes that it carries; (b) the onus is on the applicant to demonstrate his
Canadian participation rate to the satisfaction of the Minister or a person designated by the Minister but where he has not so demonstrated his Canadian participation rate within such reasonable time, but not less than 30 days, as the Minister may allow, the Minister may allocate to the applicant such Canadian participation rate as he deems reasonable in the circumstances, but, in the case of an application made before April 1, 1978, the applicant shall have a period of four months from the day of such allocation to discharge the onus imposed on him by this paragraph and, at the expiration of that period, the allocation is final if the
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Canadian Participation Rate Sections 123-124
onus has not been discharged, or shall be adjusted to conform to the Canadian participation rate so demonstrated if the onus has been discharged, and such final allocation or adjusted allocation shall constitute the determination of the Canadian participation rate of the applicant for the purposes of section 121; (c) the Canadian participation rate shall be determined as of the day on which any application under section 116 or 117 is made for a special renewal permit and shall be based on information that, in the opinion of the Minister or a person designated by the Minister, is current and accurate information, and such determination is, if all material facts have been disclosed to the Minister or the person designated by the Minister, binding for two years from the day as of which the determination was made, if throughout that period the material facts so disclosed remain substantially unchanged; (d) where it is made to appear to the Minister that any matter required to be determined under these Rules cannot reasonably be determined thereunder in any case or class of cases, he may make the determination, or authorize it to be made, in accordance with such criteria as he considers reasonable in the circumstances; and (e) where, in applying Rule 4, it is found that the applicant corporation or enterprise is one of the beneficial shareholders or interest owners of the corporation or enterprise that is, for the purposes of that Rule, being treated as if it were the applicant corporation or enterprise, the applicant corporation or enterprise shall be deemed not to own the shares or interest in question, and such shares or interest shall be regarded as not forming part of the issued shares of the corporation in question or of the interest in the enterprise in question, as the case may be. 2001, c. 27, s. 273.
Significant Discoveries 124 (1) Where the Minister or a person designated by
the Minister is satisfied that a significant discovery has been made on any Canada lands in respect of which a permit or a special renewal permit has been granted or an exploration agreement has been entered into, he may make a declaration in writing that a significant discovery has been made on those lands and on any adjacent lands into or under which he has reasonable grounds to believe that the discovered deposit may extend and the declaration shall specify the grid area or areas overlying the lands on which the significant discovery was made and into or under which the discovered deposit extends.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Significant Discoveries Section 124
(2) A person who has reason to believe that a significant
discovery has been made on or adjacent to any Canada lands in respect of which he has entered into an exploration agreement or holds a permit or a special renewal permit may apply to the Minister or a person designated by the Minister for a declaration that a significant discovery has been made on those lands, and if the Minister or the person designated by the Minister is satisfied that a significant discovery has been made, he shall make a declaration thereof in writing, and the declaration shall specify the grid area or areas overlying the lands on which the significant discovery was made. (3) Where, based on the results of further drilling, the Minister is satisfied that a discovery in respect of which a declaration has been made pursuant to subsection (1) or (2) is not a significant discovery in respect of the whole or any part of the area to which it relates, the Minister may revoke in writing the declaration in respect of the whole or such part of the area. (4) A copy of a declaration of a significant discovery made under subsection (1) or (2) and of any revocation made under subsection (3) shall be published in the Canada Gazette and (a) shall be sent by registered mail to each person who
has entered into an exploration agreement or to whom a special renewal permit or permit has been issued in respect of lands to which the declaration relates; (b) may be sent by registered mail to any person who has entered into an exploration agreement or to whom a special renewal permit or permit has been issued in respect of land adjacent to the land to which the declaration relates; and (c) in the ease of a special renewal permit in respect of which Petro-Canada Limited might otherwise have had the right accorded to it by section 121, shall be sent by registered mail to Petro-Canada Limited.
(5) Before making any revocation under subsection (3),
the Minister or a person designated by the Minister shall give notice in writing to the persons intended to be affected thereby of not less than 14 days or of such longer period as he considers appropriate in the circumstances, specifying the revocation proposed to be made. (6) Within 14 days after a notice is given under subsection (5), any person receiving the notice may, in writing, request a hearing and on receipt of such request the Minister or a person designated by the Minister shall appoint a time and place for a hearing and give notice thereof of
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Significant Discoveries Sections 124-125
not less than 7 days to the person who requested the hearing. (7) Any person to whom notice is required to be given
under subsection (5) may make representations and introduce documents and witnesses at any hearing held under this section, whether or not such person has been given notice thereof and in making any revocation on which a hearing has been held, the Minister or a person designated by the Minister shall consider any representations made and evidence introduced at the hearing and shall make available on request by any such person the reasons for the revocation. (8) Any declaration under subsection (1) or (2) is final and conclusive. (9) Where a hearing is not requested within the 14-day
period specified in subsection (6) or is held under this section, any revocation made under this section is final and conclusive. (10) Where applications affecting the same Canada
lands are pending at the same time under subsection (2) and under section 116 or 117, the application under subsection (2) shall be disposed of first and, if any delay arising from the operation of this subsection adversely affects the right of any person to apply or maintain an application for a special renewal permit or a lease under section 54, such right shall be deemed not to be so affected. 1991, c. 10, s. 19.
Drilling Orders 125 (1) Where a significant discovery has been declared
on land in respect of which an exploration agreement has been entered into or a special renewal permit has been granted, the Minister may, at any time thereafter, order the drilling thereon of a well in relation to that significant discovery, subject to such specifications as may be included in the order, to commence within one year after the making of the order or such longer period specified in the order as the Minister considers appropriate in the circumstances. (2) Where an order has been made under subsection (1),
the Minister shall not make any further order for the drilling of a well in relation to the same significant discovery as long as work is actively progressing in compliance with the order that has been made.
Current to June 20, 2022
Canada Oil and Gas Land Regulations PART II Option Enforcement Sections 126-127
Enforcement 126 (1) Where any person holding an exploration agreement or a special renewal permit does not comply with any term or condition therein, or with any order made under section 125, the Minister may give notice in writing to that person directing him to comply with the term, condition or order within 90 days of the date of the notice. (2) Where a person notified under subsection (1) fails to comply with the notice within the 90-day period specified therein, the Minister may cancel the exploration agreement or special renewal permit or suspend it for any period on any conditions he considers appropriate in the circumstances. 127 No disposition of or other dealing in any land in respect of which Petro-Canada Limited has the rights granted by section 33 or 121 is vitiated by reason only of (a) any failure to give Petro-Canada Limited any notice required by or under those sections; or (b) an erroneous determination of any Canadian participation rate under these Regulations. 1991, c. 10, s. 19.
Current to June 20, 2022
Canada Oil and Gas Land Regulations SCHEDULE I
SCHEDULE I (ss. 24, 56 and 74)
Fees 1
Exploratory licence .................................................
$25.00
Exploratory permit ..................................................
250.00
Oil and Gas lease ....................................................
10.00
Transfer of permit ...................................................
25.00
Transfer of lease .....................................................
10.00
Current to June 20, 2022
Canada Oil and Gas Land Regulations SCHEDULE II
SCHEDULE II (ss. 40, 42 and 80)
Deposits Column I
Column II
Period
Deposit
The first 18-month period of the $0.05 for each acre original term in the case of a permit to be included in referred to in subsection 36(1), (2), (3) the permit. or (5) or paragraph 36(6)(b),
The first 36-month period of the original term in the case of a permit referred to in subsection 36(4) or paragraph 36(6)(a),
$0.05 for each acre to be included in the permit.
The second 18-month period of the original term in the case of a permit referred to in subsection 36(1),
$0.15 for each acre included in the permit.
The 30-month period of the original term next following the first 18month period of the original term in the case of a permit referred to in subsection 36(2), (3) or (5) or paragraph 36(6)(b),
$0.15 for each acre included in the permit.
(a)
The second 36-month period of $0.15 for each acre the original term in the case of included in the a permit referred to in permit. subsection 36(4) or paragraph 36(6)(a), and
(b)
the first renewal period in the case of a permit referred to in subsection 36(4) or (6),
(a)
The 24-month period of the original term next following the 30-month period referred to in item 4 in the case of a permit referred to in subsection 36(3) or (5) or paragraph 36(6)(b),
(b)
the first renewal period in the case of a permit referred to in subsection 36(3) or (5),
(c)
the 24-month period of the original term following the second 36-month period of the original term in the case of a permit referred to in paragraph 36(6)(a), and
(d)
the second renewal period in the case of a permit referred to in subsection 36(5) or (6),
$0.20 for each acre included in the permit.
The first renewal period of a permit $0.30 for each acre referred to in subsection 36(1) or (2); included in the and the second renewal period of a permit. permit referred to in subsection 36(3) or (4),
Current to June 20, 2022
Canada Oil and Gas Land Regulations SCHEDULE II
Column I
Column II
Period
Deposit
(a)
The second renewal period in $0.40 for each acre the case of a permit referred to included in the in subsection 36(1) or (2), and permit.
(b)
the third renewal period in the case of a permit referred to in subsection 36(5) or (6),
The third renewal period, except for a $0.50 for each acre permit referred to in subsection 36(5) included in the or (6), permit.
The fourth renewal period,
$0.50 for each acre included in the permit.
The fifth renewal period,
$0.50 for each acre included in the permit.
The sixth renewal period,
$0.50 for each acre included in the permit.
The period of an extension granted pursuant to section 39,
$0.10 for each acre included in the permit.
Current to June 20, 2022
Canada Oil and Gas Land Regulations SCHEDULE III Request
SCHEDULE III (s. 111)
Request I, ...................................................................................., holder of Oil and Gas Permit No. ............................................................. issued pursuant to ....... (insert the reference to the Regulations under which the permit was issued)
and in effect on the 23rd day of September, 1957, hereby request from and after the day of filing of this Request with the Chief of the Resources Division, the said permit shall be subject to the Canada Oil and Gas Land Regulations. Dated at ............................................ this .................................. day of ....................................... , 19....... ...................................................... Signature of Permittee
Current to June 20, 2022
Canada Oil and Gas Land Regulations SCHEDULE IV
SCHEDULE IV (s. 2)
1 That portion of the submerged lands lying south of the Province of Newfoundland between latitudes 44°00′0″ and 47°00′0″ North and between longitudes 55°00′0″ and 58°00′0″ West, excepting thereout the following lands; (a) all lands within the territory of the St. Pierre and Miquelon Islands, (b) all lands within the area described as follows: COMMENCING at a point 44°10′ North 58°00′ West; THENCE, north along the westerly boundaries of the grid areas whose westerly corners lie on longitude 58°00′ West to 45°20′ North 58°00′ West; THENCE, east along the northerly boundary of the grid area whose northerly corners lie on latitude 45°20′ North to 45°20′ North 57°45′ West; THENCE, south along the easterly boundary of the same grid area to 45°10′ North 57°45′ West; THENCE, east along the northerly boundary of the grid area whose northerly corners lie on latitude 45°10′ North to 45°10′ North 57°30′ West; THENCE, south along the easterly boundary of the same grid area to 45°00′ North 57°30′ West; THENCE, east along the northerly boundary of the half grid area whose northerly corners lie on latitude 45°00′ North to 45°00′ North 57°22′30″ West; THENCE, south along the easterly boundary of the same half grid area to 44°50′ North 57°22′30″ West; THENCE, east along the northerly boundary of the grid area whose northerly corners lie on latitude 44°50′ North to 44°50′ North 57°15′ West; THENCE, south along the easterly boundaries of the grid areas whose easterly corners lie on longitude 57°15′ West to 44°35′ North 57°15′ West; THENCE, east along the northerly boundary of the half grid area whose northerly corners lie on latitude 44°35′ North to 44°35′ North 57°00′ West; THENCE, south along the easterly boundaries of the grid areas whose easterly corners lie on longitude 57°00′ West to 44°00′ North 57°00′ West; THENCE, west to 44°00′ North 58°00′ West; THENCE, north to the point of commencement.
Current to June 20, 2022
Canada Oil and Gas Land Regulations SCHEDULE V
SCHEDULE V (s. 36)
1 The first 36-month period of the original term of each permit issued after June 30, 1964, but prior to July 1, 1967, is extended by 12 months. 2 The second 36-month period of the original term of each permit issued after June 30, 1961, but prior to July 1, 1964, is extended by 12 months. 3 The third 24-month period of the original term of each permit issued prior to July 1, 1961, is extended by 12 months.
Current to June 20, 2022
Canada Oil and Gas Land Regulations SCHEDULE VI
SCHEDULE VI (ss. 2 and 36)
All that part of Canada north of a line following the 60th parallel north latitude from the boundary of Alaska to Hudson Bay, THENCE, along the low water mark of Hudson Bay to Cape Fullerton, THENCE, to Cape Kendall on Southampton lsland, THENCE, along the south shore of Southampton Island to Seahorse Point, THENCE, to Lloyd Point on Foxe Peninsula, THENCE, along the low water mark of the southern part of Baffin Island to the southeastern tip of Baffin Island (including the adjacent islands), THENCE, to the Savage Islands, THENCE, to the northwest corner of Resolution Island, THENCE, along the low water mark of the southern shore of Resolution Island to its southernmost point, and THENCE along parallel 61°18′ north latitude to the easternmost boundary of Canada.
Current to June 20, 2022
Canada Oil and Gas Land Regulations RELATED PROVISIONS
RELATED PROVISIONS — The Canada-Yukon Oil and Gas Accord Implementation Act, 1998, c. 5, s. 20, reads a s follows: “Continuation of existing interests 20 (1) Every existing federal interest remains in effect on and after the transfer date until it expires or is cancelled, until it is surrendered by the holder of the interest or until otherwise agreed to by the holder of the interest and the territorial oil and gas minister.
Application of Yukon laws (2) On and after the transfer date and subject to subsection (3), Yukon oil and gas laws apply in respect of every existing federal interest, except that (a) rights under an existing federal interest, within the meaning of subsection (4), may not be diminished; and (b) the term of an existing federal interest may not be reduced.
Cancellation or suspension (3) An existing federal interest may be cancelled or rights under it suspended, in accordance with Yukon oil and gas laws, if the interest could have been cancelled or the rights suspended in like circumstances before the transfer date.
Rights (4) For the purposes of subsection (2), rights under an existing federal interest are the following: ... (d) in the case of a lease issued under the Canada Oil and Gas Land Regulations, C.R.C., c. 1518, (i) the rights described in section 58 of those Regulations, as that section read on the transfer date, in respect of the lands described in the lease, and (ii) a right to the reissuance of the lease, as provided by section 63 of those Regulations, as that section read on the transfer date.
Confirmation of interests by Yukon laws (5) Yukon oil and gas laws must include provisions corresponding to the provisions of this section for as long as any existing federal interest remains in effect.”
Current to June 20, 2022
|
CONSOLIDATION
Canadian Wheat Board Advisory Committee 1994 Election Regulations
[Repealed, SOR/2013-19, s. 6]
Current to June 20, 2022 Last amended on August 1, 2013
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, 2013. 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, 2013
TABLE OF PROVISIONS Regulations Respecting the Election of the Members of the Advisory Committee of the Canadian Wheat Board
Current to June 20, 2022 Last amended on August 1, 2013
ii
|
CONSOLIDATION
CATSA Aerodrome Designation Regulations
SOR/2002-180
Current to June 20, 2022 Last amended on May 11, 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 11, 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 11, 2022
TABLE OF PROVISIONS CATSA Aerodrome Designation Regulations
Designation
Coming into Force SCHEDULE
Current to June 20, 2022 Last amended on May 11, 2022
ii
Registration SOR/2002-180
May 2, 2002
CANADIAN AIR TRANSPORT SECURITY AUTHORITY ACT CATSA Aerodrome Designation Regulations
P.C. 2002-737
May 2, 2002
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 34(a) of the Canadian Air Transport Security Authority Acta, hereby makes the annexed CATSA Aerodrome Designation Regulations.
a
S.C. 2002, c. 9
Current to June 20, 2022 Last amended on May 11, 2022
Designation 1 The aerodromes set out in the schedule are designated for the purposes of the Canadian Air Transport Security Authority Act.
Coming into Force 2 These Regulations come into force on the day on
which they are registered.
Current to June 20, 2022 Last amended on May 11, 2022
CATSA Aerodrome Designation Regulations SCHEDULE
SCHEDULE (Section 1)
Designated Aerodromes Column 1
Column 2
Location
International Civil Aviation Organization (ICAO) Location Indicator
Abbotsford
CYXX
Alma
CYTF
Bagotville
CYBG
Baie-Comeau
CYBC
Bathurst
CZBF
Brandon
CYBR
Calgary
CYYC
Campbell River
CYBL
Castlegar
CYCG
Charlo
CYCL
Charlottetown
CYYG
Chibougamau/Chapais
CYMT
Churchill Falls
CZUM
Comox
CYQQ
Cranbrook
CYXC
Dawson Creek
CYDQ
Deer Lake
CYDF
Edmonton
CYEG
Fort McMurray
CYMM
Fort St. John
CYXJ
Fredericton
CYFC
Gander
CYQX
Gaspé
CYGP
Goose Bay
CYYR
Grande Prairie
CYQU
Halifax
CYHZ
Hamilton
CYHM
Îles-de-la-Madeleine
CYGR
Iqaluit
CYFB
Kamloops
CYKA
Kelowna
CYLW
Kingston
CYGK
Kitchener/Waterloo
CYKF
Kuujjuaq
CYVP
Kuujjuarapik
CYGW
La Grande Rivière
CYGL
La Macaza / Mont-Tremblant
CYFJ
Lethbridge
CYQL
Lloydminster
CYLL
London
CYXU
Current to June 20, 2022 Last amended on May 11, 2022
CATSA Aerodrome Designation Regulations SCHEDULE
Column 1
Column 2
Location
International Civil Aviation Organization (ICAO) Location Indicator
Lourdes-de-BlancSablon
CYBX
Medicine Hat
CYXH
Moncton
CYQM
Mont-Joli
CYYY
Montréal
CYMX, CYUL
Nanaimo
CYCD
North Bay
CYYB
Ottawa
CYOW
Penticton
CYYF
Prince Albert
CYPA
Prince George
CYXS
Prince Rupert
CYPR
Québec
CYQB
Quesnel
CYQZ
Red Deer
CYQF
Regina
CYQR
Roberval
CYRJ
Rouyn-Noranda
CYUY
St. Anthony
CYAY
Saint John
CYSJ
St. John’s
CYYT
Saint-Léonard
CYSL
Sandspit
CYZP
Sarnia
CYZR
Saskatoon
CYXE
Sault Ste. Marie
CYAM
Sept-Îles
CYZV
Smithers
CYYD
Stephenville
CYJT
Sudbury
CYSB
Sydney
CYQY
Terrace
CYXT
Thompson
CYTH
Thunder Bay
CYQT
Timmins
CYTS
Toronto
CYKZ, CYTZ, CYYZ
Val-d’Or
CYVO
Vancouver
CYVR
Victoria
CYYJ
Wabush
CYWK
Whitehorse
CYXY
Williams Lake
CYWL
Windsor
CYQG
Winnipeg
CYWG
Yarmouth
CYQI
Current to June 20, 2022 Last amended on May 11, 2022
CATSA Aerodrome Designation Regulations SCHEDULE
Column 1
Column 2
Location
International Civil Aviation Organization (ICAO) Location Indicator
Yellowknife
CYZF
SOR/2004-29, s. 10; SOR/2004-292, ss. 1, 2; SOR/2009-293, ss. 1 to 4; SOR/2022-93, s. 1.
Current to June 20, 2022 Last amended on May 11, 2022
|
CONSOLIDATION
CJFTA Rules of Origin for Casual Goods Regulations
SOR/2012-180
Current to June 20, 2022 Last amended on October 1, 2012
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 1, 2012. 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 1, 2012
TABLE OF PROVISIONS CJFTA Rules of Origin for Casual Goods Regulations
Interpretation
Casual Goods
*3
Coming into Force
Current to June 20, 2022 Last amended on October 1, 2012
ii
Registration SOR/2012-180
September 20, 2012
CUSTOMS TARIFF CJFTA Rules of Origin for Casual Goods Regulations
P.C. 2012-1081
September 20, 2012
His 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 CJFTA 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 October 1, 2012
CJFTA 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 Jordan are considered to originate in that country and are entitled to the benefit of the Jordan Tariff if (a) the marking of the goods is in accordance with the
marking laws of Jordan and indicates that the goods are the product of Jordan or Canada; or (b) the goods do not bear a mark and there is no indication that the goods are not the product of Jordan or Canada.
Coming into Force 3 These Regulations come into force on the day on which section 36 of the Canada–Jordan Economic Growth and Prosperity Act, chapter 18 of the Statutes of Canada, 2012, comes into force. *
*
[Note: Regulations in force October 1, 2012.]
Current to June 20, 2022 Last amended on October 1, 2012
|
CONSOLIDATION
Coal Mining Safety Commission Regulations
SOR/90-98
Current to June 20, 2022 Last amended on July 1, 2021
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, 2021. 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, 2021
TABLE OF PROVISIONS Regulations Respecting the Manner of Selection and Term of Office of the Members of the Coal Mining Safety Commission 1
Short Title
Interpretation
Selection of Members
Term of Office
Reappointment of Members
Current to June 20, 2022 Last amended on July 1, 2021
ii
Registration SOR/90-98 January 25, 1990
CANADA LABOUR CODE Coal Mining Safety Commission Regulations
P.C. 1990-108
January 25, 1990
Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to subsections 137.1(3)* and 157(1)** of the Canada Labour Code, is pleased hereby to make the annexed Regulations respecting the manner of selection and term of office of the members of the Coal Mining Safety Commission, effective February 1, 1990.
*
R.S., c. 26 (4th Supp.), s. 3
**
R.S., c. 9 (1st Supp.), s. 4
Current to June 20, 2022 Last amended on July 1, 2021
Regulations Respecting the Manner of Selection and Term of Office of the Members of the Coal Mining Safety Commission
Short Title 1 These Regulations may be cited as the Coal Mining
Safety Commission Regulations.
Interpretation 2 In these Regulations,
Act means Part II of the Canada Labour Code; (Loi) Commission means the Coal Mining Safety Commission established by subsection 137.1(1) of the Act. (Commission)
Selection of Members 3 (1) Two months prior to the expiration of the term of
office of a member of the Commission representative of employers of employees in coal mines, those employers may submit to the Head of Compliance and Enforcement for consideration the name and qualifications of a person the employers recommend be appointed as a member of the Commission to represent the employers. (2) Two months prior to the expiration of the term of office of a member of the Commission representative of non-supervisory employees employed in coal mines, the trade union representing those employees may, in consultation with any non-supervisory employees who are not represented by a trade union, submit to the Head of Compliance and Enforcement for consideration the name and qualifications of a person the trade union recommends be appointed as a member of the Commission to represent the non-supervisory employees. SOR/99-355, s. 1; SOR/2021-118, s. 10.
4 (1) Within 30 days after a member of the Commission representing employers referred to in subsection 3(1) resigns or ceases to be a member for any other reason, the employers may submit to the Head of Compliance and Enforcement for consideration the name and qualifications of one person the employers recommend be appointed to replace the member of the Commission.
Current to June 20, 2022 Last amended on July 1, 2021
Coal Mining Safety Commission Regulations Selection of Members Sections 4-7
(2) Within 30 days after a member of the Commission representing non-supervisory employees referred to in subsection 3(2) resigns or ceases to be a member for any other reason, the trade union representing those employees may, in consultation with any non-supervisory employees who are not represented by a trade union, submit to the Head of Compliance and Enforcement for consideration the name and qualifications of one person the trade union recommends be appointed to replace the member of the Commission. SOR/99-355, s. 1; SOR/2021-118, s. 10.
5 Where names and qualifications are not submitted to the Head of Compliance and Enforcement in accordance with section 3 or 4, the Head of Compliance and Enforcement shall consult with the employers, the non-supervisory employees or the trade union, as the case may be, before appointing a person as a member of the Commission. SOR/2021-118, s. 10.
Term of Office 6 The term of office of the members of the Commission
shall be three years. SOR/99-355, s. 2.
Reappointment of Members 7 A person may be reappointed as a member of the Commission for more than one term.
Current to June 20, 2022 Last amended on July 1, 2021
|
CONSOLIDATION
Court Martial Appeal Court Rules
SOR/86-959
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 Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada RULE 1
Short Title
RULE 2
Interpretation
RULE 3
General
RULE 4
The Judges
RULE 4.1 SCHEDULE OF HEARINGS
RULE 4.2
Form of Documents
RULE 5
Commencement of Proceedings
RULE 6
Obligations of the Court Martial Administrator
RULE 7
Appellant’s Memorandum of Fact and Law
RULE 8
Quashing an Appeal
RULE 9
Respondent’s Memorandum of Fact and Law
RULE 10
Memorandum in Reply
RULE 11
Request for Hearing
RULE 11.1
Constitutional Questions
Current to June 20, 2022
ii
Court Martial Appeal Court Rules TABLE OF PROVISIONS
RULE 12
Release from Pre-trial Custody and Release Pending Appeal
RULE 13.1
Petition for New Trial
RULE 14
Production of Documents and Particulars
RULE 17
Time
RULE 19
Representation by Counsel
RULE 20
Appointment of Counsel by the Director of Defence Counsel Services
RULE 21
Fees and Costs
RULE 23
Service of Documents
RULE 23.1
Filing of Documents
RULE 24
Applications, Motions and Notices
RULE 27
Application by Party Under Custody to Attend Hearing
RULE 28
Special Dispositions
RULE 29
Practice and Procedures at Hearings
RULE 32
Evidence and Witnesses
RULE 35
Judgments and Orders
RULE 36
Abandonment of Proceedings
RULE 38
Seal
Current to June 20, 2022
iv
Court Martial Appeal Court Rules TABLE OF PROVISIONS
RULE 39
Judicial Administrator
RULE 40
Duties of the Administrator
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3
Memorandum of Particulars SCHEDULE 4
Appeal Book SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9
Current to June 20, 2022
v
Registration SOR/86-959 September 11, 1986
NATIONAL DEFENCE ACT Court Martial Appeal Court Rules P.C. 1986-2080
September 11, 1986
Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence and the Minister of Justice, is pleased hereby, pursuant to subsection 207(1)* and section 211.82** of the National Defence Act, to approve the revocation, by the Chief Justice of the Court Martial Appeal Court of Canada, of the Court Martial Appeal Rules of Canada, approved by Order in Council P.C. 1979-589 of March 1, 1979***, and to approve the Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada, made by the Chief Justice of the Court Martial Appeal Court of Canada on June 16, 1986, in substitution therefor. The Chief Justice of the Court Martial Appeal Court of Canada, pursuant to subsection 207(1)* and section 211.82** of the National Defence Act, and subject to the approval of the Governor in Council, hereby revokes the Court Martial Appeal Rules of Canada, approved by Order in Council P.C. 1979-589 of March 1, 1979***, and makes the annexed Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada, in substitution therefor. Ottawa, June 16, 1986 PATRICK M. MAHONEY Chief Justice Court Martial Appeal Court of Canada
*
S.C. 1984, c. 40, s. 47
**
S.C. 1985, c. 26, s. 62
***
SOR/79-235, 1979 Canada Gazette Part II, p. 973
Current to June 20, 2022
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
Short Title RULE 1 These Rules may be cited as the Court Martial
Appeal Court Rules. SOR/2001-91, s. 2.
Interpretation RULE 2 In these Rules,
Act means the National Defence Act; (Loi) Administrator means the Administrator of the Court and includes the Assistant Administrator; (administrateur) appellant means a person referred to in section 248.9 of the Act on whose behalf a decision or order is appealed from, a person on whose behalf a petition has been referred to the Court under subsection 249.16(2) of the Act or a person on whose behalf a Notice of Appeal is delivered; (appelant) applicant means a person, other than an appellant, on whose behalf an application under Division 3 or 10 of Part III of the Act is filed, or a person on whose behalf a Notice of Motion is filed; (requérant) counsel means a barrister or advocate entitled to practise in the Court; (avocat) Court means the Court Martial Appeal Court of Canada; (Cour) Court Martial Administrator means the person appointed under section 165.18 of the Act; (administrateur de la cour martiale) holiday has the same meaning as in subsection 35(1) of the Interpretation Act; (jour férié) Judicial Administrator means the officer of the Registry so designated pursuant to Rule 39; (administrateur judiciaire) Minister means Minister of National Defence and includes any person instructed to exercise the right of appeal under section 230.1 of the Act; (ministre)
Current to June 20, 2022
Court Martial Appeal Court Rules Interpretation Sections RULE 2-RULE 4
Notice of Appeal means the Notice of Appeal required by section 232 of the Act; (avis d’appel) Record means (a) the original minutes of the proceedings of the
court martial or of the hearing under Division 3 or 10 of Part III of the Act, (b) all documents and records relevant to the appeal
or application that were attached to the original minutes, (c) subject to Rule 6.1, all other records and exhibits
filed at the court martial or hearing under Division 3 or 10 of Part III of the Act, and (d) all documents and records relevant to any application under Division 3 or 10 of Part III of the Act; (Dossier)
Registry means the principal office of the Court in Ottawa and the other offices of the Court at Halifax, Fredericton, Quebec City, Montreal, Toronto, Winnipeg, Calgary, Edmonton and Vancouver, and includes the Administrator, officers, clerks and employees of the Court; (greffe) respondent means a party to a proceeding other than an appellant or applicant and includes a respondent’s counsel of record but does not include an attorney general who files a notice of intention to intervene pursuant to subsection (3) of Rule 11.1. (intimé) Statement of Appeal [Revoked, SOR/92-152, s. 1] SOR/92-152, s. 1; SOR/2001-91, s. 3.
General RULE 3 These Rules are intended to render effective the
substantive law and to ensure that it is carried out; they shall be liberally construed to secure the just, expeditious and economical resolution of each proceeding.
The Judges RULE 4 The Chief Justice has rank and precedence before all the other judges who have precedence among themselves according to the dates upon which they respectively became judges of the Court. SOR/2001-91, s. 4.
Current to June 20, 2022
Court Martial Appeal Court Rules Schedule of Hearings Sections RULE 4.1-RULE 4.2
Schedule of Hearings RULE 4.1 (1) The Chief Justice shall designate the
judge or judges to hear an appeal or other proceeding and shall, by order, fix the time and place of the hearing. (2) The Registry shall send a copy of the order to the Court Martial Administrator and the parties. (3) A judge, prior to a hearing, or the Court, at the hearing, may postpone the hearing if it is considered just in the circumstances. The Registry shall notify the Court Martial Administrator and the parties of the postponement. SOR/2001-91, s. 4.
Form of Documents RULE 4.2 (1) This Rule applies in respect of a document, other than the Record, the appeal book or a petition referred to in subsection 249.16(2) of the Act, that is prepared for use in a proceeding. (2) The document shall be printed, typewritten or reproduced legibly, on good quality white or off-white paper measuring 21.5 cm by 28 cm, (a) on one side of the paper only, in respect of a document other than a book of authorities; (b) in a type not smaller than 10 points; (c) with top and bottom margins of not less than 2.5 cm and left and right margins of not less than 3.5 cm; and (d) with no more than 30 lines per page, exclusive of
headings. (3) The first page of the document shall have a heading
that sets out (a) the Court file number; (b) the style of cause; and (c) the title of the document. (4) The document shall be dated and contain (a) a table of contents, if there are several components
to the document; and
Current to June 20, 2022
Court Martial Appeal Court Rules Form of Documents Sections RULE 4.2-RULE 5
(b) for the purpose of service in Canada, the name,
address, telephone number and facsimile number of the counsel filing the document or of the party, where the party is not represented by counsel. (5) No Memorandum of Fact and Law shall exceed 30 pages in length, and no Memorandum in Reply shall exceed 10 pages in length, exclusive in each case of the list of authorities, unless the Court, if it is considered just in the circumstances, permits otherwise. (6) All documents filed in the Registry shall be signed by
the counsel for the party, or by the party, if the party is not represented by counsel. SOR/2001-91, s. 4.
Commencement of Proceedings RULE 5 (1) A file shall be opened by the Registry without delay upon receipt by the Registry of the first of the following documents: (a) an application for review under section 159.9 of
the Act that sets out the date of the direction to be reviewed; (b) a Notice of Appeal under section 232 of the Act
that sets out the date of the decision appealed from; (c) an application for review under section 248.8 of
the Act that sets out the date of the undertaking to be reviewed; or (d) a Notice of Motion commencing an appeal under section 248.9 of the Act that sets out the date of the decision or order appealed from. (2) Within 10 days after a document referred to in subsection (1) is filed, the appellant or applicant shall serve a copy of the document on the respondent and the Court Martial Administrator and, within 10 days after serving the document, file proof of service with the Registry. (3) A respondent who intends to participate in an appeal or review shall, within 15 days after service of the document referred to in subsection (1), serve on the appellant or applicant and the Court Martial Administrator, and file with the Registry, (a) a notice of appearance in the form set out in
Schedule 1; or (b) where the respondent seeks a different disposition
of the order appealed from or under review, a notice of cross-appeal in the form set out in Schedule 2.
Current to June 20, 2022
Court Martial Appeal Court Rules Commencement of Proceedings Sections RULE 5-RULE 6.1
(4) Where a document referred to in subsection (1) is
filed in respect of a decision that is already the subject of an appeal or application, that document is deemed to be the notice required by subsection (3) and shall be placed on the file of the first proceeding. (5) All proceedings before the Court under Divisions 3, 9,
10 and 11 of Part III of the Act arising out of or relating to a decision of a court martial, or a direction of a military judge, in respect of the same charge or charges against a person shall be placed on the file opened under subsection (1). SOR/92-152, s. 2; SOR/2001-91, s. 4.
Obligations of the Court Martial Administrator RULE 6 (1) Within 30 days after being served with a Notice of Appeal under section 232 of the Act, the Court Martial Administrator shall cause a Memorandum of Particulars, prepared in accordance with Schedule 3, to be served on the parties and filed with the Registry. (2) Subject to subsections (3), (4) and 6.1(1), and within
90 days after being served with a document referred to in subsection 5(1), or the documents in respect of an application for a new trial that are referred to in subsection 13.1(3), the Court Martial Administrator shall cause the Record to be forwarded to the Registry. (3) On the written request of the Court Martial Administrator made before the expiration of the time within which the Record must be forwarded, the Court may extend the time for doing so if it is considered just in the circumstances. (4) The Court Martial Administrator shall not forward to the Registry any portion of the Record that the parties to the proceedings agree in writing is not relevant to any issue in a proceeding. (5) The Court Martial Administrator shall, at the same
time as the Court Martial Administrator causes the Record to be forwarded to the Registry, file with the Registry five copies of the appeal book, prepared and certified in accordance with Schedule 4, and serve a copy of it on the parties and file proof of service with the Registry within 10 days after serving the appeal book. SOR/92-152, s. 2; SOR/2001-91, s. 4.
RULE 6.1 (1) The Court Martial Administrator shall include in the Record and in the appeal book a photograph or a written description of any exhibit entered at the court martial or hearing under Division 3 or 10 of Part III of the Act that is not a document or that is a document
Current to June 20, 2022
Court Martial Appeal Court Rules Obligations of the Court Martial Administrator Sections RULE 6.1-RULE 8
that is impracticable to be forwarded to the Registry with the Record. (2) The Court Martial Administrator shall cause every
exhibit referred to in subsection (1) to be produced at the hearing, unless excused from doing so by agreement of the parties or by an order that is applied for by a party at least 15 days before the date fixed for the hearing. SOR/2001-91, s. 4.
Appellant’s Memorandum of Fact and Law RULE 7 (1) Within 30 days after being served with the appeal book, the appellant shall serve a copy of the appellant’s Memorandum of Fact and Law on the respondent and file five copies of it with the Registry. (2) The appellant’s Memorandum of Fact and Law shall contain (a) a concise statement of the facts of the case; (b) the arguments the appellant proposes to make to the Court; (c) appropriate references to the appeal book; and (d) a list of the authorities, statutes and regulations on
which the appellant intends to rely in argument, together with copies of the pertinent portions thereof. (3) The appellant may, in the Memorandum of Fact and
Law, give notice of intention to (a) argue grounds of appeal not contained in the Notice of Appeal; and (b) abandon any grounds of appeal contained in the
Notice of Appeal. (4) Any new grounds the appellant proposes to argue
shall be clearly identified as such and shall be set out in the Memorandum of Fact and Law. (5) [Repealed, SOR/2001-91, s. 5] SOR/92-152, s. 2; SOR/2001-91, s. 5.
Quashing an Appeal RULE 8 (1) A respondent may, within 15 days after being served with the appellant’s Memorandum of Fact and Law, apply for an order quashing the appeal on the
Current to June 20, 2022
Court Martial Appeal Court Rules Quashing an Appeal Sections RULE 8-RULE 10
grounds that no substantial grounds of appeal have been shown. (2) A judge may at any time order an appellant to show
cause why an appeal ought not be quashed on the grounds that no substantial grounds of appeal have been shown. (3) Where on service of a notice of motion in respect of
an order referred to in subsection (1) or on the making of a show cause order to quash referred to in subsection (2), unless a judge orders otherwise, no further proceedings in the appeal shall take place until the issue is disposed of, and the time for taking further proceedings shall be extended accordingly. SOR/92-152, s. 2.
Respondent’s Memorandum of Fact and Law RULE 9 (1) Within 30 days after being served with the appellant’s Memorandum of Fact and Law, the respondent shall serve a copy of the respondent’s Memorandum of Fact and Law on the appellant and file five copies of it with the Registry. (2) The respondent’s Memorandum of Fact and Law
shall contain (a) a statement in respect of the appellant’s statement of facts indicating those accepted as correct and those not so accepted and giving a concise statement of any additional facts the respondent considers material to the appeal; (b) the arguments the respondent proposes to make to the Court; (c) appropriate references to the appeal book; and (d) a list of the authorities, statutes and regulations on which the respondent intends to rely in argument, together with copies of the pertinent portions thereof. SOR/92-152, s. 2; SOR/2001-91, s. 6.
Memorandum in Reply RULE 10 (1) Where the respondent has served a notice of cross-appeal and has, in the Memorandum of Fact and Law, advanced arguments in support of varying the decision under appeal, the appellant shall, within 30 days after being served with the respondent’s Memorandum of Fact and Law, serve a copy of the appellant’s Memorandum in Reply on the respondent in accordance with
Current to June 20, 2022
Court Martial Appeal Court Rules Memorandum in Reply Sections RULE 10-RULE 11.1
subsection 9(2), with such modifications as the circumstances require, and file five copies of it with the Registry. (2) Except as provided by subsection (1), no Memorandum in Reply shall be filed without leave of a judge applied for within 10 days after the date of service of the respondent’s Memorandum of Fact and Law. SOR/92-152, s. 2; SOR/2001-91, s. 7.
Request for Hearing RULE 11 (1) Within 20 days after being served with the respondent’s Memorandum of Fact and Law or having served the appellant’s Memorandum in Reply, as the case may be, the appellant shall serve and file a requisition for hearing in the form set out in Schedule 5 requesting that a date be set for the hearing of the appeal. (2) If the appellant does not file a requisition for hearing,
the respondent may do so in the manner set out in subsection (1). SOR/92-152, s. 2; SOR/2001-91, s. 8.
Constitutional Questions RULE 11.1 (1) Where a question in respect of the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province or of regulations under it is put in issue in an appeal, argument shall not be heard on that question nor shall the question be dealt with by the Court on disposition of the appeal unless subsection (2) has been complied with. (2) The party who has put a constitutional question in issue in an appeal shall serve notice of it, in the form set out in Schedule 6, on the Attorney General of Canada and on the attorney general of each province, and shall file proof with the Registry of the service of the notice at least 10 days before the date set for the beginning of the hearing of the appeal. (3) An attorney general who wishes to be heard on a constitutional question that is put in issue in an appeal shall, at least five days before the date set for the commencement of the hearing of the appeal, file with the Registry a notice of intention to intervene. SOR/91-162, s. 1; SOR/2001-91, s. 9.
Current to June 20, 2022
Court Martial Appeal Court Rules Release from Pre-trial Custody and Release Pending Appeal Sections RULE 12-RULE 12
Release from Pre-trial Custody and Release Pending Appeal [SOR/2001-91, s. 10]
RULE 12 (1) All applications to the Court or to a judge of the Court under Division 3 or 10 of Part III of the Act, including appeals under section 248.9 of the Act, shall be made by motion under Rule 24 and shall, subject to subsection (1.1), be dealt with on the personal appearance of the parties. (1.1) The applicant may request that the application be
dealt with on the basis of written representations by the parties without the personal appearance of the parties and must request that it be dealt with in that manner if the order sought is proposed to be made on consent. (2) Every Notice of Motion filed under this Rule shall be in the form set out in Schedule 7 and shall contain or be accompanied by a Memorandum of Particulars, prepared in accordance with Schedule 3. (3) In the case of an application for release by a person in pre-trial custody or sentenced to a period of detention or imprisonment, the application shall be supported by the applicant’s affidavit stating, in addition to other facts upon which the person may wish to rely, the following: (a) the reasons for which the person submits that the
application for the review or appeal should succeed; (b) his proposed place of residence if, upon release, he
is not returned to duty; (c) his record of criminal and service offences, including all offences of which he has been convicted by a service tribunal, civil court or court of a foreign state, with the date and place of each conviction and the sentence imposed; and (d) a statement of service or criminal charges pending
against him, whether in Canada or elsewhere, and the details thereof. (4) An application which is not accompanied by the documents required by subsections (2) and (3) may be summarily dismissed. (5) An application referred to in subsection (1) by an applicant in custody and not represented by counsel is deemed to include an application under subsection 27(3)
Current to June 20, 2022
Court Martial Appeal Court Rules Release from Pre-trial Custody and Release Pending Appeal Sections RULE 12-RULE 13.1
unless the applicant requests that it be dealt with in accordance with subsection (1.1). SOR/92-152, s. 3; SOR/2001-91, s. 11.
RULE 13 (1) An application under Division 3 or 10 of Part III of the Act, including an appeal under section 248.9 of the Act, shall be heard and determined without delay and the Chief Justice may, upon the filing of the Notice of Motion, make an order setting the application down for hearing and directing the manner in which it is to proceed to hearing. (2) If it is considered just in the circumstances, a judge
may direct that subsection 6(2) and Rules 7 to 11 apply, with such modifications as the circumstances require, to a review under section 159.9 or 248.8 of the Act or to an appeal under section 248.9 of the Act and that the time limits set out in those Rules be varied. SOR/92-152, s. 4; SOR/2001-91, s. 12.
Petition for New Trial RULE 13.1 (1) A file shall be opened by the Registry
without delay upon receipt by the Registry of a petition for a new trial that is referred to the Court by the Minister under subsection 249.16(2) of the Act. (2) The Administrator shall inform the appellant without delay that the petition has been referred to the Court. (3) After being informed that the petition has been referred to the Court, the appellant shall, without delay, file a notice of motion with the Registry in the form set out in Schedule 7, along with a Memorandum of Particulars, prepared in accordance with Schedule 3, and an affidavit that sets out all the facts on which the motion is based that do not appear on the record. (4) Within 10 days after filing the documents referred to
in subsection (3), the appellant shall serve a copy of the documents and the petition on the respondent and on the Court Martial Administrator. Within 10 days after service of the documents, the appellant shall file proof of service of them. (5) After the appellant has filed proof of service under
subsection (4), the procedure to be followed is that set out in Rule 13. SOR/2001-91, s. 12.
Current to June 20, 2022
Court Martial Appeal Court Rules Production of Documents and Particulars Sections RULE 14-RULE 17
Production of Documents and Particulars RULE 14 (1) Where a party requires a document or
record relevant to the appeal or application that has not been forwarded to the Registry and the document or record is in the possession or control of the other party, the party requiring it may serve a notice to produce the document or record on the other party. (2) Within 10 days after being served with the notice referred to in subsection (1), the party shall deliver the required document or record to the other party or serve a reply on the other party, and file a copy of it with the Registry, setting out the reasons why the document or record cannot or should not be produced. SOR/92-152, s. 4; SOR/2001-91, s. 13.
RULE 15 Where a document or record referred to in subsection (1) of Rule 14 is not delivered, a judge may, on application by the party seeking it, make such order as to its production as seems just. SOR/92-152, s. 4.
RULE 16 (1) A judge may, at any time, make an order
requiring the appellant or applicant to furnish particulars of any ground of appeal stated in the Notice of Appeal or Notice of Motion filed under Rule 12 or 13.1. (2) A respondent who requires particulars shall serve a demand on the appellant or applicant and file a copy with the Registry specifying the grounds stated in the notice in respect of which particulars are required, and requesting that, within seven days after the demand is received, (a) the particulars be furnished to him or her; and (b) a copy of the particulars be filed with the Registry. (3) Where the appellant or applicant fails to furnish the
particulars referred to in subsection (2) or furnishes particulars that, in the opinion of the respondent, are inadequate, the respondent may apply to a judge for an order under subsection (1). SOR/92-152, s. 5; SOR/2001-91, s. 14.
Time RULE 17 (1) If it is considered just in the circumstances, the Court may, on motion, extend or abridge a period provided by these Rules or fixed by an order and the motion may be brought before or after the expiration of the period provided by these Rules or fixed by the order.
Current to June 20, 2022
Court Martial Appeal Court Rules Time Sections RULE 17-RULE 19
(2) Despite subsection (1), a party may, without bringing a motion, have a period provided by Rule 5, 7, 8, 9, 10, 14 or 16 extended once, for a period not exceeding one half of the number of days in that period, if the party obtains the written consent of all the parties and files the consent in the Registry before the time provided by the Rule. (3) No extension may be made on consent of the parties
in respect of a period fixed by an order of the Court. SOR/92-152, s. 6; SOR/2001-91, s. 15.
RULE 18 (1) Where the time limit imposed by the Rules or an order is less than six days from or after any event, a holiday shall not be reckoned in the computation of such limited time. (2) Where the time limit for doing a thing expires or falls on a Saturday or holiday, the thing may be done on the day next following that is not a Saturday or holiday. SOR/2001-91, s. 16(E).
Representation by Counsel RULE 19 (1) A party may begin and carry on an appeal
or an application in person or by counsel. (2) Barristers or advocates are officers of the Court and
may practise in the Court if they are (a) entitled by law to practise as barristers or advocates in any province or territory of Canada; or (b) assigned to practise in the Court by the Judge Advocate General. (3) When a party files any document in the Registry
signed on his behalf by counsel, that counsel shall be and remain the party’s counsel of record until a change is effected in a manner provided for by this Rule. (4) A party who is represented by counsel of the party’s own choice may, without leave, and by notice filed in the Registry, change that counsel. The notice must be signed by the new counsel and a copy served on the other party, the former counsel and the Court Martial Administrator. The notice is not effective until proof of that service has been filed in the Registry. (5) Where one counsel of record of a party is appointed by the Director of Defence Counsel Services, the party may apply for an order for leave to change that counsel, provided that notice of the application is given to the Director of Defence Counsel Services, the other party, the counsel of record and the Court Martial Administrator.
Current to June 20, 2022
Court Martial Appeal Court Rules Representation by Counsel Sections RULE 19-RULE 20
The party shall serve the order on them and the order shall not take effect until proof of that service has been filed. (6) Where, for any reason, the counsel of record ceases
to represent a party, that counsel may apply for an order declaring that the counsel is no longer counsel of record, provided that notice of the application is given to the parties and, if counsel was appointed by the Director of Defence Counsel Services, the Director of Defence Counsel Services. The counsel shall serve the order on the parties, the Court Martial Administrator and the Director of Defence Counsel Services and the order shall not take effect until proof of that service has been filed. (7) A party who is no longer represented by counsel of
record shall file with the Registry and serve on the other parties and the Court Martial Administrator a notice of the party’s address and telephone and facsimile numbers for service in Canada. SOR/92-152, s. 7; SOR/2001-91, s. 17.
Appointment of Counsel by the Director of Defence Counsel Services [SOR/2001-91, s. 18]
RULE 20 (1) A party who is not represented by counsel
of record may apply to the Chief Justice for approval of the appointment by the Director of Defence Counsel Services of counsel to represent the party. (2) An application under subsection (1) shall be supported by the party’s affidavit deposing to (a) the pay, income, salary and allowances he was receiving (i) prior to the decision of the court martial or direction of the military judge that is the subject of the proceeding before the Court, and (ii) at the date of the application; (b) his means other than those set out pursuant to paragraph (a); (c) his current and probable future assets and liabilities; (d) his marital status and number of dependants, if
any;
Current to June 20, 2022
Court Martial Appeal Court Rules Appointment of Counsel by the Director of Defence Counsel Services Sections RULE 20-RULE 23
(e) his eligibility to apply for legal aid administered
under the laws of any Canadian jurisdiction and the disposition of any such application if made; and (f) any further facts upon which the appellant relies as justification for such approval. (3) An application under this Rule shall be made by filing the same with the supporting affidavit with the Registry and, upon such filing, the Registry shall make and serve a copy thereof on the Minister. (4) The Minister may, within 15 days after such service,
file and serve a reply to an applicant stating whether or not the application made under this Rule is opposed and, if it is, the reasons for opposition. (5) The Chief Justice shall approve the appointment of counsel by the Director of Defence Counsel Services where, after considering the affidavit of the applicant and any reply of the Minister, the Chief Justice determines that the facts, including the financial circumstances of the applicant, justify the appointment. SOR/92-152, s. 8; SOR/2001-91, s. 19.
Fees and Costs RULE 21 (1) Where a party other than the Minister is represented by counsel, the Court may direct that all or any of the counsel’s fees in relation to the appeal or application be paid, as taxed by an assessment officer in accordance with the applicable tariff of the Federal Court Rules, 1998. (2) The Court may direct that all or any of the party’s costs in the Court in relation to the appeal or application be paid, as taxed by an assessment officer in accordance with the applicable tariff of the Federal Court Rules, 1998. SOR/2001-91, s. 20.
RULE 22 (1) Any taxation pursuant to Rule 21 is subject
to review upon application made within 10 days of the date of any such taxation. (2) An application for review under this Rule shall be dealt with by a judge in the first instance, but either party may, within 10 days of the date the judge’s decision is communicated to him, apply for the review of that decision by the Court.
Service of Documents RULE 23 (1) Subject to subsections (4), (5) and (7), service of a document shall be effected
Current to June 20, 2022
Court Martial Appeal Court Rules Service of Documents Sections RULE 23-RULE 23
(a) in the case of service on an appellant or applicant,
by personal service, registered mail or by a courier that assures service within two days after pick-up, excluding Saturdays and holidays, to the address for service as set out in the Notice of Appeal, Notice of Motion commencing the proceeding or notice of change of address filed with the Registry and served on the other parties and on the Court Martial Administrator; (b) in the case of service on a respondent, by personal service, registered mail or by a courier that assures delivery within two days after pick-up, excluding Saturdays and holidays, to the address for service as set out in the notice referred to in subsection 5(3) or (4) or notice of change of address filed with the Registry and served on the other parties and on the Court Martial Administrator; (c) in the case of service on the Court Martial Administrator, or a person acting on the Court Martial Administrator’s behalf, (i) by mail or courier provided by Canada Post, addressed to The Court Martial Administrator Office of the Chief Military Judge National Defence Headquarters Ottawa, Ontario K1A 0K2 (ii) by personal service or by courier other than Canada Post, addressed to The Court Martial Administrator Office of the Chief Military Judge Asticou Centre, Block 1900 241 boul. de la Cité-des-Jeunes Hull, Quebec J8Y 6L2 (iii) in the case of service by the Registry, by facsimile with a cover page that has the information set out in subparagraphs (4)(c)(i) and (iii) to (vi), provided that the Court Martial Administrator has furnished a standing revocable notice to the Registry of a facsimile number for that purpose; (d) in the case of the Director of Defence Counsel Services or the Director’s agent: (i) by mail or courier provided by Canada Post, addressed to
The Director of Defence Counsel Services
Current to June 20, 2022
Court Martial Appeal Court Rules Service of Documents Sections RULE 23-RULE 23
Asticou Centre, Block 1900 National Defence Headquarters Ottawa, Ontario K1A 0K2 (ii) by personal service or by courier provided by other than Canada Post, addressed to The Director of Defence Counsel Services Asticou Centre, Block 1900 241 boul. de la Cité-des-Jeunes Hull, Quebec J8Y 6L2 (iii) by facsimile, in the case of documents served
by the Registry, provided that the covering page contains the information required by subparagraphs 4(c)(i) and (iii) to (vi) and that the Director of Defence Counsel Services has given the Registry a facsimile number by permanent and revocable notice; (e) in the case of service on the Minister, (i) by personal service on either the Minister or the
Minister’s deputy or agent, or by registered mail addressed to The Minister of National Defence MGen George R. Pearkes Building National Defence Headquarters Ottawa, Ontario K1A 0K2 (ii) in the case of service by the Registry, by facsimile with a cover page that has the information set out in paragraph (4)(c), provided that the Minister has furnished a standing, revocable notice to the Registry of a facsimile number for that purpose; (f) in the case of service on the Attorney General of Canada, by facsimile at (613) 941-2279 or by registered mail addressed to The Attorney General of Canada East Memorial Building 284 Wellington Street Ottawa, Ontario K1A 0H8 (g) in the case of service on the attorneys general of
the provinces, by facsimile or by registered mail at their facsimile number or address in their respective capital cities.
Current to June 20, 2022
Court Martial Appeal Court Rules Service of Documents Sections RULE 23-RULE 23
(2) Service of a document is deemed to have taken place
on (a) the second day after pick-up of the document by
the courier, where the document is served by a courier that assures delivery within two days, excluding Saturdays and holidays; or (b) the fifth day after posting the document, where the document is served by registered mail. (3) When the second or fifth day after the pick-up by the
courier or posting of the document falls on a Saturday or holiday, the service is deemed to have taken place on the next day that is not a Saturday or holiday. (4) Service of a document on a party with a counsel of record may be effected (a) by leaving a copy of the document at the counsel’s business address; (b) by mailing a copy of the document to the counsel’s business address; (c) by telephone transmission of a facsimile of the document to the counsel, provided that it includes a cover page setting out (i) the name, address and telephone number of the sender, (ii) the name of the counsel to be served, (iii) the date and time of transmission, (iv) the total number of pages, including the cover
page, transmitted, (v) the telephone number of the source of the
transmission, and (vi) the name, address and telephone number of a person to contact if transmission problems occur; or (d) in such other manner as a judge may order.
(5) A party in custody, not represented by counsel, may
file and serve a document by delivering a copy of it to a superior officer or any other person by whom the party is held in custody. The person receiving the document shall make four copies of it and endorse the date of receipt on
Current to June 20, 2022
Court Martial Appeal Court Rules Service of Documents Sections RULE 23-RULE 23.1
the original and each copy and shall retain one copy, return one copy to the person in custody and without delay serve the original and remaining copies on the Registry. On receipt of the document, the Registry shall file the original, send a copy to the Court Martial Administrator and the other copy to the counsel of record for the Minister, or, if there is no counsel of record, to the Minister. (6) When a party, in a Notice of Appeal or otherwise,
who is not represented by counsel, gives notice of an address for service outside Canada, the Registry shall forthwith refer the matter to the Chief Justice for directions. (7) Where it appears that it is impractical for any reason to effect prompt service of any document on a party in the manner contemplated in subsection (1), the Chief Justice, on ex parte application or of his own motion, may make an order for substituted service or, where justice requires, dispensing with service and any such order shall specify when service is to be effective or the document deemed to have been served. (8) Service of a document shall be proven by (a) an affidavit of service in the form set out in Schedule 8; (b) an acknowledgement of service, endorsed on a
copy of the document, that is signed and dated by the party, the party’s counsel or a person employed by the counsel; or (c) a certificate of service by the counsel who served the document, in the form set out in Schedule 9. (9) Where service takes place in the Province of Quebec, service may also be proven by a certificate of a bailiff, sheriff or other authorized person in accordance with the Quebec Code of Civil Procedure. SOR/91-162, s. 2; SOR/92-152, s. 9; SOR/2001-91, s. 21.
Filing of Documents RULE 23.1 (1) Documents shall be filed with the Registry at the following address: The Administrator Court Martial Appeal Court of Canada The Supreme Court Building Wellington Street Ottawa, Ontario K1A 0H9 (2) A document is filed by being
Current to June 20, 2022
Court Martial Appeal Court Rules Filing of Documents Sections RULE 23.1-RULE 24
(a) delivered to the Registry; (b) mailed to the Registry; or (c) subject to subsection (3), transmitted to the Registry by facsimile. (3) The following documents may not be filed by facsimile without the consent of the Administrator, which consent may be given where filing by facsimile is required in order to allow a case to proceed expeditiously: (a) the Record, appeal book, Memorandum of Fact and Law and Memorandum in Reply; and (b) any other document that is longer than 20 pages. (4) A document that is filed by facsimile shall include a
cover page that sets out the following information: (a) the name, address and telephone number of the sender; (b) the date and time of transmission; (c) the total number of pages transmitted, including
the cover page; (d) the number of the facsimile to which documents
may be sent; and (e) the name and telephone number of a person to contact in the event of a transmission problem. (5) A document is not considered to have been filed until it is received by the Registry and dated by the Administrator. (6) All documents that are required to be served, other
than the appeal book and the documents referred to in subsections 5(1) and 23(5), must be filed with proof of service in the form and within the times set out in these Rules. SOR/2001-91, s. 22.
Applications, Motions and Notices RULE 24 (1) Where any application is authorized to be
made to the Court, the Chief Justice, or a judge of the Court, it shall be made by motion. (2) A motion shall be made by serving and filing a Notice
of Motion in the form set out in Schedule 7 and shall be
Current to June 20, 2022
Court Martial Appeal Court Rules Applications, Motions and Notices Sections RULE 24-RULE 26
supported by an affidavit that sets out all the facts on which it is based that do not appear on the record. (3) A party may attach to the Notice of Motion written representations and a request that the motion be heard orally. (3.1) Any other party may serve on the other parties and
file with the Registry a consent to the motion or, if the party opposes the motion, an affidavit and written representations in reply within 15 days after being served with a Notice of Motion. At the same time that the affidavit and written representations in reply are filed, the party may, in the reply or in a separate document, serve and file a request to have the motion heard orally. (4) Any person making an affidavit that has been filed by
a party may be required, on application of another party, to appear before a judge or a registry officer designated by the Chief Justice, to be cross-examined thereon, and a transcript thereof may be filed with the Registry by the cross-examining party. SOR/2001-91, s. 23.
RULE 25 (1) Subject to subsection (2), every application, other than an application referred to in subsections 12(1) and 13.1(1), shall be disposed of without the personal appearance of the parties, but on the basis of the affidavit and written representations, if any, that are referred to in subsection 24(2), (3) or (3.1), or on the written and signed consent of the parties. (2) If it is considered just in the circumstances, the Chief Justice on the Chief Justice’s own motion or on request made under subsection 24(3) or (3.1), may direct that the application be disposed of on the personal appearance of the parties. SOR/2001-91, s. 24.
RULE 26 (1) The Chief Justice shall, by order, fix the
time, date and place for the oral hearing of every motion to be so heard and shall designate the judge or judges to hear the same. (2) A party who desires to make representations in writing, without personal appearance, in respect of an application by another party which is to be heard orally, may do so by filing a copy thereof with the Registry and serving a copy on each other party not less than two days before the date fixed for the hearing of the motion.
Application by Party Under Custody to Attend Hearing [SOR/2001-91, s. 25]
Current to June 20, 2022
Court Martial Appeal Court Rules Application by Party Under Custody to Attend Hearing Sections RULE 27-RULE 28
RULE 27 (1) Subject to subsection (2), a party who is in custody is entitled, if he desires, to be present at the hearing of his appeal. (2) A party who is in custody and who is represented by counsel is not entitled to be present (a) at the hearing of the appeal, where the appeal is on
a ground involving a question of law alone, or (b) at any proceedings that are preliminary to or incidental to the appeal,
unless the Chief Justice gives him leave to be present. (3) A party who is in custody and desires to be present at the hearing of the appeal, or at any proceedings preliminary or incidental thereto, shall make application for an order under subsection (4). (4) Where the party is entitled to be present at the hearing of the appeal, or is granted leave to be present at it or at any proceedings preliminary or incidental thereto, the Chief Justice may order that the party be brought before the Court from day to day as may be necessary. (5) An order made under subsection (4) shall (a) when the party is a service convict, service prisoner or service detainee, be addressed to a committing authority prescribed or appointed pursuant to subsection 219(1) of the Act and, on receipt of it, that committing authority shall cause the party to be temporarily removed from the place to which the party has been committed for such period as may be specified in the order, and brought before the Court; and (b) when the party is not a service convict, service
prisoner or service detainee, be addressed to the person who has custody of the party and, on receipt thereof, that person shall deliver the party to any person who is named in the order to receive him, or bring him before the Court upon such terms and conditions as the Chief Justice may prescribe. (6) [Repealed, SOR/2001-91, s. 26] SOR/2001-91, s. 26.
Special Dispositions RULE 28 (1) The Chief Justice or the Court may (a) where the appellant is not ready to proceed with his appeal when called upon to do so, dismiss the appeal;
Current to June 20, 2022
Court Martial Appeal Court Rules Special Dispositions Sections RULE 28-RULE 32
(b) where the respondent is not ready to proceed with
an appeal when called upon to do so, order the appellant to proceed ex parte; (c) upon cause shown, postpone the hearing of the appeal to another time; (d) upon motion, or without motion on its own initiative, dismiss an appeal where the appellant has failed to observe, without dispensation, any requirement of the Act or these Rules; (e) extend or abridge any time limited by these Rules before or after the expiration of the time prescribed; and (f) make any order that justice requires. (2) Notwithstanding subsection (1), no order or judgment the effect of which is to dispose finally of an appeal, including an appeal under section 248.9 of the Act, shall be made, except by the Court. (3) When, in his opinion, there is a significant issue of law involved in the disposition of any matter which, by the Rules, is required to be disposed of by him, the Chief Justice may refer the matter to the Court for disposition or may state a case for its opinion. SOR/92-152, s. 10.
Practice and Procedures at Hearings RULE 29 On the hearing of an appeal no ground of appeal other than those set out in the Notice of Motion, the Notice of Appeal or in the Memorandum of Fact and Law may be argued, except by leave of the Court, and, save in exceptional cases, leave shall not be granted unless reasonable notice of the additional grounds has been given by the appellant to the respondent. SOR/92-152, s. 11; SOR/2001-91, s. 27(F).
RULE 30 On the hearing of an appeal, unless the Court
otherwise directs, the arguments of the appellant shall be heard first and the appellant shall have the right to reply to the respondent’s arguments, if any. RULE 31 The presiding judge may adjourn any sitting or
hearing from time to time and place to place.
Evidence and Witnesses RULE 32 (1) No new evidence may be introduced at a hearing of an appeal by a party unless that party, before
Current to June 20, 2022
Court Martial Appeal Court Rules Evidence and Witnesses Sections RULE 32-RULE 35
the making of the order setting the appeal down for hearing under Rule 4.1, (a) applies to the Court for the Court’s consent and direction in respect of the hearing of the evidence; and (b) receives the consent and direction of the Court in respect of the hearing of the evidence. (2) By leave of the Court or a judge, for special reason, a
witness may be called to testify in relation to an issue of fact raised on an application. (3) A witness appearing at a hearing shall be required to give his evidence under oath or solemn affirmation in the form prescribed for use in the case of a court martial. SOR/92-152, s. 12; SOR/2001-91, s. 28.
RULE 33 Any witness who gives evidence before the Court shall, unless the Court otherwise directs if it is considered just in the circumstances and subject to any statutory authorization for payment from time to time, be entitled to the witness’s expenses in accordance with the applicable tariff of the Federal Court Rules, 1998. SOR/2001-91, s. 29.
RULE 34 (1) The attendance of a witness at a hearing may be required by order of the Court or a judge, but no person shall be held in contempt in respect of the order unless a certified copy of it had been served on the person at least two days before the person’s attendance was required and there had, at the time of service, been paid or tendered to the person an amount sufficient for witness fees and travelling expenses in accordance with the applicable tariff of the Federal Court Rules, 1998. (2) The order requiring a witness to attend at a hearing
may require the production of documents by him. SOR/2001-91, s. 30.
Judgments and Orders RULE 35 (1) Every judgment and order shall be committed to writing, signed by the presiding judge, and filed. (2) When reasons for judgment are given in open court or when reasons for an order are given, they shall be committed to writing, signed by the judge who gave them and filed. (3) When a judge gives reasons that are not the reasons of the Court, he shall commit them to writing, sign and file them.
Current to June 20, 2022
Court Martial Appeal Court Rules Judgments and Orders Sections RULE 35-RULE 37
(4) When there is a dissent to the Court’s decision, written reasons shall be given by both the majority and the dissenting judges. (4.1) Where a dissent to the Court’s decision is based in whole or in part on a question of law, the grounds for the dissent shall be specified in the judgment issued by the Court. (5) When judgment is reserved, written reasons for judgment shall be given and, unless subsection (4) applies, all the judges shall indicate, in writing, their concurrence in whole or in part or in the result by an appropriate endorsement on the reasons or by separate reasons. (6) A copy of every document filed under this Rule shall be sent without delay to each party by the Registry. SOR/2001-91, s. 31.
Abandonment of Proceedings RULE 36 (1) A party may abandon a proceeding begun by the party at any time by notice filed with the Registry and served on the respondent and the Court Martial Administrator. (2) A notice of abandonment under subsection (1) shall be signed (a) by the party and a witness to the party’s signature
and be supported by an affidavit or other evidence of the witness as to the signature of the party; or (b) where the appellant is represented by counsel, by
such counsel, who shall state in the notice that he has consulted his client and is authorized by his client to abandon the proceeding. SOR/2001-91, s. 32.
RULE 37 An appeal may be considered to have been
abandoned for want of prosecution where (a) the Notice of Appeal does not, in the opinion of the Court, contain sufficient particulars of the grounds upon which it is founded and the appellant has failed, within a reasonable time, to comply with an order requiring the furnishing of such particulars; (b) the appellant has failed to include an address for service in the Notice of Appeal or, if the Notice of Appeal is not signed by counsel, counsel named to accept service refuses to do so;
Current to June 20, 2022
Court Martial Appeal Court Rules Abandonment of Proceedings Sections RULE 37-RULE 40
(c) the respondent has reason to believe that the appellant intends to abandon the appeal and files an affidavit deposing to that reason in the Registry and the appellant fails, within reasonable time, to respond to a request by the Registry for an expression of intention as to the abandonment or otherwise of the appeal; or (d) the appellant has failed to appear at the time and place fixed for the hearing. SOR/92-152, s. 13; SOR/2001-91, s. 33(F).
Seal RULE 38 (1) The seal of the Court shall be of a design
approved by the Chief Justice and shall be kept by the Administrator at the Registry at Ottawa. (2) If the Chief Justice so directs, there may be one or
more facsimiles of the seal to be kept at offices of the Registry elsewhere than Ottawa and to be used by registry officers on duty with the Court or a judge where there is no office of the Registry.
Judicial Administrator RULE 39 (1) The Chief Justice may, by order, designate
an officer of the Registry as Judicial Administrator and may revoke such designation at any time. The designation of a Judicial Administrator shall be automatically revoked when the Chief Justice by whom it was made ceases to hold office as such. (2) The Judicial Administrator shall perform such part of
the non-judicial work of the Chief Justice as the latter may delegate and an order signed by the Judicial Administrator in respect of a matter delegated shall be deemed to be an order of the Chief Justice.
Duties of the Administrator RULE 40 (1) The Administrator shall perform the duties required of him under these Rules or assigned to him from time to time by the Chief Justice or the Court and, in accordance with such directions as may from time to time be given by the Chief Justice or the Court, establish the duties to be performed by persons employed in the Registry. (2) The Administrator’s duties shall include (a) receiving and filing all papers, documents and exhibits transmitted to him in connection with appeals;
Current to June 20, 2022
Court Martial Appeal Court Rules Duties of the Administrator Sections RULE 40-RULE 40
(b) entering in an appropriate book provided for that purpose a list of appeals set down for hearing by the Court; (c) transmitting to each judge by whom an appeal is to be heard, a copy of the memoranda of fact and law and the appeal book relating to that appeal; (d) attending with all relevant records, exhibits and
papers at sittings of the Court; (e) keeping a full and correct record of all proceedings
before the Court, showing the names of the judges of the Court present, the date and place, the names of counsel, the result of the appeal, the judgment given and the time occupied by the hearing; (f) causing a transcript of all viva voce evidence to be
taken by a qualified reporter; (g) transmitting to the parties to an appeal, to the
Judge Advocate General and to the Court Martial Administrator the judgment of the Court; (g.1) transmitting to the parties to a proceeding, the
Court Martial Administrator and the Judge Advocate General any order disposing of an application made under Division 3 or 10 of Part III of the Act; (h) subject to paragraph (j), returning to the Court
Martial Administrator the original minutes of the proceedings of the court martial or hearing under Division 3 or 10 of Part III of the Act; (i) subject to paragraph (h), retaining possession of all papers, documents and exhibits in respect of an appeal, unless otherwise required by the Chief Justice; and (j) where an appeal has been taken to the Supreme
Court of Canada, transmitting to it all papers, documents and exhibits in his possession required by that Court. SOR/2001-91, s. 34.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 1
SCHEDULE 1 (Paragraph 5(3)(a))
(Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name of Appellant or Applicant, as the case may be) Appellant or Applicant -and(Name) Respondent NOTICE OF APPEARANCE The respondent intends to participate in this appeal. (Date) (Signature of counsel or respondent) (Name, address and telephone and facsimile numbers of counsel or respondent) TO: (Names and addresses of other counsel or parties and the Court Martial Administrator) SOR/92-152, s. 14; SOR/2001-91, s. 35.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 2
SCHEDULE 2 (Paragraph 5(3)(b))
(Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name of Appellant or Applicant, as the case may be) Appellant or Applicant -and(Name) Respondent NOTICE OF CROSS-APPEAL THE RESPONDENT CROSS-APPEALS and asks that the order be set aside and judgment granted as follows (or “that the order be varied as follows”, or as the case may be): (Set out the relief sought.) THE GROUNDS OF CROSS-APPEAL are as follows: (Set out the grounds, including a reference to any statutory provision or rule to be relied on.) (Date) (Signature of counsel or respondent) (Name, address and telephone and facsimile numbers of counsel or respondent) TO: (Names and addresses of appellant’s or applicant’s counsel or appellant or applicant and the Court Martial Administrator) SOR/2001-91, s. 35.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 3 Memorandum of Particulars
SCHEDULE 3 (Subsections 6(1), 12(2) and 13.1(3))
Memorandum of Particulars 1 A Memorandum of Particulars shall have the following heading: (Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name of Appellant or Applicant, as the case may be) Appellant or Applicant -and(Name) Respondent MEMORANDUM OF PARTICULARS 2 Information to be included, as applicable: (a) the type, place and date of the proceedings before the court martial or hearing; (b) the name, postal address and telephone number of the prosecutor; (c) the name, postal address and telephone number of the defence counsel; (d) the offence or offences charged; (e) the statutory or other provisions on which the charge or charges are based; (f) the plea at trial; (g) the disposition by court martial or military judge; (h) the date of the disposition; and (i) the sentence imposed (and the sentence as modified, if applicable). 3 Where the disposition under review or appeal is a disposition under Division 3 or 10 of Part III of the Act, attach a copy of any directions, orders and conditions and undertakings that are separate from the disposition referred to in paragraph 2(g). 4 When the disposition has resulted in the detention of the person charged, include (a) the name, postal address and telephone number of the institution where the person is being held; and (b) the name and title of the warden, the superintendent or, as the case may be, the person in charge or command of the institution. SOR/2001-91, s. 35.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 4 Appeal Book
SCHEDULE 4 (Subsection 6(5))
Appeal Book 1 Any appeal book shall be prepared on white paper of good quality in such manner that printed pages are to the left as the book is read. 2 The type used in an appeal book shall be 12 point unless accounts or tabular matter is being printed, in which case 10 point type shall be used and shall be clearly legible. 3 [Repealed, SOR/2001-91, s. 37] 4 The size of an appeal book shall be 21.5 cm by 28. 5 There shall be approximately 47 lines of print on each page of an appeal book and every tenth line shall be numbered in the margin. 6 An appeal book shall be arranged in the following sequence and shall consist of a red-coloured cover, a title page, an index and the following parts: Part I
1 Notice of Appeal, Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of cross-appeal, if any. 2 Memorandum of Particulars in accordance with Schedule 3. 3 Any agreement referred to in subsection 6(4) of these Rules. 4 Charges, arraignments, pleas, admissions, entries and orders at the court martial or hearing in chronological order.
Part II
The evidence.
Part III
The closing addresses, finding and disposition by the Court Martial or military judge.
Part IV
The exhibits.
Part V
The certificate of the Court Martial Administrator, as follows: , hereby certify that the I, foregoing record of the case on appeal to the Court Martial Appeal Court of Canada is a true and correct reproduction of the originals of which they purport to be copies.
Court Martial Administrator (or agent) 7 Every page of an appeal book other than the title page and facsimile reproduced exhibits shall have a heading that states the nature of the material. 8 Where evidence is printed in an appeal book, the questions shall be preceded by the letter “Q”, and the answer, which shall continue on the line which the question concludes, shall
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 4 Appeal Book
be preceded by the letter “A”, if in English, or the letter “R”, if in French. 9 All printed or written documents filed as exhibits shall be grouped together and printed in an appeal book in the order in which they were filed at the court martial. 10 If the whole case requires two or more volumes of an appeal book, to facilitate reference to the exhibits, they may all be reproduced in the final volume or volumes of the appeal book and on the cover after the volume number shall appear the word “Exhibits” in bold letters. When exhibits are reproduced in a special volume of an appeal book, the page numbers shall be the same as though printed in the usual manner. 11 The cover and title page of an appeal book shall have the following heading: (Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name) Appellant -and(Name) Respondent APPEAL BOOK 12 Where an appeal book contains more than 300 pages, it shall be bound in separate volumes of not more than 200 pages each. 13 The index of an appeal book shall set out in detail the entire contents in four parts as follows: Part I
1 Notice of Appeal or Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of crossappeal, if any. 2 Memorandum of Particulars in accordance with Schedule 3. 3 Charges, arraignments, pleas, admissions, entries and orders at the Court Martial or hearing in chronological order.
Part II
Each witness by name, stating whether for prosecution or defence, examinationin-chief or cross-examination, and the page number of the appeal book where the evidence of the witness commences.
Part III
Each document forming an exhibit or part thereof, with its description, date and number, in the order in which it was filed and the page number of the appeal book on which it is referred to for the first time in the evidence.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 4 Appeal Book
Part IV
Each closing address, indicating by whom it was delivered and the finding and disposition by the Court Martial or military judge with its date.
14 The pages of the index of an appeal book shall be numbered with small Roman numerals and the remaining pages shall be numbered in the usual manner with the numbers placed in the upper left-hand corner. Nothing shall appear above the page number. SOR/92-152, s. 16; SOR/2001-91, ss. 36 to 40, 41(F).
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 5
SCHEDULE 5 (Rule 11)
(Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name) Appellant -and(Name) Respondent REQUISITION FOR HEARING THE APPELLANT (or RESPONDENT, as the case may be) REQUESTS that a date be set for the hearing of this appeal. THE APPELLANT (or RESPONDENT, as the case may be) CONFIRMS THAT: 1
The requirements of Rules 7, 9 and 10 of the Court Martial Appeal Court Rules have been complied with.
A notice of constitutional question has been served in accordance with Rule 11.1 of these Rules. (or)
There is no requirement to serve a notice of constitutional question under Rule 11.1 of these Rules in this appeal.
The hearing should be held at (place).
The hearing should last no longer than (number) hours (or days).
The representatives of all parties to the appeal are as follows: (a) on behalf of the appellant: (name of counsel or party if self-represented) who can be reached at: (address and telephone and facsimile numbers); (b) on behalf of the respondent: (name of counsel or party if self-represented) who can be reached at: (address and telephone and facsimile numbers); (c) on behalf of the intervener: (name of counsel or party if self-represented) who can be reached at: (address and telephone and facsimile numbers). (If more than one appellant, respondent or intervener represented by different counsel, list all counsel.)
The parties are available at any time except: (List all dates within 90 days after the date of this requisition on which the parties are not available for a hearing).
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 5
The hearing will be in (English or French, or partly in English and partly in French).
The appellant (or respondent or the parties, as the case may be) require(s) an interpreter to translate the proceedings into (English or French or both)
(Date) (Signature of counsel or party) (Name and address and telephone and facsimile numbers of counsel or party) TO: (Names and addresses of other counsel or parties) SOR/91-162, s. 3; SOR/92-152, s. 17; SOR/2001-91, s. 42.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 6
SCHEDULE 6 (Subsection 11.1(2))
(Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name) Appellant -and(Name) Respondent NOTICE OF CONSTITUTIONAL QUESTION THE (identify party) intends to question the constitutional validity, applicability or effect (state which) of (identify the particular legislative provision); (If the date of the start of the hearing has been fixed) THE QUESTION is to be argued on (day), (date) at (time), at (place); THE FOLLOWING are the material facts giving rise to the constitutional question: (Set out concisely the material facts that relate to the constitutional question. Where appropriate, attach pleadings or reasons for decision.); THE FOLLOWING is the legal basis for the constitutional question: (Set out concisely the legal basis for each constitutional question and identify the nature of the constitutional principles to be argued.); IF YOU WISH to be heard in respect of the constitutional question, you are required to file with the Registry, at least five days before the date set for the start of the hearing of the appeal, a notice of intention to intervene. (Date) (Signature of counsel or party) (Name and address and telephone and facsimile numbers of counsel or party) TO: The Attorney General of Canada The Attorney General of (each province) SOR/2001-91, s. 42.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 7
SCHEDULE 7 (Subsections 12(2), 13.1(3) and 24(2))
(Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name of Appellant or Applicant, as the case may be) Appellant or Applicant -and(Name) Respondent NOTICE OF MOTION TAKE NOTICE THAT the Court will be moved by (the Appellant or Applicant or Respondent, as the case may be) for an order (Here set out order sought.); AND FURTHER TAKE NOTICE THAT the order should be made because: (Where the party seeks to obtain or terminate a release from pre-trial custody or pending an appeal, or to vary the conditions of such release, the party should, and in other applications may, here set out in convenient paragraphs, designated (a), (b), (c), etc., concisely and precisely, the grounds or reasons why the order sought should be made.) AND FURTHER TAKE NOTICE THAT in support of this application, the party will rely on the affidavit(s) of (state name(s) of affiant(s)), date filed, together with such further material as counsel for the party may advise and the Court may permit. (Date) (Signature of counsel or party) (Name and address and telephone and facsimile numbers of counsel or party) TO: (Name and address of counsel or party) SOR/2001-91, s. 42.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 8
SCHEDULE 8 (Paragraph 23(8)(a))
(Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name of Appellant or Applicant, as the case may be) Appellant or Applicant -and(Name) Respondent AFFIDAVIT OF SERVICE I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT: (choose which of the following is appropriate and include it in the body of the affidavit:) [In the case of personal service:] 1
On (date), at (time), I served (identify person served) with (identify the document served) leaving a copy with that person at (address where service was made).
I was able to identify the person by means of (state the means by which the person’s identity was ascertained). [For service by registered mail or ordinary mail]
On (date), at (time), I sent to (identify person served) by registered/ordinary mail a copy of (identify the document served).
On (date), I received the attached acknowledgement of receipt card/post office receipt bearing a signature that purports to be the signature of (identify person). [Service by leaving document with counsel]
I served (identify party served) with (identify document served) by leaving a copy on (date) at (hour) at the office of (name of counsel), counsel for the (identify party). [For service by mail on counsel] I served (identify party served) with (identify document served) by sending a copy by mail on (date) at (hour) to (name of counsel), counsel for the (identify party). [For service by facsimile] I served (identify person served) with (identify document served) by sending a copy by facsimile on (date) at (hour) at (facsimile number). [For service by courier]
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 8
I served (identify person served) with (identify document served) by sending a copy by (name of courier), at (full address of place of delivery).
The copy was given to the courier on (date).
Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date). Commissioner of Oaths
(Signature of Deponent)
SOR/2001-91, s. 42.
Current to June 20, 2022
Court Martial Appeal Court Rules SCHEDULE 9
SCHEDULE 9 (Paragraph 23(8)(c))
(Court File No.) COURT MARTIAL APPEAL COURT OF CANADA BETWEEN: (Name of Appellant or Applicant, as the case may be) Appellant or Applicant -and(Name) Respondent COUNSEL’S CERTIFICATE OF SERVICE I, (name of counsel), Counsel, certify that I caused (the appellant or applicant, as the case may be) (name of party served) to be duly served with (if enclosure, “this document”; otherwise identify document served) by (method of service, including name of any person served on behalf of the party) on (date of service). (Signature of counsel) (Name and address and telephone and facsimile numbers of the counsel) SOR/2001-91, s. 42.
Current to June 20, 2022
|
CONSOLIDATION
Consumer Chemicals and Containers Regulations, 2001
SOR/2001-269
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 Consumer Chemicals and Containers Regulations, 2001
Interpretation 1
Definitions
Non-application 2
Vaping products
General Provisions 3
Exceptions — importation to bring into compliance or to export
Requirements Hazard Category, Container and Information 4
Determination by responsible person
Documents
Data Sources 6
Precedence of data sources
Containers 7
Leakage test
Single-use containers
Child-resistant Containers 9
Applicable standard
Maintain characteristics
Directions to open and close
Documents
Child-resistant, single-use containers
Exception — large container
Required Information 15
Containers and packaging
Exemption — packaging
Presentation of Information — Technical Specifications 17
Languages, legibility and durability
Current to June 20, 2022 Last amended on July 1, 2020
ii
Consumer Chemicals and Containers Regulations, 2001 TABLE OF PROVISIONS
Colour contrast
Print — general rules
Print — upper-case letters
Hazard symbol — reproduction
Hazard symbol — minimum diameter
Signal word — height
Other information — height and body size
Location and Order — General Rule 25
Location and order
Location on Main Display Panel 26
Location of hazard symbol, signal word and primary hazard statement
Multiple hazard symbols
Precedence among signal words
Location of Other Hazard Information 29
Location of specific hazard statement, instructions and first aid statement
Border
First aid statement — order of information
Hazardous ingredients
PART 1
Toxic Products Classification of Toxic Products 33
Data sources
Sub-categories — substance of special concern
Determination of Toxicity 35
Data sources
Additivity formulas — LD50 or LC50 of mixtures
Conversion to a 4-hour LC50
Very Toxic Products 38
Prohibition
Required Information 39
Required information — sub-category “toxic”
Current to June 20, 2022 Last amended on July 1, 2020
iv
Consumer Chemicals and Containers Regulations, 2001 TABLE OF PROVISIONS
Child-resistant Containers 40
Sub-category “toxic”
PART 2
Corrosive Products Classification of Corrosive Products 41
Data sources
Sub-categories — substance of special concern
Test Methods 43
Determination — necrosis and ulceration
Determination of the pH
Very Corrosive Products 45
Conditions
Required Information 46
Required information — sub-category “very corrosive”
Child-resistant Containers 47
Sub-categories “very corrosive” and “corrosive”
PART 3
Flammable Products Classification of Flammable Products 48
Data sources and tests
Sub-categories of hazard category “Category 3, flammable products”
Test Methods 50
Flash point — liquids
Flash point — solids, pastes and gels
Flame projection and flashback — spray container
Very Flammable Products 53
Conditions
Required Information 54
Required information — sub-category “very flammable”
PART 4
Quick Skin-bonding Adhesives 55
Required instructions and first aid statement
Current to June 20, 2022 Last amended on July 1, 2020
v
Consumer Chemicals and Containers Regulations, 2001 TABLE OF PROVISIONS
Required information
Child-resistant container
PART 5
Pressurized Containers 58
Application
Required information
Repeal Coming into Force 62
Coming into force
SCHEDULE 1
Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
SCHEDULE 2 SCHEDULE 3
Test Method for Determining Whether a Container Leaks SCHEDULE 4
Current to June 20, 2022 Last amended on July 1, 2020
v
Registration SOR/2001-269
August 1, 2001
CANADA CONSUMER PRODUCT SAFETY ACT
Consumer Chemicals and Containers Regulations, 2001 P.C. 2001-1343
August 1, 2001
Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5a of the Hazardous Products Act, hereby makes the annexed Consumer Chemicals and Containers Regulations, 2001.
a
R.S., c. 24 (3rd Supp.), s. 1
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001
Interpretation Definitions 1 (1) The definitions in this subsection apply in these
Regulations. acid reserve means the quantity of an alkali, expressed in grams of sodium hydroxide, that is required to bring 100 mL of a liquid acidic product, or 100 g of an acidic product in the form of a solid, paste or gel, to a pH of 4.00 ± 0.05. (réserve acide) Act [Repealed, SOR/2011-24, s. 1] alkali reserve means the quantity of an alkali, expressed in grams of sodium hydroxide, that is neutralized when 100 mL of a liquid basic product, or 100 g of a basic product in the form of a solid, paste or gel, is brought to a pH of 10.00 ± 0.05 by the addition of hydrochloric acid or its equivalent. (réserve alcaline) aspiration means the entry of a liquid or solid chemical product directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea or lower respiratory system. (aspiration) chemical product means a product used by a consumer that has the properties of one or more of the following: (a) a toxic product; (b) a corrosive product; (c) a flammable product; or (d) a quick skin-bonding adhesive.
It does not include any of the following: (e) a product described in any of paragraphs (a) to (d)
if it is not possible for a user to be exposed to the product or to any of its hazardous ingredients during reasonably foreseeable use; (f) a portable petroleum container that conforms with CSA B306 or CSA B376; (g) a lighter;
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
(h) a fire extinguisher that conforms with ULC-S503,
ULC-S504, ULC-S507 or ULC-S512; or (i) a container of fuel, such as gasoline, ethanol or propane, if the container is permanently attached to an internal combustion engine, a gas turbine or an appliance that uses the fuel. (produit chimique)
complex mixture means a combination of chemicals that has a generic name that is not a trade name and is (a) a substance of natural origin; (b) a fraction obtained by a physical separation process from a substance of a natural origin; or (c) a chemical modification of a substance of natural
origin or of a fraction obtained by a physical separation process from a substance of natural origin. (mélange complexe) container means (a) a Category 5 pressurized container that is or is likely to be used by a consumer, including an empty container, as described in Part 5; (b) an empty container that is destined for use by a consumer to store or dispense a chemical product; or (c) any other container that is or is likely to be used by a consumer to store or dispense a chemical product. (contenant)
corrosive product means a chemical product that (a) is capable of inducing necrosis or ulceration of epithelial tissue; (b) is capable of causing an erythema or edema of the
skin, corneal or iris damage or conjunctival swelling or redness; or (c) is identified in Part 2 as a Category 2 corrosive product. (produit corrosif)
display surface means the portion of the surface area of a container on which the information required by these Regulations can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of a container. (aire d’affichage) dust means solid airborne particles that are mechanically generated. (poussière) first aid statement means
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
(a) a list of the hazardous ingredients in the chemical product; and (b) a statement of the first aid treatment to be administered to anyone who has come into contact with a chemical product, such as through ingestion, absorption or inhalation, or information that may be helpful to someone who is assisting that individual. (énoncé de premiers soins)
flame projection means the flame resulting from the ignition of a chemical product discharged from a spray container when tested in accordance with the procedure set out in Schedule 1. (projection de la flamme) flammable product means a chemical product that is capable of (a) spontaneous combustion; (b) becoming flammable when in contact with air; or (c) having a flash point below 60°C or a flame projection greater than 15 cm or exhibiting a flashback. (produit inflammable) flashback means the part of a flame projection that extends from the point of ignition back towards the spray container when a chemical product is tested in accordance with the procedure set out in Schedule 1. (retour de flamme) flash point means the minimum temperature at which a substance gives off a vapour in sufficient concentration to ignite under test conditions. (point d’éclair) fume means solid particles in the air that are generated by condensation from the vapour of a solid material. (fumée) fumes, in the context of the information that must be displayed on a container, means a vapour or a fume or both that may be given off by a chemical product under normal conditions of use or storage. (émanations) good scientific practices means (a) for the development of test data, conditions and
procedures similar to those set out in the OECD Test Guidelines; (b) for laboratory practices, practices similar to those set out in the OECD Principles of Good Laboratory Practice; and (c) for human experience data, a peer-reviewed study
of clinical cases. (bonnes pratiques scientifiques)
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
hazard category means a category into which a chemical product or container is classified, in particular: (a) Category 1, toxic products set out in Part 1; (b) Category 2, corrosive products set out in Part 2; (c) Category 3, flammable products set out in Part 3; (d) Category 4, quick skin-bonding adhesives set out in Part 4; and (e) Category 5, pressurized containers set out in Part 5. (catégorie de danger)
hazard symbol means a pictograph and its frame as set out in Schedule 2. (pictogramme de danger) hazardous ingredient means (a) a pure chemical product; (b) an ingredient present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that (i) is a chemical product, (ii) the supplier believes on reasonable grounds
may be harmful to humans, (iii) has toxicological properties that are not known
to the supplier, or (iv) derives from a reaction between precursor constituents and the hazards associated with the chemical product are not known to the supplier; or (c) a complex mixture present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that (i) is a chemical product, (ii) the supplier believes on reasonable grounds
may be harmful to humans, or (iii) has toxicological properties that are not known
to the supplier. (ingrédient dangereux) human experience data means data, collected in accordance with good scientific practices, that demonstrates that injury to or poisoning of a human has or has not resulted from (a) exposure to a chemical product; or
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
(b) the reasonably foreseeable use of a chemical product or container by a consumer, including, in particular, the consumption of the product by a child. (données de l’expérience humaine) LC50 means the concentration of a substance in air that, when administered by means of inhalation over a specified length of time in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (CL50) LD50 means the single dose of a substance that, when administered by a defined route in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (DL50) main display panel means the part of the display surface that is displayed or visible under normal conditions of sale to the consumer. It includes (a) in the case of a rectangular container, the largest
side of the display surface; (b) in the case of a cylindrical container, the larger of (i) the area of the top, or (ii) 40% of the area obtained by multiplying the circumference of the container by the height of the display surface; (c) in the case of a bag, the largest side of the bag; and (d) in the case of any other container, the largest surface of the container that is not less than 40% of the display surface. (aire d’affichage principale) manufacturer includes a packager and a labeller. (fabricant) mist means droplets of liquid suspended in air that are produced by the condensation of a vapourized liquid or by the dispersion of a liquid by a spray container. (brouillard) mixture means a combination of two or more products, materials or substances that do not undergo a chemical change as a result of their interaction. (mélange) National Standard means a standard recognized by the National Standards System of the Standards Council of Canada. (norme nationale) normal atmospheric pressure means an absolute pressure of 101.324 kPa at 20°C. (pression atmosphérique normale)
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
official languages means the English and French languages. (langues officielles) person responsible [Repealed, SOR/2016-170, s. 1] quick skin-bonding adhesive means a Category 4 adhesive set out in Part 4 that has properties similar to an alkyl cyanoacrylate adhesive and that is capable of bonding skin with skin instantly or nearly instantly. (adhésif qui colle rapidement la peau) responsible person means (a) the manufacturer, in the case of a chemical product or container that is manufactured in Canada; and (b) the importer, in the case of a chemical product or
container that is imported. (responsable) single-use container means a non-reclosable container whose contents are to be used in their entirety immediately after the container is opened. (contenant à usage unique) spray container means a container that permits the dispersal of its contents in the form of a mist and includes a pressurized container and a pump-spray container. (contenant pulvérisateur) sub-category means one of the following classifications within a hazard category in which a chemical product may be classified, in particular: (a) in the case of a Category 1 toxic product, “very toxic”, “toxic” and “harmful”; (b) in the case of a Category 2 corrosive product, “very
corrosive”, “corrosive” and “irritant”; and (c) in the case of a Category 3 flammable product,
“spontaneously combustible”, “very flammable”, “flammable” and “combustible”. (sous-catégorie) toxic product means a chemical product that (a) is capable of causing a lethal effect on a human; (b) is capable of causing a serious and irreversible but
non-lethal effect on a human, such as a depressed level of consciousness, muscular weakness or paralysis, acute renal or hepatic failure, arrhythmia, hypotension, dyspnea, respiratory depression, pulmonary edema or optic neuritis; or (c) is identified in Part 1 as a Category 1 toxic product. (produit toxique)
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
vapour means the gaseous form of a substance that is found in a solid or liquid state at normal atmospheric pressure. (vapeur)
Table of standards and tests (2) A standard or test set out in column 2 of the table to this subsection is referenced in these Regulations, in the provision set out in column 3, by means of the short form set out in column 1.
TABLE TO SUBSECTION 1(2) Standards and Tests Referenced in These Regulations Column 1
Column 2
Item*
Short form
Standard or test
1 (1)
ASTM D 56
ASTM Standard D 56-05(2 Flash Point by Tag Closed published May 2005
2 (2)
ASTM D 93
ASTM Standard D 93-02a, Flash Point by Pensky-Mar December 10, 2002, publis
3 (3)
ASTM D 323
ASTM Standard D 323-06, Pressure of Petroleum Pro 1, 2006
4 (4)
ASTM D 1293
ASTM Standard D 1293-99 of Water, approved Decem
5 (5)
ASTM D 3828
ASTM Standard D 3828-05 Flash Point by Small Scale 2005, published May 2005
6 (6)
16 CFR 1700.20
U.S. Code of Federal Regu section 1700.20, entitled “T packaging”, revised Janua
7 (7)
CSA B306
CSA Standard B306-M1977 Marine Use, as amended A
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
Column 1
Column 2
Item*
Short form
Standard or test
8 (8)
CSA B339
CAN/CSA Standard B339-0 Tubes for the Transportati February 2005
9 (9)
CSA B376
CSA Standard B376-M1980 for Gasoline and Other Pet the English version and Ju
10 (10)
CSA Z76.1
CSA Standard Z76.1-06(R2 packages, published Marc 2006 in the French version
11 (17)
Draize Test
Draize Test, described in “ Toxicity of Substances Ap Membranes”, Volume 82, Experimental Therapeutics
12 (11)
ISO 8317
ISO Standard 8317:2003, e Requirements and testing Second edition, dated Apr
13 (12)
OECD No. 404
OECD Guideline for the Te Acute Dermal Irritation/Co
14 (16)
OECD No. 405
OECD Guideline for the Te Acute Eye Irritation/Corros
15 (13)
OECD Principles of Good Laboratory Practice
Number 1 of the OECD Se Practice and Compliance M January 21, 1998 in the En French version
16 (14)
OECD Test Guidelines
Annex 1, entitled OECD Te Council Concerning the M Assessment of Chemicals, of the OECD on May 12, 19
17 (15)
Test L.2
“Test L.2: Sustained comb of the Recommendations o Manual of Tests and Criter Nations (UN)
18 (18)
ULC-S503
CAN/ULC-S503-05(R2010), Fire Extinguishers, publish
19 (19)
ULC-S504
CAN/ULC-S504-12, Third E Extinguishers, published A
20 (20)
ULC-S507
CAN/ULC-S507-05(R2010), Extinguishers, published F
21 (21)
ULC-S512
CAN/ULC-S512-M87(R2007 Agent Hand and Wheeled 1999
Legend: ASTM
American Society for Testing and Materials
CSA
Canadian Standards Association
ISO
International Organization for Standardization
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
Column 1
Column 2
Item*
Short form
Standard or test
OECD
Organisation for Economic Cooperation and Develo
ULC
Underwriters’ Laboratories of Canada
*
The numbers in parentheses that follow the item numbers indicate
TABLEAU DU PARAGRAPHE 1(2) Normes et essais cités dans le présent règlement Colonne 1
Colonne 2
Article*
Forme abrégée
Norme ou essai
1 (1)
ASTM D 56
Norme D 56-05(2010 Method for Flash Poi approuvée le 1er mai
2 (2)
ASTM D 93
Norme D 93-02a de l Methods for Flash Po Tester, approuvée le 2003
3 (3)
ASTM D 323
Norme D 323-06 de l Method for Vapor Pr Method), approuvée
4 (4)
ASTM D 1293
Norme D 1293-99 de Methods for pH of W
5 (5)
ASTM D 3828
Norme D 3828-05 de Methods for Flash Po Tester, approuvée le
6 (6)
16 CFR 1700.20
Article 1700.20 intitu packaging » du titre 1 Federal Regulations révisée du 1er janvier
7 (7)
CSA B306
Norme CSA B306-M1 carburant portatifs p modifiée d’avril 1988
8 (8)
CSA B339
Norme CAN/CSA B33 utilisés pour le transp sa version modifiée d
9 (9)
CSA B376
Norme CSA B376-M1 portatifs pour l’essen publiée en juin 1986 1980 dans sa version
10 (10)
CSA Z76.1
Norme CSA Z76.1-06 sécurité réutilisables dans sa version franç anglaise
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
Colonne 1
Colonne 2
Article*
Forme abrégée
Norme ou essai
11 (17)
Épreuve L.2
Article 32.5.2 intitulé combustion entreten au transport des mar d’épreuves et de critè par les Nations Unies
12 (11)
Essai Draize
Essai Draize décrit da Study of Irritation an Topically to the Skin 82, The Journal of Ph Therapeutics, 1944, p
13 (12)
ISO 8317
Norme ISO 8317:200 des enfants — Exigen emballages refermab avril 2003
14 (16)
Lignes directrices de l’OCDE Annexe 1 — intitulée pour les essais essais — de la Décisi mutuelle des donnée chimiques, C(81)30 (fi l’OCDE le 12 mai 198
15 (13)
OCDE no 404
Ligne directrice no 40 produits chimiques, la peau, adoptée le 2
16 (14)
OCDE no 405
Ligne directrice no 40 produits chimiques, les yeux, adoptée le
17 (15)
Principes de l’OCDE de bonnes pratiques de laboratoire
Numéro 1 de la Série pratiques de laborato Principes de l’OCDE, mars 1998 dans sa ve dans sa version angl
18 (18)
ULC-S503
Norme CAN/ULC-S50 dioxyde de carbone,
19 (19)
ULC-S504
Norme CAN/ULC-S50 chimiques, 3e édition
20 (20)
ULC-S507
Norme CAN/ULC-S50 eau, 4e édition, publi
21 (21)
ULC-S512
Norme CAN/ULC-S51 relative aux extincteu sur roues, dans sa ve
Légende : ASTM
American Society for Testing and Materials
CSA
Canadian Standards Association (Association cana
ISO
International Organization for Standardization (Org
OCDE
Organisation de coopération et de développement
ULC
Underwriters’ Laboratories of Canada (Laboratoire
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Interpretation Section 1
*
Le numéro qui figure entre parenthèses sous le numéro d’article co
Interpretation of “should” (3) Where the word “should” is used in a standard or test
referenced in these Regulations it is to be read as imperative, unless the context requires otherwise. Units of measure (4) The symbol set out in column 1 of the table to this subsection represents the unit of measure set out in column 2.
TABLE TO SUBSECTION 1(4) Units of Measure Column 1
Column 2
Item
Symbol
Unit of measure
°C
degree Celsius
cm
centimetre
cm2
square centimetre
g
gram
g/m2
grams per square metre
kg
kilogram
kPa
kilopascal
L
litre
mg/kg
milligrams per kilogram
mg/L
milligrams per litre
mL/m3
millilitres per cubic metre
mm
millimetre
mm2/s
square millimetres per second
N
newton
Concentration (5) In these Regulations, unless otherwise specified,
when a concentration of a substance is expressed as a percentage, the percentage represents the ratio of the weight of the substance to the weight of the chemical product. SOR/2009-165, s. 1; SOR/2011-24, s. 1; SOR/2016-170, s. 1.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Non-application Sections 2-4
Non-application Vaping products 2 These Regulations do not apply to vaping products as
defined in section 2 of the Tobacco and Vaping Products Act. SOR/2019-353, s. 66.
General Provisions Exceptions — importation to bring into compliance or to export 3 (1) A person may import a chemical product or container that does not comply with a requirement of these Regulations for the purpose of (a) bringing the product or container into compliance with the requirement; (b) reselling the product or container to a manufacturer in Canada who will bring it into compliance with the requirement; or (c) exporting the product or container to another country.
Credible evidence (2) A person who imports a chemical product or a container for a purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance with these Regulations or is being exported, as the case may be. (3) [Repealed, SOR/2009-165, s. 3] SOR/2009-165, s. 3.
Requirements Hazard Category, Container and Information Determination by responsible person 4 (1) The responsible person, using one or more of the applicable properties, data sources or test procedures set out in section 6 or Parts 1 to 5, must determine (a) the hazard categories of the chemical product or
container and, if applicable, its appropriate sub-categories;
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Hazard Category, Container and Information Sections 4-6
(b) the type of container that is required; and (c) the information that is required to be displayed on the container.
Multiple hazard categories (2) If a chemical product and its container fall into more
than one hazard category, its container must display the information that is required for every applicable hazard category. Multiple sub-categories (3) Subject to subsection (4), if a chemical product falls into more than one sub-category within a hazard category, the responsible person must classify the product in the sub-category that represents the greatest hazard within each applicable hazard category.
Multiple sub-categories — flammable products (4) If a chemical product falls into both the sub-category
“spontaneously combustible” and another sub-category in the hazard category “Category 3, flammable product”, it must be classified in both sub-categories.
Multiple routes of exposure (5) The container of a chemical product to which an individual may be exposed by more than one route of exposure must display the required information for each route of exposure. SOR/2016-170, s. 8(E).
Documents 5 The responsible person must (a) prepare and maintain all documents relating to the determinations required under subsection 4(1) and keep the documents for a period of at least three years after the day on which the chemical product or container is manufactured in Canada or the day on which it is imported; and (b) within 15 days after receipt of a request from an
inspector, provide the documents to the inspector. SOR/2012-71, s. 3; SOR/2016-170, ss. 3, 8(E).
Data Sources Precedence of data sources 6 (1) The responsible person must determine the hazards arising from the reasonably foreseeable use of the chemical product or container from one or more of the following data sources in the following order of precedence:
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Data Sources Section 6
(a) human experience data pertaining to the product
or container; (b) data, set out in peer-reviewed, scientific literature,
from tests conducted using the product in accordance with the OECD Test Guidelines; (c) if tests using the product have not been conducted in accordance with the OECD Test Guidelines, (i) the peer-reviewed results of tests conducted with the product in accordance with (A) these Regulations, (B) a National Standard or an international
standard recognized by the Standards Council of Canada, or (C) a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted, (ii) the peer-reviewed results of tests conducted
with a chemical product that has properties similar to those of the product under examination, in accordance with (A) OECD Test Guidelines, (B) a National Standard or an international
standard recognized by the Standards Council of Canada, or (C) a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted, or (iii) other current, about the product;
peer-reviewed
information
(d) if the hazards associated with the product cannot be estimated from information referred to in paragraphs (a) to (c), data with respect to the hazards associated with (i) the hazardous ingredients, or (ii) a chemical product that has properties similar
to those of the product under examination; or (e) the results of tests conducted by the responsible
person in accordance with a test methodology that conforms with good scientific practices.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Data Sources Sections 6-10
Differing data sources (2) In the case of differing data sources, (a) an original literature source must be used in preference to literature that refers to the original study; and (b) a source that reports test results that conform with
good scientific practices and that disclose the greatest hazard must be used. SOR/2016-170, s. 8(E).
Containers Leakage test 7 A container of a liquid chemical product must pass the
leakage test described in Schedule 3 or an equivalent test.
Single-use containers 8 A single-use container must display, in the manner set
out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26, the following primary hazard statement: “USE ENTIRE CONTENTS ON OPENING.” “UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE.”
Child-resistant Containers Applicable standard 9 A child-resistant container must (a) be constructed so that it can be opened only by operating, puncturing or removing one of its functional and necessary parts using a tool that is not supplied with the container; or (b) meet the child test protocol requirements of one of CSA-Z76.1, ISO 8317 or 16 CFR 1700.20 or a standard that is at least equivalent.
Maintain characteristics 10 (1) A child-resistant container must, when in contact with a chemical product, maintain its child-resistant characteristics throughout the useful life of the product.
Evaluation (2) The responsible person, using good scientific practices, must evaluate
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Child-resistant Containers Sections 10-12
(a) the compatibility of the chemical product with its
child-resistant container, to determine that the chemical or physical properties of the product will not compromise or interfere with the proper functioning of the container; and (b) the physical wear and stress factors and the force required for opening and closing the container, to determine that the proper functioning of the container will be maintained for the number of openings and closings reasonably foreseeable for the size and contents of the container. SOR/2016-170, s. 8(E).
Directions to open and close 11 (1) Subject to subsection (2), a child-resistant container that meets the requirements of paragraph 9(b) must display directions explaining how to open and, if applicable, to close the container (a) on the closure, using either or both of (i) words that comply with sections 17 to 19, or (ii) a diagram or self-explanatory symbol that complies with paragraph 17(b) and section 18; or (b) on the container, located after the positive instructions for the chemical product and set out in a manner that complies with requirements for a positive instruction in sections 17 to 19, subsection 24(1) and sections 25, 29 and 30.
Exception (2) The directions for opening and, if applicable, closing
a child-resistant container may be set out on the closure in only one official language if they are repeated on the container in the other official language in the manner set out in paragraph (1)(b).
Documents 12 (1) The responsible person must prepare and maintain documents containing the following information and must keep those documents for a period of at least three years after the day on which the child-resistant container is manufactured in Canada or the day on which it is imported: (a) for a container that comes into direct contact with the chemical product, the specifications critical to the
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Child-resistant Containers Sections 12-14
child-resistant characteristics of the container, which specifications must include (i) the physical measurements within which the container retains its child-resistant characteristics, (ii) if applicable, the torque that must be applied to open or close the container, and (iii) the compatibility of the container and its closure system with the chemical product that is to be put into it; and (b) the test results that demonstrate that the container and its closure system comply with the requirements of a standard set out in paragraph 9(b).
Inspector’s request (2) The responsible person for a chemical product that is
required by these Regulations to be packaged in a childresistant container must provide an inspector with any of the documents that the inspector requests within 15 days after the day on which the request is received. SOR/2012-71, s. 4; SOR/2016-170, s. 4.
Child-resistant, single-use containers 13 A child-resistant, single-use container must display,
in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26, the following primary hazard statement: “USE ENTIRE CONTENTS ON OPENING. THIS CONTAINER IS NOT CHILD-RESISTANT ONCE OPENED.” “UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE. UNE FOIS OUVERT, LE CONTENANT N’EST PLUS UN CONTENANT PROTÈGE-ENFANTS.” Exception — large container 14 The requirements for child-resistant containers set
out in sections 9 to 13 do not apply to a container with a capacity greater than 5 L, other than the container for a chemical product that is classified in one of the following: (a) the hazard category “Category 4, quick skin-bonding adhesives”; or (b) the sub-category “very corrosive”. (c) [Repealed, SOR/2011-24, s. 3] SOR/2009-165, s. 4(F); SOR/2011-24, s. 3.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Required Information Sections 15-16
Required Information Containers and packaging 15 (1) Subject to section 16, the information required by these Regulations must be displayed in the manner set out in these Regulations (a) on each container that is displayed to the consumer, other than in an advertisement; and (b) on any packaging of a container that is displayed
to the consumer, including a display card to which a container may be fixed.
Adaptation (1.1) For the purpose of the application of paragraph
(1)(b), the requirements for the display of information on a container apply to the display of information on the container’s package having regard to the size of the package. Additional information (2) Information in addition to that required by these Regulations may be displayed on a container if it does not disclaim or contradict the required information. SOR/2009-165, s. 5.
Exemption — packaging 16 (1) Packaging is exempt from the requirements of paragraph 15(1)(b) if the packaging (a) is transparent and (i) the required information displayed on the container is legible through the packaging, and (ii) the transparent packaging does not obscure any
of the required information on the container; or (b) is not transparent and (i) encloses (A) a container and a product that is not subject to these Regulations, or (B) two or more containers that have different
information requirements, and (ii) displays the following signal word and primary hazard statement, or a statement to the same effect, in the manner set out in sections 17 to 20 and 23,
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Required Information Sections 16-19
subsections 24(1) and (3) and sections 25, 26 and 28: “CAUTION. CONTAINS PRODUCTS THAT MAY BE HARMFUL. READ WARNINGS ON EACH CONTAINER.” “ATTENTION. CONTIENT DES PRODUITS QUI PEUVENT ÊTRE NOCIFS. LIRE LES MISES EN GARDE SUR CHAQUE CONTENANT.” Exemption — packaging not customarily displayed (2) Packaging that is not customarily displayed to the
consumer, such as a shipping carton, is exempt from the requirements of paragraph 15(1)(b).
Presentation of Information — Technical Specifications Languages, legibility and durability 17 The information required by these Regulations to be displayed on a container must be (a) displayed in both official languages; and (b) clear and legible and remain so throughout the
useful life of the chemical product, or in the case of a refillable container, throughout its useful life, under normal conditions of transportation, storage, sale and use. SOR/2009-165, s. 6.
Colour contrast 18 The colour contrast between the information and the background must be equivalent to at least a 70% screen of black on white.
Print — general rules 19 (1) If the information is set out in words, they must
be printed in a standard sans serif type that (a) is not compressed, expanded or decorative; and (b) as illustrated in Schedule 4, has a large “x-Height”
relative to the ascender or descender of the type.
Measurement of height of type (2) The height of the type referred to in subsection (1) is determined by measuring an upper-case letter or a lower-case letter that has an ascender or descender, such as “b” or “p”. SOR/2009-165, s. 7(E).
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Presentation of Information — Technical Specifications Sections 20-24
Print — upper-case letters 20 The following information must be printed (a) in upper-case letters (i) the signal word, (ii) the primary hazard statement, and (iii) the specific hazard statement; and (b) in
bold-faced, upper-case letters, the titles “FIRST AID TREATMENT” and “PREMIERS SOINS”.
Hazard symbol — reproduction 21 The hazard symbol must be an exact reproduction of
the applicable symbol depicted in Schedule 2, except with respect to size and colour. Hazard symbol — minimum diameter 22 The hazard symbol must, when the main display panel has the area set out in column 1 of the table to this section, have a diameter at least as large as that set out in column 2.
TABLE TO SECTION 22 Minimum Diameter of the Hazard Symbol Column 1
Column 2
Item
Minimum diameter of the Area of the main display panel hazard symbol
less than 9.5 cm2
6 mm
9.5 cm2 or more but less than 655 cm2
the diameter of an imaginary circle that has an area equal to 3% of the main display panel*
655 cm2 or more
50 mm
Alternatively, this diameter may be calculated by multiplying the square root of the area in cm2 of the main display panel by 1.95. *
Signal word — height 23 The height of the signal word must be at least one
quarter of the minimum diameter of a hazard symbol determined in accordance with section 22. Other information — height and body size 24 (1) Subject to subsection (3), when the main display panel has an area set out in column 1 of the table to this subsection, the following information must be in type that is at least the height set out in column 2 and at least the body size set out in column 3: (a) the primary hazard statement;
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Presentation of Information — Technical Specifications Section 24
(b) the specific hazard statement; (c) the negative and positive instructions; and (d) the titles “FIRST AID TREATMENT” and
“PREMIERS SOINS”.
TABLE TO SUBSECTION 24(1) Minimum Height and Body Size of Type Column 1
Column 2
Column 3
Item
Minimum Minimum height body size of Area of the main display panel of type type
less than 100 cm2
2 mm
6 point
100 cm2 or more but less than 3 mm 330 cm2
8 point
330 cm2 or more
4 mm
12 point
First aid statement — height and body size (2) Subject to subsection (3), the first aid statement, except for the titles “FIRST AID TREATMENT” and “PREMIERS SOINS”, must be in type that has a minimum height of 2 mm and a minimum body size of 6 points.
Exception — quick skin-bonding adhesive (3) In the case of a quick skin-bonding adhesive referred to in Part 4, when the main display panel of the container has an area set out in column 1 of the table to this subsection, the primary hazard statement, the titles “FIRST AID TREATMENT” and “PREMIERS SOINS” and the first aid statement must be in type that is at least the height set out in column 2 and at least the body size set out in column 3.
TABLE TO SUBSECTION 24(3) Minimum Height and Body Size of Type — Quick Skin-Bonding Adhesive Column 1
Column 2
Column 3
Item
Minimum Area of the main display panel height of type
Minimum body size of type
less than 10 cm2
1.5 mm
4.5 point
10 cm2 or more but less than 35 cm2
2 mm
6 point
SOR/2009-165, s. 8.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Location and Order — General Rule Sections 25-26
Location and Order — General Rule Location and order 25 (1) The information required by these Regulations must be displayed on the container at the following locations and in the following order: (a) on the main display panel, (i) a hazard symbol, (ii) the signal word “EXTREME DANGER”, “DANGER” or “CAUTION”, as the case may be, and (iii) the primary hazard statement; and (b) on any part of the display surface, (i) the specific hazard statement, (ii) negative instructions, (iii) positive instructions, and (iv) the first aid statement.
Exemption — small container (2) Despite subsection (1) and subject to Part 4, if the main display panel of a container has an area of (a) less than 35 cm2, only the hazard symbol and the
signal word need be displayed; or (b) 35 cm2 or more but less than 70 cm2 and more
than one hazard symbol is required, the required negative and positive instructions, other than the positive instructions referred to in subsection 11(2), may be omitted.
Location on Main Display Panel Location of hazard symbol, signal word and primary hazard statement 26 (1) The information referred to in paragraph 25(1)(a) must be located as follows: (a) below the common name or brand name of the chemical product; (b) centred parallel to and near the base of the main display panel; and
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Location on Main Display Panel Sections 26-30
(c) subject to subsection (3), immediately below one
another. Base of collapsible tube (2) For the purpose of paragraph (1)(b), the base of the main display panel of a collapsible tube is the end from which the chemical product is discharged.
Exception — short, wide containers (3) If the main display panel has a height that is less than 10 cm and a width that is at least twice the height, the signal word may be located immediately beside the hazard symbol instead of below it.
Multiple hazard symbols 27 If more than one hazard symbol is required, the symbols must be grouped immediately beside each other in a row parallel to the base of the container.
Precedence among signal words 28 If these Regulations require that more than one signal word be displayed on a container, only the signal word that discloses the greatest hazard must be displayed on the container.
Location of Other Hazard Information Location of specific hazard statement, instructions and first aid statement 29 The information referred to in paragraph 25(1)(b)
must be (a) left justified; and (b) enclosed within a border that demarcates the information from other information displayed on the display surface. Border 30 The border referred to in paragraph 29(b) (a) may include a series of dots or hatched lines, a difference in colour or shading of the background or some other graphic device; (b) must be different from any other border on the label; and (c) must comply with paragraph 17(b) and section 18. SOR/2015-17, s. 17.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Requirements Location of Other Hazard Information Sections 31-33
First aid statement — order of information 31 The first aid statement must set out the following information in the following order: (a) the title “FIRST AID TREATMENT” and “PREMIERS SOINS”; (b) the words “Contains” and “Contient”; (c) a list of the hazardous ingredients in the chemical product, in the manner set out in section 32, in descending order of their proportions; and (d) the required statements of first aid treatment.
Hazardous ingredients 32 A hazardous ingredient referred to in paragraph 31(c) must be identified (a) by its chemical identity; or (b) in the case of a complex mixture, by its generic
name.
PART 1
Toxic Products Classification of Toxic Products Data sources 33 The responsible person for a toxic product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence: (a) human experience data pertaining to the toxic
product; (b) in the case of a toxic product that contains a substance of special concern, the table to subsection 34(1); (c) in the case of a toxic product that poses a risk of
exposure through an oral, a dermal or an inhalation route, the LD50 or LC50 or both, as the case may be, of the product as determined in accordance with the applicable table to subsections 34(2) to (4) and the data sources and formulas set out in sections 35 to 37; or (d) in the case of a toxic product that poses an aspiration hazard, the properties set out in subsection 34(5). SOR/2016-170, s. 8(E).
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Classification of Toxic Products Sections 33-34
Sub-categories — substance of special concern 34 (1) A chemical product that contains a substance of special concern set out in column 1 of the table to this subsection in a concentration set out in column 2 must, when introduced through a route of exposure set out in column 3, be classified in the sub-category set out in column 4.
TABLE TO SUBSECTION 34(1) Sub-Categories — Substance of Special Concern Column 1 Item
Column 2
Substance of special concern* Concentration
Column 3
Column 4
Route of exposure
Subcategory
Carbon tetrachloride
Any concentration Oral, inhalation or aspiration
Very Toxic
Diethylene glycol
5% or more
Oral
Harmful
Ethyl acetate
5% or more
Oral
Harmful
Ethylene glycol
(a) 5% or more but Oral less than 10%
Harmful
(b) 10% or more
Toxic
Hydrocyanic acid or its salts
Any concentration Oral, dermal or inhalation
Very Toxic
Methyl alcohol
1% or more and a total quantity of 5 mL or more
Oral or inhalation
Toxic
Nitrobenzene
5 mg/kg or more
Oral, dermal or inhalation
Very Toxic
1,1,2,2Any concentration Oral, dermal or tetrachloroethan inhalation e
Very Toxic
1,2dichloroethane
(a) 5% or more but Oral or less than 10% inhalation
Harmful
(b) 10% or more
Oral or inhalation
Toxic
5% or more
Oral or inhalation
Harmful
1,1,1trichloroethane
Oral
These substances are of special concern because standard animal tests may not reflect the actual hazard they pose to humans. *
Sub-categories — oral exposure (2) A chemical product that poses a risk to a consumer through an oral route and has an LD50 set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Classification of Toxic Products Section 34
TABLE TO SUBSECTION 34(2) Sub-Categories — Oral Exposure Column 1
Column 2
Item
LD50
Subcategory
not more than 50 mg/kg
Very Toxic
more than 50 mg/kg but not more than 500 mg/kg
Toxic
more than 500 mg/kg but not more than 2 000 mg/kg
Harmful
Sub-categories — dermal exposure (3) A chemical product that poses a risk to a consumer
through a dermal route and has an LD50 set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2. TABLE TO SUBSECTION 34(3) Sub-Categories — Dermal Exposure Column 1
Column 2
Item
LD50
Subcategory
not more than 200 mg/kg
Very Toxic
more than 200 mg/kg but not more than 1 000 mg/kg
Toxic
more than 1 000 mg/kg but not more than 2 000 mg/kg
Harmful
Sub-categories — inhalation exposure (4) A chemical product that poses a risk to a consumer through inhalation, is in the state set out in column 1 of the table to this subsection and has a 4-hour LC50 set out in column 2 must be classified in the sub-category set out in column 3.
TABLE TO SUBSECTION 34(4) Sub-Categories — Inhalation Exposure Column 1
Column 2
Column 3
Item
State of the chemical product
4-hour LC50
Sub-category
Gas
(a) not more than 2 500 mL/m3
Very Toxic
(b) more than 2 500 mL/m3 but
Harmful
not more than 5 000 mL/m3 2
Vapour
Dust, mist or fume
Current to June 20, 2022 Last amended on July 1, 2020
(a) not more than 1 500 mL/m3
Very Toxic
(b) more than 1 500 mL/m3 but not more than 2 500 mL/m3
Toxic
(c) more than 2 500 mL/m3 but not more than 10 000 mL/m3
Harmful
(a) not more than 0.5 mg/L
Very Toxic
(b) more than 0.5 mg/L but not more than 2.5 mg/L
Toxic
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Classification of Toxic Products Sections 34-35
Item
Column 1
Column 2
Column 3
State of the chemical product
4-hour LC50
Sub-category
(c) more than 2.5 mg/L but not more than 5.0 mg/L
Harmful
Sub-category — aspiration hazard (5) A chemical product must be classified in the sub-category “toxic” if it has a viscosity of 14 mm2/s or less at 40°C and 10% or more of the product is composed of hazardous ingredients that pose an aspiration hazard, including, in particular, any of the following substances: (a) an n-primary alcohol with a composition of at
least 3 carbon atoms but not more than 13; (b) an isobutyl alcohol; (c) a terpene alcohol; (d) a ketone with a composition of at least 3 carbon atoms but not more than 13; (e) a hydrocarbon with a composition of at least 3 carbon atoms but not more than 13; or (f) a substance that has been determined to be an aspiration hazard based on its viscosity, surface tension and water solubility through the application of generally accepted standards of good scientific practices. SOR/2009-165, s. 9.
Determination of Toxicity Data sources 35 (1) The responsible person for a toxic product must determine, from one or more of the following data sources in the following order of precedence, its toxicity or, in the case of a mixture that separates, the toxicity of each layer of the mixture: (a) the LD50 or LC 50 or both, as the case may be, of the
product or of the layer as determined by the peer-reviewed results of acute toxicity tests using the product on animals, which tests were conducted in accordance with the OECD Test Guidelines for acute toxicity testing; (b) if tests on animals using the product have not been conducted in accordance with the OECD Test Guidelines for acute toxicity testing, the LD50 or LC50 or both, as the case may be, of the product or of the layer as determined by
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Determination of Toxicity Section 35
(i) peer-reviewed results of acute toxicity tests of the product or the layer, which tests were conducted on animals in accordance with (A) a National Standard or an international
standard recognized by the Standards Council of Canada, or (B) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted, (ii) if the product is a mixture that does not separate, section 36, (iii) peer-reviewed results of tests of a chemical
product or a substance that has similar properties to those of the product or of the layer under examination, which tests were conducted on animals in accordance with (A) OECD Test Guidelines for acute toxicity testing, (B) a National Standard or an international
standard recognized by the Standards Council of Canada, or (C) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted, or (iv) other
current, peer-reviewed about the product or the layer; or
information
(c) the LD 50 or LC 50 or both, as the case may be, of the product or of the layer as determined by the results of tests conducted with the toxic product by the responsible person in accordance with a test methodology that conforms with good scientific practices.
Differing data sources (2) In the case of differing data sources, (a) an original literature source must be used in preference to a literature source that refers to the original study; and (b) a source that reports test results that conform with
good scientific practices and that disclose the greatest hazard must be used.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Determination of Toxicity Sections 35-36
Mixture that separates (3) In the case of a mixture that separates, the toxic
product must be assigned the LD50 or LC50 or both, as the case may be, of the most toxic layer. Definition of mixture that separates (4) In this section, mixture that separates means a chemical product in a liquid or semi-liquid state that separates into two or more distinct layers if left standing undisturbed for a period of 30 days at 20oC. SOR/2009-165, s. 10; SOR/2016-170, s. 8(E).
Additivity formulas — LD50 or LC50 of mixtures 36 (1) The LD 50 or LC 50 of a mixture may be determined
from the LD50 or LC50 of its ingredients that are present in a concentration of 1% or more, using one of the following additivity formulas, as the case may be: (a) for a solid or a liquid LD50 = 1/[(Pa/LD50a)+(Pb/LD50b)+...+(Pn/LD50n)]
where represents the LD50 of the mixture,
LD50
LD50a to LD50n
Pa to Pn
represent the LD50 of each ingredient that is present in a concentration of 1% or more, and
represent the proportion by weight of each ingredient that is present in a concentration of 1% or more; or
(b) for a gas, vapour, dust, mist or fume LC50 = 1/[(Pa/LC50a)+(Pb/LC50b)+...+(Pn/LC50n)]
where LC50
represents the LC50 of the mixture,
LC50a to LC50n
Pa to Pn
represent the LC50 of each ingredient that is present in a concentration of 1% or more, and
represent the proportion by weight of each ingredient that is present in a concentration of 1% or more.
Complex mixture (2) For the purposes of the additivity formulas set out in subsection (1), “ingredient” includes a complex mixture.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Determination of Toxicity Sections 36-37
When LD50 or LC50 of ingredient is not known but can be estimated (3) When the LD50 or LC50 of one or more ingredients
present in a chemical product in a concentration of 1% or more is not known, the responsible person may, in the additivity formulas set out in subsection (1), use an estimated LD50 or LC50 determined in accordance with good scientific practices. When LD50 or LC50 of ingredient is not known and cannot be estimated (4) When the LD50 or LC50 of one or more ingredients
present in a chemical product is not known and cannot be estimated from information referred to in paragraph 35(1)(b) or (c), the responsible person, in the additivity formulas set out in subsection (1), must substitute for the LD50 or LC50 of the ingredient, the LD50 or LC50 of the most toxic known ingredient that is present in the product at a concentration of 1% or more. SOR/2016-170, s. 8(E).
Conversion to a 4-hour LC50 37 An LC50 obtained during a duration of exposure of
other than four hours must be converted to an LC50 equivalent to a duration of exposure of four hours by using one of the following formulas, as the case may be: (a) for a gas or vapour LC50 of 4 hours = (LC50y)(y½/2)
where represents the LC50 of the mixture for a duration of exposure of four hours,
LC50 of 4 hours
LC50y y
represents the LC50 of the mixture for a duration of exposure of y hours, and
represents the actual duration of exposure expressed in hours and must be no greater than 10 hours; or
(b) for a dust, mist or fume LC50 of 4 hours = (LC50y)(y/4)
where LC50 of 4 hours
LC50y
represents the LC50 of the mixture for a duration of exposure of four hours,
represents the LC50 of the mixture for a duration of exposure of y hours, and
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Determination of Toxicity Sections 37-39
y
represents the actual duration of exposure expressed in hours and must be no greater than 10 hours.
Very Toxic Products Prohibition 38 The manufacturing, importation, advertising or sale
of a chemical product that is classified in the sub-category “very toxic” under section 33 is prohibited. SOR/2011-24, s. 4; SOR/2016-170, s. 5.
Required Information Required information — sub-category “toxic” 39 (1) The container of a chemical product that is classified in the sub-category “toxic” under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics. TABLE TO SUBSECTION 39(1) Required Information — Sub-Category “Toxic” Column 1
Column 2
C
Item
Type of information
Applicable route of exposure
E
Hazard symbol
All
Signal word
All
D
Primary hazard statement
All
P
Specific hazard statement
(a) Oral or aspiration
C
(b) Dermal
C
(c) Inhalation
C
o p
F 5
Negative instructions
(a) Oral or aspiration
D
(b) Oral and contains 1% M or more methyl alcohol s and a total quantity of 5 mL or more
Positive instructions
Current to June 20, 2022 Last amended on July 1, 2020
(c) Dermal
D c
(d) Inhalation
D
(a) All
K
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Required Information Section 39
Item
Column 1
Column 2
C
Type of information
Applicable route of exposure
E
(b) Oral or aspiration
W s r m
(c) Dermal
W s r r
(d) Inhalation
U a
W s v r 7
First aid statement
(a) All
F
C g p
I t l (b) Oral or aspiration
W i fi v
(c) Dermal
I w
I
(d) Inhalation
I f
TABLEAU DU PARAGRAPHE 39(1)
Renseignements obligatoires — sous-catégorie « toxique Colonne 1
Colonne 2
Article
Type de renseignements
Voie d’exposition
Pictogramme de danger
Toute voie
Mot indicateur
Toute voie
Mention de danger principal
Toute voie
Mention de danger spécifique
a) Orale ou aspiration b) Cutanée c) Inhalation
Instructions négatives
Current to June 20, 2022 Last amended on July 1, 2020
a) Orale ou aspiration
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Required Information Section 39
Article
Colonne 1
Colonne 2
Type de renseignements
Voie d’exposition
b) Orale : alcool méthylique en une concentration minimale de 1 % et en une quan té totale de 5 mL ou plus c) Cutanée d) Inhalation 6
Instructions positives
a) Toute voie b) Orale ou aspiration
c) Cutanée
d) Inhalation
Énoncé de premiers soins
a) Toute voie
b) Orale ou aspiration
c) Cutanée
d) Inhalation
Required information — sub-category “harmful” (2) The container of a chemical product that is classified
in the sub-category “harmful” under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Required Information Section 39
TABLE TO SUBSECTION 39(2) Required Information — Sub-Category “Harmful” Column 1
Column 2
Column
Item
Type of information
Applicable route of exposure
English
Hazard symbol
All
Signal word
All
CAUTIO
Primary hazard statement All
POISON
Specific hazard statement (a) Oral or aspiration
CONTE
(b) Dermal
CONTE
(c) Inhalation
CONTE
or, if on a hazar
FUMES 5
Negative instructions
Positive instructions
(a) Oral or aspiration
Do not
(b) Dermal
Do not clothin
(c) Inhalation
Do not
(a) All
Keep o
(b) Oral or aspiration
Wear [I specific to the h
(c) Dermal
Wear [I specific to the h safety g
(d) Inhalation
Use on
Wear [I cific sa the haz tor.]. 7
First aid statement
(a) All
FIRST A
Contain dients i portion
If swall Centre (b) Oral or aspiration
When a instruc aid, e.g
(c) Dermal
If in eye water.
If on clo (d) Inhalation
Current to June 20, 2022 Last amended on July 1, 2020
If breat fresh a
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Required Information Section 39
TABLEAU DU PARAGRAPHE 39(2) Renseignements obligatoires — sous-catégorie « nocif » Colonne 1
Colonne 2
Colon
Article
Type de renseignements
Voie d’exposition
Rense
Pictogramme de danger
Toute voie
Mot indicateur
Toute voie
Mention de danger principal Toute voie
POISO
Mention de danger spécifique
b) Cutanée
LE CO
c) Inhalation
LE CO
ATTE
a) Orale ou aspiration LE CO
ou, si mée p
LES É NOCIV 5
Instructions négatives
a) Orale ou aspiration Ne pa b) Cutanée
Instructions positives
Éviter peau
c) Inhalation
Ne pa
a) Toute voie
Tenir
b) Orale ou aspiration Porter l’équi ex. : u c) Cutanée
Porter l’équi ex. : d lunett
d) Inhalation
N’util aéré.
Porter l’équi ex. : u 7
Énoncé de premiers soins
a) Toute voie
PREM
Contie gereu leurs
En ca diatem un mé
b) Orale ou aspiration S’il y pour l provo c) Cutanée
En ca la pea
En ca ments d) Inhalation
En ca l’air fr
(3) [Repealed, SOR/2009-165, s. 12] SOR/2009-165, s. 12.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 1 Toxic Products Child-resistant Containers Sections 40-41
Child-resistant Containers Sub-category “toxic” 40 (1) Subject to subsection (2) and section 14, a chemical product that is classified under section 33 in the subcategory “toxic” must be in a child-resistant container that complies with sections 9 to 13. Exceptions — spray container and single-drop dispenser (2) Subsection (1) does not apply to a chemical product classified under section 33 in the sub-category “toxic” that is in (a) a spray container that cannot be opened and that disperses the product as a mist; or (b) a container that (i) dispenses only one drop of the product at a time, and (ii) displays the following primary hazard statement in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26: “THIS CONTAINER IS NOT CHILD-RESISTANT. KEEP OUT OF REACH OF CHILDREN.” « CE CONTENANT N’EST PAS UN CONTENANT PROTÈGE-ENFANTS. TENIR HORS DE LA PORTÉE DES ENFANTS. »
PART 2
Corrosive Products Classification of Corrosive Products Data sources 41 (1) The responsible person for a corrosive product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence: (a) subject to subsection (2), human experience data
for the corrosive product; (b) the table to subsection 42(1), in the case of a corrosive product that contains a substance of special concern;
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Classification of Corrosive Products Sections 41-42
(c) one or more of the following sources in the following order of precedence, in the case of a corrosive product that contains one or more acids or one or more bases: (i) the data sources set out in paragraph 6(1)(b), (c)
or (e), or (ii) the pH and, if applicable, the acid reserve or the
alkali reserve of the corrosive product as set out in the tables to subsections 42(2) and (3), determined using the test methods set out in section 44; (d) the table to subsection 42(4), in the case of a corrosive product that contains a substance, other than an acid or a base, that is capable of inducing necrosis or ulceration of epithelial tissue at the site of application determined using the data sources set out in subsection 43(1); or (e) subsection 42(5), in the case of a corrosive product
that contains a substance, other than an acid or a base, that is capable, when tested using the appropriate test methods set out in subsection 43(2), of causing any of the following at the site of application: (i) an erythema or edema of the skin graded at 2 or more, (ii) corneal damage graded at 2 or more, (iii) iris damage graded at 1 or more, or (iv) conjunctival swelling or redness graded at 2.5 or more.
Classification using human experience data (2) If the human experience data for a corrosive product
demonstrates that the product is capable of causing an effect described in (a) paragraph (1)(d), the product must be classified in the sub-category “corrosive”; or (b) any of subparagraphs (1)(e)(i) to (iv), the product must be classified in the sub-category “irritant”. SOR/2009-165, s. 13(E); SOR/2016-170, s. 8(E).
Sub-categories — substance of special concern 42 (1) A chemical product that contains one or more of
the substances of special concern set out in column 1 of the table to this subsection in a concentration set out in
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Classification of Corrosive Products Section 42
column 2 must be classified in the sub-category set out in column 3. TABLE TO SUBSECTION 42(1) Sub-Categories — Substance of Special Concern Column 1
Column 2
Column 3
Item
Substance of special concern
Concentration
Sub-category
Ethyl bromoacetate
any concentration
Very Corrosive
Fluoride
0.5% or more of available Very Corrosive fluoride ions
Sub-categories — one or more acids (2) A chemical product that contains one or more acids, is in the state set out in column 1 of the table to this subsection and has the properties set out in column 2, as determined under section 44, must be classified in the subcategory set out in column 3.
TABLE TO SUBSECTION 42(2) Sub-Categories — One or More Acids Column 1
Column 2
Column 3
Item
State
Properties
Subcategory
Liquid
(a) a pH of not more than 1.0
Corrosive
(b) a pH of more than 1.0 but not more Corrosive than 3.0, and an acid reserve of 5.0 or more (c) a pH of more than 1.0 but not more Irritant than 3.0, and an acid reserve of 3.0 or more but less than 5.0 2
Solid, paste or gel
(a) a pH of not more than 1.0
Corrosive
(b) a pH of more than 1.0 but not more Corrosive than 3.0, and an acid reserve of 10.0 or more (c) a pH of more than 1.0 but not more Irritant than 3.0, and an acid reserve of 5.0 or more but less than 10.0
Sub-categories — one or more bases (3) A chemical product that contains one or more bases,
is in the state set out in column 1 of the table to this subsection and has the properties set out in column 2, as determined under section 44, must be classified in the subcategory set out in column 3. TABLE TO SUBSECTION 42(3) Sub-Categories — One or More Bases Column 1
Column 2
Item
State
Properties
Sub-category
Liquid
(a) a pH of 13.0 or more
Corrosive
Current to June 20, 2022 Last amended on July 1, 2020
Column 3
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Classification of Corrosive Products Sections 42-43
Item
Column 1
Column 2
Column 3
State
Properties
Sub-category
(b) a pH of less than 13.0 but not less than 11.0, and an alkali reserve of 5.0 or more
Corrosive
(c) a pH of less than 13.0 but not less than 12.0, and an alkali reserve of less than 5.0
Irritant
(d) a pH of less than 12.0 but not less than 11.0, and an alkali reserve of less than 5.0 but not less than 3.0
Irritant
Solid, paste (a) a pH of 13.0 or more or gel (b) a pH of less than 13.0 but not less than 11.0, and an alkali reserve of 10.0 or more
Corrosive Corrosive
(c) a pH of less than 13.0 but not less than 12.0, and an alkali reserve of less than 10.0
Irritant
(d) a pH of less than 12.0 but not less than 11.0, and an alkali reserve of less than 10.0 but not less than 5.0
Irritant
Sub-categories — substances causing necrosis or ulceration (4) A chemical product that contains substances described in paragraph 41(1)(d) that are capable of causing necrosis or ulceration, in a total concentration set out in column 1 of the table to this subsection, must be classified in the sub-category set out in column 2.
TABLE TO SUBSECTION 42(4) Sub-Categories — Substances Causing Necrosis or Ulceration Column 1
Column 2
Item
Total concentration of the substances
Sub-category
5% or more
Corrosive
1% or more but less than 5%
Irritant
Sub-category — substances causing other effects (5) A chemical product that contains substances that are capable of causing an effect described in paragraph 41(1)(e) in a total concentration of 5% or more must be classified in the sub-category “irritant”.
Test Methods Determination — necrosis and ulceration 43 (1) The capability of a substance in a corrosive product to induce necrosis or ulceration of epithelial tissue at the site of application must be determined from an applicable data source set out in paragraphs 6(1)(a) to (c) or (e).
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Test Methods Sections 43-44
Determination — other effects (2) The capability of a substance in a corrosive product
to cause an erythema or edema of the skin, corneal or iris damage or conjunctive swelling or redness at the site of application, to the grade specified in paragraph 41(1)(e), must be determined from the applicable data source set out in paragraphs 6(1)(a) to (c) or (e), including (a) the Draize Test; (b) in the case of an erythema or an edema, OECD No. 404; and (c) in the case of corneal or iris damage or conjunctive
swelling or redness, OECD No. 405.
Determination of the pH 44 (1) The responsible person for a corrosive product
must determine the pH of the product by using good scientific practices that are in accordance with a procedure similar to that described in ASTM D 1293, from (a) in the case of a product in the form of a liquid, the
product as it is dispensed from its container; and (b) in the case of a product in the form of a solid,
paste or gel, or in a form otherwise unsuitable for direct measurement of the pH, a 10% aqueous solution of the product.
Determination of acid reserve or alkali reserve (2) The responsible person for a corrosive product must
determine, where applicable, the acid reserve or the alkali reserve of the product by (a) titrating, in accordance with the OECD Principles
of Good Laboratory Practice, (i) in the case of a product in the form of a liquid, a suitable aliquot of the product as it is dispensed from its container, and (ii) in the case of a product in the form of a solid,
paste or gel, or in a form otherwise unsuitable for direct measurement of the pH, a suitable aliquot of a 10% aqueous solution of the product; and (b) calculating (i) in the case of an acidic product, the amount of an alkali, expressed in grams of sodium hydroxide,
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Test Methods Sections 44-45
that is required to bring 100 mL of the product in the form of a liquid, or 100 g of the product in the form of a solid, paste or gel, to a pH of 4.00 ± 0.05, and (ii) in the case of a basic product, the amount of an
alkali, expressed in grams of sodium hydroxide, that is neutralized when 100 mL of the product in the form of a liquid, or 100 g of the product in the form of a solid, paste or gel, is brought to a pH of 10.00 ± 0.05 by the addition of hydrochloric acid.
Unstable end point (3) If the end point of the titration referred to in subsection (2) is unstable and exhibits drifting, the pH end point reached within 30 seconds after the last addition of titrant is to be used as the effective end point for classification purposes. SOR/2016-170, s. 8(E).
Very Corrosive Products Conditions 45 The manufacturing, importation, advertising or sale
of a corrosive product that is classified in the sub-category “very corrosive” under section 41 is prohibited unless the product is set out in column 1 of the table to this section and meets the conditions set out in column 2. TABLE TO SECTION 45 Conditions for Manufacturing, Importing, Advertising or Selling Very Corrosive Products Column 1
Column 2
Item
Chemical Product
Conditions
A product that contains Product is in the form of a a concentration of 0.5% paste or a gel, is used for etchor more of available ing glass and its container fluoride ions (a) displays the information set out in the table to subsection 46(1); and (b) is child-resistant as required by section 47.
SOR/2009-165, s. 14; SOR/2011-24, s. 5; SOR/2016-170, s. 6.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Section 46
Required Information Required information — sub-category “very corrosive” 46 (1) When a corrosive product classified in the subcategory “very corrosive” under section 41 has an information requirement under the table to section 45, the container of the product must display, for each type of information set out in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics. TABLE TO SUBSECTION 46(1) Required Information — Sub-Category “Very Corrosive” Column 1
Column 2
Co
Item
Type of information
Applicable route of exposure
En
Hazard symbol
All
Signal word
All
EX
Primary hazard statement
All
VE
Specific hazard statement
(a) All
CA
(b) Dermal and contains SY a concentration of 0.5% IM or more of available flu‐ oride ions
Negative instructions
(c) Inhalation
W FU W
(a) All
W ot
Do of th let or
Positive instructions
(b) Oral
Do
(c) Eyes
Do
(d) Dermal
Do
(e) Inhalation
Do
(a) All
Ha
Ke
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Section 46
Item
Column 1
Column 2
Co
Type of information
Applicable route of exposure
En
(b) Oral
W sp to
(c) Dermal
W sp to sa
(d) Inhalation
Us
W sp to ra 7
First aid statement
(a) All
FIR
Co gr pr
If s Ce no (b) Eyes
If i [In tim
(c) Dermal
If o
If o
(d) Inhalation
If b fre
TABLEAU DU PARAGRAPHE 46(1)
Renseignements obligatoires — sous-catégorie « très cor Colonne 1
Colonne 2
Article
Type de renseignements Voie d’exposition
Pictogramme de danger Toute voie
Mot indicateur
Toute voie
Mention de danger principal
Toute voie
Mention de danger spécifique
a) Toute voie
b) Cutanée : concentration nimale de 0,5 % d’ions de fl rure libres c) Inhalation
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Section 46
Colonne 1
Colonne 2
Article
Type de renseignements Voie d’exposition
Instructions négatives
a) Toute voie
b) Orale c) Yeux d) Cutanée e) Inhalation 6
Instructions positives
a) Toute voie
b) Orale
c) Cutanée
d) Inhalation
Énoncé de premiers soins
a) Toute voie
b) Yeux
c) Cutanée
d) Inhalation
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Section 46
Required information — sub-category “corrosive” (2) The container of a corrosive product that is classified in the sub-category “corrosive” under section 41 must display, for each type of information specified in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.
TABLE TO SUBSECTION 46(2) Required Information — Sub-Category “Corrosive” Column 1
Column 2
Col
Eng
Item
Type of information
Applicable route of exposure
Hazard symbol
All
Signal word
All
DA
Primary hazard statement
All
CO
Specific hazard statement
(a) All
CA
(b) Inhalation
Wh FUM OT
Negative instructions
(a) All
Wh oth
Do of o the bow am
Positive instructions
(b) Oral
Do
(c) Eyes
Do
(d) Dermal
Do
(e) Inhalation
Do
(a) All
Han
Kee
Current to June 20, 2022 Last amended on July 1, 2020
(b) Oral
We spe to t
(c) Dermal
We spe to t saf
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Section 46
Item
Column 1
Column 2
Col
Type of information
Applicable route of exposure
Eng
(d) Inhalation
Use
We cifi the tor. 7
First aid statement
(a) All
FIR
Con die por
If s Cen not (b) Eyes
If in [Ins
(c) Dermal
If o
If o
(d) Inhalation
If b air.
TABLEAU DU PARAGRAPHE 46(2)
Renseignements obligatoires — sous-catégorie « corrosif Colonne 1
Colonne 2
Article
Type de renseignements Voie d’exposition
Pictogramme de danger Toute voie
Mot indicateur
Toute voie
Mention de danger principal
Toute voie
Mention de danger spécifique
a) Toute voie
Instructions négatives
a) Toute voie
b) Inhalation
b) Orale
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Section 46
Colonne 1 Article
Colonne 2
Type de renseignements Voie d’exposition c) Yeux d) Cutanée e) Inhalation
Instructions positives
a) Toute voie
b) Orale
c) Cutanée
d) Inhalation
Énoncé de premiers soins
a) Toute voie
b) Yeux
c) Cutanée
d) Inhalation
Required information — sub-category “irritant” (3) Subject to subsection (4), the container of a corrosive product that is classified in the sub-category “irritant” under section 41 must display, for each type of information specified in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Section 46
TABLE TO SUBSECTION 46(3) Required Information — Sub-Category “Irritant” Column 1
Column 2
Colum
Item
Applicable route of Type of information exposure
Signal word
Dermal
CAUT
Primary hazard statement
Dermal
IRRITA
Specific hazard statement
(a) Eye
MAY I
Negative instructions
Englis
(b) Dermal
MAY I
(c) Inhalation
When FUME OTHE
(a) All
When er neg
Do no other chemi or dra nia.].
(b) Eyes
Do no
(c) Dermal
Do no
(d) Inhalation
Do no
Positive instructions All
Keep
First aid statement
FIRST
(a) All
Conta ents in tion].
If swa Centre induce (b) Eyes
If in ey appro
(c) Dermal
If on s
TABLEAU DU PARAGRAPHE 46(3)
Renseignements obligatoires — sous-catégorie « irritant » Colonne 1
Colonne 2
Article
Type de renseignements Voie d’exposition
Mot indicateur
Cutanée
Mention de danger principal
Cutanée
Mention de danger spécifique
a) Yeux
Current to June 20, 2022 Last amended on July 1, 2020
b) Cutanée
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Required Information Sections 46-47
Colonne 1 Article
Colonne 2
Type de renseignements Voie d’exposition c) Inhalation
Instructions négatives
a) Toute voie
b) Yeux c) Cutanée d) Inhalation 5
Instructions positives
Toute voie
Énoncé de premiers soins
a) Toute voie
b) Yeux
c) Cutanée
Exception — another primary hazard statement (4) The primary hazard statement set out in columns 3 and 4 of item 2 of the table to subsection (3) may be omitted when other provisions in these Regulations require another primary hazard statement to be displayed on the container. SOR/2009-165, s. 15.
Child-resistant Containers Sub-categories “very corrosive” and “corrosive” 47 Subject to section 14, a corrosive product must be in
a child-resistant container that complies with sections 9 to 13 if the product has been classified in accordance with section 41 (a) in the sub-category “very corrosive” and is listed in the table to section 45; or
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 2 Corrosive Products Child-resistant Containers Sections 47-49
(b) in the sub-category “corrosive”.
PART 3
Flammable Products Classification of Flammable Products Data sources and tests 48 (1) The responsible person for a flammable product must determine the appropriate sub-category for the product in accordance with section 49 using human experience data or the results of tests conducted in accordance with the test methods set out in sections 50 to 52 and Schedule 1.
Exemption (2) A flammable product that is classified in the sub-category “combustible” is exempt from the requirements of this Part if it (a) is composed of 50% or more of water and 50% or less of water-miscible solvent; and (b) does not sustain combustion when tested in accordance with Test L.2. SOR/2016-170, s. 8(E).
Sub-categories of hazard category “Category 3, flammable products” 49 (1) A flammable product described in column 1 of the table to this subsection must be classified in the subcategory set out in column 2.
TABLE TO SUBSECTION 49(1) Sub-Categories of Hazard Category “Category 3, Flammable Products” Column 1
Column 2
Item
Product Description
Sub-category
A product that spontaneously combusts under Spontaneously reasonably foreseeable conditions of use Combustible
A product that heats spontaneously on contact with air to the point that it begins to burn
A liquid, other than a liquid in a spray container, that has a flash point, determined in accordance with one of the standards set out in section 50, of (a) less than -18.0°C;
Current to June 20, 2022 Last amended on July 1, 2020
Spontaneously Combustible
Very Flammable
Consumer Chemicals and Containers Regulations, 2001 PART 3 Flammable Products Classification of Flammable Products Section 49
Item
Column 1
Column 2
Product Description
Sub-category
(b) -18.0°C or more but not more than 37.8°C; or
Flammable
(c) more than 37.8°C but not more than 60.0°C
Combustible
A solid, paste or gel that emits a vapour that has a flash point, determined in accordance with the standard set out in section 51, of (a) less than -18.0°C;
Very Flammable
(b) -18.0°C or more but not more than 37.8°C; or
Flammable
(c) more than 37.8°C but not more than 60.0°C
Combustible
A gas, other than a gas in a spray container, that forms a flammable mixture with air at a concentration of 13% or less by volume at normal atmospheric pressure
Flammable
A gas, other than a gas in a spray container, that forms a flammable mixture with air over a concentration range of 12% or more by volume at normal atmospheric pressure
Flammable
A liquid or gas in a spray container that, when tested in accordance with the procedure set out in Schedule 1, (a) has a flame projection of 100 cm or more;
Very Flammable
(b) has a flame projection of 15 cm or more but less than 100 cm; or
Flammable
(c) exhibits a flashback
Very Flammable
Flammable liquid in a refillable spray container (2) In the case of a liquid flammable product in a refillable spray container, the responsible person must (a) determine both the product’s flash point, in accordance with section 50, and its flame projection and flashback, in accordance with section 52; and (b) classify the product in the most flammable subcategory of the applicable sub-categories as determined under items 3 and 7 of the table to subsection (1). SOR/2016-170, s. 8(E).
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 3 Flammable Products Test Methods Sections 50-53
Test Methods Flash point — liquids 50 A flammable product in the form of a liquid must be
tested for its flash point in accordance with the following standards: (a) for liquids that have a viscosity of less than 5.8
mm2/s at 37.8°C, ASTM D 56 or ASTM D 3828; and (b) for liquids that have a viscosity of 5.8 mm2/s or
more at 37.8°C, ASTM D 93.
Flash point — solids, pastes and gels 51 A flammable product in the form of a solid, paste or gel must be tested for its flash point in accordance with ASTM D 56.
Flame projection and flashback — spray container 52 A flammable product that is enclosed in a spray container must be tested for its flame projection and flashback in accordance with the procedure set out in Schedule 1.
Very Flammable Products Conditions 53 The manufacturing, importation, advertising or sale
of a flammable product that is classified in the sub-category “very flammable” under section 48 is prohibited unless the product is set out in column 1 of the table to this section and meets the conditions set out in column 2. TABLE TO SECTION 53 Conditions for Manufacturing, Importing, Advertising or Selling Very Flammable Products Column 1
Column 2
Item
Chemical Product
Conditions
A fuel
The container of the fuel is separate or detachable from the internal combustion engine, gas turbine or appliance that uses the fuel, and displays the information set out in the table to subsection 54(1).
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 3 Flammable Products Very Flammable Products Sections 53-54
Column 1
Column 2
Item
Chemical Product
Conditions
A product that exhibits a flash‐ back, other than one that is
The container of the product displays the information set out in the table to subsection 54(1).
(a) a liquid that is classified in the sub-category “very flammable”; or (b) described in paragraph 7(a) of the table to subsection 49(1).
SOR/2009-165, s. 16; SOR/2011-24, s. 6; SOR/2016-170, s. 7.
Required Information Required information — sub-category “very flammable” 54 (1) When a flammable product classified in the subcategory “very flammable” under section 48 has an information requirement under the table to section 53, the container of the product must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3, other than the instructions set out in italics.
TABLE TO SUBSECTION 54(1)
Required Information — Sub-Category “Very Flammable” Column 1
Column 2
Item
Type of information
English information
Hazard symbol
Signal word
EXTREME DANGER
Primary hazard statement
VERY FLAMMABLE
Specific hazard statement
CONTENTS MAY CATC
or, when only the vapou hazard:
FUMES MAY CATCH FI 5
Negative instructions
Do not smoke.
Positive instructions
Use only in a well-venti
Keep away from flames and any object that spa tric motor.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 3 Flammable Products Required Information Section 54
TABLEAU DU PARAGRAPHE 54(1)
Renseignements obligatoires — sous-catégorie « produits Colonne 1
Colonne 2
Article
Type de renseignements
Renseignements en fran
Pictogramme de danger
Mot indicateur
DANGER EXTRÊME
Mention de danger principal
TRÈS INFLAMMABLE
Mention de danger spécifique LE CONTENU PEUT S’E
ou, si seulement la vape sente un danger :
LES ÉMANATIONS PEU 5
Instructions négatives
Ne pas fumer.
Instructions positives
N’utiliser que dans un e Tenir loin des flammes, pilote, et de tout objet p étincelles, tel un moteu
Required information — sub-category “flammable” (2) The container of a flammable product that is classified in the sub-category “flammable” under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3, other than the instructions set out in italics.
TABLE TO SUBSECTION 54(2) Required Information — Sub-Category “Flammable” Column 1
Column 2
Item
Type of information
English information
Hazard symbol
Signal word
Primary hazard statement
FLAMMABLE
Specific hazard statement
CONTENTS MAY CATCH
DANGER
or, when only the vapou hazard:
FUMES MAY CATCH FIR 5
Negative instructions
Do not smoke.
Positive instructions
Use only in a well-ventil
Keep away from flames and any object that spar tric motor.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 3 Flammable Products Required Information Section 54
TABLEAU DU PARAGRAPHE 54(2)
Renseignements obligatoires — sous-catégorie « inflamm Colonne 1
Colonne 2
Article
Type de renseignements
Renseignements en fran
Pictogramme de danger
Mot indicateur
DANGER
Mention de danger principal
INFLAMMABLE
Mention de danger spécifique LE CONTENU PEUT S’E
ou, si seulement la vape sente un danger :
LES ÉMANATIONS PEU MER 5
Instructions négatives
Ne pas fumer.
Instructions positives
N’utiliser que dans un e
Tenir loin des flammes, lote, et de tout objet pro celles, tel un moteur éle
Required information — sub-category “spontaneously combustible” (3) The container of a flammable product that is classified in the sub-category “spontaneously combustible” under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3.
TABLE TO SUBSECTION 54(3)
Required Information — Sub-Category “Spontaneously C Column 1
Column 2
Item
Type of information
English information
Hazard symbol
Signal word
CAUTION
Primary hazard statement
READ INSTRUCTIONS B
Specific hazard statement
DANGER OF COMBUST
Positive instructions
Materials such as rags u uct may begin to burn b
After use, put rags in w then discard.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 3 Flammable Products Required Information Sections 54-55
TABLEAU DU PARAGRAPHE 54(3)
Renseignements obligatoires — sous-catégorie « spontan Colonne 1
Colonne 2
Article
Type de renseignements
Renseignements en fran
Pictogramme de danger
Mot indicateur
ATTENTION
Mention de danger principal
LIRE LES INSTRUCTION
Mention de danger spécifique
DANGER DE COMBUST
Instructions positives
Les matériaux utilisés a les chiffons, peuvent s’e ment.
Après utilisation, mettre l’eau ou les sécher à pla
Required information — sub-category “combustible” (4) The container of a flammable product that is classified in the sub-category “combustible” under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3.
TABLE TO SUBSECTION 54(4) Required Information — Sub-Category “Combustible” Column 1
Column 2
Item
Type of information
English informat
Positive instructions
Keep away from
TABLEAU DU PARAGRAPHE 54(4)
Renseignements obligatoires — sous-catégorie « combus Colonne 1
Colonne 2
Article
Type de renseignements
Renseignements
Instructions positives
Tenir loin des fla
PART 4
Quick Skin-bonding Adhesives Required instructions and first aid statement 55 The container of a quick skin-bonding adhesive must display the instructions and first aid statement set out in section 56 in the manner set out in sections 17 to 20, 24, 25 and 29 to 32.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 4 Quick Skin-bonding Adhesives Sections 56-57
Required information 56 (1) Subject to subsection (2), the container of a quick
skin-bonding adhesive must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3. TABLE TO SUBSECTION 56(1) Required Information — Quick Skin-Bonding Adhesives Column 1
Column 2
Item
Type of information
English information
French information
Signal word
CAUTION
ATTENTION
Primary hazard statement
BONDS SKIN INSTANTLY
COLLE RAPIDEMENT LA PEAU
Negative instructions
Do not get in eyes or mouth or on skin.
Éviter tout contact avec les yeux, la peau et la bouche.
Positive instructions
Keep out of reach of children.
Tenir hors de la portée des enfants.
First aid statement
FIRST AID TREATMENT
PREMIERS SOINS
Contains [name of hazardous ingredients in descending order of proportion].
Column 3
Contient [name of hazardous ingredients in descending order of proportion].
Eyelid bonding: see a doctor.
Paupières collées : consulter un médecin.
Skin bonding: soak skin in water and call a Poison Control Centre.
Peau collée : trem‐ per dans l’eau et appeler un centre antipoison.
Do not force apart. Ne pas forcer pour décoller.
Exception — main display panel less than 35 cm2 (2) The container of a quick skin-bonding adhesive that
has a main display panel of less than 35 cm2 need only display the information set out in columns 2 and 3 of items 2 and 5 of the table to subsection (1) in the height and body size of type set out in subsection 24(3).
Child-resistant container 57 (1) Subject to subsection (2), a quick skin-bonding adhesive must be in a child-resistant container that complies with sections 9 to 13.
Exception — child-resistant packaging (2) Subsection (1) does not apply if the packaging that
immediately encloses the container and that is displayed
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 PART 4 Quick Skin-bonding Adhesives Sections 57-60
to the consumer is child-resistant and complies with sections 9 to 13.
PART 5
Pressurized Containers Application 58 (1) Subject to subsection (2), this Part applies to a
pressurized container that (a) contains or will contain a substance that, when in a liquid state, has an absolute vapour pressure greater than 275 kPa at 37.8°C as determined using ASTM D 323; or (b) is or will be pressurized to an absolute pressure greater than 275 ± 1 kPa at 21.1°C or 717 ± 2 kPa at 54.4°C.
Exceptions (2) This Part does not apply to a pressurized container that complies with CSA B339.
Required information 59 A pressurized container must display, for each type
of information set out in column 1 of the table to this section, the information set out in columns 2 and 3. TABLE TO SECTION 59 Required Information — Pressurized Containers Column 1
Column 2
Column 3
Item
Type of information
English information
French information
Hazard symbol
Signal word
CAUTION
ATTENTION
Primary hazard statement
CONTENTS UNDER PRESSURE
CONTENU SOUS PRESSION
Specific hazard statement
CONTAINER MAY EXPLODE IF HEATED
CE CONTENANT PEUT EXPLOSER S’IL EST CHAUFFÉ
Negative instructions
Do not puncture. Do not burn.
Ne pas perforer. Ne pas brûler.
Positive instructions
Store away from heat.
Conserver loin des sources de chaleur.
60 [Repealed, SOR/2009-165, s. 17]
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 Repeal Sections 61-62
Repeal 61 [Repeal]
Coming into Force Coming into force 62 These Regulations come into force on October 1, 2001.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 1 Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
SCHEDULE 1 (Subsections 1(1), 48(1) and 49(1) and section 52)
Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container Application 1 This test is to be used to determine the flashback and the length of the flame projection of a flammable product enclosed in a spray container.
Apparatus 2 The following apparatus is to be used in this test: (a) a flammability tester, as illustrated in Figures 1 and 2 to the Schedule, that (i) is constructed so that the spray container can be secured in place by means of a holding device, such as a three-pronged clamp affixed to a ring stand, in such a manner that the discharge from the spray container is in the horizontal plane, (ii) may include a remote control device by which (A) the valve of a pressurized container can be activated, such as a side-pull, caliper-type bicycle hand brake, or (B) the trigger or plunger of a pump-spray container can be pneumatically activated, as illustrated in Figures 3 and 4 to the Schedule, (iii) has a vertically mounted burner that (A) has an inside diameter of 1.2 mm, (B) has a Luer-Lock 16-gauge needle affixed to a metal tube or another suitable device, and (C) is placed at a distance of 15 cm from the discharge orifice of the spray container, which distance is to be measured horizontally between the vertical planes of the discharge orifice and the burner orifice, and (iv) has two support frameworks, placed on the opposite side of the burner from the spray container, one at a distance of 15 cm from the burner and the other at a distance of 100 cm from the burner, each of which
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 1 Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
(A) has an internal open space of 35 cm wide by 45 cm high, (B) is constructed from metal or other nonflammable material, (C) is mounted in a vertical plane perpendicular to the direction of discharge from the spray container, and (D) is adjustable in the vertical plane; (b) a cylinder of chemically pure grade propane fitted with a regulator capable of delivering pressure to the burner appropriate to maintaining a flame height of 5 cm; and (c) loosely woven cotton fabric commonly referred to as cheesecloth that has, in the bleached state, a mass per unit area of not less than 35 g/m2 and not more than 65 g/m2.
Test Specimen 3 (1) When there are instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size: (a) if shaking is applicable, shake and discharge the container three times in the manner described in paragraph 4(9)(a); or (b) if shaking is not applicable, discharge the container three times in the manner described in paragraph 4(9)(b). (2) When there are no instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size: (a) without shaking the container, discharge it three times in the manner described in paragraph 4(9)(b); and (b) shake and discharge the container a further three times in the manner described in paragraph 4(9)(a).
Procedure 4 (1) A test (a) must be conducted at a room temperature of 22 ± 2°C in the absence of air currents, with an allowance made for a clearance of 50 cm beyond the support framework that is set at a distance of 100 cm from the burner; and (b) may be conducted in a fume hood with the exhaust fan turned off and the protecting door lowered.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 1 Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
(2) Any fume must be removed from the test area and any residue cleaned up after each discharge. (3) Before testing, each spray container must be (a) maintained at a temperature of 22 ± 2°C for at least four hours; and (b) primed by (i) in the case of a pressurized container, discharging the container for five seconds, and (ii) in the case of a pump-spray container, activating the trigger or pump using each of 18 N, 36 N and 54 N of force for each possible nozzle position until (A) in the case of the “stream” position, a continuous stream is produced, and (B) in the case of the “spray” position, a mist is produced. (4) Install the first spray container in the holding device and ensure that the burner orifice is 15 cm from the discharge orifice of the spray container in the horizontal plane and 5 cm below it in the vertical plane and that the discharge orifice points in the direction of the burner. (5) Adjust the burner to give a flame height of 5 cm and release a single trial discharge from the spray container. (6) If the operation set out in subsection (5) does not produce a flame projection, lower the burner orifice by 5 cm and adjust the burner to give a flame height of 12 cm. (7) Attach the cheesecloth to the flammability tester with bulldog clips or in any other manner so as to cover the entire internal space of the support framework set at a distance of 15 cm from the burner and verify that the cheesecloth is at a proper horizontal distance from the vertical plane of the burner orifice on the opposite side of the burner from the spray container. (8) Adjust the height of the support framework so that the cheesecloth will intercept the line of flame projection. (9) Prepare the spray container in accordance with the manufacturer’s instructions and (a) if shaking is applicable, (i) shake vigorously for five seconds, or for the period specified in the manufacturer’s instructions, (ii) install the spray container in the holding device, and (iii) 15 seconds after the cessation of shaking, release the discharge in accordance with subsection (10); or (iv) [Repealed, SOR/2009-165, s. 20]
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 1 Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
(b) if shaking is not applicable, install the spray container in the holding device and release the discharge in accordance with subsection (10), allowing the spray container to stand for at least 60 seconds between discharges. (10) Discharge the spray container (a) in the case of a pressurized container, for five seconds or until the cheesecloth ignites; or (b) in the case of a pump-spray container, for three sprays or until the cheesecloth ignites. (11) In the case of a pump-spray container, repeat the procedure set out in paragraph (10)(b) for each of 18 N, 36 N and 54 N of force for each possible nozzle position. (12) If the cheesecloth attached to the support framework that is set at a distance of 15 cm from the burner ignites, the remaining discharges referred to in section 3 must be carried out in accordance with subsections (1) to (11) using a new piece of cheesecloth attached to the support framework that is set at a distance of 100 cm from the burner.
Determination and Reporting of Flame Projection and Flashback 5 (1) If at any time during the test the cheesecloth that is mounted at a distance of 100 cm from the burner is ignited, the length of the flame projection is 100 cm or more. (2) If at any time during the test the cheesecloth that is mounted at a distance of 15 cm from the burner is ignited and, at all times during the test, the cheesecloth that is mounted at a distance of 100 cm from the burner remains unignited, the length of the flame projection is 15 cm or more but less than 100 cm. (3) If at any time during the test the cheesecloth mounted at a distance of 15 cm from the burner is not ignited but there is a flame projection, the length of the flame projection is less than 15 cm. 6 The following test results must be recorded and kept for a period of at least three years after the testing is carried out: (a) the length of the flame projection (i) in the case of a pressurized container, for each discharge, and (ii) in the case of a pump-spray container, for each discharge at each nozzle position and each force applied; (b) a lack of flame projection resulting from any of the test discharges; and (c) any flashback.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 1 Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
FIGURE 1
Flammability Tester Pressurized Container
FIGURE 2
Flammability Tester Pump-Spray Container
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 1 Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
FIGURE 3
Holding Apparatus for a Trigger-Type Container Isometric View
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 1 Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container
FIGURE 4
Holding Apparatus for a Plunger Type or Pressurized Container Isometric View
SOR/2009-165, ss. 18 to 21.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 2
SCHEDULE 2 (Subsection 1(1) and section 21)
Hazard Symbols Column 1
Column 2
Item
Description
Symbol
TOXIC
CORROSIVE
FLAMMABLE
EXPLOSIVE
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 3 Test Method for Determining Whether a Container Leaks
SCHEDULE 3 (Section 7)
Test Method for Determining Whether a Container Leaks Interpretation Definitions 1 The definitions in this section apply in this Schedule. seal, in respect of a container, means any device or membrane under the closure that covers the opening of the container, including any membrane that is part of the container, such as a heat induction seal or a sonic seal. It does not include a liner or a mechanism that is an integral part of the closure. (sceau d’étanchéité) test sample means (a) in the case of a container of a chemical product, the container filled with the product in the manner in which it is sold to the consumer; or (b) in the case of an empty container that is destined to receive a chemical product, the container filled with the product that it is destined to receive. (échantillon d’essai)
Test Method Preparation of Sample for Testing Remove seal 2 Except in the case of a single-use container, (a) open the test sample; (b) remove any seal that is present under the closure in accordance with the manufacturer’s instructions or, if no instructions are provided, puncture the seal; and (c) reclose the sample as tightly as possible without stripping the threads of the closure.
Bring to room temperature 3 Place the test sample in a test location that has a constant temperature of 23 ± 2°C for at least four hours to permit the container and its contents to reach the temperature of the test location.
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 3 Test Method for Determining Whether a Container Leaks
Testing for Leaks Position of test sample 4 Position the test sample (a) over a clean piece of blotting paper or another paper that stains on contact with a liquid; (b) in an inverted position at a 45° angle below the horizontal; and (c) with the closure in the lowest possible position and free of any obstruction.
Examine paper 5 After one hour, remove the test sample and examine the paper described in paragraph 4(a) for evidence that any of the contents have leaked from the sample.
Pass or Fail Fail 6 If an examination of the paper described in paragraph 4(a) discloses any trace of the contents of the test sample, the sample has failed the leakage test and a container of the same type as the test sample must not be used for a chemical product.
Pass 7 If no trace of the contents of the test sample is found on the paper described in paragraph 4(a), the sample has passed the leakage test and a container of the same type as the test sample may be used for a chemical product. SOR/2009-165, s. 22(F).
Current to June 20, 2022 Last amended on July 1, 2020
Consumer Chemicals and Containers Regulations, 2001 SCHEDULE 4
SCHEDULE 4 (Paragraph 19(1)(b))
ILLUSTRATION — STANDARD SANS SERIF TYPE
Current to June 20, 2022 Last amended on July 1, 2020
|
CONSOLIDATION
Communications Security Establishment Regulations
SOR/2011-255
Current to June 20, 2022 Last amended on November 16, 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 November 16, 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 November 16, 2011
TABLE OF PROVISIONS Communications Security Establishment Regulations 1
Block Transfer
Cession of Effect
Coming into Force
Current to June 20, 2022 Last amended on November 16, 2011
ii
Registration SOR/2011-255
November 15, 2011
PUBLIC SERVICE EMPLOYMENT ACT Communications Regulations P.C. 2011-1304
Security
Establishment
November 15, 2011
His Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to subsection 123(1) of the Public Service Employment Acta, hereby makes the annexed Communications Security Establishment Regulations.
a
S.C. 2003, c. 22, ss. 12 and 13
Current to June 20, 2022 Last amended on November 16, 2011
Communications Regulations
Security
Establishment
Block Transfer 1 Subsection 132(1) of the Public Service Employment
Act applies to the Communications Security Establishment.
Cession of Effect 2 These Regulations cease to have effect at 00:00:03 on
November 16, 2011.
Coming into Force 3 These Regulations come into force at 00:00:01 on November 16, 2011.
Current to June 20, 2022 Last amended on November 16, 2011
|
CONSOLIDATION
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations
SOR/2001-527
Current to June 20, 2022 Last amended on November 2, 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 November 2, 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 November 2, 2006
TABLE OF PROVISIONS Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations 1
Interpretation
Application
Liability of Minister
Limitation to Minister’s Liability
Loss-sharing Ratio
Capital Lease Registration with the Minister
Fees
Maximum Annual Imputed Interest Rate
Additional Amounts Payable by Lessee
Designation of Lessors
Maintaining Status as Lessor
Due Diligence Requirements
Payment Terms
Revision of Payment Terms
Current to June 20, 2022 Last amended on November 2, 2006
ii
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations TABLE OF PROVISIONS
Improvements
Forms of Security
Guarantees and Suretyships
Non-Compliance
Transfer of Capital Leases at the Request of the Lessee
Transfer of Capital Leases for the Purpose of Lease Funding
Amalgamation of Lessors
Discontinuance of Capital Leasing Business
Transfer of Capital Leases Between Lessees
Reporting Requirements
Default
Procedure on Default
Claims Procedure
Interim Claims Procedure
Subrogation
Audit or Examination
Evaluation of Regulations
Current to June 20, 2022 Last amended on November 2, 2006
iv
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations TABLE OF PROVISIONS
Cessation of Effect
Coming into Force
Current to June 20, 2022 Last amended on November 2, 2006
v
Registration SOR/2001-527
December 6, 2001
CANADA SMALL BUSINESS FINANCING ACT
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations P.C. 2001-2237
December 6, 2001
Whereas, pursuant to subsection 13(5) of the Canada Small Business Financing Acta, the Minister of Industry caused a copy of the proposed Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations, substantially in the form set out in the annexed regulations, to be laid before the House of Commons and before the Senate on October 3, 2001; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister for the purposes of the Atlantic Canada Opportunities Agency Act, the Minister of Western Economic Diversification, the Minister of Industry, the Minister of Finance and the Treasury Board, pursuant to sections 13 and 14 of the Canada Small Business Financing Acta, hereby makes the annexed Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations.
a
S.C. 1998, c. 36
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations
Interpretation 1 (1) The definitions in this subsection apply in these Regulations.
Act means the Canada Small Business Financing Act. (Loi) aggregate outstanding balance means the aggregate, calculated on the day on which a capital lease is entered into or is amended as a result of improvements to the equipment, of (a) the total financing amount of the capital lease, (b) the outstanding balance of any other capital lease
registered with the Minister in accordance with these Regulations, and (c) the outstanding loan amount referred to in subsection 4(3) of the Act. (somme des soldes impayés)
capital lease means a lease or leasing under which a lessor provides equipment to a lessee for payment and that meets one of the following conditions: (a) the lease or leasing includes a bargain purchase
option or provides for a transfer of ownership of the leased equipment to the lessee at the end of its term; (b) the term of the lease or leasing is greater than 75%
of the economic life of the equipment; and (c) the net present value of the scheduled payments
made under the lease or leasing, calculated in accordance with the annual imputed rate of interest used in the calculation of the scheduled payments, is 90% or more of the cost of the equipment on the day the lease or leasing is entered into. (contrat de location-acquisition) cost of the equipment means, in respect of equipment that is the subject of a capital lease, (a) in respect of new equipment, the purchase price of the equipment provided to the lessee,
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Interpretation Section 1
(b) in respect of used equipment, the lesser of (i) the purchase price of the used equipment, and (ii) the fair market value of the used equipment on
the day on which the capital lease is entered into, and may include, in respect of either new or used equipment, (c) the additional costs necessary for the operation of the equipment, other than maintenance and training costs, (d) the cost of software related to the operation of the equipment, and (e) non-refundable taxes and customs duties, if applicable. (coût du matériel) lease funder means a person who purchases or accepts an assignment of a capital lease. (investisseur) lessee means a person who carries on or is about to carry on a small business in Canada and who is a party to a capital lease. It does not include Her Majesty or an agent of Her Majesty in right of Canada or a province, a municipality or a municipal or other public body that performs a function of government. (locataire) lessor means (a) a member of the Canadian Payments Association established by subsection 3(1) of the Canadian Payments Act (i) as set out in paragraph 4(1)(b) or (c) or paragraph 4(2)(a) or (c) of that Act, or (ii) as set out in any of paragraphs 4(2)(d) to (h) of
that Act, if the member provides, with their application to be a lessor under these Regulations, their Canadian Payments Association transit number and a certificate issued by the member’s external auditor stating that the member has been a commercial lessor in Canada for the past five years; (b) a local cooperative credit society, within the meaning of subsection 2(1) of the Canadian Payments Act, that is a member of a central cooperative credit society, within the meaning of that subsection, if the central cooperative credit society is a member of the Canadian Payments Association; (c) a leasing company incorporated in Canada or a lease funder carrying on business in Canada, with a place of business in Canada, that
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Interpretation Section 1
(i) maintains a rating of “BBB” or better issued by a Canadian bond rating agency, or (ii) participates in a securitization program approved by a Canadian bond rating agency; or (d) any other organization designated by the Minister as a lessor for the purposes of these Regulations. (locateur)
outstanding balance of a capital lease means the aggregate of (a) the amount of any overdue payments, (b) the net present value of all future payments due under the capital lease, discounted at the annual imputed rate of interest used in the calculation of the scheduled payments, and (c) the present value, discounted at the annual imputed rate of interest used in the calculation of the scheduled payments of the lesser of (i) the residual value of the equipment set out in the registration form referred to in subsection 12(1), and (ii) the bargain purchase option price of the equipment set out in the capital lease. (solde impayé du contrat de location-acquisition)
rate of interest on Government of Canada bonds means (a) for a capital lease with a term of less than three
years, the one to three year Government of Canada marketable bonds average yield as published by the Bank of Canada on the last Wednesday of the month before the day on which the capital lease is entered into; (b) for a capital lease with a term of three to five
years, the three to five year Government of Canada marketable bonds average yield as published by the Bank of Canada on the last Wednesday of the month before the day on which the capital lease is entered into; and (c) for a capital lease with a term exceeding five years
but not exceeding ten years, the five to ten year Government of Canada marketable bonds average yield as published by the Bank of Canada on the last Wednesday of the month before the day on which the capital lease is entered into. (taux de rendement des obligations du gouvernement du Canada)
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Interpretation Section 1
small business means a business carried on or about to be carried on in Canada for gain or profit with an estimated gross annual revenue (a) in the case of a business being carried on, not exceeding $5 million for the fiscal year of the business during which a capital lease is approved by a lessor, or a loan is approved by a lender, in respect of the business; or (b) in the case of a business about to be carried on,
that is not expected, at the time a capital lease is approved by a lessor or a loan is approved by a lender in respect of the business, to exceed $5 million for its first fiscal year that is at least 52 weeks in duration. It does not include the business of farming or a business having as its principal object the furtherance of a charitable or religious purpose. (petite entreprise) total financing amount of a capital lease means the aggregate of (a) the financed cost of the equipment, and (b) the registration fee referred to in subsection 14(1), if the fee has been financed and is set out in the registration form referred to in subsection 12(1). (montant total du financement du contrat de location-acquisition)
(2) For the purposes of these Regulations, the provisions of the Income Tax Act apply to the determination of whether a person is dealing at arm’s length with another person. (3) For the purposes of these Regulations, a lessee is related to another lessee or borrower if (a) either lessee or borrower directly or indirectly controls the other in any manner; (b) both lessees or both the lessee and the borrower
are directly or indirectly controlled in any manner by the same person or group of persons; (c) the lessee carries on their small business in partnership with the other lessee or borrower who carries on another small business; or
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Interpretation Sections 1-3
(d) the lessee shares management services, administrative services, equipment, facilities or overhead expenses of the business with the other lessee or borrower, but is not in partnership with that lessee or borrower.
(4) For the purpose of subsection (3), control means the holding of shares of a corporation to which are attached more than 50% of the votes necessary to elect a majority of their directors. (5) Despite subsection (3), a lessee is not related to another lessee or borrower for the purposes of these Regulations if their businesses are located at different premises and neither derives more than 25% of their actual or projected gross revenues from the other. (6) For the purposes of these Regulations, a capital lease is considered to have been entered into on the day on which it is signed by the lessee and the lessor. SOR/2002-446, s. 1; SOR/2006-272, s. 1(F).
Application 2 These Regulations apply only to capital leases that are
entered into after the coming into force of these Regulations and that are registered with the Minister in accordance with these Regulations. 3 (1) The following conditions shall be satisfied in respect of a capital lease: (a) the capital lease shall meet the criteria set out in
subsection (2); (b) the purpose of the capital lease is to provide equipment necessary for the operation of the lessee’s small business, namely, (i) new equipment, or (ii) used equipment that has an economic life greater than the term of the capital lease. (2) These Regulations apply to a capital lease if (a) the
cost of ceed $250,000;
the
equipment
does
not
ex(b) the total financing amount of the capital lease
does not exceed $250,000; and
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Application Sections 3-7
(c) the aggregate outstanding balance in respect of a lessee that is a party to the capital lease or a related lessee or borrower does not exceed $250,000.
4 These Regulations do not apply to a capital lease if the capital lease is to provide (a) equipment the cost of which exceeds $250,000; (b) equipment for which the financed cost is greater than 100% of the cost of the equipment; (c) real property or immovables; (d) equipment that is the subject of a conditional sale;
or (e) equipment that is the subject of a sale-lease back. 5 Subject to subsection 21(2), the maximum term of a
capital lease is 10 years beginning on the day on which the capital lease is entered into.
Liability of Minister 6 (1) Subject to subsection (2), the Minister is liable to
pay a lessor any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on a capital lease. (2) The Minister may give notice in writing to a lessor of
the termination of the Minister’s liability in respect of a capital lease entered into by the lessor on or after the date set out in the notice. (3) A notice under subsection (2) is not effective unless the date set out in the notice is at least 24 hours after receipt of the notice at the place of business of the lessor.
Limitation to Minister’s Liability 7 The liability of the Minister to make any payment to a lessor in respect of losses, sustained as a result of all lessees’ defaults on all capital leases entered into by the lessor is limited to the aggregate of (a) 90% of that part of the aggregate total financing
amount of all capital leases entered into by the lessor that does not exceed $250,000, (b) 50% of that part of the aggregate total financing
amount of all capital leases entered into by the lessor that exceeds $250,000 but does not exceed $500,000,
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Limitation to Minister’s Liability Sections 7-12
(c) 10% of that part of the aggregate total financing
amount of all capital leases entered into by the lessor that exceeds $500,000, and (d) 10% of the aggregate total financing amount of all capital leases transferred to the lessor as a result of lease funding in accordance with section 36. 8 The Minister is not liable to make any payment to a lessor in respect of any loss sustained as a result of a lessee’s default on a capital lease, if the aggregate outstanding balance in respect of the lessee or a related lessee or borrower exceeds $250,000, when that amount was disclosed to the lessor by the lessee or the lessor had actual knowledge of it on or before the day on which the capital lease is entered into.
Loss-sharing Ratio 9 The liability of the Minister in respect of losses sustained as a result of a lessee’s default on a capital lease is limited to 85% of the lessor’s eligible loss, calculated in accordance with subsection 44(7). 10 The Minister is not liable to make any payment to a
lessor unless the lessor has (a) paid to the Minister the registration fee referred to
in subsection 14(1); (b) paid to the Minister the administration fee referred to in subsection 14(2); and (c) complied with the other requirements of these Regulations.
Capital Lease Registration with the Minister 11 (1) Subject to subsection (2), a lessor shall submit a
capital lease to the Minister for registration within four months after the day on which the capital lease is entered into. (2) If non-compliance with subsection (1) is inadvertent, the Minister shall extend the period by two months.
12 (1) The registration of a capital lease shall be done
on a form that shall be signed by the lessor and the lessee and contain the following information:
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Capital Lease Registration with the Minister Section 12
(a) the lessor’s name, address and an identification number assigned by the Minister; (b) the lessee’s name and the address and telephone
number of the small business; (c) the day on which the capital lease is entered into; (d) a statement setting out (i) the total financing amount of the capital lease, (ii) the registration fee referred to in subsection
14(1), if it is financed, (iii) the cost of the equipment, and (iv) the value of the bargain purchase option or the
residual value of the equipment; (e) any charges and insurance premiums referred to in section 16, that the lessee is required to pay; (f) the lessor’s acknowledgement that the lessee was
not required to pay any fees or charges other than those authorized by these Regulations; (g) the lessee’s consent to (i) the audit, by the Minister, of the capital lease
approval and administration file held by the lessor, (ii) the release, by the Minister, of information in respect of the lessee’s outstanding capital leases registered with the Minister in accordance with these Regulations to another lessor to whom the lessee applied for a capital lease, (iii) the release by the Minister, of information in
respect of the lessee’s outstanding loans made under the Act and the lessee’s outstanding guaranteed business improvement loans made under the Small Business Loans Act, to another lessor to whom the lessee applied for a capital lease, and (iv) the release by the Minister, of information in
respect of the lessee’s outstanding capital leases registered with the Minister in accordance with these Regulations to a lender to whom the lessee applied for a loan; (h) the lessor’s acknowledgement that, before entering into the capital lease, the lessor verified within their organization, that the aggregate outstanding balance in respect of the lessee or a related lessee or borrower did not exceed $250,000;
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Capital Lease Registration with the Minister Sections 12-14
(i) the lessee’s acknowledgement that the aggregate outstanding balance in respect of the lessee or a related lessee or borrower does not exceed $250,000; (j) the lessor’s acknowledgement that the capital lease
does not provide for any matter referred to in paragraphs 4(a) to (e); and (k) the lessor’s acknowledgement that, before approving the capital lease, the lessor acted in accordance with the due diligence requirements referred to in section 19.
(2) The registration form referred to in subsection (1)
shall be accompanied by a capital lease cost form signed by the lessor which contains the following information: (a) the annual imputed rate of interest used in the calculation of the scheduled payments; (b) a complete breakdown of the calculation of the
scheduled payments; and (c) in the case of used equipment, the fair market value of the equipment on the day on which the capital lease is entered into.
Fees 13 Every capital lease is subject to the condition that no
fee or charge is payable by a lessee other than (a) the registration fee referred to in subsection 14(1); (b) the administration fee referred to in subsection
14(2); and (c) any other fee or charge authorized by these Regulations.
14 (1) A registration fee in respect of a capital lease
shall be paid by the lessor to the Minister when the capital lease is submitted for registration. This fee, which is 2% of the financed cost of the equipment, may be included in the total financing amount of the capital lease. (2) An administration fee in respect of a capital lease
shall be paid by the lessor to the Minister. It is calculated
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Fees Section 14
at the end of each month at the annual rate of 1.25% applied to the outstanding balance of the capital lease minus the present value of the lesser of (a) the residual value of the equipment set out in the
registration form referred to in subsection 12(1), and (b) the bargain purchase option price of the equipment set out in the capital lease. (3) The administration fee is payable quarterly, within
two months after the end of each quarter. (4) With each payment under subsection (3), the lessor
shall submit to the Minister a statement that substantiates the basis on which the payment was calculated. (5) When the lessor is unable to provide one or more of the statements required by subsection (4) in respect of a year, the Minister shall notify the lessor (a) that for that year, the lessor may make the payments referred to in subsection (3), except the payment for the last quarter, on the basis of estimates of the amounts payable; and (b) that for that year, the lessor shall submit the statement required by subsection (6) rather than the statements required by subsection (4). (6) On or before June 1 following a year in respect of
which a lessor makes the payments referred to in subsection (5), the lessor shall pay any amount owing for the year, or claim any overpayment for the year, and submit to the Minister a statement that substantiates the basis on which the amount of the administration fee was calculated. (7) On application by a lessor within one year after a
capital lease registered with the Minister in accordance with these Regulations is entered into, the Minister shall (a) if the lessor has not provided to the lessee all of the equipment that is the subject of the capital lease, refund to the lessor that portion of the registration fee paid that is attributable to the portion of the equipment and subtract the value of that portion of the equipment from the total financing amount of the capital lease; or (b) if the lessor determines that the capital lease is not in compliance with the requirements of these Regulations, refund to the lessor the registration fee and the administration fee and delete the total financing amount of the capital lease from the registry, which
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Fees Sections 14-16
terminates the Minister’s liability in respect of the capital lease.
(8) The lessor shall not charge the lessee for the administration fee except through the imposition of an annual imputed rate of interest.
Maximum Annual Imputed Interest Rate 15 The maximum annual imputed rate of interest used
to calculate the scheduled payments on a capital lease shall not exceed the aggregate of 13.25% and the rate of interest on Government of Canada bonds.
Additional Amounts Payable by Lessee 16 A lessor may require a lessee to pay, in addition to
the registration fee referred to in subsection 14(1) and the administration fee referred to in subsection 14(2), (a) any charge to register the lessor’s security interest or to publish their rights; (b) any premium paid by the lessor in respect of a
capital lease under a life or disability insurance policy that provides that a benefit is or may become payable to the lessor; (c) any charge by the lessor for the handling of a
cheque presented or issued by a lessee that is subsequently returned because there are not sufficient funds, if stipulated in the capital lease; (d) any cost related to the inspection of the equipment, if stipulated in the capital lease; (e) any fee for changes to the capital lease requested by the lessee; (f) any expense incurred by the lessor to preserve their security in the event of default; (g) any fee or charge related to maintaining the equipment in good condition, if stipulated in the capital lease; and
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Additional Amounts Payable by Lessee Sections 16-20
(h) any premiums for equipment liability, physical damage and replacement insurance, if required under the capital lease.
Designation of Lessors 17 The Minister is authorized to designate organizations
as lessors.
Maintaining Status as Lessor 18 A lessor that is a leasing company or a lease funder shall, in order to maintain their status as a lessor, provide proof to the Minister on an annual basis that they (a) maintain a rating of “BBB” or better issued by a Canadian bond rating agency; or (b) participate in a securitization program approved by a Canadian bond rating agency.
Due Diligence Requirements 19 Before entering into and administering a capital
lease, the lessor shall apply the same due diligence and business procedures as those applicable to a capital lease of the same amount that is not subject to these Regulations, including (a) obtaining credit references or conducting a credit check on the lessee; (b) completing an assessment of the ability of the
lessee to pay, taking into account all other financial obligations of the lessee; (c) providing for a term similar to the term of a capital lease of the same amount that is not subject to these Regulations; and (d) in the case of used equipment, substantiating in
writing the fair market value and economic life of the equipment on the day on which the capital lease is entered into.
Payment Terms 20 (1) A capital lease shall set out the total financing
amount, the payment terms, the frequency of the scheduled payments and the date on which the capital lease is
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Payment Terms Sections 20-22
entered into. It shall set out either the bargain purchase option price or the residual value of the equipment, as the case may be. (2) If the term of a capital lease in good standing is less than the maximum period specified in section 5, the lessor may renew it for one or more additional terms, at an annual imputed rate of interest that does not exceed the maximum annual imputed rate referred to in section 15 as of the renewal date, to an aggregate maximum term of 10 years, including all renewal terms, beginning on the day on which the capital lease is entered into. SOR/2006-272, s. 2.
Revision of Payment Terms 21 (1) A lessor and a lessee may, at any time, agree to
revise the payment terms of a capital lease. (2) If a lessor and a lessee agree to revise the payment
terms of a capital lease by extending the term beyond the maximum period specified in section 5, it is a condition of the Minister’s liability under these Regulations that the approval of the Minister shall be obtained in writing prior to the extension. The Minister shall approve the extension if it is likely to decrease the risk of default by the lessee on the capital lease.
Improvements 22 (1) A lessor and a lessee may, at any time, agree to
improve the original equipment that is the subject of a capital lease. The improvements do not include the replacement of the original equipment in its entirety. (2) If a lessor and a lessee agree to improve the original equipment that is the subject of a capital lease and to amend the capital lease, the Minister’s liability under these Regulations continues if the capital lease is amended accordingly and if (a) the capital lease as amended has a term that does not extend beyond the maximum period specified in section 5; (b) the annual imputed rate of interest used in the calculation of the scheduled payments is the same as the annual imputed rate of interest used in the original capital lease;
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Improvements Sections 22-26
(c) the lessor notifies the Minister in writing of the
improvements made to the equipment within three months of the day on which the amendment to the capital lease was made, and provides the Minister with the following information, namely, (i) the detailed cost of the improvements, (ii) a detailed calculation of the revised payments, (iii) the additional cost of the equipment that has been financed, and (iv) the new outstanding balance of the capital
lease; and (d) the lessor sends to the Minister, with the notice referred to in paragraph (c), an additional registration fee that is calculated on the basis of the additional cost of the equipment that has been financed.
Forms of Security 23 (1) Subject to subsection (2), a lessor shall, when entering into or amending a capital lease, register a security interest in the leased equipment, within the time and in accordance with the form prescribed under the applicable provincial law. (2) Where applicable, the lessor shall make a publication of their rights in the registry office within the time and in accordance with the form prescribed in the province to set up their rights against any third party. 24 A lessor may take additional security in the assets of the lessee’s small business.
25 The lessor may release any additional security if the
capital lease is in good standing.
Guarantees and Suretyships 26 (1) A lessor may, in addition to the forms of security referred to in sections 23 and 24, take one or more unsecured personal guarantees or suretyships for an amount that does not exceed the aggregate of (a) 25% of the total financing amount of the capital lease, (b) the interest on any judgment against the surety,
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Guarantees and Suretyships Sections 26-30
(c) taxed costs for, or incidental to, legal proceedings
against the surety, and (d) legal fees and disbursements, other than the costs
referred to in paragraph (c), and other costs incurred by the lessor for services rendered by persons other than their employees for the purpose of legal proceedings against the surety. (2) If a lessor takes more than one personal guarantee or
suretyship, they shall state that the aggregate liability of the sureties may not exceed the aggregate amount referred to in subsection (1). 27 A lessor may, in addition to any security or guarantee or suretyship referred to in sections 23, 24 and 26, take one or more secured or unsecured corporate guarantees or suretyships. 28 A lessor may release a guarantor or surety from a guarantee or suretyship only if a capital lease is in good standing and the lessee has paid at least 50% of the total financing amount of the capital lease.
29 A lessee may, at any time with the consent of the lessor, replace a guarantee or suretyship with security in any assets of the small business or with another guarantee or suretyship, if the value of the replacement security, guarantee or suretyship is equal to or greater than the value of the original guarantee or suretyship but does not exceed the maximum provided for in section 26.
Non-Compliance 30 (1) The Minister is not liable to make any payment to a lessor in respect of any loss sustained as a result of lessees’ defaults on all capital leases entered into by the lessor, if the lessor has not paid the administration fee referred to in subsection 14(2). (2) Despite subsection (1), the Minister shall pay to the lessor the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of lessees’ defaults on all capital leases entered into by the lessor if (a) the non-compliance is inadvertent; and (b) the administration fee is paid within 90 days after
the day on which notice of the non-compliance from the Minister is received at the place of business of the lessor.
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Non-Compliance Sections 31-33
31 (1) The Minister is not liable to make any payment to
a lessor in respect of any loss sustained as a result of a lessee’s default on a capital lease if (a) the capital lease provides for a matter referred to in section 4; (b) the due diligence requirements referred to in section 19 are not met; (c) the requirements under section 23 are not met; or (d) the requirements under paragraph 44(4)(a) are not
met.
(2) Despite subsection (1), if the non-compliance referred to in any of paragraphs (1)(a) to (d) is inadvertent, the Minister shall pay to the lessor the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained on the portion of the total financing amount of the capital lease that relates to equipment and that is in compliance with these Regulations. SOR/2006-272, s. 3.
32 (1) The Minister is not liable to make any payment to
a lessor in respect of any loss sustained as a result of a lessee’s default on a capital lease if the requirements set out in sections 26 to 29 in respect of guarantees or suretyships are not met in respect of the capital lease. (2) Despite subsection (1), the Minister shall pay to the
lessor the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on a capital lease if (a) the non-compliance is inadvertent and the loss
was not affected by it; and (b) the aggregate amount recovered from the realization of personal guarantees and suretyships, if any, does not exceed the aggregate of the amounts referred to in paragraphs 26(1)(a) to (d).
33 (1) The Minister is not liable to make any payment to a lessor in respect of any loss sustained as a result of a lessee’s default on a capital lease, if (a) the term of the capital lease is longer than the
maximum period specified in section 5 or the period approved under subsection 21(2);
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Non-Compliance Sections 33-35
(b) a fee or charge is payable, other than a fee or
charge referred to in section 13, 14 or 16; or (c) the annual imputed rate of interest used to calculate the scheduled payments in respect of the capital lease is greater than the maximum annual imputed rate of interest referred to in section 15. (2) Despite subsection (1), the Minister shall pay to the lessor the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on a capital lease if (a) the non-compliance is inadvertent and the loss
was not affected by it; and (b) the lessor has reimbursed the lessee for any resulting overcharges and has otherwise remedied the noncompliance. 34 Despite section 41, if a lessor does not provide a report as required by section 40 until after the time required by that section and the non-compliance is inadvertent, the Minister, after receiving the report, shall pay to the lessor the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on a capital lease to which the report relates. SOR/2006-272, s. 4(E).
Transfer of Capital Leases at the Request of the Lessee 35 (1) When a capital lease is transferred by a lessor to
another lessor at the request of the lessee, the parties to the transfer shall notify the Minister of the transfer in the form referred to in subsection (4). (2) After the transfer referred to in subsection (1), the Minister is liable to pay to the transferee the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on the capital lease if (a) the Minister’s liability under section 7 in relation
to the remaining capital leases of the transferor does not, as a result of the transfer, exceed the amount already paid by the Minister to the transferor, if any; and (b) the total number of capital leases transferred by the transferor under this section, for the duration of these Regulations, does not exceed the greater of 20
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Transfer of Capital Leases at the Request of the Lessee Sections 35-36
and 1% of the number of capital leases entered into by the transferor during that period. (3) The Minister shall determine whether the requirements set out in subsection (2) have been met and shall notify both lessors of the determination. (4) The lessee and both the transferor and transferee
shall sign a form which includes the registration number assigned to the capital lease by the Minister and the lessee’s acknowledgement that the lessee requested the transfer. (5) A transfer of a capital lease shall be registered or published in accordance with applicable provincial law. SOR/2006-272, s. 5(F).
Transfer of Capital Leases for the Purpose of Lease Funding 36 (1) When a capital lease is transferred by a lessor to
another lessor for the purpose of lease funding, both lessors shall notify the Minister of the transfer in the form referred to in subsection (4). (2) After the transfer referred to in subsection (1), the
Minister is liable to pay to the transferee the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on the capital lease, if the Minister’s liability under section 7 in relation to the remaining capital leases of the transferor does not, as a result of the transfer, exceed the amount already paid by the Minister to the transferor, if any. (3) The Minister shall determine whether the requirements set out in subsection (2) have been met and shall notify both the transferor and transferee of the determination. (4) The transferor and the transferee shall sign a form which includes the registration number assigned to the capital lease by the Minister. (5) A transfer of a capital lease for the purpose of lease
funding shall be registered or published in accordance with applicable provincial law.
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Amalgamation of Lessors Sections 37-38
Amalgamation of Lessors 37 (1) When two or more lessors intend to amalgamate
to form a new lessor, they shall notify the Minister in writing of their intention to amalgamate and of the day on which the amalgamation is proposed to take effect. (2) On amalgamation, the Minister is liable to pay to the
new lessor the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of lessees’ defaults on all capital leases entered into by the lessor and (a) any capital leases entered into by the amalgamating lessors are considered to have been entered into by the new lessor; (b) claims for loss sustained in respect of capital leases that were paid by the Minister to each of the amalgamating lessors are considered to have been paid to the new lessor; and (c) if, as a result of the amalgamation, the amount already paid by the Minister to the amalgamating lessors as a result of the Minister’s liability under section 7 is greater than the Minister’s liability in respect of the new lessor, the Minister’s liability is deemed to be equal to the amount already paid.
Discontinuance of Capital Leasing Business 38 (1) A lessor that discontinues a capital leasing business and transfers all outstanding capital leases to another lessor shall notify the Minister in writing of the transfer. (2) After the transfer referred to in subsection (1), the
Minister is liable to pay to the transferee the amount of any eligible loss, calculated in accordance with subsection 44(7), sustained as a result of lessees’ defaults on all capital leases entered into by the lessor. (3) No other capital leases of the transferee that have been registered with the Minister in accordance with these Regulations shall be taken into account in determining the Minister’s liability.
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Transfer of Capital Leases Between Lessees Section 39
Transfer of Capital Leases Between Lessees 39 (1) When a capital lease is transferred by a lessee to another lessee, the Minister’s liability under section 7 in respect of the capital lease continues if (a) the lessor approves the transferee as the lessee in
accordance with the due diligence requirements referred to in section 19, and the aggregate outstanding balance in respect of the lessee or any related lessee or borrower does not exceed $250,000; (b) the security referred to in section 23 is maintained; (c) any additional security referred to in section 24 is maintained or replaced by other additional security of equal or greater value on the assets in accordance with that section; and (d) any guarantee or suretyship referred to in section
26 is maintained or replaced by another guarantee or suretyship of equal or greater value in accordance with that section. (2) Nothing in subsection (1) precludes the lessor from
releasing the lessee from their obligations under the capital lease. (3) When there is a change of partners in a partnership, the Minister’s liability under section 7 in respect of a capital lease continues if (a) in accordance with the due diligence requirements referred to in section 19, the lessor approves the fact that the new partner has assumed the obligations of the old partnership, and the aggregate outstanding balance in respect of the new partner or any related lessee or borrower does not exceed $250,000; and (b) the conditions set out in paragraphs (1)(b) to (d)
are met.
(4) When a partner leaves a partnership and is not being replaced, the Minister’s liability under section 7 in respect of a capital lease continues if (a) in accordance with the due diligence requirements referred to in section 19, the lessor approves the fact that the remaining partners have assumed the obligations of the new partnership; and
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Transfer of Capital Leases Between Lessees Sections 39-43
(b) the conditions set out in paragraphs (1)(b) to (d)
are met. SOR/2006-272, s. 6(E).
Reporting Requirements 40 A lessor shall provide to the Minister, before June 1
in each year, a detailed report on all capital leases outstanding with that lessor as at March 31 in the year of the report, including the following information for each capital lease registered with the Minister in accordance with these Regulations: (a) the registration number assigned to the capital lease by the Minister; (b) the lessee’s name; and (c) the outstanding balance of the capital lease as at March 31 in that year. 41 If the lessor does not provide a report in accordance
with section 40, the Minister is not liable after the day on which the report was due, for any loss sustained as a result of a lessee’s default on a capital lease for which the information specified in any of paragraphs 40(a) to (c) was not provided.
Default 42 For the purposes of these Regulations and subject to
section 21, the outstanding balance of a capital lease becomes due and payable and the lessee is in default as of the day on which the lessee fails to comply with any material condition of the capital lease.
Procedure on Default 43 (1) If a lessee is in default under section 42, and the default has not been corrected to the satisfaction of the lessor, the lessor shall give the lessee notice of the default in writing and demand that the lessee comply with the condition of the capital lease within the period specified in the notice. (2) If the lessee fails to comply with the condition within the period specified, the lessor shall formally demand payment of the outstanding balance of a capital lease within the period specified in the demand.
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Procedure on Default Sections 43-44
(3) If the outstanding balance of a capital lease is not
paid within the period specified, the lessor shall take any of the following measures to minimize the loss sustained as a result of a lessee’s default on the capital lease or that will maximize the amount recovered: (a) collect the outstanding balance of the capital lease; (b) fully realize any security, guarantee or suretyship; (c) realize on any insurance policy under which the
lessor is the beneficiary; (d) fully implement a compromise settlement with the
lessee or with a guarantor or surety or any other person on behalf of the lessee, guarantor or surety; and (e) subject to subsection (4), take legal proceedings,
including the enforcement of any resulting judgment, if the estimated cost of the proceedings does not exceed the estimated amount that may be recovered.
(4) If the lessee is a sole proprietor or a partnership, the lessor may execute a judgment by realizing on the assets of the sole proprietor or partners, other than the assets of the small business in respect of which the capital lease is entered into, in an amount no greater than the aggregate of (a) 25% of the total financing amount of the capital
lease, (b) interest on the judgment, (c) taxed costs for, or incidental to, the legal proceedings against the lessee, and (d) legal fees and disbursements, other than costs referred to in paragraph (c), and other costs incurred by the lessor for services rendered by persons other than the lessor’s employees for the purpose of legal proceedings against the lessee. SOR/2006-272, s. 7(F).
Claims Procedure 44 (1) A lessor shall take all of the measures described
in subsection 43(3) that are applicable before submitting a claim to the Minister for loss sustained as a result of a lessee’s default on a capital lease.
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Claims Procedure Section 44
(2) Subject to subsection (3), a lessor shall submit a
claim for loss within 36 months after the expiry of the period specified in the notice referred to in subsection 43(1). (3) The Minister is authorized to extend the period referred to in subsection (2) if the lessor so requests before the expiry of the period. (4) A claim for loss shall be certified by the lessor and shall be accompanied by (a) a copy of the capital lease, any amendments to the capital lease as a result of improvements to the equipment and other documentation substantiating the total financing amount of the capital lease; (b) a copy of any document in respect of the net amount received by the lessor from any disposition of the equipment under subparagraph (7)(b)(i); (c) a copy of a statement of account in respect of the
capital lease; and (d) a copy of the capital lease approval and administration files held by the lessor, if requested by the Minister. (5) A claim for loss shall include the lessor’s acknowledgement that the lessor has acted in accordance with the due diligence requirements referred to in section 19 when entering into and administering the capital lease and has taken the measures against the lessee required by subsection (1). (6) A claim for loss shall include all documents that evidence the registration or publication of any rights or interests in respect of the capital lease. (7) An eligible loss sustained by a lessor shall be calculated as follows: (a) by determining the aggregate of the following amounts, namely, (i) the outstanding balance of the capital lease on
the expiry of the period specified in the notice referred to in subsection 43(1), (ii) the amount of interest calculated in accordance
with subsection (10), (iii) uncollected taxed costs for, or incidental to, any legal proceedings in respect of the capital lease, and
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Claims Procedure Section 44
(iv) legal fees and disbursements, other than costs referred to in subparagraph (iii), and other costs incurred by the lessor for services rendered by persons other than the lessor’s employees, for the purpose of collecting the outstanding balance of the capital lease from the lessee or the guarantor or surety; and (b) by deducting from the aggregate amount the aggregate of the following amounts, namely, (i) the greater of the residual value of the equipment set out in the registration form referred to in subsection 12(1), or the net amount received by the lessor on any sale or other disposition or on any capital lease of the equipment, (ii) any other proceeds realized from the taking of any measures described in subsection 43(3), and (iii) any amount paid by the lessor to a secured creditor, if the secured creditor has any security interest or rights in the equipment financed by the capital lease, and the security interest or rights rank ahead of the lessor’s security interest or rights.
(8) If a lessor enters into a new capital lease with another lessee, of equipment that was already the subject of a capital lease, the net amount received by the lessor referred to in subparagraph (7)(b)(i) shall be calculated by determining the aggregate of the following amounts, namely, (a) any down payment made by the lessee, and (b) the present value of the outstanding balance of the
new capital lease, calculated in accordance with subsection (9). (9) The present value of the outstanding balance of the new capital lease referred to in paragraph 8(b) shall be calculated at an annual imputed rate of interest and be determined by the formula (A - B) - C + D
where A
is equal to the annual imputed rate of interest used in the calculation of the scheduled payments in respect of the original capital lease;
B
is equal to the rate of interest on Government of Canada bonds in effect on the day the original capital lease was entered into;
C
is equal to 1.25%, being the rate of the administration fee referred to in subsection 14(2); and
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Claims Procedure Sections 44-45
D
is equal to the rate of interest on Government of Canada bonds in effect on the day the new capital lease is entered into.
(10) The amount of interest referred to in subparagraph
(7)(a)(ii) shall be calculated on the outstanding balance, taking into consideration any proceeds realized from the taking of any measures described in subsection 43(3), as follows: (a) in respect of the period beginning on the day of default and ending on the expiry of the period specified in the notice referred to in subsection 43(1), at the annual imputed rate of interest used to calculate the scheduled payments in respect of a capital lease; (b) in respect of the six-month period immediately after the period referred to in paragraph (a), at the annual imputed rate of interest used to calculate the scheduled payments in respect of a capital lease on the first day of the six-month period; (c) in respect of the six-month period immediately after the period referred to in paragraph (b), at a rate of interest equal to one half of the rate of interest referred to in that paragraph; and (d) in respect of the 24-month period immediately after the period referred to in paragraph (c), at a rate of interest of 0%. (11) If the total financing amount of a capital lease referred to in subparagraph 12(1)(d)(i) is not equal to the total financing amount set out in the capital lease, the eligible loss calculated in accordance with subsection (7) shall be calculated on the portion of the capital lease that was registered with the Minister in accordance with these Regulations. SOR/2006-272, s. 8.
Interim Claims Procedure 45 (1) A lessor may make an interim claim to the Minister for loss, calculated in accordance with subsection 44(7), sustained as a result of a lessee’s default on a capital lease, if the lessor has taken all of the measures described in subsection 43(3) that are applicable and either (a) paragraph 43(3)(b) applies but the guarantee or suretyship has not been fully realized; or (b) paragraph 43(3)(d) applies but the compromise settlement has not been fully implemented.
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Interim Claims Procedure Sections 45-47
(2) The Minister shall pay the interim claim as if the
lessor had fully realized the guarantee or suretyship at the time the interim claim was made or fully implemented the compromise settlement. (3) Subsections 44(2) to (11) apply, with such modifications as the circumstances require, to an interim claim. (4) If, after the interim claim is paid, the lessor, by realizing the guarantee or suretyship or fully implementing the compromise settlement, recovers 100% of the guarantee or suretyship or compromise settlement, the lessor shall so notify the Minister and the interim claim is deemed to be a final claim. (5) If, after the interim claim is paid, the lessor, by realizing the guarantee or suretyship or fully implementing the compromise settlement, recovers less than 100% of the guarantee or suretyship or compromise settlement, the lessor may make a final claim under section 44 for the difference.
Subrogation 46 If the Minister pays a lessor for loss sustained as a result of a lessee’s default on a capital lease, Her Majesty is subrogated, from the payment of the final claim, to the rights of the lessor, up to the amount paid by the Minister.
Audit or Examination 47 (1) The Minister may, after giving at least 21 days notice in writing to a lessor, conduct an audit or examination of the lessor’s documents, records and books of account to verify that these Regulations are being complied with in respect of a capital lease, including that the lessor has acted in accordance with the due diligence requirements referred to in section 19 in respect of the approval and administration of the capital lease and that the documents submitted to the Minister in respect of the lessor are accurate and complete. (2) The Minister is authorized to designate persons to carry out audits or examinations under these Regulations. A person designated by the Minister may, at any reasonable time, consult the lessor’s documents, records and books of account in respect of a capital lease.
(3) Every lessor shall, for the purpose of an audit or examination under these Regulations, give all reasonable assistance to any person designated by the Minister to carry out the audit or examination, provide access to all
Current to June 20, 2022 Last amended on November 2, 2006
Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations Audit or Examination Sections 47-50
relevant sites, answer, orally or in writing, all questions relating to the subject-matter of the audit or examination and provide all information and documents in their possession and all copies required for the purpose of the audit or examination. The designated person shall not remove the documents or copies from the relevant sites without the permission of the lessor. (4) The Minister shall provide the lessor with a copy of the report of the audit or examination within 21 days after the report is completed. (5) If a lessor refuses or intentionally fails to comply with any requirement of this section, the Minister may notify the lessor in writing that the Minister is not liable under these Regulations to make any payment to the lessor for any loss sustained as a result of a lessee’s default on any capital lease entered into by the lessor. SOR/2006-272, s. 9(E).
Evaluation of Regulations 48 The Minister may request the lessor or the lessee to
provide any information or documentation related to the capital lease for the purpose of evaluating these Regulations.
Cessation of Effect 49 These Regulations shall cease to have effect on April
1, 2007.
Coming into Force 50 (1) Subject to subsection (2), these Regulations come
into force on April 1, 2002. (2) The definition lessor in subsection 1(1), and sections
17 and 18 come into force on the day on which these Regulations are registered.
Current to June 20, 2022 Last amended on November 2, 2006
|
CONSOLIDATION
Canada Oil and Gas Operations Regulations
SOR/83-149
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 Oil and Gas Operations on Canada Lands 1
Short Title
Interpretation
Operating Licence
Work Authorization
Reporting of Spills SCHEDULE
Current to June 20, 2022
ii
Registration SOR/83-149 February 4, 1983
CANADA OIL AND GAS OPERATIONS ACT
Canada Oil and Gas Operations Regulations
P.C. 1983-334
February 3, 1983
Whereas a copy of the proposed Canada Oil and Gas Operations Regulations was published in the Canada Gazette Part I on May 8, 1982 and a reasonable opportunity was thereby afforded to interested persons to make representations with respect thereto. Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, the Minister of Indian Affairs and Northern Development and the Treasury Board, pursuant to section 12 of the Oil and Gas Production and Conservation Act, is pleased hereby to make the annexed Regulations respecting oil and gas operations on Canada lands.
Current to June 20, 2022
Regulations Respecting Oil and Gas Operations on Canada Lands
Short Title 1 These Regulations may be cited as the Canada Oil and Gas Operations Regulations.
Interpretation 2 In these Regulations,
Act means the Oil and Gas Production and Conservation Act; (Loi) operating licence means a licence issued pursuant to section 3.2 of the Act. (licence d’opération)
Operating Licence 3 (1) An application for an operating licence may be
made by (a) an individual who is 18 years of age or over; (b) a corporation that is registered with the Registrar of Companies pursuant to the Companies Ordinance of the Northwest Territories; and (c) a corporation that is entitled to carry on business in any province. (2) Every application for an operating licence shall (a) be in writing; (b) contain the name and address of the applicant; (c) be forwarded to the Chief Conservation Officer;
and (d) be accompanied by a fee of $25 made payable to
the Receiver General. 4 No person shall assign or transfer an operating licence
and any purported assignment or transfer of an operating licence is void.
Current to June 20, 2022
Canada Oil and Gas Operations Regulations Work Authorization Sections 5-6
Work Authorization 5 No holder of an operating licence shall carry out any
geotechnical or engineering feasibility program, environmental study, geophysical or geological program, diving program or other work or activity that is required by the Act to be authorized unless (a) that work or activity is expressly authorized pursuant to regulations made under the Act; or (b) the holder has obtained a written authorization
pursuant to paragraph 3.2(1)(b) of the Act. SOR/88-350, s. 1.
Reporting of Spills 6 Any person who, pursuant to subsection 19.1(2) of the Act, reports a spill shall do so by informing the Chief Conservation Officer forthwith of the circumstances and relevant details of the spill by the most rapid and practical means.
Current to June 20, 2022
Canada Oil and Gas Operations Regulations SCHEDULE
SCHEDULE [Revoked, SOR/88-350, s. 2]
Current to June 20, 2022
|
CONSOLIDATION
CCRFTA Rules of Origin for Casual Goods Regulations
SOR/2002-396
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 CCRFTA Rules of Origin for Casual Goods Regulations 1
Interpretation
Casual Goods
*3
Coming into Force
Current to June 20, 2022
ii
Registration SOR/2002-396
October 31, 2002
CUSTOMS TARIFF CCRFTA Rules Regulations P.C. 2002-1860
of
Origin
for
Casual
Goods
October 31, 2002
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subparagraph 16(2)(a)(i)a of the Customs Tariffb, hereby makes the annexed CCRFTA 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
CCRFTA 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 Costa Rica are deemed to originate in Costa Rica and are entitled to the benefit of the Costa Rica Tariff if (a) the marking of the goods is in accordance with the
marking laws of Costa Rica and indicates that the goods are the product of Costa Rica 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 Costa Rica or Canada.
Coming into Force 3 These Regulations come into force on the day on which subsection 34(1) of the Canada-Costa Rica Free Trade Agreement Implementation Act, chapter 28 of the Statutes of Canada, 2001, comes into force. *
* [Note: Regulations in force November 1, 2002, see SI/ 2002-146.]
Current to June 20, 2022
|
CONSOLIDATION
Critical Habitat of the Northern Riffleshell (Epioblasma torulosa rangiana) Order
SOR/2019-327
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 Riffleshell (Epioblasma torulosa rangiana) Order 1
Application
Coming into force
Current to June 20, 2022
ii
Registration SOR/2019-327
September 11, 2019
SPECIES AT RISK ACT Critical Habitat of the Northern (Epioblasma torulosa rangiana) Order
Riffleshell
Whereas the Northern Riffleshell (Epioblasma torulosa rangiana) 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 Northern Riffleshell (Epioblasma torulosa rangiana) Order. Ottawa, September 6, 2019
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 Northern Riffleshell (Epioblasma torulosa rangiana) Order
Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Northern Riffleshell (Epioblasma torulosa rangiana), 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
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations
SOR/2022-18
Current to June 20, 2022 Last amended on February 27, 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 February 27, 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 February 27, 2022
TABLE OF PROVISIONS Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations
Interpretation 1
Definitions
Words and expressions
Application 3
Application
PART 1
COVID-19 Medical Devices 4
Application
Issuance
Research ethics board approval
Terms and conditions
Prohibition
Suspension
Additional information and material
Discontinuance
Discretionary revocation
Labelling
Incident reporting
Records
Distribution records
Complaint handling
Documented procedures
Information — recall
PART 2
COVID-19 Drugs 20
Application
Issuance
Additional information prior to clinical trial
Current to June 20, 2022 Last amended on February 27, 2022
ii
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations TABLE OF PROVISIONS
Terms and conditions
Prohibition
Prohibition — import
Prohibition — import and sale
Marketed drugs
Good clinical practices
Suspension
Additional information and material
Discontinuance
Discretionary revocation
Labelling
Serious unexpected adverse drug reaction
Records
PART 3
General 36
Remote written informed consent
PART 4
Other Clinical Trials 37
Exemption — certain drugs
Exemption — positron-emitting radiopharmaceuticals
Exemption — natural health products
Exemption — medical devices
Suspension — deemed holder
PART 5
Transitional Provisions 42
Definition of Interim Order No. 2
Applications
Authorizations
Approval — research ethics board
Terms and conditions
Amendment applications
Amended authorization
Suspension
Request — additional information and material
Discontinuance
Current to June 20, 2022 Last amended on February 27, 2022
iv
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations TABLE OF PROVISIONS
Revocation in part
PART 6
Consequential Amendments, Related Amendments and Coming into Force Consequential Amendments Certificate of Supplementary Protection Regulations Regulations Amending Certain Regulations Concerning Drugs and Medical Devices (Shortages)
Related Amendments Food and Drug Regulations Natural Health Products Regulations
Coming into Force *57
Registration
Current to June 20, 2022 Last amended on February 27, 2022
v
Registration SOR/2022-18 February 11, 2022
FOOD AND DRUGS ACT PATENT ACT Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations P.C. 2022-100
February 10, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of Health with respect to the provisions of the annexed Regulations other than sections 53 and 54, and on the recommendation of the Minister of Health and the Minister of Industry with respect to those sections 53 and 54, makes the annexed Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations pursuant to (a) section 30a of the Food and Drugs Actb; and (b) subsection 134(1)c of the Patent Actd.
a
S.C. 2021, c. 7, s. 9
b
R.S., c. F-27
c
S.C. 2018, c. 27, s. 199
d
R.S., c. P-4
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations
Interpretation Definitions 1 The following definitions apply in these Regulations.
Act means the Food and Drugs Act. (Loi) COVID-19 means the coronavirus disease 2019. (COVID-19) COVID-19 drug means a drug for human use that is manufactured, sold or represented for use in relation to COVID-19. (drogue utilisée en lien avec la COVID-19) COVID-19 drug authorization means an authorization to do any of the following activities: (a) import or sell a COVID-19 drug that is to be tested
in a clinical trial; (b) conduct a clinical trial in respect of such a drug.
(autorisation relative à une drogue utilisée en lien avec la COVID-19) COVID-19 medical device means a medical device that is manufactured, sold or represented for use in relation to COVID-19. (instrument médical utilisé en lien avec la COVID-19) COVID-19 medical device authorization means an authorization to do any of the following activities: (a) import or sell a COVID-19 medical device that is to be tested in a clinical trial; (b) conduct a clinical trial in respect of such a device.
(autorisation relative à un instrument médical utilisé en lien avec la COVID-19) incident means any incident that involves a COVID-19 medical device tested in a clinical trial and that (a) is related to a failure of the device or a deterioration in its quality or effectiveness or any inadequacy in its labelling or its directions for use; or (b) has led to the death or a serious deterioration in the state of health of a clinical trial subject, user or
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations Interpretation Sections 1-3
other person or could do so were it to recur. (incident) qualified investigator means a person who is a member in good standing of a professional association of persons entitled under the laws of a province to provide health care under their licence in that province and who (a) conducts a clinical trial; or (b) in the case of a clinical trial conducted by a team,
is the responsible leader of that team. (chercheur compétent) research ethics board means a body that is not affiliated with an applicant for a COVID-19 medical device authorization or a COVID-19 drug authorization, or a holder of such an authorization, and whose principal mandate is to approve the initiation of, and conduct periodic reviews of, biomedical research involving human subjects in order to ensure the protection of their rights, safety and well-being. (comité d’éthique de la recherche) Words and expressions 2 (1) Unless the context requires otherwise, words and
expressions used in these Regulations have the same meaning as in the Medical Devices Regulations and the Food and Drug Regulations, as applicable. Definition of clinical trial (2) However, clinical trial has the same meaning as in
section 2 of the Act, except as otherwise provided.
Application Application 3 (1) These Regulations apply to the importation and
sale of a COVID-19 medical device, other than a Class I device, that is to be tested in a clinical trial, to the importation and sale of a COVID-19 drug, other than a drug that is described in Schedule C to the Act, that is to be tested in a clinical trial and to the conduct of a clinical trial in respect of such a device or drug. Non-application — COVID-19 medical device (2) The Medical Devices Regulations, other than sections 6 and 7 and Schedule 1, do not apply to the importation or sale of a COVID-19 medical device that is to be tested in a clinical trial or to the conduct of a clinical trial in respect of such a device if a COVID-19 medical device authorization has been issued for that device and the authorization has not been revoked in whole.
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations Application Sections 3-4
Non-application — COVID-19 drug (3) The following regulations do not apply to the importation or sale of a COVID-19 drug that is to be tested in a clinical trial or to the conduct of a clinical trial in respect of such a drug if a COVID-19 drug authorization has been issued for that drug and the authorization has not been revoked in whole: (a) the Food and Drug Regulations, other than sections A.01.022 to A.01.024, A.01.026, A.01.041, A.01.042, A.01.050, A.01.067, A.01.068, C.01.015, C.01.036, C.01.037 to C.01.040, C.01.040.2, C.01.051, C.01.064 to C.01.067, C.01.070, C.01.131, C.01.133 to C.01.136 and C.01.435 and Divisions 2 and 4 of Part C; and (b) the Blood Regulations.
PART 1
COVID-19 Medical Devices Application 4 (1) An application for a COVID-19 medical device authorization must be submitted to the Minister in the form and manner specified by the Minister. Content (2) The application must contain sufficient information
and material to enable the Minister to determine whether to issue the authorization and must include the following: (a) the name and contact information of the applicant
and, if applicable, the importer; (b) the name and class of the device; (c) a description of the device and of the materials
used in its manufacture and packaging; (d) a description of the features of the device that permit it to be used for the medical conditions, purposes and uses for which it is manufactured, sold or represented, including its performance specifications if those specifications are necessary for proper use;
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Section 4
(e) the identifier of the device, including the identifier
of any medical device that is part of a system, test kit, medical device group, medical device family or medical device group family; (f) the name and contact information of the manufacturer as they appear on the device label; (g) the address where the device is manufactured, if the address is different from the one provided in the contact information under paragraph (f); (h) the diagnosis, treatment, mitigation or prevention
for which the device is required; (i) a list of the countries other than Canada where the
device has been sold, the total number of units sold in those countries and a summary of any reported problems with the device and of any recalls of the device in those countries; (j) the known information in relation to the quality, safety and effectiveness of the device; (k) the directions for use, unless directions are not required for the device to be used safely and effectively; (l) an attestation by the applicant that documented
procedures are in place in respect of distribution records, complaint handling, incident reporting and recalls; (m) a copy of the label of the device; (n) the name of the qualified investigator and their
qualifications, including their training and experience; (o) the name and contact information of the institution at which the clinical trial is proposed to be conducted; (p) the protocol of the proposed clinical trial, including the number of clinical trial subjects, the number of units of the device proposed to be used for the clinical trial, the hypothesis for and objective of the clinical trial, the period of time during which the clinical trial will be conducted and a copy of the informed consent form; (q) a written undertaking from the qualified investigator to (i) conduct the clinical trial in accordance with the
protocol provided by the applicant, (ii) inform each clinical trial subject of any risks
and benefits associated with the use of the device
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Sections 4-6
and obtain the subject’s informed consent for its use, and (iii) not permit the device to be used by any other person except under the direction of the qualified investigator; and (r) in the case of a Class III or IV device, for each clinical trial site, the name and contact information of the research ethics board that approved the protocol and informed consent form referred to in paragraph (p), if known at the time of submitting the application.
Class II devices (3) Despite subsection (2), if the application for the authorization is in respect of a COVID-19 medical device that is a Class II device, the information and material set out in paragraphs (2)(c), (h) to (j), (n) and (q) may be omitted from the application.
Issuance 5 The Minister must issue a COVID-19 medical device
authorization if the following requirements are met: (a) the applicant has submitted to the Minister an application that meets the requirements set out in section 4; (b) the applicant has submitted to the Minister any
additional information or material requested under subsection 10(1) in the time, form and manner specified under subsection 10(2); and (c) the Minister determines that (i) the use of the device that is to be tested in the
clinical trial will not unduly affect the health or safety of clinical trial subjects, users or other persons, (ii) the clinical trial is not contrary to the best interests of clinical trial subjects, and (iii) the objectives of the clinical trial are achievable. Research ethics board approval 6 A holder of a COVID-19 medical device authorization must not import or sell a COVID-19 medical device for which the authorization has been issued or conduct a clinical trial in respect of such a device unless the holder has obtained, for each clinical trial site, the approval of a research ethics board in respect of the protocol and informed consent form referred to in paragraph 4(2)(p).
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Sections 6-9
Terms and conditions 7 The Minister may, at any time, impose terms and conditions on a COVID-19 medical device authorization or amend those terms and conditions.
Prohibition 8 (1) Subject to subsection (2), if the substance of any of the information or material referred to in paragraphs 4(2)(a) to (d), (f), (h), (j), (k) and (p) and, if applicable, submitted under subsection 10(1) is significantly different from the substance of the information or material contained in the application for a COVID-19 medical device authorization, (a) the conduct of the clinical trial referred to in the authorization that is issued as a result of that application is no longer authorized for the purposes of section 3.1 of the Act; and (b) the holder of the authorization must not import or
sell the COVID-19 medical device for which the authorization was issued. Amendment (2) Subsection (1) does not apply if (a) the holder of the COVID-19 medical device authorization has submitted to the Minister an application to amend the authorization; (b) the Minister determines that the requirements set
out in subparagraphs 5(c)(i) to (iii) are met; (c) the holder has submitted to the Minister any additional information or material requested under subsection 10(1) in the time, form and manner specified under subsection 10(2); and (d) the Minister amends the authorization.
Suspension 9 (1) The Minister may suspend, in whole or in part, a
COVID-19 medical device authorization by notice, giving reasons, if (a) the Minister determines that any of the requirements set out in subparagraphs 5(c)(i) to (iii) is no longer met; (b) the holder of the authorization has not submitted to the Minister any additional information or material
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Sections 9-12
requested under subsection 10(1) in the time, form and manner specified under subsection 10(2); or (c) the holder of the authorization has contravened
these Regulations or any provisions of the Act relating to the device. Reinstatement (2) The Minister must reinstate a COVID-19 medical device authorization if the holder of the authorization submits to the Minister, in the time, form and manner specified by the Minister, information or material that demonstrates that the situation giving rise to the suspension did not exist or has been corrected. Additional information and material 10 (1) The Minister may request that an applicant for a
COVID-19 medical device authorization or a holder of such an authorization submit any additional information or material, including samples, that is necessary to enable the Minister to determine whether to issue, amend or suspend the authorization.
Time, form and manner (2) The applicant or holder must submit the information
or material in the time, form and manner specified by the Minister. Discontinuance 11 If a holder of a COVID-19 medical device authorization discontinues, in whole or in part, the clinical trial for which the authorization has been issued, the holder must, without delay, (a) notify the Minister, in writing, of the discontinuance and the reasons for it; (b) inform all qualified investigators, in writing, of the discontinuance and the reasons for it and advise them, in writing, of any potential risks to the health of clinical trial subjects, users or other persons; and (c) in respect of each clinical trial site at which the trial is discontinued, stop the importation or sale of the device as of the date of the discontinuance and take all reasonable measures to ensure the recovery of all unused quantities of the device that have been sold.
Discretionary revocation 12 (1) The Minister may revoke, in whole or in part, a
COVID-19 medical device authorization by notice, giving reasons, if the holder of the authorization has not
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Sections 12-13
submitted to the Minister, in the time, form and manner specified by the Minister, the information or material referred to in subsection 9(2). Mandatory revocation (2) The Minister must revoke, in whole or in part, the authorization if the Minister has received a notice of discontinuance referred to in paragraph 11(a).
Labelling 13 (1) A person must not import or sell a medical device
for which a COVID-19 medical device authorization has been issued or conduct a clinical trial in respect of such a device unless the device has a label that sets out the following information: (a) the name of the device; (b) the name and contact information of the manufacturer; (c) the identifier of the device, including the identifier of any medical device that is part of a system, test kit, medical device group, medical device family or device group family; (d) in the case of a Class III or IV device, the control number; (e) if the contents are not readily apparent, an indication of what the package contains, expressed in terms appropriate to the device, such as the size, net weight, length, volume or number of units; (f) a statement indicating that the device is sterile, if the device is to be sold in a sterile condition; (g) the expiry date of the device, if applicable; (h) the medical conditions, purposes and uses for which the device is manufactured, sold or represented, including its performance specifications if those specifications are necessary for proper use; (i) the directions for use, unless directions are not required for the device to be used safely and effectively; (j) any special storage conditions applicable to the device; (k) a statement indicating that the device is an investigational device; (l) a statement indicating that the device is to be used
by qualified investigators only; and
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Sections 13-16
(m) in the case of an in vitro diagnostic device, a
statement indicating that the performance specifications of the device have not been established.
Presentation of information (2) The information required by subsection (1) to be set out on the label must be in English and in French.
Incident reporting 14 A holder of a COVID-19 medical device authorization must, within 10 days after becoming aware of an incident inside or outside Canada involving a COVID-19 medical device for which the authorization has been issued, report the incident to the Minister and specify the nature of the incident and the circumstances surrounding it.
Records 15 (1) A holder of a COVID-19 medical device authorization must record, handle and store all information in respect of the clinical trial for which the authorization has been issued in a manner that allows for the complete and accurate reporting as well as the interpretation and verification of the information.
Content (2) The holder of the authorization must maintain complete and accurate records, which include the information and material referred to in subsection 4(2), in respect of a COVID-19 medical device for which the authorization has been issued in order to establish that the clinical trial is conducted in accordance with these Regulations. Retention period (3) The holder of the authorization must retain all
records for the period during which the authorization has not been revoked in whole. Distribution records 16 (1) A holder of a COVID-19 medical device authorization must maintain a distribution record in respect of each device that is imported or sold under the authorization or tested in a clinical trial under the authorization.
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Sections 16-19
Withdrawal (2) The distribution record must contain sufficient information to permit complete and rapid withdrawal of the COVID-19 medical device for which the authorization has been issued.
Retention period (3) The holder — or former holder, in the case of an authorization that has been revoked in whole — of the authorization must retain the distribution record for the longer of (a) the projected useful life of the device, and (b) two years after the date on which the holder took possession, care or control of the device in Canada.
Timely retrieval (4) Distribution records must be maintained in a manner that will allow their timely retrieval.
Complaint handling 17 A holder of a COVID-19 medical device authorization must, in respect of a COVID-19 medical device for which the authorization has been issued, maintain records of the following: (a) any reported problems relating to the performance
characteristics or safety of the device that are received by the holder after the device was first sold in Canada; and (b) all actions taken by the holder in response to those problems.
Documented procedures 18 A holder of a COVID-19 medical device authorization must, in respect of a COVID-19 medical device for which the authorization has been issued, establish and implement documented procedures that will enable the holder to carry out (a) an effective and timely investigation of the problems referred to in paragraph 17(a); and (b) an effective and timely recall of the device.
Information — recall 19 (1) A holder of a COVID-19 medical device authorization must, on or before recalling a COVID-19 medical device for which the authorization has been issued, provide the Minister with the following:
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Section 19
(a) the name of the device and its identifier, including
the identifier of any medical device that is part of a system, test kit, medical device group, medical device family or medical device group family; (b) the name and contact information of the manufacturer and, if applicable, the importer, as well as the name and contact information of the establishment where the device was manufactured, if different from that of the manufacturer; (c) the reason for the recall, the nature of the defectiveness or possible defectiveness and the date on and circumstances under which it was discovered; (d) an evaluation of the risk associated with the defectiveness or possible defectiveness; (e) the number of affected units of the device that
were manufactured or sold in Canada or imported into Canada; (f) the period during which the affected units of the
device were sold in Canada; (g) the name of each person to whom the affected device was sold and the number of units sold to each person; (h) a copy of any communication issued with respect to the recall; (i) the proposed strategy for conducting the recall, including the date for beginning the recall, information as to how and when the Minister will be informed of the progress of the recall and the proposed date for its completion; (j) the proposed action to prevent a recurrence of the
problem; and (k) the name, title and telephone number of the representative of the holder of the authorization to contact for any information concerning the recall.
Information — after completion of recall (2) The holder of the authorization must, as soon as feasible after the completion of the recall, prepare and submit to the Minister a report on (a) the results of the recall; and
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 1 COVID-19 Medical Devices Sections 19-20
(b) the action taken to prevent a recurrence of the
problem. Submission on holder’s behalf (3) Despite subsections (1) and (2), the holder of the authorization may permit the importer of the COVID-19 medical device to prepare and submit, on the holder’s behalf, the information and material required under those subsections if the importer has the same information and material.
Notice to Minister (4) The holder of the authorization must notify the Minister, in writing, if the holder has permitted the importer to prepare and submit the information and material with respect to the recall on the holder’s behalf.
PART 2
COVID-19 Drugs Application 20 (1) An application for a COVID-19 drug authorization must be signed and dated by the applicant’s senior medical or scientific officer in Canada and their senior executive officer and must be submitted to the Minister in the form and manner specified by the Minister.
Content (2) The application must contain sufficient information
and material to enable the Minister to determine whether to issue the authorization and must include the following: (a) the protocol of the proposed clinical trial; (b) a copy of the statement, as it will be set out in each
informed consent form, that states the risks and anticipated benefits arising to the health of clinical trial subjects as a result of their participation in the clinical trial; (c) a clinical trial attestation containing (i) the title of the protocol and the clinical trial
number, (ii) the brand name, chemical name or code for the
drug,
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Section 20
(iii) the therapeutic and pharmacological classifications of the drug, (iv) the medicinal ingredients of the drug, (v) the non-medicinal ingredients of the drug, (vi) the dosage form of the drug, (vii) the name and contact information of the applicant, (viii) if the drug is to be imported, the name and contact information of the applicant’s representative in Canada who is responsible for the sale of the drug, (ix) for each clinical trial site, the name and contact information of the qualified investigator, if known at the time of submitting the application, (x) for each clinical trial site, the name and contact information of the research ethics board that approved the protocol referred to in paragraph (a) and the informed consent form containing the statement referred to in paragraph (b), if known at the time of submitting the application, and (xi) a statement that (A) the clinical trial will be conducted in accordance with good clinical practices and these Regulations, and (B) all information and material contained in, or referenced by, the application is complete and accurate and is not false or misleading; (d) the name and contact information of any research
ethics board that has previously refused to approve the protocol referred to in paragraph (a), its reasons for doing so and the date on which the refusal was given, if known at the time of submitting the application; (e) the physical, chemical and pharmaceutical properties of the drug; (f) the pharmacological aspects of the drug, including its metabolites in all animal species tested; (g) the pharmacokinetics of the drug and the drug metabolism, including the biological transformation of the drug in all animal species tested; (h) any toxicological effects of the drug in any animal
species tested under a single dose study, a repeated dose study or a special study;
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Section 20
(i) any results of carcinogenicity studies in any animal
species tested in respect of the drug; (j) any results of clinical pharmacokinetic studies of the drug; (k) any of the following information that was obtained
from previous clinical trials in humans in respect of the drug; (i) safety, (ii) pharmacodynamics, (iii) efficacy, and (iv) dose responses; (l) if the drug contains a human-sourced excipient, including any used in the placebo, (i) in the case where the excipient has been assigned a drug identification number under subsection C.01.014.2(1) of the Food and Drug Regulations or, in the case of a new drug, has been issued a notice of compliance under subsection C.08.004(1) of those Regulations, a statement to that effect, or (ii) in any other case, sufficient information to support the identity, purity, potency, stability and safety of the excipient; (m) if the drug has not been assigned a drug identification number under subsection C.01.014.2(1) of the Food and Drug Regulations or, in the case of a new drug, a notice of compliance has not been issued under section C.08.004 or C.08.004.01 of those Regulations, the chemistry and manufacturing information in respect of the drug, including its site of manufacture; and (n) the proposed date for the commencement of the
clinical trial at each clinical trial site, if known at the time of submitting the application.
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Sections 20-22
Marketed drug (3) If the application for the authorization is in respect of a COVID-19 drug that meets the requirements of paragraphs 27(a) to (c), the application must also contain (a) a copy of the label of the drug; and (b) information demonstrating that the proposed use of the drug is consistent with the standard of medical practice.
Issuance 21 The Minister must issue a COVID-19 drug authorization if the following requirements are met: (a) the applicant has submitted to the Minister an application that meets the requirements set out in section 20; (b) the applicant has submitted to the Minister any
additional information or material requested under subsection 30(1) in the time, form and manner specified under subsection 30(2); and (c) the Minister determines that (i) the use of the drug that is to be tested in the clinical trial will not unduly affect the health or safety of clinical trial subjects or other persons, (ii) the clinical trial is not contrary to the best interests of clinical trial subjects, and (iii) the objectives of the clinical trial are achievable.
Additional information prior to clinical trial 22 A holder of a COVID-19 drug authorization must not import or sell a COVID-19 drug for which the authorization has been issued or conduct a clinical trial in respect of such a drug unless the holder has (a) for each clinical trial site, obtained the approval of
a research ethics board in respect of the protocol referred to in paragraph 20(2)(a) and the informed consent form that contains the statement referred to in paragraph 20(2)(b); and (b) submitted to the Minister the information and material referred to in subparagraphs 20(2)(c)(ix) and (x) and paragraphs 20(2)(d) and (n), if it was not submitted at the time of submitting the application.
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Sections 23-24
Terms and conditions 23 The Minister may, at any time, impose terms and
conditions on a COVID-19 drug authorization or amend those terms and conditions. Prohibition 24 (1) Subject to subsection (2), if the substance of any
of the information or material referred to in paragraph 20(2)(a) or (m) is significantly different from the substance of the information or material contained in the application for a COVID-19 drug authorization, (a) the conduct of the clinical trial referred to in the
authorization that is issued as a result of that application is no longer authorized for the purposes of section 3.1 of the Act; and (b) the holder of the authorization must not import or sell the COVID-19 drug for which the authorization was issued.
Amendment (2) Subsection (1) does not apply if (a) the holder of the COVID-19 drug authorization has submitted to the Minister an application to amend the authorization; (b) for each clinical trial site, the holder has obtained
the approval of a research ethics board in respect of the protocol referred to in paragraph 20(2)(a) and the informed consent form that contains the statement referred to in paragraph 20(2)(b); (c) the holder has submitted to the Minister the information and material referred to in subparagraphs 20(2)(c)(ix) and (x) and paragraphs 20(2)(d) and (n), if it was not submitted at the time of submitting the application; (d) the Minister determines that the requirements set out in subparagraphs 21(c)(i) to (iii) are met; (e) the holder has submitted to the Minister any additional information or material requested under subsection 30(1) in the time, form and manner specified under subsection 30(2); and (f) the Minister amends the authorization.
Immediate change (3) Despite subsections (1) and (2), if an immediate change is required to be made to the substance of any of the information or material referred to in paragraph 20(2)(a) or (m) because the clinical trial or the use of the
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Sections 24-28
COVID-19 drug that is tested in the clinical trial endangers the health of a clinical trial subject or other person, the holder of the authorization may immediately make the change. Immediate change — application to amend (4) The holder of the authorization must, within 15 days after making the change referred to in subsection (3), submit the application referred to in subsection (2) to amend the authorization.
Prohibition — import 25 A holder of a COVID-19 drug authorization must not
import a COVID-19 drug for which the authorization has been issued if the sale of the drug would constitute a violation of the Act. Prohibition — import and sale 26 A holder of a COVID-19 drug authorization must not import or sell a COVID-19 drug for which the authorization has been issued unless the holder has a representative in Canada who is responsible for the sale of the drug.
Marketed drugs 27 Paragraphs 20(2)(e) to (l), section 33 and paragraphs 35(2)(a) to (c) do not apply to a COVID-19 drug for which a COVID-19 drug authorization has been issued if (a) the use of the drug is consistent with the standard of medical practice; (b) the drug has been issued a notice of compliance under subsection C.08.004(1) of the Food and Drug Regulations or has been assigned a drug identification number under subsection C.01.014.2(1) of those Regulations; and (c) the clinical trial for which the authorization has been issued is in respect of a purpose or condition of use other than that for which the notice of compliance was issued or drug identification number was assigned.
Good clinical practices 28 A holder of a COVID-19 drug authorization must ensure that the clinical trial for which the authorization has been issued is conducted in accordance with good clinical practices and, without limiting the generality of the foregoing, must ensure that (a) the clinical trial is scientifically sound and clearly
described in the protocol;
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Sections 28-29
(b) the clinical trial is conducted, and the drug is used,
in accordance with the protocol and these Regulations; (c) systems and procedures that assure the quality of
every aspect of the clinical trial are implemented; (d) for each clinical trial site, the approval of a research ethics board is obtained before the clinical trial begins; (e) at each clinical trial site, there is no more than one qualified investigator; (f) at each clinical trial site, medical care and medical
decisions, in respect of the clinical trial, are under the supervision of a health care professional who is authorized to provide medical care and make medical decisions; (g) each person who is involved in the conduct of the
clinical trial is qualified by education, training and experience to perform their respective tasks; (h) informed consent, given in accordance with the applicable laws governing consent, is obtained from every person before they participate in the clinical trial, but only after that person has been informed of (i) the risks and anticipated benefits to their health
arising from participation in the clinical trial, and (ii) all other aspects of the clinical trial that are
necessary for that person to make the decision to participate in the clinical trial; and (i) the drug is manufactured, handled and stored in accordance with the applicable good manufacturing practices referred to in Divisions 2 and 4 of Part C of the Food and Drug Regulations, with the exception of sections C.02.019, C.02.025 and C.02.026 of those Regulations.
Suspension 29 (1) The Minister may suspend, in whole or in part, a
COVID-19 drug authorization by notice, giving reasons, if (a) the Minister determines that any of the requirements set out in subparagraphs 21(c)(i) to (iii) is no longer met; (b) the holder of the authorization has not submitted to the Minister any additional information or material requested under subsection 30(1) in the time, form and manner specified under subsection 30(2); or
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Sections 29-32
(c) the holder of the authorization has contravened
these Regulations or any provisions of the Act relating to the drug. Reinstatement (2) The Minister must reinstate a COVID-19 drug authorization if the holder of the authorization submits to the Minister, in the time, form and manner specified by the Minister, information or material that demonstrates that the situation giving rise to the suspension did not exist or has been corrected.
Additional information and material 30 (1) The Minister may request that an applicant for a
COVID-19 drug authorization or a holder of such an authorization submit any additional information or material, including samples, that is necessary to enable the Minister to determine whether to issue, amend or suspend the authorization.
Time, form and manner (2) The applicant or holder must submit the information
or material in the time, form and manner specified by the Minister. Discontinuance 31 If a holder of a COVID-19 drug authorization discontinues, in whole or in part, the clinical trial for which the authorization has been issued, the holder must, without delay, (a) notify the Minister, in writing, of the discontinuance and the reasons for it; (b) inform all qualified investigators, in writing, of the
discontinuance and the reasons for it and advise them, in writing, of any potential risks to the health of clinical trial subjects or other persons; and (c) in respect of each clinical trial site at which the trial is discontinued, stop the importation or sale of the drug as of the date of the discontinuance and take all reasonable measures to ensure the recovery of all unused quantities of the drug that have been sold. Discretionary revocation 32 (1) The Minister may revoke, in whole or in part, a
COVID-19 drug authorization by notice, giving reasons, if the holder of the authorization has not submitted to the Minister, in the time, form and manner specified by the Minister, the information or material referred to in subsection 29(2).
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Sections 32-35
Mandatory revocation (2) The Minister must revoke, in whole or in part, the
authorization if the Minister has received a notice of discontinuance referred to in paragraph 31(a). Labelling 33 (1) A person must not import or sell a COVID-19 drug for which a COVID-19 drug authorization has been issued or conduct a clinical trial in respect of such a drug unless the drug has a label that sets out the following information: (a) a statement indicating that the drug is an investigational drug to be used only by a qualified investigator; (b) the name, number or identifying mark of the drug; (c) the expiration date of the drug; (d) the recommended storage conditions for the drug; (e) the lot number of the drug; (f) the name and contact information of the holder of the authorization; and (g) the protocol code or identification.
Presentation of information (2) The information required by subsection (1) to be set out on the label must be in English and in French.
Serious unexpected adverse drug reaction 34 A holder of a COVID-19 drug authorization must inform the Minister of any serious unexpected adverse drug reaction that has occurred inside or outside Canada, in respect of the COVID-19 drug that is tested in the clinical trial, as follows: (a) within 15 days after becoming aware of the reaction, if it is neither fatal nor life-threatening; and (b) within seven days after becoming aware of the reaction, if it is fatal or life-threatening.
Records 35 (1) A holder of a COVID-19 drug authorization must record, handle and store all information in respect of the clinical trial for which the authorization has been issued in a manner that allows for the complete and accurate
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Section 35
reporting as well as the interpretation and verification of the information.
Content (2) The holder of the authorization must maintain complete and accurate records, which include the following, in respect of a COVID-19 drug for which the authorization has been issued in order to establish that the clinical trial is conducted in accordance with good clinical practices and these Regulations: (a) the information and material referred to in paragraphs 20(2)(e) to (k); (b) records respecting each change made to the information and material referred to in paragraph (a), the rationale for each change and documentation that supports each change; (c) records respecting all adverse events in respect of the drug that have occurred inside or outside Canada, including the indication for use and the dosage form of the drug at the time of the adverse event; (d) in respect of a drug that meets the requirements of
paragraphs 27(a) to (c), records respecting any serious unexpected adverse drug reaction that has occurred inside or outside Canada; (e) records respecting the enrolment of clinical trial subjects, including information that allows all subjects to be identified and contacted in the event that the sale of the drug may endanger the health of the subjects or other persons; (f) records respecting the shipment, receipt, disposition, return and destruction of the drug; (g) for each clinical trial site, an undertaking, signed
and dated by the qualified investigator prior to the commencement of their responsibilities in respect of the clinical trial stating that (i) the qualified investigator will conduct the clinical trial in accordance with good clinical practices, and (ii) the qualified investigator will immediately, on
discontinuance of the clinical trial, in whole or in part, by the holder, inform both the clinical trial subjects and the research ethics board of the discontinuance, provide them with the reasons for the discontinuance and advise them, in writing, of any potential risks to the health of subjects or other persons;
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 2 COVID-19 Drugs Sections 35-36
(h) for each clinical trial site, a copy of the protocol,
informed consent form and any amendment to the protocol or informed consent form that have been approved by a research ethics board for that site; and (i) for each clinical trial site, an attestation, signed and dated by a research ethics board, stating that it has reviewed and approved the protocol and informed consent form and that the board carries out its functions in a manner consistent with good clinical practices.
Retention period (3) The holder — or former holder, in the case of an authorization that has been revoked in whole — of the authorization must retain all records referred to in subsection (2) for a period of 15 years.
PART 3
General Remote written informed consent 36 (1) If a qualified investigator is not able to obtain, in person, the written informed consent of a person to participate in a clinical trial in respect of a COVID-19 medical device for which a COVID-19 medical device authorization has been issued or a COVID-19 drug for which a COVID-19 drug authorization has been issued, the qualified investigator may obtain the written informed consent remotely.
Non-written informed consent (2) In the case where the person is not able to provide
their written informed consent, the qualified investigator may obtain their non-written informed consent if the following conditions are met: (a) the qualified investigator reads the contents of the
informed consent form to the person; (b) the person provides their informed consent before
a witness; and (c) an attestation by the witness that the person has provided their informed consent is provided to the qualified investigator as soon as feasible.
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 4 Other Clinical Trials Sections 37-39
PART 4
Other Clinical Trials Exemption — certain drugs 37 (1) A person that is authorized under Division 5 of
Part C of the Food and Drug Regulations to sell or import a drug for the purposes of a clinical trial — and any other person that conducts the clinical trial — is, in respect of the clinical trial, exempt from section 3.1 of the Act. Clarification — suspension and cancellation (2) For greater certainty, the exemption does not apply (a) if the authorization to sell or import the drug is suspended in its entirety; or (b) in respect of the conduct of the clinical trial at a
clinical trial site, if the authorization to sell or import the drug is suspended or cancelled in respect of that site. Definition of clinical trial (3) In this section, clinical trial has the same meaning as in section C.05.001 of the Food and Drug Regulations.
Exemption — positron-emitting radiopharmaceuticals 38 (1) A person that is authorized under Division 3 of
Part C of the Food and Drug Regulations to sell or import a positron-emitting radiopharmaceutical for the purposes of a study — and any other person that conducts the study — is, in respect of the study, exempt from section 3.1 of the Act. Clarification — suspension and cancellation (2) For greater certainty, the exemption does not apply (a) if the authorization to sell or import the radiopharmaceutical is suspended in its entirety; or (b) in respect of the conduct of the study at a study
site, if the authorization to sell or import the radiopharmaceutical is suspended or cancelled in respect of that site. Exemption — natural health products 39 (1) A person that is authorized under Part 4 of the Natural Health Products Regulations to sell or import a natural health product for the purposes of a clinical trial — and any other person that conducts the clinical trial —
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 4 Other Clinical Trials Sections 39-41
is, in respect of the clinical trial, exempt from section 3.1 of the Act. Clarification — suspension and cancellation (2) For greater certainty, the exemption does not apply (a) if the authorization to sell or import the natural health product is suspended in its entirety; or (b) in respect of the conduct of the clinical trial at a
clinical trial site, if the authorization to sell or import the natural health product is suspended or cancelled in respect of that site. Definitions (3) The following definitions apply in this section.
clinical trial has the same meaning as in section 63 of the Natural Health Products Regulations. (essai clinique) natural health product has the same meaning as in subsection 1(1) of the Natural Health Products Regulations. (produit de santé naturel) Exemption — medical devices 40 (1) A person that is authorized under Part 3 of the Medical Devices Regulations to sell a medical device for investigational testing — and any person that conducts the testing of the device — is, in respect of the testing, exempt from section 3.1 of the Act.
Exception (2) The exemption does not apply in respect of any person to whom the medical device can no longer be sold as a result of a measure taken by the Minister under subsection 85(2) of the Medical Devices Regulations.
Suspension — deemed holder 41 (1) An authorization to conduct a clinical trial in respect of a drug is suspended if (a) the holder is deemed to hold the authorization under any of sections 180 to 182 of the Budget Implementation Act, 2019, No. 1; and (b) the holder’s authorization to sell or import the
drug for the purposes of the clinical trial is suspended under (i) section C.03.317, C.05.016 or C.05.017 of the Food and Drug Regulations, or
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 4 Other Clinical Trials Sections 41-43
(ii) section 80 or 81 of the Natural Health Products Regulations.
Reinstatement (2) An authorization that is suspended under subsection
(1) is reinstated if the authorization referred to in paragraph (1)(b) is reinstated. Revocation — deemed holder (3) An authorization to conduct a clinical trial in respect of a drug or medical device is revoked if (a) the holder is deemed to hold the authorization under any of sections 180 to 183 of the Budget Implementation Act, 2019, No. 1; and (b) the holder’s authorization to sell or import the
drug or device for the purposes of the clinical trial is cancelled (i) in the case of a drug, under (A) section C.03.319 or paragraph C.05.016(4)(b)
or C.05.017(3)(b) of the Food and Drug Regulations, or (B) paragraph 82(b) of the Natural Health Products Regulations, and (ii) in the case of a device, under paragraph 85(2)(b) of the Medical Devices Regulations.
Partial suspensions or revocations (4) If the authorization referred to in paragraph (1)(b) or (3)(b) is only partially suspended or cancelled, the authorization to conduct the clinical trial is suspended or revoked to the same extent.
PART 5
Transitional Provisions Definition of Interim Order No. 2 42 In sections 43 to 52, Interim Order No. 2 means the
Interim Order No. 2 Respecting Clinical Trials for Medical Devices and Drugs Relating to COVID-19, made by the Minister on May 3, 2021, and published in Part I of the Canada Gazette on May 22, 2021. Applications 43 An application for a COVID-19 medical device authorization or a COVID-19 drug authorization that was
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 5 Transitional Provisions Sections 43-47
submitted to the Minister under Interim Order No. 2 before the day on which this section comes into force and in respect of which no decision has been made before that day is deemed to be an application for a COVID-19 medical device authorization or a COVID-19 drug authorization submitted under these Regulations.
Authorizations 44 A COVID-19 medical device authorization or a
COVID-19 drug authorization that was issued or reinstated by the Minister under Interim Order No. 2 before the day on which this section comes into force and that has not been revoked in whole before that day is deemed to be a COVID-19 medical device authorization or a COVID-19 drug authorization issued or reinstated under these Regulations.
Approval — research ethics board 45 Any approval of a research ethics board that was obtained by a holder of a COVID-19 medical device authorization or a holder of a COVID-19 drug authorization under Interim Order No. 2 before the day on which this section comes into force is deemed to be an approval of the research ethics board obtained by the holder of a COVID-19 medical device authorization or the holder of a COVID-19 drug authorization under these Regulations.
Terms and conditions 46 Any terms and conditions that were imposed on a COVID-19 medical device authorization or a COVID-19 drug authorization by the Minister under Interim Order No. 2 before the day on which this section comes into force are deemed to be terms and conditions imposed on the COVID-19 medical device authorization or the COVID-19 drug authorization under these Regulations.
Amendment applications 47 An application to amend a COVID-19 medical device
authorization or a COVID-19 drug authorization that was submitted to the Minister under Interim Order No. 2 before the day on which this section comes into force and in respect of which no decision has been made before that day is deemed to be an application to amend a COVID-19
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 5 Transitional Provisions Sections 47-51
medical device authorization or a COVID-19 drug authorization submitted under these Regulations.
Amended authorization 48 A COVID-19 medical device authorization or a COVID-19 drug authorization that was amended by the Minister under Interim Order No. 2 before the day on which this section comes into force and that has not been revoked in whole before that day is deemed to be a COVID-19 medical device authorization or a COVID-19 drug authorization amended to the same extent under these Regulations.
Suspension 49 A COVID-19 medical device authorization or a
COVID-19 drug authorization that was suspended in whole or in part by the Minister under Interim Order No. 2 before the day on which this section comes into force and that has not been revoked in whole before that day is deemed to be a COVID-19 medical device authorization or a COVID-19 drug authorization suspended in whole or in part to the same extent under these Regulations.
Request — additional information and material 50 A request for additional information or material, including samples, that was made by the Minister under Interim Order No. 2 before the day on which this section comes into force is deemed to be a request for additional information or material under these Regulations.
Discontinuance 51 A notice of discontinuance provided to the Minister,
or information in respect of discontinuance provided in writing to a qualified investigator, by the holder of a COVID-19 medical device authorization or a COVID-19 drug authorization under Interim Order No. 2 before the day on which this section comes into force is deemed to be a notice of discontinuance or information provided under these Regulations.
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 5 Transitional Provisions Sections 52-56
Revocation in part 52 A COVID-19 medical device authorization or a
COVID-19 drug authorization that was revoked in part by the Minister under Interim Order No. 2 before the day on which this section comes into force and that has not been revoked in whole before that day is deemed to be a COVID-19 medical device authorization or a COVID-19 drug authorization revoked in part to the same extent under these Regulations.
PART 6
Consequential Amendments, Related Amendments and Coming into Force Consequential Amendments Certificate of Supplementary Protection Regulations 53 [Amendments]
Regulations Amending Certain Regulations Concerning Drugs and Medical Devices (Shortages) 54 [Amendments]
Related Amendments Food and Drug Regulations 55 [Amendments]
Natural Health Products Regulations 56 [Amendments]
Current to June 20, 2022 Last amended on February 27, 2022
Clinical Trials for Medical Devices and Drugs Relating to COVID-19 Regulations PART 6 Consequential Amendments, Related Amendments and Coming into Force Coming into Force Section 57
Coming into Force Registration 57 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.
*
Cessation of effect of interim order (2) Sections 1 to 53 come into force on the day following the day on which the Interim Order No. 2 Respecting Clinical Trials for Medical Devices and Drugs Relating to COVID-19, made by the Minister on May 3, 2021, and published in the Part I of the Canada Gazette on May 22, 2021, ceases to have effect. *
[Note: Sections 1 to 53 in force February 27, 2022.]
Current to June 20, 2022 Last amended on February 27, 2022
|
CONSOLIDATION
Defence Materiel Loan or Transfer for Test and Evaluation Regulations
C.R.C., c. 691
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 Under Section 52 of the Financial Administration Act Respecting Loans or Transfers of Defence Materiel for Test and Evaluation Purposes
Short Title
Interpretation
Authorization
Report
Current to June 20, 2022
ii
CHAPTER 691
FINANCIAL ADMINISTRATION ACT Defence Materiel Loan or Transfer for Test and Evaluation Regulations
Regulations Under Section 52 of the Financial Administration Act Respecting Loans or Transfers of Defence Materiel for Test and Evaluation Purposes
Short Title 1 These Regulations may be cited as the Defence Materiel Loan or Transfer for Test and Evaluation Regulations.
Interpretation 2 In these Regulations,
materiel means all movable public property, other than money, provided for the Canadian Forces or the Defence Research Board or for any other purpose under the National Defence Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided; (matériel) loan means materiel given to another country on condition of its return; (prêt) Minister means the Minister of National Defence; (ministre) transfer means the granting of all right, title and interest in and to materiel to another country. (transfert)
Authorization 3 The Minister, where he considers that the Canadian Forces and national defence would benefit, is authorized (a) to lend or transfer materiel for test and evaluation purposes, subject to the following conditions:
Current to June 20, 2022
Defence Materiel Loan or Transfer for Test and Evaluation Regulations Authorization Sections 3-4
(i) all loans or transfers of materiel under these Regulations shall be restricted to friendly countries, (ii) all transfers of materiel shall be restricted to consumable items and such other items as are to be tested to destruction, (iii) all loans or transfers of materiel under these Regulations shall be made gratuitously to the recipient country, unless the Minister decides otherwise; (b) to accept gratuitously or otherwise material loaned or transferred by friendly countries for test and evaluation purposes; (c) to pay from public fund such incidental costs as he
may consider appropriate, in respect of all or any loans or transfers, including the acceptance thereof, made pursuant to these Regulations; and (d) to enter into agreements to give effect to the foregoing, the said agreements to contain such other terms and conditions as he may consider appropriate.
Report 4 The Minister shall report annually to the Treasury
Board any major item such as a vessel or an aircraft or any item valued at more than $25,000 that has been on loan to a friendly government for more than one year or that has been transferred.
Current to June 20, 2022
|
CONSOLIDATION
Diplomatic Service (Special) Superannuation Regulations, 1988
SOR/88-485
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 Carrying into Effect of the Diplomatic Service (Special) Superannuation Act 1
Short Title
Interpretation
Election
Basis of Computation
Increased Instalments
Documentation
Current to June 20, 2022
ii
Registration SOR/88-485 September 15, 1988
DIPLOMATIC SERVICE (SPECIAL) SUPERANNUATION ACT Diplomatic Service Regulations, 1988 P.C. 1988-2024
(Special)
Superannuation
September 15, 1988
Her Excellency the Governor General in Council, on the recommendation of the Treasury Board, pursuant to subsection 6(5) and section 16 of the Diplomatic Service (Special) Superannuation Act, is pleased hereby to revoke the Diplomatic Service (Special) Superannuation Regulations, C.R.C., c. 555, and to make the annexed Regulations respecting the carrying into effect of the Diplomatic Service (Special) Superannuation Act, in substitution therefor.
Current to June 20, 2022
Regulations Respecting the Carrying into Effect of the Diplomatic Service (Special) Superannuation Act
Short Title 1 These Regulations may be cited as the Diplomatic Service (Special) Superannuation Regulations, 1988.
Interpretation 2 In these Regulations,
Act means the Diplomatic Service (Special) Superannuation Act; (Loi) Minister means the President of the Treasury Board. (ministre)
Election 3 An election made by a Public Official pursuant to subsection 6(1) of the Act shall be in writing, dated and signed by the Public Official and a witness, and forwarded to the Minister within the period set out in that subsection for the making of the election.
Basis of Computation 4 An instalment provided for in subsection 6(5) of the Act shall be computed on the basis of the Canadian Life Table No. 2 (1941), Males or Females, as the case may be, in the Life Tables for Canada and Regions, 1941 and 1931, published in 1947 by the Dominion Bureau of Statistics of the Department of Trade and Commerce, with interest at the rate of four per cent per annum.
Increased Instalments 5 Where a Public Official makes a contribution by instalments pursuant to subsection 6(5) of the Act, the Public Official may, at any time, have the amount of the instalments increased.
Documentation 6 Where a Public Official is entitled to payment of a pension under the Act and either the Public Official has not made an election pursuant to section 8 of the Act or the
Current to June 20, 2022
Diplomatic Service (Special) Superannuation Regulations, 1988 Documentation Sections 6-8
spouse of the Public Official is deceased, the Public Official shall, on request by the Minister, submit to the Minister (a) the birth certificate of the Public Official; and (b) if the Public Official retired by reason of permanent infirmity, the certificate of infirmity issued by a qualified medical practitioner. 7 Where a Public Official and the spouse of the Public
Official are entitled to the payment of a pension under the Act, the Public Official shall, on request by the Minister, submit to the Minister, in addition to the certificates referred to in paragraphs 6(a) and (b), the marriage certificate of the Public Official and the spouse. 8 Where the surviving spouse of a deceased Public Official is entitled to the payment of a pension under the Act, the spouse shall, on request by the Minister, submit to the Minister (a) the marriage certificate of the Public Official and
the spouse; and (b) proof of the death of the Public Official.
Current to June 20, 2022
|
CONSOLIDATION
Divestiture of Service Transitional Coverage Regulations
SOR/98-446
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 Divestiture of Service Transitional Coverage Regulations 1
Interpretation
Maximum Period
Condition
Coming into Force
Current to June 20, 2022
ii
Registration SOR/98-446 August 28, 1998
PUBLIC SERVICE SUPERANNUATION ACT FINANCIAL ADMINISTRATION ACT Divestiture of Regulations T.B. 826504
Service
Transitional
Coverage
August 25, 1998
The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(v.5)a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Divestiture of Service Transitional Coverage Regulations.
a
S.C. 1996, c. 18, s. 35
Current to June 20, 2022
Divestiture of Service Transitional Coverage Regulations
Interpretation 1 The definitions in this section apply in these Regulations. Act means the Public Service Superannuation Act. (Loi) person or body means a person or body to whom the administration of a service is transferred or otherwise divested under subsection 40.1(1) of the Act. (cessionnaire)
Maximum Period 2 For the purpose of paragraph 40.1(2)(a) of the Act, the
maximum period during which a person or body may form part of the Public Service is three years. SOR/2001-213, s. 1.
Condition 3 As a condition of remaining part of the Public Service
in accordance with a direction of Treasury Board made under paragraph 40.1(2)(a) of the Act, a person or body shall make monthly payments into the Superannuation Account or the Public Service Pension Fund of the amounts determined in accordance with section 9 of the Public Service Superannuation Regulations. SOR/2001-213, s. 2.
Coming into Force 4 These Regulations come into force on August 28, 1998.
Current to June 20, 2022
|
CONSOLIDATION
Development Tax and Redevelopment Tax Grant Regulations
C.R.C., c. 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 Regulations Respecting Payments in Lieu of Development and Redevelopment Taxes on Federal Property 1
Short Title
Interpretation
Grants
Application
Current to June 20, 2022
ii
CHAPTER 322
APPROPRIATION ACT NO. 3, 1976 APPROPRIATION ACTS
Development Tax and Redevelopment Tax Grant Regulations
Regulations Respecting Payments in Lieu of Development and Redevelopment Taxes on Federal Property
Short Title 1 These Regulations may be cited as the Development
Tax and Redevelopment Tax Grant Regulations.
Interpretation 2 In these Regulations,
defined area means an area within a municipality in which a development tax or redevelopment tax is levied; (zone déterminée) development tax or redevelopment tax means a compulsory levy imposed by a municipality on real property situated within a defined area that is (a) payable by a taxable owner of real property by virtue of his ownership of such property or of specified actions undertaken by him to develop such property, (b) calculated by reference to all or part of the
frontage, area or other attribute of land or buildings of the owner, (c) assessed at a uniform rate upon owners of real
property liable to pay the tax, and (d) levied for the purpose of financing all or part of
the capital cost of the construction or reconstruction of a trunk or arterial road or any other capital service that has been, is being or will be carried out within the defined area,
Current to June 20, 2022
Development Tax and Redevelopment Tax Grant Regulations Interpretation Sections 2-5
but does not include a levy in respect of which payments by way of a grant may be made under section 4 or 6 of the Municipal Grants Act or a levy on real property paid to a municipality in the form of a land transfer or of cash in lieu thereof; (taxe d'aménagement ou de réaménagement) federal property means federal property as defined in subection 6(3) of the Municipal Grants Act; (propriété fédérale) other attribute of land or buildings includes the actual or estimated cost of construction on a site, the number of rooms, living units or beds or the number of persons in occupancy. (autre caractéristique des biens immeubles)
Grants 3 Subject to section 4, on receipt of an application from a municipality in a form prescribed by the Minister, the Minister may pay to the municipality, in respect of federal property, a grant in lieu of a development tax or redevelopment tax not exceeding the amount of tax that would be payable if federal property were taxable property. 4 The Minister may, in determining the amount of a grant payable to a municipality under these Regulations in respect of federal property within a defined area, deduct from the amount that would otherwise be payable an amount that, in the opinion of the Minister, is equal to the product of the total proceeds of the development tax or redevelopment tax in respect of that area multiplied by a fraction the denominator of which is the said total proceeds and the numerator of which is that portion of the said total proceeds that relates to the financing of services of a kind that the federal government, at its own expense, has carried out, is carrying out or plans to carry out.
Application 5 These Regulations apply in respect of a development tax or redevelopment tax on federal property that would, if the federal property were taxable property, have become due and payable on or after January 1, 1974.
Current to June 20, 2022
|
CONSOLIDATION
Disclosure of Charges (Authorized Foreign Banks) Regulations
SOR/99-278
Current to June 20, 2022 Last amended on February 12, 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 February 12, 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 February 12, 2009
TABLE OF PROVISIONS Disclosure of Charges (Authorized Foreign Banks) Regulations 1
Interpretation
Application
Personal Deposit Accounts
Deposit Accounts other than Personal Deposit Accounts
List of Charges
Coming into Force
Current to June 20, 2022 Last amended on February 12, 2009
ii
Registration SOR/99-278 June 23, 1999
BANK ACT Disclosure of Charges (Authorized Foreign Banks) Regulations P.C. 1999-1164
June 23, 1999
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 562a, 564 to 566a and 668b of the Bank Actc, hereby makes the annexed Disclosure of Charges (Authorized Foreign Banks) Regulations.
a
S.C. 1999, c. 28, s. 35(1)
b
S.C. 1999, c. 28, s. 64(1)
c
S.C. 1991, c. 46
Current to June 20, 2022 Last amended on February 12, 2009
Disclosure of Charges (Authorized Foreign Banks) Regulations
Interpretation 1 The following definitions apply in these Regulations.
controlled access automated teller machine means an automated teller machine located in a branch or a point of service of an authorized foreign bank, or in an enclosed area adjacent to a branch or a point of service of an authorized foreign bank, access to which is controlled by a system that permits entry to automated teller machine users. (guichet automatique à accès contrôlé) point of service means a physical location to which the public has access and at which an authorized foreign bank carries on business with the public and opens or initiates the opening of retail deposit accounts through natural persons in Canada. (point de service) SOR/2009-48, s. 1.
Application 2 These Regulations apply to an authorized foreign bank that is not subject to the restrictions and requirements referred to in subsection 524(2) of the Bank Act.
Personal Deposit Accounts 3 An authorized foreign bank shall disclose to its customers and to the public all charges applicable to personal deposit accounts with the authorized foreign bank by means of a written statement, copies of which shall be displayed and made available to customers and to the public at each of the authorized foreign bank’s branches where products and services are offered, at each of the authorized foreign bank’s points of service and on the authorized foreign bank’s websites through which products or services are offered in Canada. SOR/2009-48, s. 2.
4 Where an authorized foreign bank increases a charge
applicable to personal deposit accounts with the authorized foreign bank or introduces a new charge applicable to personal deposit accounts with the authorized foreign bank, the authorized foreign bank shall disclose the increase or new charge, as the case may be, to each customer in whose name such an account is kept
Current to June 20, 2022 Last amended on February 12, 2009
Disclosure of Charges (Authorized Foreign Banks) Regulations Personal Deposit Accounts Sections 4-5
(a) with respect to a customer to whom a statement of
account is provided, (i) by means of a notice in writing provided to the customer at least 30 days before the effective date of the increase or new charge, or (ii) where the customer has instructed the authorized foreign bank in writing to provide such a notice to another person, by means of a notice provided to that other person at least 30 days before the effective date of the increase or new charge; and (b) with respect to a customer to whom a statement of account is not provided (i) by means of a notice that is displayed, for a period of at least 60 days immediately before the effective date of the increase or new charge, at each branch of the authorized foreign bank where products or services are offered, at each of the authorized foreign bank’s points of service, at each controlled access automated teller machine on which the name of the authorized foreign bank or information identifying the machine with the authorized foreign bank is displayed and on the authorized foreign bank’s websites through which products or services are offered in Canada, and (ii) by means of a notice, electronic or otherwise,
advising customers of the increase or new charge and the manner in which further details can be obtained, which notice shall be provided, for a period of at least 60 days immediately before the effective date of the increase or new charge, at all automated teller machines, other than controlled access automated teller machines, on which the name of the authorized foreign bank or information identifying the machine with the authorized foreign bank is displayed. SOR/2009-48, s. 3.
Deposit Accounts other than Personal Deposit Accounts 5 (1) An authorized foreign bank shall disclose to its customers and to the public all charges applicable to any of the following services provided by the authorized foreign bank in respect of deposit accounts with the authorized foreign bank, other than personal deposit accounts, by means of a written statement, copies of which shall be displayed and made available to customers and to the public at each branch of the authorized foreign bank at
Current to June 20, 2022 Last amended on February 12, 2009
Disclosure of Charges (Authorized Foreign Banks) Regulations Deposit Accounts other than Personal Deposit Accounts Section 5
which deposit accounts are kept, at each of the authorized foreign bank’s points of service and on the authorized foreign bank’s websites through which products or services are offered in Canada: (a) acceptance of deposits; (b) acceptance of coins, cheques or Bank of Canada notes for deposit; (c) issuance of cheques; (d) certification of cheques; (e) handling of a cheque presented by a customer that is subsequently returned because there are not sufficient funds; (f) holding of cheques for deposit; (g) handling of cheques drawn in the currency of the
United States; (h) processing of a stop payment on a cheque; (i) handling of a cheque issued by a customer that is
subsequently returned because there are not sufficient funds; (j) supply of coins and Bank of Canada notes; (k) handling of overdrafts; (l) transfers between accounts; (m) supply of account statements; (n) handling of account confirmations; (o) conducting searches related to an account; (p) provision of information in regard to an account
balance; (q) closing of an account; and (r) handling of unclaimed balances in inactive accounts. (2) The written statement referred to in subsection (1) shall (a) indicate that the statement sets out all charges for
services provided by the authorized foreign bank in respect of deposit accounts with the authorized foreign bank other than personal deposit accounts; or
Current to June 20, 2022 Last amended on February 12, 2009
Disclosure of Charges (Authorized Foreign Banks) Regulations Deposit Accounts other than Personal Deposit Accounts Sections 5-8
(b) indicate that the statement does not set out all of
the charges referred to in paragraph (a) and set out the manner in which information regarding charges not included in the statement can be obtained. SOR/2009-48, s. 4.
6 Where an authorized foreign bank increases a charge
applicable to a service referred to in subsection 5(1), the authorized foreign bank shall disclose the increase (a) with respect to customers to whom a statement of account is provided, (i) by means of a notice in writing provided to the
customer at least 30 days before the effective date of the increase, or (ii) where the customer has instructed the authorized foreign bank in writing to provide such a notice to another person, by means of a notice in writing provided to that other person at least 30 days before the effective date of the increase; and (b) with respect to customers to whom a statement of
account is not provided, by means of a notice that is displayed for a period of at least 60 days immediately before the effective date of the increase at each branch of the authorized foreign bank where products or services are offered, at each of the authorized foreign bank’s points of service and on the authorized foreign bank’s websites through which products or services are offered in Canada. SOR/2009-48, s. 5.
7 Section 6 does not apply in respect of a customer who
has agreed in writing that the authorized foreign bank will charge an amount other than an amount required to be disclosed pursuant to subsection 5(1).
List of Charges 8 (1) An authorized foreign bank shall maintain, at each
of its branches where products or services are offered, at each of its points of service and on its websites through which products or services are offered in Canada, a list of the charges applicable to deposit accounts with the authorized foreign bank and the usual amount it charges for services it normally provides to its customers and to the public. (2) An authorized foreign bank shall, on request, make the list available to its customers and to the public for inspection during business hours at each of its branches and points of service referred to in subsection (1). SOR/2009-48, s. 6.
Current to June 20, 2022 Last amended on February 12, 2009
Disclosure of Charges (Authorized Foreign Banks) Regulations Coming into Force Section 9
Coming into Force 9 These Regulations come into force on June 28,
1999. Current to June 20, 2022 Last amended on February 12, 2009
Disclosure of Charges (Authorized Foreign Banks) Regulations AMENDMENTS NOT IN FORCE
AMENDMENTS NOT IN FORCE — SOR/2021-181, par. 122 (d) 122 The following Regulations are repealed: (d) the Disclosure of Charges (Authorized Foreign Banks) Regulations15;
SOR/99-278
Current to June 20, 2022 Last amended on February 12, 2009
|
CONSOLIDATION
Defence Services Pension Part V Regulations
SOR/55-416
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 — Defence Services Pension Act — Part V 1
Short Title and Application
Interpretation
Rates of Allowances
Contributions
Arrears of Contributions
Absence from Duty or Secondment
Service
Augmentation of Pension
Succession Duties
Reinstatement of Widow’s Pension
Administration
Payment of Pensions and Gratuities
Debit Balance
Permanent Services Pension Account
Payment of Arrears of Contributions during Pension Suspension
Payments Otherwise than by Monthly Instalments
Current to June 20, 2022
ii
Regulations — Defence Services Pension Act — Part V
Short Title and Application 1 These regulations are applicable only to Part V of the Defence Services Pension Act and may be cited as the Defence Services Pension Part V Regulations.
Interpretation 2 In these regulations,
Act means the Defence Services Pension Act; (Loi) a(f) Ultimate Table means the table so entitled appearing in the “Mortality of Annuitants 1900-1920” published on behalf of the Institute of Actuaries and The Faculty of Actuaries in Scotland, 1924; (a (f) Ultimate Table) annuity means an annuity, immediate or deferred, or annual allowance payable in accordance with the Public Service Superannuation Act; (rente viagère) gratuity means a payment of an amount equal to one month’s pay and allowances for each year of service, pursuant to the Act or pay regulations, or an equivalent benefit pursuant to the Civil Service Superannuation Act, the Public Service Superannuation Act, or the Royal Canadian Mounted Police Act; (gratification) Minister means the Minister of National Defence; (Ministre) Parts I to V means the respective Parts of the Act; (Parties I à V) pension means a pension granted, pursuant to Part V, to a person in respect of his service; (pension) pensioner means a person to whom a pension has been granted; and (pensionné) public service means all branches or portions of the public service of Canada to which the Public Service Superannuation Act is applicable. (service public)
Current to June 20, 2022
Defence Services Pension Part V Regulations Rates of Allowances Section 3
Rates of Allowances 3 The rates of allowances which shall constitute part of
pay and allowances for the purposes of Part V shall, according to the rank of the contributor, be the following monthly rates: Not in Receipt of Marriage Allowance
In Receipt of Marriage Allowance
—
$
$
Rear-Admiral............................................... Major-General............................................. Air Vice-Marshal..........................................
Commodore................................................. Brigadier...................................................... Air Commodore...........................................
Captain......................................................... Colonel......................................................... Group Captain.............................................
Commander................................................. Lieutenant-Colonel...................................... Wing Commander.......................................
Lieutenant-Commander.............................. Major ........................................................... Squadron Leader.........................................
Lieutenant.................................................... Captain......................................................... Flight Lieutenant.........................................
Sub-Lieutenant............................................ Lieutenant.................................................... Flying Officer...............................................
Acting Sub-Lieutenant and Naval Cadet... Second Lieutenant and Officer Cadet........ Pilot Officer and Flight Cadet.....................
Midshipman.................................................
Commissioned Officer (RCN).....................
Chief Petty Officer 1st Class....................... Warrant Officer Class 1 (Army and Air Force)...........................................................
Chief Petty Officer 2nd Class...................... Warrant Officer Class 2 (Army and Air Force)...........................................................
Petty Officer 1st Class................................. Staff Sergeant.............................................. Flight Sergeant............................................
Petty Officer 2nd Class................................ Sergeant.......................................................
Leading Seaman, Corporal and Ranks below............................................................
Current to June 20, 2022
Defence Services Pension Part V Regulations Contributions Sections 4-8
Contributions 4 Contributions by way of reservations from pay and allowances shall commence from the date on which a person becomes subject to Part V. 5 A person who makes contributions under Part V and is subsequently found not to be eligible to be a contributor under that Part shall have all such contributions repaid to him without interest.
Arrears of Contributions 6 For the purpose of computing interest on arrears of
contributions, pursuant to section 48 of the Act, the total pay and allowances received by a contributor during any fiscal year shall be deemed to have been received on the first day of October of that fiscal year. 7 The total amount of arrears of contributions payable pursuant to sections 48 and 56 of the Act, may be paid in instalments equivalent in value to the total amount of arrears, computed on the basis of the Canadian Life Table No. 2 (1941), Males or Females, as the case may be, with interest at the rate of four per centum per annum. 8 (1) A contributor or a former contributor in respect of
whom a periodic scheme of payment of arrears of contributions is in effect, may, at any time, elect to pay those areas in one sum or in instalments equivalent in value to the arrears, over a shorter period. (2) Where the amount of the arrears of contributions, as
verified by the service authorities, is greater than the amount set out in the provisional computation submitted by the contributor, the contributor may elect, but only once, to pay the unpaid portion of the verified arrears (a) if he has originally elected to pay the arrears in one sum, then either in one sum or in instalments equivalent in value to the total amount of arrears; or (b) if he has originally elected to pay the arrears by instalments, then by instalments equivalent in value to the total amount of the arrears, over a longer period, provided that (i) he has made his further election prior to acknowledging as correct the amount of the arrears, as verified by the service authorities, or
Current to June 20, 2022
Defence Services Pension Part V Regulations Arrears of Contributions Sections 8-11
(ii) he has, prior to the first day of September, 1950, acknowledged as correct the amount of the arrears, as verified by the service authorities. (3) Where, under this section, a contributor has elected
to pay arrears of contributions under a periodic scheme of payment, the required instalments shall be computed as prescribed by section 7 provided, however, that the amount of such instalments shall not be reduced more than five per centum of the amount elected to be paid in the provisional computation submitted by the contributor. 9 (1) The amount of contributions made by a contributor in respect of a period of service under any other Part of the Act, the Civil Service Superannuation Act, the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof), shall be transferred to the Permanent Services Pension Account and shall, if it constituted the full contribution required thereunder and no annuity, gratuity or other benefit has been paid in respect of that period of service, be deemed to be the appropriate contribution for that period for the purposes of Part V. (2) Where the contributions transferred to the Permanent Services Pension Account in accordance with subsection (1) do not constitute the full contributions required in respect of that period of service, the contributor shall pay the balance either in one sum or in instalments computed as prescribed by section 7. 10 A contributor who has service for which he made
contributions under any Part of the Act, the Civil Service Superannuation Act, the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof) and has been paid a benefit, in respect of that service, equal only to the amount of his total contributions may elect to count that service and the contributions required shall be the same as if section 11 were applicable. 11 (1) A contributor who had service for which he made contributions under any Part of the Act, the Civil Service Superannuation Act, the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof) and in respect of that service has been paid a gratuity, may elect to count the whole or any part of such service for the purpose of Part V. (2) In the event a contributor elects to count the whole period of service described in subsection (1), the contribution shall be an amount equal to the gratuity received
Current to June 20, 2022
Defence Services Pension Part V Regulations Arrears of Contributions Sections 11-13
by the contributor together with simple interest at four per centum per annum from the date of payment of the gratuity to the date of election to count that period of service. (3) In the event a contributor elects to count a part of the
period of service described in subsection (1), the contribution shall be that proportion of the total gratuity and interest of which the part elected is of the whole of the service. (4) The amount of the contributions required under this
section may be paid in one sum or in instalments computed as prescribed by section 7. 12 A contributor who immediately prior to becoming a
contributor under Part V has service in the forces as an officer appointed temporarily or under a commission for a fixed term, may have such service counted for the purpose of computing a pension or gratuity under Part V if (a) the amount of deferred pay at the rate of six per centum of the pay and of the allowances prescribed by section 3 withheld in accordance with the appropriate Pay and Allowance Regulations is transferred to the Permanent Services Pension Account as contributions for such service, and (b) the amount of any gratuity paid in respect of such
service under Pay and Allowance Regulations is refunded by the contributor.
13 (1) A contributor other than a contributor to whom section 12 applies who prior to becoming a contributor under Part V had service in the forces as an officer appointed temporarily or under a commission for a fixed term and who on termination of such services was paid under the appropriate Pay and Allowances Regulations an amount equal to the amount of the deferred pay deducted or a gratuity or both, may have such service counted for the purpose of computing a pension or gratuity under Part V if (a) he contributes the amount of deferred pay previously refunded to him, together with simple interest at four per centum per annum for the period from the date of refund of such deferred pay to the date of his election to count such service under subsection (4) of section 56 of the Act, and
Current to June 20, 2022
Defence Services Pension Part V Regulations Arrears of Contributions Sections 13-15
(b) the amount of any gratuity paid under the provision of Pay and Allowance Regulations is refunded to the Receiver General together with simple interest at four per centum per annum for the period from the date of payment to the date of election to count such service under the provisions of subsection (4) of section 56 of the Act.
(2) The payment required under subsection (1) may be made in one sum or in instalments as prescribed by section 7. 14 The rates of allowances in respect of a contributor
who, before or after the coming into force of this section, elected pursuant to subsection (1) of section 48 of the Act to contribute in respect of service described in subparagraph (iii) of paragraph (i) of subsection (1) of section 45 of the Act shall, for the purposes of subsection (2b) of section 48 of the Act, be those set out in section 3 in effect at the date of his election for the rank or ranks in the Canadian forces corresponding to the rank or ranks held by him during that service. SOR/60-79, s. 1.
15 (1) A contributor who pursuant to subsection (1) of section 48 of the Act elects to contribute in respect of service as described in subparagraphs (i) and (ii) of paragraph (i) of subsection (1) of section 45 of the Act shall for the purposes of Part V have his contributions, interest, pension and gratuity computed on the following emoluments: (a) in respect of time served in the civil service, subject to section 20, the same emoluments as those on which contributions would have been required to be made under the Civil Service Superannuation Act, or the Public Service Superannuation Act; (b) in respect of time served in the Royal Canadian Mounted Police, the same emoluments as those on which pension under the Royal Canadian Mounted Police Act would have been calculated had the contributor by reason of his service in the Royal Canadian Mounted Police, become eligible for a pension under the Royal Canadian Mounted Police Act; (c) in respect of time served on active service in the
naval, army or air forces of His Majesty raised in Canada during time of war the following and no other active service rates of pay and allowances: (i) in the case of service with the naval forces, pay
of rank or rating, command money, specialist pay,
Current to June 20, 2022
Defence Services Pension Part V Regulations Arrears of Contributions Section 15
non-substantive pay, staff pay and marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid; (ii) in the case of service with the army, pay of
rank, classified rates of pay, consolidated pay, command pay, trades pay, additional pay while extra regimentally employed and marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid; and (iii) in the case of service with the air force, either consolidated pay, classified rates of pay or pay of rank and group (excluding the difference between General List and Non-Flying rates of pay, when General List rates of pay were in issue), and command pay and headquarters pay and marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid.
(2) The amount of contributions required of a contributor in respect of service for which he elects under subsection (2a) of section 48 of the Act is as follows: (a) if he was a contributor immediately prior to the coming into force of this subsection, having served continuously in the forces from that date to the date of election, and the election is made within one year of the coming into force of this subsection; or (b) if he was a former contributor prior to the coming into force of this subsection to whom paragraph (a) did not apply and the election is made within one year of his first becoming a contributor subsequent to the coming into force of this subsection;
Current to June 20, 2022
Defence Services Pension Part V Regulations Arrears of Contributions Sections 15-17
the amount required is an amount equal to the amount he would be required to contribute had he elected under subsection (1) of section 48 of the Act, and (c) if he is not a contributor as described in paragraph (a) or (b) the amount required is an amount equal to that which he would have been required to contribute had he elected under subsection (1) of section 48 of the Act, but computed on his current rate of pay together with allowances set out in section 3 applicable to his rank.
(3) An election in respect of service for which a contributor might have elected to contribute, but for which he failed so to elect in the time prescribed therefor, is an election made under subsection (2a) of section 48 of the Act, notwithstanding that he may have been retired and re-enrolled subsequent to the failure to so elect. (4) Every medical examination required by subsection (6) of section 48 of the Act shall be undergone by the contributor required to be so examined (a) within such time before or after the making of the election by that contributor as the Minister prescribes; and (b) before a service medical officer or civilian medical
practitioner who shall examine him in accordance with the medical standards applicable to his employment and shall certify that the contributor has passed or not passed the medical examination. 16 (1) A contributor who, pursuant to subsection (1) of
section 48 of the Act, elects to contribute in respect of service as described in subparagraph (iv) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V be deemed to have received pay on a full-time basis for the rank or ranks held by him during that service at the basic rates for the equivalent rank or ranks prescribed by the relevant pay regulations, together with the allowances set out in section 3 for the equivalent rank or ranks held by him during that service in effect at the date of his election. (2) The contribution required for such service shall be one-fourth of the contribution which would have been required if the whole of such service might be counted. 17 (1) A contributor who had officer status under
Parts I to IV at the date of his election to become a contributor under Part V and who pursuant to
Current to June 20, 2022
Defence Services Pension Part V Regulations Arrears of Contributions Sections 17-18
subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act had service which may be counted as service under any other Part of the Act shall at the date of retirement have fulfilled the conditions required under paragraph (e) of section 7 or subparagraph (ii) of paragraph (e) of section 36 or subparagraph (iii) of paragraph (d) of section 40 of the Act as applicable, in order that such service may be counted as half-time. (2) A contributor who elects to count service as described in subsection (1) shall contribute for such service on the basis that it may count as half-time rather than one-quarter time in anticipation of his fulfillment of the conditions described in subsection (1). (3) In the event that at date of retirement a contributor
has not fulfilled the conditions of subsection (1), he shall be entitled to a refund of contributions equal to the difference between the amount he contributed and the amount he should have contributed were such service to count as one-quarter time. (4) This section applies to every contributor who at any time elected to become a contributor under Part V on or before the thirty-first day of December, 1950, notwithstanding that his election may have been made prior to the coming into force of this section. 18 (1) A contributor who, pursuant to subsection (1) of
section 48 of the Act, elects to contribute in respect of service as described in subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V have his contributions and interest computed (a) in respect of service described in paragraph (e) of
section 7, subparagraph (ii) of paragraph (e) of section 36 and subparagraph (iii) of paragraph (d) of section 40 of the Act, (i) the pay for the rank or ranks held by him during that service at the basic rates prescribed by the relevant regulations together with allowances set out in section 3 for the rank or ranks held by him during that service at the date of his election, (ii) the contribution, required for one-half of that service shall be one-half of the contribution which would be required if the whole of that service might be counted and the contribution required for any part of that service less than one-half thereof, shall be that proportion of the said contribution for the
Current to June 20, 2022
Defence Services Pension Part V Regulations Arrears of Contributions Sections 18-21
said one-half which the said part is of the said onehalf; (b) in respect of service in the “force” or “forces” as defined in Parts I, II and III, such of the pay, and allowances in money or in kind, as were paid to or on behalf of the contributor during his said service upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III; and (c) in respect of the service referred to in paragraph (f) of section 7, and paragraph (f) of subsection (3) of section 13 of the Act, the pay and allowances payable to or on behalf of the contributor for that service. 19 A contributor who had service in the forces as described in subsection (2) of section 56 of the Act shall for the purposes of Part V have his pension contributions for that service calculated on the pay and allowances which were payable in money or in kind to or on behalf of the contributor during that service and upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III.
20 The contribution required for the period during which a contributor under the Civil Service Superannuation Act, or the Public Service Superannuation Act was absent on leave from the civil service or the public service on active or full-time service in Her Majesty’s forces shall be computed on the pay and allowances payable to the contributor during the period of that service.
Absence from Duty or Secondment 21 (1) Subject to subsections (6) and (7), a contributor
who, before or after the coming into force of this subsection, was absent from duty in the naval, army or air forces of Canada for any purpose, including absence on leave without pay and allowances or secondment without pay and allowances, shall, whether or not he was a contributor at the time of such absence, contribute, in respect of such period of absence by making payments in accordance with subsection (2), and such period of absence shall be counted as service for the purposes of computing a pension or gratuity.
Current to June 20, 2022
Defence Services Pension Part V Regulations Absence from Duty or Secondment Section 21
(2) The contributions required to be paid by a contributor to whom subsection (1) applies shall be payable (a) where the period does not exceed ninety-two days, monthly by means of a debit to his pay account; or (b) where the period exceeds ninety-two days, by (i) monthly remittances in favour of the Receiver General of Canada, or (ii) reservations in equal instalments from his pay
and allowances for a period commencing on the expiration of his absence from duty equal to the period during which he was absent from duty.
(3) Notwithstanding anything in this section, a contributor may pay, in one sum, at any time prior to the expiration of the period described in subparagraph (ii) of paragraph (b) of subsection (2), the amount payable by him into the Consolidated Revenue Fund in respect of any period he is absent from duty. (4) Where a contributor, granted a period of absence on
leave or secondment as prescribed in subsection (1), has elected to pay arrears of contributions pursuant to section 48 of the Act by instalments, those instalments shall be paid in the manner set out in subsection (2). (5) When any amount payable by a contributor under
this section is unpaid at the time of his retirement, that amount shall be paid out of any pension or gratuity that is payable under the Act to the contributor (a) in one sum from the gratuity, or (b) by reservation out of any pension in equal instalments for a period equal to that portion of the period described in subparagraph (ii) of paragraph (b) of subsection (2) during which no contributions were made by him as required by that subsection. (6) A continuous period of absence from duty in excess of sixty days in respect of which (a) a forfeiture of pay and allowances is imposed, (b) a deduction in an amount equal to the whole of the pay and allowances withheld is imposed by reason of suspension from duty, or
Current to June 20, 2022
Defence Services Pension Part V Regulations Absence from Duty or Secondment Sections 21-23
(c) a continuous combination of the periods described
in (a) and (b), shall not be counted as service for the purposes of computing a pension or gratuity and no contributions shall be deducted in respect of that period. (7) A contributor who has been absent from duty as described in subsection (1) may, (a) within one year after the coming into force of this subsection, in the case of a period of absence ending before the coming into force of this subsection, or (b) within thirty days after the end of such period of absence, in the case of a period of absence ending after the coming into force of this subsection,
elect not to contribute in respect of such period of absence, in which case that period of absence shall not be counted for the purposes of computing a pension or gratuity under the Act, and no contributions shall be required by this section in respect of that period. SOR/59-105, ss. 1, 2.
22 For the purpose of making contributions and computing a pension or gratuity in respect of service to be counted pursuant to section 21, the contributor shall be deemed to have been in receipt of pay and allowances during a period of absence from duty or secondment at the same rate as that which was prescribed for the rank or appointment held by him at the commencement of the period, except that (a) if during that period his rate of pay and allowances is increased or decreased for any reason, then such rate from the date it became effective shall be deemed to be the pay and allowances of which he was in receipt, or (b) if during a period of secondment the contributor
does not receive pay and allowances according to the appropriate regulations in effect from time to time for his service, the rate of pay and allowances he shall be deemed to receive shall be as determined by Treasury Board.
Service 23 For the purposes of subparagraph (iii) of paragraph (i) of subsection (1) of section 45 of the Act, time served as described in that subparagraph, on or prior to the 30th day of September, 1947, is included as a period of service.
Current to June 20, 2022
Defence Services Pension Part V Regulations Service Section 24
24 (1) Time served as described in subparagraph (vi) of paragraph (i) of subsection (1) of section 45 of the Act, may be included as service if the contributor during that service received the pay of his rank as though he were a member of the forces. (2) Where a contributor prior to the war which commenced on the 10th day of September, 1939, served as an officer in the Royal Canadian Air Force other than the Permanent Active Air Force, for a continuous period of full-time service, but did not receive the pay of his rank as though he were in the forces, and subsequently served on active service during that war and during such period of full-time service received remuneration by way of pay, or pay and allowances, according to the service regulations applicable to his appointment, then in that case, such continuous period of full-time service may be included for the purpose of making contributions and computing a pension or gratuity to which he may be entitled under Part V.
(3) The contributions required to be paid by a contributor (a) for a period of service described in subsection (1)
or (2) which commenced prior to the 1st day of October, 1946, shall be based upon the pay payable to him by reason of the rank or appointment held by him during such service together with marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid; and (b) for a period of service described in subsection (1) which commenced on or after the 1st day of October, 1946, shall be based on the pay payable to him by reason of the rank or appointment held by him together with the allowances prescribed for his rank by section 3 during such service. SOR/60-79, s. 2.
24A (1) Pursuant to paragraph (i) of section 61 of the
Act, service in any of the forces of Newfoundland and service with the Government of Newfoundland shall, for the purposes of making contributions and of computing pensions and gratuities under this Part, include (a) service corresponding to service described in subparagraph (iv) or (vi) of paragraph (i) of subsection (1) of section 45 of the Act, and such service shall be
Current to June 20, 2022
Defence Services Pension Part V Regulations Service Sections 24A-25
deemed to be service described in the applicable subparagraph, and (b) service prior to the 1st day of April, 1949, in a service of the Government of Newfoundland that has been taken over by Canada pursuant to the Terms of Union of Newfoundland with Canada and which is pensionable service under the Public Service Superannuation Act, and such service shall be deemed to be service described in subparagraph (i) of paragraph (i) of subsection (1) of section 45 of the Act, except (c) service that may be counted under any other provision of subsection (1) of section 45 of the Act, or (d) service which the contributor, pursuant to subsection (2) of section 21 of the Public Service Superannuation Act, elected not to count as pensionable service under that Act.
(2) Subject to subsection (3), a contributor who has had service described in subsection (1) may elect to contribute in respect of such service within one year of becoming a contributor or within one year after the 1st day of March, 1960, whichever is the later, and the provisions of subsection (5) of section 48 of the Act shall be applicable to that election.
(3) A contributor who, on or after the 1st day of April, 1949, and before the 1st day of March, 1960, signed a form purporting to elect to contribute for service described in subsection (1), or otherwise signified in writing his intention to contribute for such service, shall be deemed, as of the date of so signing or signifying, to have elected to contribute for such service under subsection (1) of section 48 of the Act. (4) The amount of contributions required in respect of
an election pursuant to subsection (2) or (3) shall be an amount equal to the amount he would be required to contribute had he elected to contribute for such service under subsection (1) of section 48 of the Act. SOR/60-79, s. 3.
Augmentation of Pension 25 (1) For the purpose of this section and of sections 26 to 32 inclusive, and subject to subsection (4) of section 30 and subsection (2) of this section, augmenting service means any period, subsequent to the grant of a pension, of continuous full-time paid service of one year or more
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Sections 25-26
(a) in the forces, (b) in the naval, army or air forces of Canada other than the forces if during such period the pensioner receives the pay of his rank as though he were in the forces, and (c) in the public service in respect of which he is not entitled to an annuity.
(2) A pensioner who after being appointed to or enlisted in one of the naval, army or air forces of Canada is seconded pursuant to service regulations or orders shall be deemed to be performing augmenting service if during that secondment he performs continuous full-time service or employment and receives emoluments by way of pay and allowances, salary or otherwise for that service or employment.
(3) Where during a period of service described in subsection (2), a pensioner does not receive pay and allowances according to the appropriate regulations in effect from time to time for his service, the rate of pay and allowances he shall be deemed to receive shall be as determined by Treasury Board. (4) Where a pensioner described in subsection (3) is required to repay any monies received by him or any deductions are required by reason of any of the provisions of sections 25 to 32 in respect of augmenting service described in subsection (2), such repayment or deductions shall be made in the manner provided in subsections (2) and (3) of section 21. 26 (1) A pensioner serving on a full-time paid basis in the forces or in the naval, army or air forces of Canada other than the forces if receiving the pay of his rank as though he were in the forces, may elect within one year of the commencement of that full-time paid service or within six months of the coming into force of these regulations, whichever is the later, (a) to count for the purpose of computing his pension
the whole augmenting service performed subsequent to the commencement and during that service and upon the making of that election (i) entitlement to the whole or that part of the pension to which he is otherwise entitled during that service, or the gratuity to which he would otherwise
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Sections 26-27
become entitled in respect of that service, shall terminate, and (ii) he shall repay the whole or that part of the pension he may have received during that service, in the manner hereinafter provided; and (b) to count for the purpose of computing his pension
the whole or any part not less than twelve continuous months of any period of augmenting service he may have performed subsequent to the grant of his pension but prior to the commencement of his current fulltime paid service provided he (i) makes an election pursuant to paragraph (a),
and (ii) repays the whole or that part of the pension he may have received during that augmenting service or the gratuity he may have received in respect of that augmenting service in the manner hereinafter provided.
(2) Every election made by a pensioner under this section shall be evidenced in writing, in the form prescribed by the Minister, and witnessed, and the original thereof shall be forwarded to a person designated by the Minister for the purpose, by registered mail or in such other manner as the Minister directs, within one month of making the election. 27 (1) A pensioner who has elected to count augmenting service pursuant to paragraph (a) of subsection (1) of section 26 and receives pension payments during that augmenting service, shall repay the payments in one sum or by reservation from pay and allowances or otherwise, without interest, in equal instalments over a period similar to that during which the said payments were made to him, such instalments to commence on the expiration of the month next following the date of his election, except that no repayment is required for a period when the pensioner’s pay and allowances are reduced by the amount of the gross pension paid, pursuant to relevant pay regulations.
(2) A pensioner, electing to count the whole of his augmenting service pursuant to paragraph (b) of subsection (1) of section 26 and in respect of which he has been paid a gratuity, or during that service has received
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Sections 27-28
pension payments, shall repay an amount equal to the gratuity or pension payments received by him during that service, together with simple interest at the rate of four per centum per annum from the date of payment of that gratuity or pension payments to the date of his election under that section, and where the pensioner has elected part of his augmenting service the repayment required in respect of that part shall be the proportion of the said amount that the part is of the whole of his augmenting service, except that no repayment is required for a period when the pensioner’s pay and allowances are reduced by the amount of the gross pension paid, pursuant to relevant pay regulations.
(3) The repayment required by subsection (2) may be made in one sum or in instalments equivalent in value to the total amount of the arrears payable by reservation from pay and allowances or otherwise, for life, or for a period of years or for life whichever is the shorter, to commence on the expiration of the month next following the date of the election, the said instalments to be computed as to mortality and interest on the basis of the Canadian Life Tables No. 2 (1941), Males or Females, as the case may be, with interest at the rate of four per centum per annum. (4) Where a periodic scheme of payment is in effect under this section, the pensioner may at any time elect to settle any amount outstanding by one sum or to arrange to pay that amount by instalments over a shorter period.
28 (1) The whole of the elected augmenting service of a
pensioner shall be subject to deductions in the following manner: (a) in respect of that part of the augmenting service
which the pensioner performs subsequent to making the election required by section 26, reservations shall be made from his pay and allowances as provided in section 47 of the Act, (b) in respect of that part of elected augmenting service which the pensioner performed prior to the making of the election required by section 26, the whole of that augmenting service shall be subject to deductions, (i) where it is non-contributory augmenting service, to the same extent and in the manner as if that augmenting service were prior non-contributory service under Part V and the election made to count
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Sections 28-30
that augmenting service were made under subsection (1) of section 48 of the Act and regulations relating thereto, and (ii) where it is contributory service and deductions
have been made under the Act, the Public Service Superannuation Act, or the Civil Service Superannuation Act, or deferred pay deductions have been made from his pay and allowances, pursuant to pay regulations applicable to his service, and, (A) those deductions have not previously been paid to him by way of gratuity or otherwise, such deductions shall be deemed to be the deductions required by this section in respect of the period of service for which the deductions were made, or (B) those deductions have previously been paid to him by way of gratuity or otherwise, to the same extent and in the manner as if that augmenting service could be counted as service under subsection (3) or (4) of section 56 of the Act and regulations relating thereto.
(2) The sums required by this section when deducted shall be paid into, or where applicable transferred to the Permanent Services Pension Account. 29 Where a pensioner, contributing for elected augmenting services by way of repayment by instalments any amount required by section 27 or by way of making the deductions required by section 28, ceases to serve on augmenting service before payment of those instalments or deductions have been made in full, he shall be deemed to have contributed in respect of the augmenting service he elected and the remaining instalments or deductions shall be reserved out of his pension.
30 (1) Subject to subsection (5), a pensioner who ceases
to serve on augmenting service described in paragraph (a) of subsection (1) of section 26, shall be entitled to have his pension computed on the term of service upon which his pension was originally based, together with the augmenting service elected pursuant to that section (the whole period hereinafter in this section being called the “pensionable term”), (a) if he was granted his original pension as a man pursuant to section 49 of the Act for any reason other
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Section 30
than inefficiency or misconduct and ceases to serve on augmenting service at his own request, or upon the expiration of the period of augmenting service, or for any of the reasons contained in paragraph (b) or (c) of that section after performing at least twenty-five years service in the forces during the pensionable term; (b) if he was granted his original pension as a man
pursuant to section 49 of the Act for any reason other than inefficiency or misconduct and ceases to serve on augmenting service at his own request, after performing at least twenty years but less than twenty-five years of service in the forces during the pensionable term, or if his original pension was granted pursuant to paragraph (e) of that section and ceases to serve by reason of the expiration of the augmenting service, but his pension computed on the pensionable term shall be subject to the reduction provided in paragraph (e) of that section; (c) if he is not entitled to have his pension computed
under paragraph (a) and was granted his original pension pursuant to paragraph (b), (c) or (d) of section 49 or section 54 of the Act and ceases to serve on the augmenting service for any of the reasons contained in paragraph (b) or (c) of section 49 of the Act or by reason of the expiration of the period of his augmenting service; (d) if he is not entitled to have his pension computed
under paragraph (a) and was granted his original pension pursuant to paragraph (e) of section 49 of the Act and serves in the forces on the augmenting service and ceases to serve therein for any of the reasons contained in paragraph (b) of that section; (e) if he was granted his original pension pursuant to paragraph (e), (f) or (g) of section 49 of the Act and serves in the forces on the augmenting service and ceases to serve therein for the reason contained in paragraph (c) of that section; (f) if he is not entitled to have his pension computed under paragraph (a), was granted his original pension pursuant to paragraph (f) or (g) of section 49 of the Act, serves in the forces on the augmenting service and ceases to serve in the forces by reason of the expiration of the augmenting service or for any of the reasons contained in paragraph (b) of section 49 of the Act, but if he has less than twenty years in the forces during the pensionable term, the pension computed on the pensionable term shall be subject to the reduction applicable to a grant of a pension under the circumstances contained in paragraph (f) or (g) of section 49 of the Act, as applicable;
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Section 30
(g) if he is not entitled to have his pension computed
under paragraph (a) and was granted his original pension pursuant to paragraph (e), (f) or (g) of section 49 of the Act and serves on the augmenting service in the naval, army or air forces of Canada other than the forces and ceases to serve therein by reason of the expiration of the augmenting service or for any of the reasons contained in paragraph (b) or (c) of that section, but the pension computed on the pensionable term shall be subject to the reduction applicable to a grant of a pension under the Act contained in paragraph (e), (f) or (g) of that section as applicable; or (h) if he was granted his original pension pursuant to paragraph (h) or (i) of section 49 of the Act and ceases to serve on the augmenting service by reason of the expiration of the augmenting service, or for any of the reasons contained in paragraph (b) or (c) of that section, or at his own request if his original pension was granted as a man and has served at least twenty years in the forces during the pensionable term, but the pension computed upon the pensionable term shall be subject to the reduction applicable to the grant of a pension under the Act contained in paragraph (h) or (i) of that section as applicable.
(2) The pension computed on the pensionable term as provided in subsection (1) shall be one-fiftieth of the average annual amount of the pay and allowances received by the pensioner during the last six years of the pensionable term for each year of the pensionable term but no pension shall be computed on a number of years in excess of thirty-five. (3) Where a pensioner dies while performing elected
augmenting service or dies while in receipt of a pension computed on a pensionable term, his widow and children will be entitled to an annual pension computed on the
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Sections 30-32
pensionable term to the same extent and subject to the same conditions as are applicable to the widow and children of a deceased or former contributor.
(4) A period of absence from duty shall not break the
continuity of augmenting service elected pursuant to subsection (1) of section 26, but such period may only be included as augmenting service to the same extent and subject to the same conditions as is applicable to the service of a contributor under sections 21 and 22, except that a continuous period of absence on leave without pay and allowances in excess of sixty days shall not be included as augmenting service.
(5) Subject to subsection (2), where the amount of a pension computed in accordance with subsections (1) and (2) is less than the total amount of the original pension increased by one-fiftieth of the average annual pay and allowances received during the augmenting service for each year of the augmenting service, then in lieu of entitlement to a pension computed pursuant to subsections (1) and (2) a pensioner shall be entitled to an annual pension equal to the latter amount. SOR/59-381, s. 1.
31 A requisition for payment of a pension computed in accordance with the provisions of sections 26 to 30 inclusive shall be supported by the certificates required by section 58 of the Act. 32 (1) Notwithstanding any of the provisions contained
in sections 25 to 31 a pensioner shall be deemed not to have elected to count augmenting service where (a) he ceases to serve on a full-time paid basis in the forces or in the naval, army or air forces of Canada other than the forces prior to completion of a period of augmenting service as described in paragraph (a) of subsection (1) of section 26; or (b) he is not entitled to have his pension computed upon the pensionable term pursuant to subsection (1) of section 30. (2) Where the provisions of subsection (1) are applicable, all sums deducted from the pay and allowances of a pensioner or paid by him by reason of the provisions of sections 25 to 31 inclusive shall be refunded to him without interest or shall be applied, where applicable, towards the abatement of any deductions owed by the pensioner, where by reason of the provisions of
Current to June 20, 2022
Defence Services Pension Part V Regulations Augmentation of Pension Sections 32-33
subsection (1) he becomes subject to deductions pursuant to Deferred Pay Regulations or Part V and regulations relating thereto other than sections 25 to 31 inclusive and his entitlement to pension payments shall be restored retroactively to the date of election as if he had never elected.
Succession Duties 33 (1) In this section, pension means an annual pension payable under the Act to a widow or child and includes a compassionate allowance payable to a child. (2) For the purposes of this section, where, under the
Act, a pension is payable to a child, the widow of the person in respect of whom that pension is payable to that child is presumed, prima facie, to be the guardian of that child. (3) Where, upon the death of any person in respect of whom any pension becomes payable under Part V of the Act to a successor, application in writing may be made, by or on behalf of the successor, to the Minister for payment out of the Permanent Services Pension Account in the Consolidated Revenue Fund of the whole or any part of the portion of the succession duties payable by that successor which is attributable to that pension, and where the Minister directs, in accordance with the application, that the whole or any part of the portion of the succession duties so payable shall be paid out of the Permanent Services Pension Account in the Consolidated Revenue Fund, the maximum portion of the succession duties that may be so paid is the proportion which (a) the value of the pension payable to the successor
is of (b) the value of the whole estate,
calculated for the purposes of determining the succession duties payable in respect thereof. (4) Where the Minister makes a direction in accordance with subsection (3), the pension shall be reduced either for a term, requested by the successor in the application made under subsection (3), or during the entire period for which the pension is payable, if the successor fails to make a request in the application under subsection (3) that the pension be reduced for a term, by one-twelfth of an amount determined by dividing the amount of the succession duties to be paid out of the Permanent Services Pension Account in the Consolidated Revenue Fund, by the value of an annuity of one dollar per annum, payable monthly to a person of the age of the
Current to June 20, 2022
Defence Services Pension Part V Regulations Succession Duties Sections 33-34
successor at the date of payment of the succession duties out of the Permanent Services Pension Account in the Consolidated Revenue Fund, calculated, (a) in the case of a pension payable to the widow of
the person in respect of whose death the pension is payable, in accordance with a(f) Ultimate Table with interest at the rate of four per centum per annum, and (b) in the case of a pension payable to a child of the
person in respect of whose death the pension is payable, at an interest rate of four per centum per annum and mortality shall not be taken into account. (5) Where the pension of a successor is to be or is being
reduced under this section for a term and the successor, being the widow of a former contributor, remarries before the end of the term and the pension is suspended, if at any time the pension is resumed it shall be reduced for a term equal to the term or the balance of the term, as the case may be, during which the pension would have been reduced had it not been suspended and such reduction shall be made to the same extent and in the same manner as the pension was reduced immediately prior to the suspension.
Reinstatement of Widow’s Pension 34 (1) Where by reason of the remarriage of a widow
the payment of her pension under Part V has been discontinued and she again becomes a widow, application in writing may be made by her or on her behalf to the Minister for resumption of that pension. (2) Subject to subsection (4), upon receipt of the application referred to in subsection (1), the Minister may direct that payment of the pension to the widow discontinued by reason of her remarriage shall, to the extent that she is otherwise entitled under Part V to receive the same, be resumed. (3) Where a direction is made pursuant to subsection (2), payment of the pension to the widow shall resume with effect from the first day of the month following the month in which the application for resumption of the pension is received by the Minister or from such earlier date as the Minister may direct, provided that she is otherwise entitled to receive the pension from that date.
Current to June 20, 2022
Defence Services Pension Part V Regulations Reinstatement of Widow’s Pension Sections 34-37
(4) Where a pension or annual allowance (referred to herein as “the allowance” becomes payable to a widow under the Act, the Public Service Superannuation Act, or the Royal Canadian Mounted Police Act (except Part IV), and a direction is made by the Minister pursuant to subsection (2) in respect of such widow, that part only of the discontinued pension shall be resumed which is the greater of (a) an amount which, when added to the annual
amount of the allowance equals the annual amount of the discontinued pension, or (b) an amount determined by a fraction of the annual
amount of the discontinued pension (i) the numerator of which is that number of years of service upon which the discontinued pension is based which, when added to number of years of service or pensionable services upon which the allowance is based, does not exceed in the aggregate thirty-five years, and (ii) the denominator of which is the number of years of service upon which the discontinued pension is based.
Administration Payment of Pensions and Gratuities 35 The Chairman of the Service Pension Board and the Judge Advocate General may issue such instructions and prescribe such forms as they may consider necessary to give effect to section 58 of the Act. 36 For the purposes of computing pensions or gratuities total combined service shall be reckoned as follows: (a) each complete calendar month shall count as one
month; and (b) days served during broken periods of calendar
months shall be totalled and each thirty days thereof shall be counted as one month, any remaining days amounting to fifteen days or more shall be counted as one additional month, but a period of less than fifteen days shall not be counted. 37 A pension to the widow or child of a contributor shall be payable from the day following the death of the contributor.
Current to June 20, 2022
Defence Services Pension Part V Regulations Administration Payment of Pensions and Gratuities Sections 38-42
38 A pension or gratuity to the children of a contributor shall be paid, for the exclusive benefit of the children, to the widow of the contributor or to the legal guardian if one has been appointed, or to such other person as may be legally entitled to receive monies in trust for the exclusive benefit of the children. 39 If a contributor marries after the coming into force of
Part V and if his age exceeds the age of his wife by twenty years or upwards, the pension to such wife under Part V shall be reduced in the proportion that the value of a life annuity as at an age twenty years less than the age of the contributor at the time of his death is of the value of an equal life annuity as at the then actual age of the wife; for the purposes of this section the values of life annuities shall be computed on the basis of the Canadian Life Table No. 2 (1941), Females, and interest at the rate of four per centum per annum. 40 (1) A pension shall be payable in full for the month in which the death of the pensioner occurs. (2) Payment of a pension to a widow who remarries shall cease as of the day of such remarriage. (3) Payment of a pension to a child shall cease as of the date on which the child attains the age of eighteen years.
Debit Balance 41 For the purposes of section 68 of the Act, a debit balance in the pay account of a former member of the forces shall be recovered from (a) a gratuity, or return of contributions, in one lump sum, or (b) a pension, by monthly instalments in any amount
equal to ten per centum of the net pension but in any such case the pensioner may make payments which will liquidate the debit at a date earlier than that which would have occurred had the recovery been made at the rate of ten per centum per month.
Permanent Services Pension Account 42 (1) There shall be credited to the Permanent Services Pension Account
Current to June 20, 2022
Defence Services Pension Part V Regulations Administration Permanent Services Pension Account Sections 42-43
(a) all contributions made by the contributor under
Part V; (b) interest on the last day of each quarter in every fiscal year, namely, on the 30th day of June, on the 30th day of September, on the 31st day of December and on the 31st day of March, respectively, calculated at the rate of one per centum of the balance to the credit of the account on the last day of the preceding quarter; (c) the contribution made by the Government; and (d) all amounts transferred thereto under sections 9 and 12 hereof. (2) There shall be charged to the Permanent Services Pension Account (a) all payments of benefits under Part V, (b) all amounts of contributions refunded pursuant to section 5, and (c) amounts of succession duties paid pursuant to section 33.
Payment of Arrears of Contributions during Pension Suspension 43 (1) Where by reason or appointment to a position in the public service of Canada, the pension of a pensioner is totally suspended and there are arrears of contributions outstanding with respect to such pension, the pensioner may inform the Chief Treasury Officer in writing and elect to pay such arrears, under the same conditions as if his pension were in payment to him, during that period of appointment. (2) The manner and time of making the instalments in
payment of the arrears provided for in subsection (1) shall be at the discretion of the Chief Treasury Officer, and the payment of any such instalments shall be credited by the Chief Treasury Officer towards the abatement of arrears outstanding upon the pension but shall be deemed to be payments on account only and shall not necessarily be in full satisfaction of any particular instalment of arrears for any particular period owing upon the pension. (3) The election made by the pensioner as provided for in subsection (1) shall be revocable at the discretion of
Current to June 20, 2022
Defence Services Pension Part V Regulations Administration Payment of Arrears of Contributions during Pension Suspension Sections 43-44
the pensioner upon thirty days’ notice in writing to the Chief Treasury Officer to that effect, and the Chief Treasury Officer shall have the right to refuse to accept any instalment for any reason which to him shall seem to be good and sufficient, and upon the revocation of an election or the refusal to accept any instalment, payment of arrears shall cease until such time as the pensioner again elects, the Chief Treasury Officer accepts an application from the pensioner for reinstatement of his payments or the pension becomes payable in whole or in part to the pensioner.
Payments Otherwise than by Monthly Instalments 44 Where a pensioner or a recipient of a pension requests that a pension be paid otherwise than in equal monthly instalments, or where the Minister is of opinion that the payment of a pension in equal monthly instalments is not practical, he may direct, if such direction does not result in the payment of an aggregate amount greater than the aggregate amount of equal monthly instalments otherwise payable in accordance with section 57 of the Act, that the pension shall be paid in arrears (a) in equal instalments quarterly or semi-annually;
or (b) annually.
Current to June 20, 2022
|
CONSOLIDATION
DNA Identification Regulations
SOR/2000-300
Current to June 20, 2022 Last amended on March 7, 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 March 7, 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 March 7, 2018
TABLE OF PROVISIONS DNA Identification Regulations
Interpretation
Samples
2.2
Criminal Code and National Defence Act — Information To Be Transmitted
2.3
Written Consent
Removal of Access to Information
International Agreements
Coming into Force
Current to June 20, 2022 Last amended on March 7, 2018
ii
Registration SOR/2000-300
July 27, 2000
DNA IDENTIFICATION ACT
DNA Identification Regulations
P.C. 2000-1109
July 27, 2000
Her Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to section 12 of the DNA Identification Acta, hereby makes the annexed DNA Identification Regulations.
a
S.C. 1998, c. 37
Current to June 20, 2022 Last amended on March 7, 2018
DNA Identification Regulations
Interpretation 1 The definitions in this section apply in these Regulations. Act means the DNA Identification Act. (Loi) DNA Data Bank means the national DNA data bank established by the Minister of Public Safety and Emergency Preparedness under section 5 of the Act. (banque de données génétiques) SOR/2018-42, s. 1.
Samples 2 (1) A DNA profile derived from a bodily substance of a
convicted offender is to be added to the convicted offenders index of the DNA Data Bank only if all of the following are received by the Commissioner: (a) a sample of the bodily substance that was collected
with a DNA Data Bank sample kit approved by the Commissioner in accordance with subsection (2); (b) a copy of the authorization for the collection of the sample; (c) the name of the person who collected the sample;
and (d) subject to subsection (3), the fingerprints of the
convicted offender from whom the sample is collected and the name of the person who took them. (2) The Commissioner must approve a DNA Data Bank sample kit that ensures the integrity of samples of bodily substances transmitted to the Commissioner. The kit must include (a) detailed instructions on the procedure for collecting and preserving a sample and how to prevent its contamination; (b) a sample collection medium that allows the sample to be safely handled and preserved without contamination; and
Current to June 20, 2022 Last amended on March 7, 2018
DNA Identification Regulations Samples Sections 2-2.2
(c) the items necessary to collect the sample.
(3) Fingerprints are not required for the purposes of subsection (1) if the Commissioner is satisfied, based on a written statement that includes the name of the person who provided the statement, that (a) fingerprints could not be taken or it would not have been reasonable in the circumstances to take them at the time the sample was taken; and (b) adequate means were used to confirm the identity
of the convicted offender. SOR/2002-451, s. 1; SOR/2006-225, s. 1(E); SOR/2008-139, s. 1(E); SOR/2018-42, s. 2.
2.1 [Repealed, SOR/2018-42, s. 2]
Criminal Code and National Defence Act — Information To Be Transmitted 2.2 (1) A peace officer or a person acting under their direction who transmits a copy of an order or authorization under paragraph 487.071(2)(b) of the Criminal Code or paragraph 196.22(2)(b) of the National Defence Act to the Commissioner must transmit the following information: (a) written confirmation by the peace officer or person
that they have searched the applicable records kept by the Canadian Police Information Centre and that the convicted offenders index of the DNA Data Bank contains the DNA profile of the convicted offender who is the subject of the order or authorization; and (b) the fingerprints of the convicted offender, and the name of the person who took the fingerprints, or a written statement that (i) attests that fingerprints could not be taken or
that it would not have been reasonable in the circumstances to take them, (ii) describes the means that were used to confirm
the identity of the convicted offender, and (iii) sets out the name of the person making the statement.
Current to June 20, 2022 Last amended on March 7, 2018
DNA Identification Regulations Criminal Code and National Defence Act — Information To Be Transmitted Sections 2.2-2.3
(2) If the information transmitted to the Commissioner
under paragraph 487.071(2)(b) of the Criminal Code or paragraph 196.22(2)(b) of the National Defence Act is inaccurate or incomplete, the Commissioner must advise the submitting agency of that fact and shall request that the agency (a) provide the corrected or supplementary information; or (b) execute, in accordance with subsection 487.071(3) of the Criminal Code or subsection 196.22(3) of the National Defence Act, the order or authorization referred to in paragraph (1)(a). SOR/2008-139, s. 2; SOR/2018-42, s. 3.
Written Consent 2.3 For the purposes of section 5.4 of the Act, a person’s written consent is provided by signing a document that states that (a) the person’s DNA profile and related information will be added to the relatives of missing persons index, the voluntary donors index or the victims index, as the case may be; (b) the person’s DNA profile will be used for the purposes of criminal identification, finding missing persons or identifying human remains, as the case may be; (c) the person’s DNA profile will be compared, in accordance with section 5.5 of the Act, with DNA profiles that are already contained in the crime scene index, the convicted offenders index, the victims index, the missing person index, the voluntary donors index and the human remains index; (d) the person’s DNA profile and any information in relation to it may only be communicated and used in accordance with the Act; (e) access to information in relation to the person’s DNA profile will be removed from the relatives of missing persons index, the voluntary donors index or the victims index, as the case may be, in accordance with section 8.1 of the Act; and (f) forensic DNA analysis and comparison of the person’s DNA profile may result in incidental findings, such as a finding relating to genetic relationships. SOR/2018-42, s. 4.
Current to June 20, 2022 Last amended on March 7, 2018
DNA Identification Regulations Written Consent Sections 2.3-5
Removal of Access to Information 3 (1) For the purposes of subsection 8.1(3) of the Act, the prescribed period is five years beginning on the day on which the DNA profile was added to the victims index, the missing persons index, the relatives of missing persons index or the voluntary donors index, as the case may be. (1.1) If access to information in relation to a DNA profile
is not removed at the end of the five-year period because an investigating authority considered appropriate by the Commissioner advises the Commissioner of the matters set out in paragraphs 8.1(3)(a) and (b) of the Act, it must be removed after any subsequent period of five years during which no investigating authority considered appropriate by the Commissioner advises the Commissioner of those matters. (1.2) For the purpose of subsection 8.1(5) of the Act, the removal of access to information in relation to a DNA profile under any of subsections 8.1(1) to (3) of the Act must be done by destroying the information in relation to the DNA profile and the DNA profile.
(2) For the purpose of subsection (1.2), destroy means (a) to shred, burn or otherwise physically destroy, in
the case of information other than information in electronic form; and (b) to delete, write over or otherwise render permanently inaccessible, in the case of information in electronic form. SOR/2002-451, s. 2(F); SOR/2018-42, s. 5.
4 [Repealed, SOR/2018-42, s. 6]
International Agreements 5 For the purpose of subsection 6.4(4) of the Act, any agreement or arrangement — authorizing the communication solely for the purposes of, as the case may be, the investigation or prosecution of a criminal offence or the investigation of a missing person or human remains —
Current to June 20, 2022 Last amended on March 7, 2018
DNA Identification Regulations International Agreements Sections 5-6
that the Government of Canada or one of its institutions enters into with a government of a foreign state, an international organization or an institution must include safeguards to protect the privacy of the personal information that is used or disclosed under it. SOR/2018-42, s. 7.
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 March 7, 2018
|
CONSOLIDATION
Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations
[Repealed, SOR/2016-319, s. 1]
Current to June 20, 2022 Last amended on December 28, 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 December 28, 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 December 28, 2016
TABLE OF PROVISIONS Regulations Governing Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Required by the Railway Act
Current to June 20, 2022 Last amended on December 28, 2016
ii
|
CONSOLIDATION
Regulations Defining “Advertising Revenues”
SOR/98-447
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 Defining “Advertising Revenues” 1
Interpretation
Advertising Revenues
Coming into Force
Current to June 20, 2022
ii
Registration SOR/98-447 August 31, 1998
COPYRIGHT ACT Regulations Defining “Advertising Revenues”
The Copyright Board, pursuant to subsection 68.1(3)a of the Copyright Act, hereby makes the annexed Regulations Defining “Advertising Revenues”. Ottawa, August 31, 1998
a
S.C. 1997, c. 24, s. 45
Current to June 20, 2022
Regulations enues”
Defining
“Advertising
RevInterpretation 1 In these Regulations, system means a wireless transmission system.
Advertising Revenues 2 (1) For the purposes of subsection 68.1(1) of the Copyright Act, advertising revenues means the total compensation in money, goods or services, net of taxes and of commissions paid to advertising agencies, received by a system to advertise goods, services, activities or events, for broadcasting public interest messages or for any sponsorship. (2) For the purpose of calculating advertising revenues, goods and services shall be valued at fair market value. (3) For purposes of subsection (1), when a system acts
on behalf of a group of systems which broadcast a single event, simultaneously or on a delayed basis, (a) any compensation paid by the system acting on
behalf of the group of systems to a system that is part of the group is part of the advertising revenues of that system; and (b) the difference between the compensation received
by the system acting on behalf of the group of systems and any compensation referred to in paragraph (a), is part of the advertising revenue of the system which acts on behalf of the group.
Coming into Force 3 These Regulations come into force on August 31, 1998.
Current to June 20, 2022
|
CONSOLIDATION
Defence Materiel Loan Regulations
C.R.C., c. 690
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 Under Section 52 of the Financial Administration Act Respecting Loans of Defence Materiel 1
Short Title
Interpretation
Conditions
Charges
Consumable Materiel
Agreements
Current to June 20, 2022
ii
CHAPTER 690
FINANCIAL ADMINISTRATION ACT Defence Materiel Loan Regulations
Regulations Under Section 52 of the Financial Administration Act Respecting Loans of Defence Materiel
Short Title 1 These Regulations may be cited as the Defence Materiel Loan Regulations.
Interpretation 2 In these Regulations,
materiel means all movable public property, other than money, provided for the Canadian Forces or the Defence Research Board or for any other purpose under the National Defence Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided; (matériel) Minister means the Minister of National Defence. (ministre)
Conditions 3 Materiel, having been provided for national defence purposes, shall not be loaned except as prescribed in these Regulations. 4 Where the Minister, or such authority as he may designate, considers that the national interest would thereby be served, he may authorize loans of materiel (a) for relief purposes in the event of civil disaster; (b) to authorized law enforcement agencies in the event of civil disturbances; (c) to armed forces of friendly countries; (d) to civil organizations for the benefit of or in support of the Canadian Forces or of national defence and
Current to June 20, 2022
Defence Materiel Loan Regulations Conditions Sections 4-6
to Dominion and Provincial Rifle Associations and the Boy Scout and Girl Guide Associations; (e) to civil organization for community purposes, provided that such loans do not interfere with military training or operations nor cause undue depreciation of materiel, and further provided, unless the Minister or such other authority as he may designate waives this condition, that the facilities made available through such loans of materiel are not otherwise readily obtainable through normal commercial channels; (f) to departments of the Government of Canada and Crown corporations; (g) for purposes directly connected with or in support
of national defence, to provincial and governments and colleges and universities; and (h) to contractors or other organizations or individuals engaged in work or duties for the Department of National Defence.
Charges 5 A reasonable charge, computed in accordance with instructions issued by the Minister, shall be levied in respect of every loan of materiel except (a) where such loans are made to the Boy Scout and Girl Guide Associations, Dominion and Provincial Rifle Associations or for community activities of a noncommercial, charitable nature or directly for the benefit of or in support of the Canadian Forces or national defence; (b) in cases other than those mentioned in paragraph
(a), when the Minister considers that it is in the public interest to reduce or waive the charge, in which event the Minister shall determine what rate, if any, shall be charged, but when the Minister reduces or waives a charge and the amount that the borrower is thereby absolved from paying is $1,000 or more, the Minister shall make a report to the Treasury Board. 6 (1) All loans under these Regulations will be at no cost to the Crown unless the Minister considers it to be in the public interest for the Crown to bear all or part of the cost, in which case the Minister shall determine what part of the cost, if any, shall be charged to the borrower.
Current to June 20, 2022
Defence Materiel Loan Regulations Charges Sections 6-9
(2) The costs to be borne by the borrower shall include
transportation costs, losses and deficiencies, and repairs and laundering where applicable.
Consumable Materiel 7 (1) Materiel of a consumable nature shall not be loaned but may be provided for purposes not inconsistent with these Regulations when the Minister considers that the national interest would thereby be served. (2) Unless the Governor in Council otherwise directs, no materiel shall be provided under this section unless (a) the recipient pays to the Receiver General an
amount not less than the amount that, in the opinion of the Minister, is the cost to the Crown; or (b) the recipient replaces the materiel provided by returning to the Minister, at the recipient’s expense, an equal quantity of the same materiel under such conditions as the Minister may prescribe.
Agreements 8 Where the Minister considers such action to be appropriate, he may enter into agreements with organizations and individuals for the loan of materiel in accordance with these Regulations. 9 Subject to the foregoing, the terms and conditions upon which loans may be made under these Regulations shall be as directed or prescribed by the Minister.
Current to June 20, 2022
|
CONSOLIDATION
Delegation of Powers (Customs) Order
SOR/86-766
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 Delegation of Powers Conferred on the Minister of National Revenue by Sections 131 to 133 of the Customs Act 1
Short Title
General SCHEDULE
Current to June 20, 2022
ii
Registration SOR/86-766 July 15, 1986
CUSTOMS ACT Delegation of Powers (Customs) Order
The Minister of National Revenue, pursuant to section 134 of the Customs Act*, hereby makes the annexed Order respecting the delegation of powers conferred on the Minister of National Revenue by sections 131 to 133 of the Customs Act, effective on the day that the Customs Act*, other than paragraph 99(1)(b), subsections 99(2) to (4) and sections 192 to 194 thereof, comes into force. Ottawa, July 14, 1986 E. M. MacKAY Minister of National Revenue
*
S.C. 1986, c. 1
Current to June 20, 2022
Order Respecting the Delegation of Powers Conferred on the Minister of National Revenue by Sections 131 to 133 of the Customs Act
Short Title 1 This Order may be cited as the Delegation of Powers (Customs) Order.
General 2 The officers named in the schedule may exercise the
powers conferred on the Minister of National Revenue by sections 131 to 133 of the Customs Act.
Current to June 20, 2022
Delegation of Powers (Customs) Order SCHEDULE
SCHEDULE (Section 2)
Robert A. Wright
Deputy Minister of National Revenue
Robert M. Beith
Assistant Deputy Minister, Appeals
Allan J. Cocksedge
Assistant Deputy Minister, Customs Border Services
Paul E. Girard
Director, Adjudications
Gregory B. Greene
Chief, Adjudications Policy and Planning
Norman Lawrence Woram
Chief, Adjudications
Evelyn Miller
Chief, Adjudications
Denis Patrick Michael McGuire
Chief, Adjudications
Allan Irwin Porter
Chief, Adjudications
David Norman Bellefeuille
Adjudicator
Donald William Pestaluky
Adjudicator
Joseph Antoine Jean Adjudicator Bérubé
SOR/86-1099, s. 1; SOR/88-406, s. 1; SOR/91-440, ss. 1, 2; SOR/94-573, ss. 1, 2; SOR/ 97-426, s. 1.
Current to June 20, 2022
|
CONSOLIDATION
Defence Survival Training Indemnity Order
C.R.C., c. 692
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 Minister of National Defence to Give Indemnity Undertakings and Releases 1
Short Title
Interpretation
Authorization
Current to June 20, 2022
ii
CHAPTER 692
FINANCIAL ADMINISTRATION ACT Defence Survival Training Indemnity Order
Order Authorizing the Minister of National Defence to Give Indemnity Undertakings and Releases
Short Title 1 This Order may be cited as the Defence Survival Training Indemnity Order.
Interpretation 2 In this Order, property means demolished and partially demolished buildings and their adjacent areas simulating areas damaged by a nuclear explosion or contaminated by a serious radioactive fall-out.
Authorization 3 The Minister of National Defence is authorized to give appropriate indemnity undertakings and releases for third party tort claims to owners, occupants, demolition contractors and persons having an interest in the property used under arrangements with the said Minister for the purpose of carrying out survival training exercises.
Current to June 20, 2022
|
CONSOLIDATION
Defence Clothing and Equipment Loan Order
C.R.C., c. 686
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 Granting Authority to the Minister of National Defence with Respect to Clothing and Equipment
Short Title
Authorization
Current to June 20, 2022
ii
CHAPTER 686
FINANCIAL ADMINISTRATION ACT Defence Clothing and Equipment Loan Order
Order Granting Authority to the Minister of National Defence with Respect to Clothing and Equipment
Short Title 1 This Order may be cited as the Defence Clothing and
Equipment Loan Order.
Authorization 2 The Minister of National Defence is authorized, when he considers that the public interest would thereby be served, (a) to issue on loan to Cadet Officers and Cadets of
Caribbean countries visiting Canada under exchange arrangements, such items of clothing and equipment as he considers necessary to enable them properly to carry out their training; (b) to permit Cadet Officers and Cadets to retain, free
of charge, items that for hygienic reasons may not be reissued to members of the Canadian Forces; and (c) to permit Cadet Officers and Cadets to retain, on
payment of 50 per cent of the cost price, items of clothing that, if withdrawn, would be sold to members of the Canadian Forces at 50 per cent of cost.
Current to June 20, 2022
|
CONSOLIDATION
Defence Controlled Access Area Regulations
SOR/86-957
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 Access to, Exclusion from and Safety and Conduct of Persons in, on or about any Defence Establishment, Work for Defence or Materiel
Short Title
Interpretation
Application
PART I
Access to and Exclusion from a Controlled Access Area 11
PART II
Search 15
PART III
Safety and Conduct of Persons
Current to June 20, 2022
ii
Registration SOR/86-957 September 11, 1986
NATIONAL DEFENCE ACT Defence Controlled Access Area Regulations
P.C. 1986-2078
September 11, 1986
Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, is pleased hereby, pursuant to section 12 of the National Defence Act, to revoke the Defence Establishment Trespass Regulations, C.R.C., c. 1047 and, pursuant to section 231.1* of the said Act, to make the annexed Regulations respecting access to, exclusion from and safety and conduct of persons in, on or about any defence establishment, work for defence or materiel, in substitution therefor.
*
S.C. 1985, c. 26, s. 64
Current to June 20, 2022
Regulations Respecting Access to, Exclusion from and Safety and Conduct of Persons in, on or about any Defence Establishment, Work for Defence or Materiel
Short Title 1 These Regulations may be cited as the Defence Controlled Access Area Regulations.
Interpretation 2 In these Regulations,
controlled access area means any defence establishment, work for defence or materiel and includes any restricted area within such place or materiel; (secteur d’accès contrôlé) designated authority means the Minister, the Chief of the Defence Staff or the officer in command or person in charge of a controlled access area; (autorité compétente) pass means an authorization to enter a controlled access area in accordance with section 5; (laissez-passer) security guard means (a) a peace officer, (b) a member of the Corps of Commissionaires, (c) an officer or non-commissioned member, or (d) an employee or other person engaged directly or
indirectly by the Canadian Forces or the Department to whom a designated authority has assigned duties relating to the enforcement of these Regulations. (garde de sécurité)
Application 3 These Regulations apply to all persons except those
who are subject to the Code of Service Discipline.
Current to June 20, 2022
Defence Controlled Access Area Regulations PART I Access to and Exclusion from a Controlled Access Area Sections 4-8
PART I
Access to and Exclusion from a Controlled Access Area 4 Every person is prohibited from entering, exiting or remaining in or on any controlled access area except in compliance with these Regulations. 5 (1) No person shall enter a controlled access area without first obtaining a pass where a designated authority requires that a pass be obtained prior to entry. (2) Where a designated authority or a security guard authorized by the designated authority to grant passes has reasonable grounds to believe that it is necessary for the purpose of maintaining security or preserving the routine, administration or order in, on or about a controlled access area, the designated authority or the security guard may delay the issue of or refuse to grant a pass and may withhold or revoke a pass. 6 (1) Notwithstanding any other provision of these Regulations, where a designated authority has reasonable grounds to believe that it is necessary for the purpose of maintaining security or preserving the routine, administration or order in, on or about a controlled access area, the designated authority may prohibit any person from entering a controlled access area by notice in writing to the person specifying (a) the period for which the prohibition is in effect;
and (b) the reason or reasons for the prohibition. (2) No person shall enter a controlled access area during
any period that the person has been prohibited from doing so under subsection (1). 7 A pass shall be valid only for the person to whom it is
granted and for the purpose, period and specific controlled access area for which it is granted. 8 Every person to whom a pass is granted, other than a person to whom a pass is granted orally, shall (a) retain it in his possession at all times while in or
on the controlled access area except when required to surrender it; (b) produce it on the demand of a security guard as often as may be required while remaining in or on the controlled access area;
Current to June 20, 2022
Defence Controlled Access Area Regulations PART I Access to and Exclusion from a Controlled Access Area Sections 8-12
(c) surrender it to any security guard and immediately leave the controlled access area on the demand of the security guard; and (d) surrender it in the manner provided for by the
designated authority on its revocation or expiration. SOR/90-686, s. 1(F).
9 Every person shall (a) enter and exit a controlled access area only by way of an established entrance or exit or such other way as may be authorized by a designated authority; (b) comply with every direction given by or under the
authority of a designated authority, including every written or printed direction contained in a pass and any written or printed notice, direction, rule, regulation or order displayed in, on or about a controlled access area; and (c) immediately leave a controlled access area on the demand of a security guard. 10 Every person found in or on a controlled access area
in contravention of these Regulations may be removed therefrom by a security guard, but the security guard shall use only such force as is necessary and that removal shall be without prejudice to any other proceedings that may be taken.
PART II
Search 11 As a condition of being given access to any defence
establishment, work for defence or materiel, every person shall, on the demand of a security guard, submit to a search of his person or personal property while entering or exiting any such place or materiel or any restricted area within such place or materiel. 12 Where a person refuses to submit to a search of his person or personal property when required to do so pursuant to section 11, the person may (a) if the person is seeking entry, be denied access; or (b) if the person is exiting, have his person and his personal property searched by a security guard who shall use only such force as is necessary for that purpose.
Current to June 20, 2022
Defence Controlled Access Area Regulations PART II Search Sections 13-21
13 Except where there are reasonable grounds to believe that an immediate search is necessary to maintain security or to prevent danger to the safety of any person, a search of a person shall be carried out only by a person of the same sex. 14 A security guard may search without warrant any
personal property about a controlled access area where the security guard has reasonable grounds to believe that the personal property is or may contain anything that is likely to endanger the safety of any person within the controlled access area.
PART III
Safety and Conduct of Persons 15 No person shall break down, damage, weaken or destroy any gate, fence, post, barrier, building or structure in or on a controlled access area. 16 No person shall remove, obliterate, deface or destroy
any written or printed sign, notice, direction, rule, regulation or order that is posted, attached or affixed to or on any gate, fence, post, barrier, building or structure in or on a controlled access area. 17 Except with the prior consent of a designated authority, no person shall attach or affix anything to or on any gate, fence, post, barrier, building or structure in or on a controlled access area. 18 No person shall cause or participate in any disturbance while in, on or about a controlled access area. 19 Except with the prior consent of a designated authority, no person shall convey or cause to be conveyed alcoholic beverages into, within or from a controlled access area. 20 No person shall be in an intoxicated condition in or on a controlled access area. 21 Except with the prior consent of a designated authority, no person shall bring into or have on any controlled access area any photographic equipment or any recording or transmitting device, whether such device records or transmits images, sounds, data or other information of any type whatsoever.
Current to June 20, 2022
|
CONSOLIDATION
Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division)
SOR/2015-56
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 Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division) 1
Application
Subsection 10(5) of Act
Survivor and children benefits
Sections 12 and 13 of Act
Pensionable service
When certain provisions are applicable
Subsection 26(2) of Act
Group 1 contributor
Coming into force
Current to June 20, 2022
ii
Registration SOR/2015-56 March 4, 2015
PUBLIC SERVICE SUPERANNUATION ACT FINANCIAL ADMINISTRATION ACT Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division)
The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)a and subsection 42.1(2)b of the Public Service Superannuation Actc and paragraph 7(2)(a) of the Financial Administration Actd, makes the annexed Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division).
a
S.C. 2003, c. 22, par. 225(z.19)
b
S.C. 2012, c. 31, s. 499(3)
c
R.S., c. P-36
d
R.S., c. F-11
Current to June 20, 2022
Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division)
Application 1 (1) These Regulations apply to a person who satisfies the following conditions: (a) the person was employed by Atomic Energy of
Canada Limited and became employed by Candu Energy Inc. on October 2, 2011 as a result of an agreement between Atomic Energy of Canada Limited, Candu Energy Inc., and SNC Lavalin Group Inc., signed on June 29, 2011, and has continued to be so employed without interruption until the coming into force of these Regulations; and (b) the person ceased to be deemed to be employed in
the public service for the purposes of the Public Service Superannuation Act (the “Act”) as a result of Candu Energy Inc. ceasing on October 2, 2014 to be deemed to be part of the public service as a result of that agreement and a direction of the Treasury Board dated June 23, 2011 made under subsection 40.1(2) of the Act. Exception — person re-employed (2) These Regulations do not apply to a person who is reemployed by Candu Energy Inc.
Exceptions — survivors and children (3) Sections 2, 3 and 7 do not apply to the survivor and
children of a person who has received a return of contributions or has exercised an option under subsection 6(2).
Subsection 10(5) of Act 2 For the purposes of subsection 10(5) of the Act, the one-year period referred to in paragraph (a) of that subsection begins on the day on which the person ceases to be employed by Candu Energy Inc.
Survivor and children benefits 3 The survivor and children of a person who dies while
employed by Candu Energy Inc. are entitled to one of the following benefits to which they would have been entitled if the person had been employed in the public service: (a) the death benefit referred to in subsection 12(8) of the Act; or
Current to June 20, 2022
Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division) Sections 3-9
(b) the allowances referred to in subsection 13(3) of
the Act. Sections 12 and 13 of Act 4 For the purposes of sections 12 and 13 of the Act, the age of a person when they cease to be employed in the public service is their age on the day on which they cease to be employed by Candu Energy Inc.
Pensionable service 5 For the purposes of sections 12, 13 and 13.01 of the Act, pensionable service includes the period of service that begins on October 2, 2014 and ends on the day on which a person ceases to be employed by Candu Energy Inc.
When certain provisions are applicable 6 (1) Sections 12, 13 and 13.01 of the Act only apply to a
person as of the day on which they cease to be employed by Candu Energy Inc. Exceptions (2) However, if on October 2, 2014, were it not for these
Regulations, the person would be entitled to a return of contributions under subsection 12(3) of the Act, they may request, in writing, the return of contributions no later than October 1, 2015, and if, in the same circumstances, they would be entitled to exercise an option under section 13.01 of the Act, they may exercise the option within the same period. Subsection 26(2) of Act 7 For the purposes of subsection 26(2) of the Act, a person is deemed to cease to be employed in the public service on the day on which they cease to be employed by Candu Energy Inc.
Group 1 contributor 8 A person to whom these Regulations apply is considered to be a Group 1 contributor.
Coming into force 9 These Regulations are deemed to have come into force on October 2, 2014.
Current to June 20, 2022
|
CONSOLIDATION
Deposit Insurance Application Fee By-law
SOR/2000-277
Current to June 20, 2022 Last amended on September 28, 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 September 28, 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 September 28, 2006
TABLE OF PROVISIONS Deposit Insurance Application Fee By-law
Prescribed Fee
Coming into Force
Current to June 20, 2022 Last amended on September 28, 2006
ii
Registration SOR/2000-277
June 29, 2000
CANADA DEPOSIT INSURANCE CORPORATION ACT Deposit Insurance Application Fee By-law
The Board of Directors of the Canada Deposit Insurance Corporation, pursuant to paragraph 11(2)(g)a and subsection 18(1)b of the Canada Deposit Insurance Corporation Act, hereby makes the annexed Deposit Insurance Application Fee By-law. June 29, 2000
a
R.S. c. 18 (3rd Supp.), s. 51
b
S.C. 1999, c. 28, s. 100
Current to June 20, 2022 Last amended on September 28, 2006
Deposit Insurance Application Fee By-law
Prescribed Fee 1 The prescribed fee that is to accompany an application for deposit insurance made by a provincial institution under subsection 17(1.1) of the Canada Deposit Insurance Corporation Act is $20,000 and is non-refundable. SOR/2006-235, s. 1.
Coming into Force 2 This By-law comes into force on the day on
which it is registered.
Current to June 20, 2022 Last amended on September 28, 2006
|
CONSOLIDATION
Defence Floating Equipment Rental Order
C.R.C., c. 687
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 Minister of National Defence to Rent Floating Equipment 1
Short Title
Interpretation
Authorization
Agreement SCHEDULE
Current to June 20, 2022
ii
CHAPTER 687
FINANCIAL ADMINISTRATION ACT Defence Floating Equipment Rental Order
Order Authorizing the Minister of National Defence to Rent Floating Equipment
Short Title 1 This Order may be cited as the Defence Floating Equipment Rental Order.
Interpretation 2 In this Order, floating equipment means large, medium and small tugs, derricks and flat scows owned by, or under charter agreement to, the Department of National Defence.
Authorization 3 The Minister of National Defence is authorized to rent on request, when commercial facilities are not available, floating equipment at the prevailing commercial rates for similar equipment in the area.
Agreement 4 An agreement in the form set out in the schedule shall be signed by the firm or individual wishing to rent floating equipment.
Current to June 20, 2022
Defence Floating Equipment Rental Order SCHEDULE
SCHEDULE (Section 4)
The Minister of National Defence Naval Service, National Defence Headquarters, Ottawa, Ontario. Dear Sir: In consideration of the equipment known as .............. being made available to .............. (hereinafter called the “Charterer”) at the rate of .............. the Charterer agrees as follows: (1)
To pay to Her Majesty the Queen in right of Canada the rental set forth above for the period during which the equipment is used by, or is held available for the use of, the Charterer, which period includes the time during which the equipment is moving or being moved to or from the place where it is intended to be used.
(2)
To indemnify Her Majesty the Queen in right of Canada for any damage to or loss of the equipment or any part thereof caused by the negligence of the Charterer, his or its servants, agents or employees.
(3)
To indemnify and save harmless Her Majesty the Queen in right of Canada from and against all claims for loss, costs, damages or expenses which may be incurred by reason of the use of said equipment, except where such claims occur through the negligence or wrongful act of Her Majesty’s agents or servants.
(4)
That the hiring of the equipment to the Charterer may be terminated at any time by Her Majesty the Queen in right of Canada should it be deemed necessary or expedient by the Naval Officer in Charge of the equipment.
(5)
The Charterer states that he has made endeavours to obtain privately owned equipment to carry out the work intended and that no such equipment is available. Charterer
The above-described equipment will be made available to you in accordance with the above at .............. from .............. to .............. . Naval Officer in Charge
Current to June 20, 2022
|
CONSOLIDATION
Destruction of Paid Instruments Regulations, 1996
SOR/97-238
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 Destruction of Paid Instruments Regulations, 1996
Interpretation
Custody and Retention
Destruction
Repeal
Coming into Force
Current to June 20, 2022
ii
Registration SOR/97-238 April 23, 1997
FINANCIAL ADMINISTRATION ACT Destruction of Paid Instruments Regulations, 1996
T.B. 825201
April 17, 1997
The Treasury Board, on the recommendation of the Receiver General and with the approval of the Auditor General of Canada, pursuant to subsection 36(2)a of the Financial Administration Act, hereby makes the annexed Destruction of Paid Instruments Regulations, 1996.
a
S.C. 1991, c. 24, s. 14
Current to June 20, 2022
Destruction of Paid Instruments Regulations, 1996
Interpretation 1 The definitions in this section apply in these Regulations. Act means the Financial Administration Act. (Loi) medium means a device that is designed for storing and archiving information and includes a magnetic tape, disk and diskette. (support) paid instrument means a record after the amounts specified in the instructions have been paid or the claim has been settled. (effet payé) record means (a) an original (i) instruction for payment or instrument for settlement, or (ii) claim for settlement; or (b) a medium that contains an original instruction or
claim or that is used to store that instruction or claim. (registre)
Custody and Retention 2 The Receiver General shall have the care and custody
of any paid instrument that is provided to the Receiver General in accordance with subsection 36(1) of the Act and shall retain the instrument until it is destroyed in accordance with section 5. 3 (1) If a paid instrument referred to in section 2 is in the form of a medium containing an original instruction or claim, the data contained in it may be reproduced onto another medium. (2) The medium that contains the original instruction or
claim may be reused once the data contained in it have been completely erased. 4 A paid instrument retained in accordance with section 2 must meet the following requirements:
Current to June 20, 2022
Destruction of Paid Instruments Regulations, 1996 Custody and Retention Sections 4-8
(a) the data contained in it must be accessible so as to
be usable for later reference; and (b) if the instrument is in the form of a medium, the
data contained in it must: (i) represent accurately the information generated, transmitted or received, (ii) enable the identification of the origin and destination of the instruction or claim and the date and time of its transmission or reception, and (iii) in the case of an electronic instruction for payment, include the digital signature.
Destruction 5 (1) Subject to sections 3 and 6, at any time during the seventh year after an instrument has been paid, the Receiver General or the minister who issued the payment or settled the claim, as the case may be, shall destroy the paid instrument in accordance with subsection (2). (2) A paid instrument shall be destroyed by shredding, pulping, burning, crushing, erasing or any other means that will ensure that the paid instrument cannot be reused. 6 If a paid instrument is required for the purposes of any
litigation, claim, inquiry, investigation or other examination, the Receiver General or the appropriate minister shall delay destruction of the instrument until it is no longer required for that purpose.
Repeal 7 [Repeal]
Coming into Force 8 These Regulations come into force on April 23,
1997. Current to June 20, 2022
|
CONSOLIDATION
Designated Public Office Holder Regulations
SOR/2008-117
Current to June 20, 2022 Last amended on September 20, 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 September 20, 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 September 20, 2010
TABLE OF PROVISIONS Designated Public Office Holder Regulations
SCHEDULE
Current to June 20, 2022 Last amended on September 20, 2010
ii
Registration SOR/2008-117
April 17, 2008
LOBBYING ACT Designated Public Office Holder Regulations
P.C. 2008-770
April 17, 2008
Her Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to subsection 2(1)a and paragraph 12(c.1)b of the Lobbying Actc, hereby makes the annexed Designated Public Office Holder Regulations.
a
S.C. 2006, c. 9, s. 67
b
S.C. 2006, c. 9, s. 79
c
R.S., c. 44 (4th Supp); S.C. 2006, c. 9, s. 66
Current to June 20, 2022 Last amended on September 20, 2010
Designated Public Office Holder Regulations
1 For the purposes of paragraph (c) of the definition designated public office holder in subsection 2(1) of the Lobbying Act, the positions and classes of positions set out in the schedule are designated as positions occupied by a designated public office holder.
2 These Regulations come into force on July 2, 2008.
Current to June 20, 2022 Last amended on September 20, 2010
Designated Public Office Holder Regulations SCHEDULE
SCHEDULE (Section 1)
POSITIONS AND CLASSES OF POSITIONS DESIGNATED AS OCCUPIED BY DESIGNATED PUBLIC OFFICE HOLDERS Item
Positions and classes of positions
Chief of the Defence Staff
Vice Chief of the Defence Staff
Chief of Maritime Staff
Chief of Land Staff
Chief of Air Staff
Chief of Military Personnel
Judge Advocate General
Any position of Senior Advisor to the Privy Council to which the office holder is appointed by the Governor in Council
Deputy Minister (Intergovernmental Affairs) Privy Council Office
Comptroller General of Canada
Any position to which the office holder is appointed pursuant to paragraph 127.1(1)(a) or (b) of the Public Service Employment Act
The position of member of the House of Commons
The position of member of the Senate
Any position on the staff of the Leader of the Opposition in the House of Commons or on the staff of the Leader of the Opposition in the Senate, that is occupied by a person appointed pursuant to subsection 128(1) of the Public Service Employment Act
SOR/2010-192, s. 1.
Current to June 20, 2022 Last amended on September 20, 2010
|
CONSOLIDATION
Dairy Products Marketing Regulations
SOR/94-466
Current to June 20, 2022 Last amended on January 29, 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 January 29, 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 January 29, 2009
TABLE OF PROVISIONS Regulations Regulating the Marketing of Dairy Products 1
Short Title
Interpretation
Application
Canadian Requirements
Federal Quota
Powers of a Board
Licensing
Designated Boards
Levies and Charges
Books and Records
Seizure and Disposal SCHEDULE
Current to June 20, 2022 Last amended on January 29, 2009
ii
Registration SOR/94-466 June 23, 1994
CANADIAN DAIRY COMMISSION ACT Dairy Products Marketing Regulations
P.C. 1994-1069
June 23, 1994
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture, pursuant to section 12 of the Canadian Dairy Commission Act, is pleased hereby to make the annexed Regulations regulating the marketing of dairy products.
Current to June 20, 2022 Last amended on January 29, 2009
Regulations Regulating the Marketing of Dairy Products
Short Title 1 These Regulations may be cited as the Dairy Products Marketing Regulations.
Interpretation 2 In these Regulations,
Act means the Canadian Dairy Commission Act; (Loi) Board means a body that is constituted under the laws of a province for the purpose of regulating the production for marketing, or the marketing, in intraprovincial trade of any dairy product, and that is a signatory to the federal-provincial agreement known as the National Milk Marketing Plan, as amended from time to time; (office) Committee means the Canadian Milk Supply Management Committee that was created pursuant to the National Milk Marketing Plan, as amended from time to time; (Comité) cream [Repealed, SOR/2001-14, s. 1] dairy product [Repealed, SOR/2001-14, s. 1] dairy year means the 12-month period beginning on each August 1 after the coming into force of these Regulations; (année laitière) federal licence means a licence referred to in section 7; (permis fédéral) federal quota means the total quantity of milk or cream, including any component of milk or cream, authorized to be allotted pursuant to these Regulations for the production for marketing, or the marketing, in interprovincial or export trade of any dairy product; (quota fédéral) marketing includes selling, reselling, offering for sale, buying, pricing, assembling, packing, handling, storing, delivering and transporting; (commercialisation) milk [Repealed, SOR/2001-14, s. 1] provincial quota means the total quantity of milk or cream, including any component of milk or cream, authorized under the laws of a province to be allotted by a
Current to June 20, 2022 Last amended on January 29, 2009
Dairy Products Marketing Regulations Interpretation Sections 2-4
Board for the production for marketing, or the marketing, in intraprovincial trade of any dairy product. (quota provincial) WTO Agreement [Repealed, SOR/2005-290, s. 1] SOR/2001-14, s. 1; SOR/2005-290, s. 1.
2.1 [Repealed, SOR/2005-290, s. 2]
Application 3 (1) These Regulations apply in respect of the production for marketing, or the marketing, in interprovincial or export trade of dairy products. (2) These Regulations do not apply in respect of the production for marketing, or the marketing, in interprovincial trade of milk or cream in liquid form for consumer use. (3) [Repealed, SOR/2005-290, s. 3] SOR/2001-14, s. 3; SOR/2005-290, s. 3.
Canadian Requirements 4 (1) Before the beginning of a dairy year, the Commission shall calculate the Canadian requirements for milk and cream for that dairy year for use as or in dairy products. (2) The Canadian requirements for milk and cream in respect of a dairy year shall be calculated on the basis of estimates, prepared by the Commission, of the quantity of milk or cream, for use as or in dairy products, (a) that, during the previous dairy year, was (i) produced for all markets in all of the provinces
in which there is a Board, (ii) used in dairy products imported into and exported from Canada, and (iii) used in dairy products held by the Commission in inventory; and (b) that is anticipated to be in demand during the dairy year.
Current to June 20, 2022 Last amended on January 29, 2009
Dairy Products Marketing Regulations Canadian Requirements Sections 4-7
(3) The Commission may, from time to time during a dairy year, adjust its calculation of the Canadian requirements, based on the actual levels of production, use and demand during that dairy year.
Federal Quota 5 (1) The portion of the federal quota that each Board
shall have available to allot in a dairy year shall be determined before the beginning of the dairy year by the unanimous agreement of the Committee, after it has taken into consideration the Canadian requirements referred to in subsection 4(1). (2) Any adjustment that is required in respect of the portion of the federal quota referred to in subsection (1) shall be determined by the unanimous agreement of the Committee as soon as possible after an adjustment to the Canadian requirements is made pursuant to subsection 4(3). (3) A Board is authorized to allot any of the portion of
the federal quota of the province in which the Board has jurisdiction to any person who is entitled, or to suspend or cancel any of that portion that has been allotted. (4) If a Board allots to a person a share of the portion of
the federal quota of the province in which the Board has jurisdiction, it shall do so at the same time as it allots a share of the provincial quota to that person.
Powers of a Board 6 For the purposes of subsection 5(3), a Board may (a) exercise all or any powers like the powers that may
be exercised, (b) apply all or any criteria like the criteria that are applied, and (c) administer all or any rules like the rules that are administered
by the Board in relation to the entitlement to, and allotment, suspension or cancellation of provincial quota. SOR/2001-14, s. 4.
Licensing 7 (1) The Commission shall cause a federal licence to be
issued only to a person
Current to June 20, 2022 Last amended on January 29, 2009
Dairy Products Marketing Regulations Licensing Sections 7-9
(a) to whom a share of the portion of the federal quota
has been allotted; (b) who is registered as a milk producer with, or is licensed as a cream producer by, the Manitoba Milk Producers; or (c) who is licensed as a producer under the Milk Act of Ontario. (2) A federal licence is valid only so long as the person
who holds it continues to (a) hold a share of the federal quota; (b) be registered as a milk producer with, or licensed
as a cream producer by, the Manitoba Milk Producers; or (c) be licensed as a producer under the Milk Act of
Ontario. (3) No person shall engage in the marketing in interprovincial or export trade of a dairy product unless the dairy product is, or is made from, milk or cream that is produced by a person who holds a federal licence. (4) Subsection (3) applies to a dairy product that is, or is made from, milk or cream that is produced in Canada. SOR/2001-14, s. 5; SOR/2005-290, s. 4; SOR/2009-19, s. 1.
7.1 [Repealed, SOR/2005-290, s. 5]
Designated Boards 8 Where, pursuant to provincial law, a dairy product is
required to be marketed in intraprovincial trade by or through a Board, or to a person designated by a Board, that dairy product shall only be marketed in interprovincial or export trade by or through that Board, or to the person designated by that Board.
Levies and Charges 9 The Commission is authorized to fix, impose and collect levies or charges from persons engaged in the marketing of any dairy product in interprovincial or export trade or the production or processing of any dairy product for marketing in interprovincial or export trade, and may classify those persons into groups, fix the levies or charges payable by the members of the different groups
Current to June 20, 2022 Last amended on January 29, 2009
Dairy Products Marketing Regulations Levies and Charges Sections 9-12
and use those levies or charges for the purpose of carrying out its functions under the Act.
Books and Records 10 Every person who is engaged in the production or
processing of a dairy product for marketing in interprovincial or export trade shall maintain complete and accurate books and records of all matters relating to that production or processing and shall make those books and records available to the Commission on its request. 10.1 [Repealed, SOR/2005-290, s. 6]
Seizure and Disposal 11 (1) An inspector appointed under the Act may seize any dairy product that the inspector believes on reasonable grounds was marketed in interprovincial or export trade in contravention of these Regulations. (2) An inspector who seizes a perishable dairy product under these Regulations shall dispose of it, and any proceeds realized from its disposal shall be credited to the Canadian Dairy Commission Account. (3) If a person from whom a dairy product has been seized is found not to have contravened the provision in respect of which the dairy product was seized, the Commission shall surrender the dairy product or proceeds to the person. SOR/2001-14, s. 8.
12 [Repealed, SOR/2001-14, s. 9]
Current to June 20, 2022 Last amended on January 29, 2009
Dairy Products Marketing Regulations SCHEDULE
SCHEDULE [Repealed, SOR/2005-290, s. 7]
Current to June 20, 2022 Last amended on January 29, 2009
|
CONSOLIDATION
Delegation of Powers (Customs) Regulations
SOR/86-359
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 Delegating Powers Conferred by Section 163 of the Customs Act Upon the Minister of National Revenue 1
Short Title
General SCHEDULE
Current to June 20, 2022
ii
Registration SOR/86-359 March 25, 1986
CUSTOMS ACT Delegation of Powers (Customs) Regulations
The Minister of National Revenue, pursuant to subsection 163(2) of the Customs Act, hereby revokes the Delegation of Powers (Customs) Regulations made on the 12th of October, 1984* and, in substitution therefor, makes the annexed Regulations delegating powers conferred by section 163 of the Customs Act upon the Minister of National Revenue. Ottawa, March 25, 1986 ELMER MacKAY Minister of National Revenue
*
SOR/84-807, 1984 Canada Gazette Part II, p. 3965
Current to June 20, 2022
Regulations Delegating Powers Conferred by Section 163 of the Customs Act Upon the Minister of National Revenue
Short Title 1 These Regulations may be cited as the Delegation of Powers (Customs) Regulations.
General 2 The officers named in the schedule may exercise the powers conferred upon the Minister of National Revenue by section 163 of the Customs Act.
Current to June 20, 2022
Delegation of Powers (Customs) Regulations SCHEDULE
SCHEDULE (Section 2)
Ruth Hubbard
Deputy Minister of National Revenue for Customs and Excise
J.C. Yvon Charlebois Assistant Deputy Minister of National Revenue, Customs and Excise
Sheila Kathryn Batchelor
Assistant Deputy Minister of National Revenue, Customs and Excise
Gaëtan Gilles Bélec
Assistant Deputy Minister of National Revenue, Customs and Excise
Robert Frederick Thompson
Director, Adjudications Division
Joseph Jacques Ernest Robin
Chief, Adjudications Division
Denis Patrick Michael McGuire
Chief, Adjudications Division
David Norman Bellefeuille
Adjudicator of complex cases
Norman Lawrence Woram
Adjudicator of complex cases
Joseph Anatoine Jean Bérubé
Adjudicator of complex cases
SOR/86-1076, s. 1; SOR/88-405, s. 1.
Current to June 20, 2022
|
CONSOLIDATION
Disclosure of Tax (GST/HST) Regulations
SOR/91-38
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 Disclosure of Tax (GST/HST) Regulations 2
Prescribed Manner of Disclosure
Current to June 20, 2022
ii
Registration SOR/91-38 December 18, 1990
EXCISE TAX ACT Disclosure of Tax (GST/HST) Regulations P.C. 1990-2747
December 18, 1990
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 277(1)* of the Excise Tax Act, is pleased hereby to make the annexed Regulations prescribing the manner of disclosure by a registrant of the goods and services tax payable.
*
S.C. 1990, c. 45, s. 12
Current to June 20, 2022
Disclosure of Tax (GST/HST) Regulations
1 [Repealed, SOR/2002-277, s. 14]
Prescribed Manner of Disclosure 2 (1) For the purposes of subsection 223(1) of the Excise Tax Act, the prescribed manner is giving clearly visible notice to the recipient of a taxable supply at the place where the supply is made. (2) In the case of a supply of a telephone service made by
means of a coin-operated telephone, the prescribed manner is either the manner set out in subsection (1) or giving notice in the telephone directories issued by the supplier of the rates of tax set out in subsection 165.1(1) of the Excise Tax Act. (3) In the case of a supply of a parking space for which
the consideration is paid by depositing coins in a parking meter, the prescribed manner is either the manner set out in subsection (1) or giving public notice that the price for the supply includes the tax. SOR/2002-277, s. 15.
Current to June 20, 2022
|
CONSOLIDATION
Dauphin Airport Zoning Regulations
SOR/87-604
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 Dauphin Airport
Short Title
Interpretation
Application
General
Natural Growth
Disposal of Waste SCHEDULE
Current to June 20, 2022
ii
Registration SOR/87-604 October 15, 1987
AERONAUTICS ACT Dauphin Airport Zoning Regulations P.C. 1987-2149
October 15, 1987
Whereas, pursuant to section 4.5 of the Aeronautics Act, a copy of the proposed Zoning Regulations respecting Dauphin Airport, substantially in the form set out in the schedule hereto, was published in two successive issues of the Canada Gazette Part I on June 6th and 13th, 1987, and in two successive issues of The Daily Bulletin on June 29th and July 3rd, 1987, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.4 of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting zoning at Dauphin Airport.
Current to June 20, 2022
Regulations Respecting Zoning at Dauphin Airport
Short Title 1 These Regulations may be cited as the Dauphin Airport Zoning Regulations.
Interpretation 2 (1) In these Regulations,
airport means the Dauphin Airport in the vicinity of Dauphin, in the Province of Manitoba; (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 300 m above sea level. SOR/92-112, s. 1.
Current to June 20, 2022
Dauphin 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. SOR/92-112, s. 2(F).
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. SOR/92-112, s. 3(F).
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. SOR/92-112, s. 4.
Disposal of Waste 6 No owner or occupier of any land to which these Regulations apply shall permit that land or any part of it to be used for the disposal of any waste that is edible by or attractive to birds. SOR/92-112, s. 5(F).
Current to June 20, 2022
Dauphin Airport Zoning Regulations SCHEDULE
SCHEDULE (ss. 2 and 3)
PART I
Description of the Airport Reference Point The airport reference point shown on Dauphin Airport Zoning Plan E2186 dated September 10, 1986, is a point being the mid-point on the centre line of runway 14-32 with 6° U.T.M. grid coordinates of Northing 5 661 443.495 m and Easting 426 278.779 m.
PART II
Description of the Approach Surfaces The approach surfaces, shown on Dauphin Airport Zoning Plan No. E2186 dated September 10, 1986, are surfaces abutting each end of the strips associated with the runways designated 08-26 and 14-32 and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 08 consisting of an inclined plane having a ratio of 1 m measured vertically to 25 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 3 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 330 m from the projected centre line; said imaginary horizontal line being 120 m measured vertically above the elevation at the end of the strip; (b) a surface abutting the end of the strip associated with runway approach 26 consisting of an inclined plane having a ratio of 1 m measured vertically to 25 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 3 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 330 m from the projected centre line; the said imaginary horizontal line being 120 m measured vertically above the elevation at the end of the strip; (c) a surface abutting the end of the strip associated with runway approach 14 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 3 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 525 m from the projected centre line; said imaginary horizontal line being 75 m measured vertically above the elevation at the end of the strip; and (d) a surface abutting the end of the strip associated with runway approach 32 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
Current to June 20, 2022
Dauphin Airport Zoning Regulations SCHEDULE
right angles to the projected centre line of the strip and distant 3 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 525 m from the projected centre line; said imaginary horizontal line being 75 m measured vertically above the elevation at the end of the strip.
PART III
Description of the Outer Surface The outer surface, shown on Dauphin Airport Zoning Plan No. E2186 dated September 10, 1986, 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 Dauphin Airport Zoning Plan No. E2186 dated September 10, 1986, are described as follows: (a) the strip associated with runway 08-26, being 60 m in width, 30 m on each side of the centre line of the runway and 958 m in length; and (b) the strip associated with runway 14-32, being 150 m in width, 75 m on each side of the centre line of the runway and 1 644 m in length.
PART V
Description of Each Transitional Surface The transitional surfaces, shown on Dauphin Airport Zoning Plan E2186 dated September 10, 1986, are described as follows: (a) the transitional surface associated with runway 08-26 is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 5 m measured horizontally at right angles to the centre line and projected centre line of the strip extending upward and outward from the lateral limits of the strip and its approach surfaces to an intersection with the outer surface or another transitional surface of an adjoining strip; and (b) the transitional surface associated with runway 14-32 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
Current to June 20, 2022
Dauphin Airport Zoning Regulations SCHEDULE
the strip extending upward and outward from the lateral limits of the strip and its approach surfaces to an intersection with the outer surface or another transitional surface on an adjoining strip.
PART VI
Description of the Outer Limits of Lands The boundary of the outer limits of lands, shown on Dauphin Airport Zoning Plan No. E2186 dated September 10, 1986, is described as follows: Commencing at the northeast corner of Section 36, Township 24, Range 19, West of the Principal Meridian; thence southerly along the easterly limits of Sections 36, 25, 24 and across the intervening road allowances to an intersection with the northerly limit of Plan 1426 Dauphin Land Titles; thence westerly along the northerly limit of said Plan 1426 to an intersection with the westerly limit of the southeast quarter Section 24; thence southerly across the road and along the easterly limit of the northwest quarter Section 13 to the southeast corner thereof; thence westerly along the southerly limit of the said northwest quarter Section 13 and across the road allowance to the northeast corner of the southeast quarter Section 14; thence southerly along the easterly limit of said southeast quarter Section 14 to the southeast corner thereof; thence westerly along the southerly limit of Section 14 and across the road allowance to the southeast corner of Section 15; thence southerly across the road allowance and along the easterly limit of the north half Section 10 to the southeast corner thereof; thence westerly along the southerly limit of the said north half Section 10 to an intersection with the easterly limit of Plan 1104 Dauphin Land Titles; thence northerly along the said easterly limit of Plan 1104 and across the road allowance to an intersection with the southerly limit of the southwest quarter Section 15; thence westerly along the southerly limits of the said southwest quarter Section 15, Section 16, southeast quarter Section 17 and across the intervening roads to an intersection with the easterly limit of Plan 2085 Dauphin Land Titles; thence northerly along the easterly limit of said Plan 2085 to an intersection with the southerly limit of the north half of Section 17; thence westerly along the southerly limit of said north half Section 17 to the southwesterly corner thereof, thence northerly along the westerly limits of said north half Section 17, Sections 20, 29, 32 and across the intervening road allowances to the northwest corner of the northwest quarter Section 32; thence easterly along the northerly limit of the said northwest quarter Section 32 to the northeast corner thereof; thence northerly across the road allowance and along the westerly limit of the southeast quarter Section 5, Township 25, Range 19, West of Principal Meridian to the northwest corner thereof; thence easterly along the northerly limit of said southeast quarter Section 5 and its production to an intersection with the easterly limit of Plan 1898 Dauphin Land Titles; thence northerly along the easterly limit of said Plan 1898 to an intersection with the northerly limit of section 4; thence easterly along the northerly limits of Sections 4, 3, 2 and across intervening roads to an intersection with the southwesterly limit of Plan 247 Dauphin Land Titles; thence southeasterly along the
Current to June 20, 2022
Dauphin Airport Zoning Regulations SCHEDULE
southwesterly limit of said Plan 247 and across the intervening road allowance to an intersection with the easterly limit of the southwest quarter Section 1; thence southerly along the easterly limit of said southwest quarter Section 1 and across the road allowance to the northwest corner of the northeast quarter Section 36, Township 24, Range 19, West of the Principal Meridian; thence easterly along the northerly limit of said northeast quarter Section 36 to the point of commencement. SOR/92-112, ss. 6(F), 7(F), 8, 9, 10(F) to 12(F); SOR/92-672, s. 1(E).
Current to June 20, 2022
|
CONSOLIDATION
Dawson Creek Airport Zoning Regulations
SOR/87-375
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 Regulations Respecting Zoning at Dawson Creek Airport 1
Short Title
Interpretation
Application
General
Natural Growth
Disposal of Waste SCHEDULE
Current to June 20, 2022
ii
Registration SOR/87-375 June 25, 1987
AERONAUTICS ACT Dawson Creek Airport Zoning Regulations P.C. 1987-1254
June 25, 1987
Whereas, pursuant to section 4.5 of the Aeronautics Act, a copy of the proposed Zoning regulations respecting Dawson Creek Airport, substantially in the form set out in the schedule hereto, was published in the Canada Gazette, Part I on September 27, 1986 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.4 of the Aeronautics Act, is pleased hereby to make the annexed Regulations respecting zoning at Dawson Creek Airport.
Current to June 20, 2022
Regulations Respecting Zoning at Dawson Creek Airport
Short Title 1 These Regulations may be cited as the Dawson Creek
Airport Zoning Regulations.
Interpretation 2 (1) In these Regulations,
airport means the Dawson Creek Airport at Dawson Creek, in the Peace River-Liard Regional District, in the Province of British Columbia; (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 assigned
elevation of the airport reference point is deemed to be 653.8 m above sea level.
Current to June 20, 2022
Dawson Creek 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 growth or the excessive portion thereof.
Disposal of Waste 6 No owner or occupier of any land to which these Regulations apply shall permit that 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
Dawson Creek Airport Zoning Regulations SCHEDULE
SCHEDULE (ss. 2 and 3)
PART I
Description of the Airport Reference Point The airport reference point shown on Department of Transport Dawson Creek Airport Zoning Plan No. (Z) B.C. 1690, dated November 23, 1984, is marked by a brass monument set in concrete being a point distant 76.492 m measured southerly and perpendicular to the centre line of Runway 06-24 from a point thereon distant 784.035 m measured westerly along the said centre line from the end of runway 24, and having UTM co-ordinates of 6,180,705.080 North, 676,910.156 East.
PART II
Description of the Approach Surfaces The approach surfaces, shown on Department of Transport Dawson Creek Airport Zoning Plan No. (Z) B.C. 1690 dated November 23, 1984 are surfaces abutting each end of the strip associated with runway 06-24 and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 06 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 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 24 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 3 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 600 m from the projected centre line; said imaginary horizontal line being 75 m measured vertically above the elevation at the end of the strip.
Current to June 20, 2022
Dawson Creek Airport Zoning Regulations SCHEDULE
PART III
Description of the Outer Surface The outer surface, shown on Department of Transport Dawson Creek Airport Zoning Plan No. (Z) B.C. 1690 dated November 23, 1984, 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 that 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 IV
Description of the Strip The strip associated with runway 06-24, as shown on Department of Transport Dawson Creek Airport Zoning Plan No. (Z) B.C. 1690 dated November 23, 1984, is described as being 300 m in width, 150 m being on each side of the centre line of the runway, and 1 948.9 m in length.
PART V
Description of Each Transitional Surface Each transitional surface, shown on Department of Transport Dawson Creek Airport Zoning Plan No. (Z) B.C. 1690 dated November 23, 1984, 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 centre line produced of the strip 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 Department of Transport Dawson Creek Airport Zoning Plan No. (Z) B.C. 1690 dated November 23, 1984 is described as follows: COMMENCING at the southeast corner of the remainder of the north half of Section 3, Township 78, Range 15, west of the 6th Meridian;
Current to June 20, 2022
Dawson Creek Airport Zoning Regulations SCHEDULE
THENCE, northwesterly to a point on the southern limit of the approach surface associated with Runway Approach 06, which point lies on a line drawn at right angles to the projected centre line of the strip associated with the said Runway Approach 06 and distant 2 235.0 m westerly from the end of the said strip; THENCE, on an azimuth of 353°45′02″ and following the said line and the said line produced to the point of intersection with the northern limit of the said approach surface associated with Runway Approach 06; THENCE, northerly to the northwest corner of Lot 1, Block 10, Plan 8586; THENCE, northeasterly across 116th Avenue and Lot 1, Plan 7353 to the northeast corner of said Lot 1, Plan 7353; THENCE, northeasterly across 8th Street to the southwest corner of Lot A, Plan 23597; THENCE, northerly along the easterly boundary of said 8th Street to the Northwest corner of Plan B-5875; THENCE, northeasterly across 107th Avenue to the southwest corner of Lot 2, Plan 26535; THENCE, northerly along the westerly boundary of said Lot 2, Plan 26535, to the southwest corner of Lot 1, Plan 26535; THENCE, easterly along the southerly boundary of said Lot 1, Plan 26535, to the southeast corner of said Lot 1, Plan 26535; THENCE, northerly along the easterly boundary of said Lot 1, Plan 26535, to the northeast corner of said Lot 1, Plan 26535; THENCE, northeasterly across 106th Avenue to the southwest corner of Lot 1, Block 1, Plan 5526; THENCE, northerly along the easterly boundary of 7th Street to the northwest corner of Lot 3, Plan 21051; THENCE, easterly along the northerly boundary of said Lot 3, Plan 21051, to the northeast corner of said Lot 3, Plan 21051; THENCE, easterly across a road to the northwest corner of Lot 1, Plan 6423; THENCE, easterly along the northerly boundary of said Lot 1, Plan 6423, to the northeast corner of said Lot 1, Plan 6423; THENCE, northeasterly across a road as shown on Plan H-829, and Plan A-950, and a railway as shown on Plan A-754, to the southeast corner of Lot A, Plan 14192; THENCE, northwesterly along the southerly boundary of said Lot A, Plan 14192, to the southwest corner of said Lot A, Plan 14192; THENCE, northeasterly along the westerly boundary of said Lot A, Plan 14192 to the northwest corner of said Lot A, Plan 14192;
Current to June 20, 2022
Dawson Creek Airport Zoning Regulations SCHEDULE
THENCE, northeasterly across Wilson Road, remainder of Lot 1, Plan 10879, and 100 B Avenue to the southwest corner of Lot 4, Plan 23044; THENCE, northerly along the westerly boundary of said Lot 4, Plan 23044, to the northwest corner of said Lot 4, Plan 23044; THENCE, easterly along the northerly boundary of said Lot 4, Plan 23044, to the northeast corner of said Lot 4, Plan 23044; THENCE, northeasterly to the northeast corner of the remainder of the northeast quarter of Section 14, Township 78, Range 15, West of the 6th Meridian; THENCE, easterly across a road to the northwest corner of Section 13, Township 78, Range 15, West of the 6th Meridian; THENCE, easterly along the northerly boundary of said Section 13, to the northeast corner of said Section 13; THENCE, easterly across a road to the northwest corner of Parcel A (E11928) of the northwest quarter of Section 18, Township 78, Range 14, west of the 6th Meridian; THENCE, southeasterly to the southeast corner of said Parcel A (E11928); THENCE, southeasterly to the northeast corner of the southeast quarter of said Section 18; THENCE, easterly across a road as shown on Plan H24 to the northwest corner of the southwest quarter of Section 17, Township 78, Range 14, west of the 6th Meridian; THENCE, southerly to the northwest corner of the northwest quarter of Section 8, Township 78, Range 14, west of the 6th Meridian; THENCE, southeasterly to a point on the northern limit of the approach surface associated with Runway Approach 24, which point lies on a line drawn at right angles to the projected centre line of the strip associated with the said Runway Approach 24 and distant 1 800.0 m easterly from the end of the said strip; THENCE, on an azimuth of 173°45′02″ and following the said line and the said line produced to the point of intersection with the southern limit of the said approach surface associated with Runway Approach 24; THENCE, southeasterly to the southeast corner of the remainder of the southwest quarter of Section 8, Township 78, Range 14, west of the 6th Meridian; THENCE, southwesterly to the southwest corner of Section 5, Township 78, Range 14, west of the 6th Meridian; THENCE, southwesterly across a road to the northeast corner of Section 31, Township 77, Range 14, west of the 6th meridian; THENCE, southwesterly to the southeast corner of Parcel A, Plan 21730;
Current to June 20, 2022
Dawson Creek Airport Zoning Regulations SCHEDULE
THENCE, southerly across a road to the northeast corner of the southwest quarter of said Section 31; THENCE, along the northerly boundary of said southwest quarter of Section 31, to the northwest corner of said southwest quarter of Section 31; THENCE, westerly across a road to the southeast corner of the northeast quarter of Section 36, Township 77, Range 15, west of the 6th Meridian; THENCE, westerly to the southwest corner of the northwest quarter of said Section 36; THENCE, westerly across a road to the southeast corner of the northeast quarter of Section 35, Township 77, Range 15, west of the 6th Meridian; THENCE, northwesterly to the northwest corner of said northeast quarter of Section 35; THENCE, northerly across a road to the southeast corner of the remainder of the southwest quarter of Section 2, Township 78, Range 15, west of the 6th Meridian; THENCE, northwesterly to the northwest corner of Parcel A (A9434); THENCE, westerly across a road to the point of commencement.
Current to June 20, 2022
|
CONSOLIDATION
Dairy Products Regulations
[Repealed, SOR/2018-108, s. 411]
Current to June 20, 2022 Last amended on January 15, 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 15, 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 15, 2019
TABLE OF PROVISIONS Regulations Respecting the Registration of Establishments, the Operation and Maintenance of Registered Establishments, the Grading, Inspection, Packing and Labelling of Dairy Products and International and Interprovincial Trade in Dairy Products
Current to June 20, 2022 Last amended on January 15, 2019
ii
|
CONSOLIDATION
Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations
SOR/2001-471
Current to June 20, 2022 Last amended on June 10, 2021
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 10, 2021. 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 10, 2021
TABLE OF PROVISIONS Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations
Interpretation 1
Definition of Act
Oral Disclosure 2
Information to be provided orally
Written Disclosure 3
Deemed time of disclosure
Coming into Force 4
Coming into force
Current to June 20, 2022 Last amended on June 10, 2021
ii
Registration SOR/2001-471
November 1, 2001
BANK ACT Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations
P.C. 2001-2015
November 1, 2001
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 562a, subsection 564(6)b and section 978c of the Bank Act d, hereby makes the annexed Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations.
a
S.C. 1999, c. 28, s. 35(1)
b
S.C. 2001, c. 9, s. 151(2)
c
S.C. 2001, c. 9, s. 183
d
S.C. 1991, c. 46
Current to June 20, 2022 Last amended on June 10, 2021
Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations
Interpretation Definition of Act 1 In these Regulations, Act means the Bank Act.
Oral Disclosure Information to be provided orally 2 (1) For the purpose of subsection 564(3) of the Act, the
following information is prescribed as the information to be provided to the customer orally: (a) the fact that the customer is receiving by telephone
only part of the information relating to the deposit account charges and terms and that full disclosure in writing will be provided within seven business days after the account is opened; (b) the fact that the customer may, within 14 business days after the deposit account has been opened, close the account without charge and, in such a case, is entitled to a refund of any charges related to the operation of the account, other than interest charges, incurred while the account was open; (c) for a fixed-rate interest-bearing deposit account,
the interest rate applicable to the account and how the amount of interest to be paid is to be calculated; (d) for a variable-rate interest-bearing deposit account, the current interest rate, the manner by which the rate and amount of interest to be paid is to be calculated, and how, in the future, the customer may obtain information on the interest rate applicable to the account; (e) [Repealed, SOR/2021-126, s. 2] (f) for a deposit account that does not have a fixed monthly charge for a service package, the applicable charges for monthly statements of account, passbook updates, cash withdrawals, cheque withdrawals, debit payment purchases, preauthorized debits, bill payments, transfers between accounts and, if cheques are offered to the customer at the time the account is opened, cheque orders; and
Current to June 20, 2022 Last amended on June 10, 2021
Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations Oral Disclosure Sections 2-4
(g) for a deposit account that has a fixed monthly
charge for a service package, (i) the principal features of the package, including the monthly charge, the number and type of permitted transactions per billing cycle, and (ii) the applicable charges for additional transactions described in paragraph (f).
Generic terms permitted (2) An authorized foreign bank may, for the purpose of providing the information required under paragraphs (1)(f) and (g), group similar types of transactions for which the authorized foreign bank charges the same amount under a generic term. SOR/2021-126, s. 2.
Written Disclosure Deemed time of disclosure 3 For the purpose of subsection 564(4) of the Act, if an
authorized foreign bank sends the agreement and information referred to in subsection 564(1) of the Act to a customer by mail, they are deemed to have been provided by the authorized foreign bank to the customer on the fifth day after the postmark date on the agreement and information. SOR/2009-54, s. 1.
Coming into Force 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 June 10, 2021
Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations AMENDMENTS NOT IN FORCE
AMENDMENTS NOT IN FORCE — SOR/2021-181, par. 122 (h) 122 The following Regulations are repealed: (h) the Disclosure on Account Opening by Telephone Request (Authorized Foreign Banks) Regulations19;
SOR/2001-471
Current to June 20, 2022 Last amended on June 10, 2021
|
CONSOLIDATION
Direction to the CRTC (Reservation of Frequencies for Toronto) Order
SOR/98-284
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 Direction to the CRTC (Reservation Of Frequencies For Toronto) Order 1
Direction
Coming into Force
Current to June 20, 2022
ii
Registration SOR/98-284 May 7, 1998
BROADCASTING ACT Direction to the CRTC (Reservation of Frequencies for Toronto) Order P.C. 1998-800
May 7, 1998
Whereas it is anticipated that the Canadian Broadcasting Corporation will no longer use frequencies 740 kHz in Toronto and 93.5 MHz in Peterborough, Ontario; Whereas there is public demand for another radio station on the FM band and public pressure for a timely response to that demand; Whereas, at the public hearing that led to Decision CRTC 97-362 of July 29, 1997, the joint use of frequencies 740 kHz on the AM band and 93.5 MHz on the FM band was discussed; Whereas the possible joint use of 740 kHz on the AM band and 93.5 MHz or any other appropriate frequency on the FM band remains an option to be explored; And whereas, pursuant to subsection 26(4) of the Broadcasting Acta, the Minister of Canadian Heritage has consulted with the Canadian Radio-television and Telecommunications Commission with regard to the annexed Direction to the CRTC (Reservation of Frequencies for Toronto) Order; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to paragraph 26(1)(b) of the Broadcasting Acta, hereby makes the annexed Direction to the CRTC (Reservation of Frequencies for Toronto) Order.
a
S.C. 1991, c. 11
Current to June 20, 2022
Direction to the CRTC (Reservation Of Frequencies For Toronto) Order
Direction 1 The Canadian Radio-television and Telecommunications Commission is hereby directed to reserve frequency 93.5 MHz or any other appropriate frequency on the FM band and frequency 740 kHz on the AM band, for the use of radio services in Toronto which will contribute to the achievement of the objectives of the Canadian broadcasting policy set out in subparagraph 3(1)(d)(iii) of the Broadcasting Act.
Coming into Force 2 This Order comes into force on May 7, 1998.
Current to June 20, 2022
|
CONSOLIDATION
Definition of Settler for the Purpose of Tariff Item No. 9807.00.00 Regulations
SOR/2005-257
Current to June 20, 2022 Last amended on August 15, 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 August 15, 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 August 15, 2019
TABLE OF PROVISIONS Definition of Settler for the Purpose of Tariff Item No. 9807.00.00 Regulations 1
Settler
Repeal
Coming into Force
Current to June 20, 2022 Last amended on August 15, 2019
ii
Registration SOR/2005-257
August 31, 2005
CUSTOMS TARIFF Definition of Settler for the Purpose of Tariff Item No. 9807.00.00 Regulations P.C. 2005-1498
August 31, 2005
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subparagraph 133(h)(i) of the Customs Tariffa, hereby makes the annexed Definition of Settler for the Purpose of Tariff Item No. 9807.00.00 Regulations.
a
S.C. 1997, c. 36
Current to June 20, 2022 Last amended on August 15, 2019
Definition of Settler for the Purpose of Tariff Item No. 9807.00.00 Regulations
Settler 1 For the purpose of tariff item No. 9807.00.00, settler
means any person who enters Canada with the intention of establishing, for the first time, a residence for a period of not less than 12 months, but does not include a person who enters Canada for the purpose of (a) employment for a period not exceeding 36 months; (b) studying at an educational institution; or (c) performing preclearance activities on behalf of the
Government of the United States under the terms of the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America, done at Washington on March 16, 2015. SOR/2019-183, s. 12.
Repeal 2 [Repeal]
Coming into Force 3 These Regulations come into force on the day
on which they are registered.
Current to June 20, 2022 Last amended on August 15, 2019
|
CONSOLIDATION
Denim Apparel Fabrics Remission Order
SOR/88-333
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 Remission of Customs Duties on Denim Apparel Fabrics 1
Short Title
Interpretation
Remission of Customs Duties to Denim Fabric Producers
Remission of Customs Duties to Apparel Manufacturers
Conditions
Current to June 20, 2022
ii
Registration SOR/88-333 June 23, 1988
CUSTOMS TARIFF Denim Apparel Fabrics Remission Order
P.C. 1988-1245
June 23, 1988
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 101 of the Customs Tariff*, is pleased hereby to make the annexed Order respecting the remission of customs duties on denim apparel fabrics.
*
S.C. 1987, c. 49
Current to June 20, 2022
Order Respecting the Remission of Customs Duties on Denim Apparel Fabrics
Short Title 1 This Order may be cited as the Denim Apparel Fabrics Remission Order.
Interpretation 2 In this Order,
apparel does not include footwear, headwear, handwear, belts, ties, scarves, hosiery and other accessories; (vêtement) apparel manufacturer means a person in Canada that (a) owns the denim fabrics at the time he uses them in the manufacture of apparel, (b) is primarily engaged in the design of apparel and in the marketing of apparel to retail, corporate, industrial or institutional clients, and (c) meets one of the following requirements: (i) the person owns or leases the equipment and
premises in Canada in which he manufactures apparel made from denim fabric and in which he performs at least part of the cutting or sewing of the apparel, with the rest, where applicable, being contracted out in Canada, or (ii) where the cutting and sewing of apparel made from denim fabric are performed on the person’s behalf in Canada, he markets and sells the apparel to retail, corporate, industrial or institutional clients at arm’s length; (fabricant de vêtements)
Canadian denim fabric means a denim fabric produced in Canada by a denim fabric producer or a denim fabric produced in the United States that is imported into Canada by a denim fabric producer and in respect of which remission has been granted to the denim fabric producer under this Order; (tissu de denim canadien) denim fabric means a textile fabric consisting solely of cotton, or consisting of cotton mixed solely with polyester, and woven from a set of warp yarns dyed in a rope form or slasher-dyed with indigo paste or sulphur
Current to June 20, 2022
Denim Apparel Fabrics Remission Order Interpretation Sections 2-4
dye-stuffs, whether or not the fabric is overdyed to different colours after weaving, but does not include a denim fabric made on order for a department of the Government of Canada; (tissu de denim) denim fabric producer means a person in Canada that spins and dyes yarns, weaves the yarns into denim fabric and sells the denim fabric to an apparel manufacturer; (fabricant de tissus de denim) produced in Canada means, in respect of a denim fabric, woven and finished in Canada from yarns spun and dyed in Canada; (produit au Canada) produced in the United States means, in respect of a denim fabric, woven and finished in the United States from yarns spun and dyed in the United States or finished in Canada from yarns spun, dyed and woven in the United States; (produit aux États-Unis) volume means, in respect of a denim fabric, square metres of the fabric. (volume) SOR/89-83, s. 2.
Remission of Customs Duties to Denim Fabric Producers 3 Subject to sections 4 and 6, remission is hereby granted, for each of the 1989 to 1993 calendar years, of the customs duties paid or payable under the Customs Tariff on denim fabrics produced in the United States, imported by a denim fabric producer during the period beginning of January 1, 1989 and ending on December 31, 1993 and sold to an apparel manufacturer, in respect of a volume of denim fabrics that is equal to 20 per cent of the total volume of denim fabrics produced in Canada by the denim fabric producer in any calendar year and sold to an apparel manufacturer in the calendar year for which remission is claimed. SOR/89-83, s. 2.
4 (1) Where the total volume of denim fabrics produced
in Canada by a denim fabric producer in any calendar year and sold by the denim fabric producer in Canada to an apparel manufacturer in the calendar year for which
Current to June 20, 2022
Denim Apparel Fabrics Remission Order Remission of Customs Duties to Denim Fabric Producers Sections 4-6
remission is claimed is less than the total volume of denim fabrics produced by the denim fabric producer in any calendar year and sold in Canada by the denim fabric producer in the calendar year immediately preceding that year, the volume of denim fabrics in respect of which remission may be granted under section 3 for the following calendar year shall be reduced by 1.5 per cent for every 1 per cent or portion thereof of the decrease in volume. (2) Notwithstanding subsection (1), the reduction referred to in that subsection shall not be applied in the calculation of a remission under this Order in respect of the 1991 or 1992 calendar year. (3) Notwithstanding subsection (1), the reduction referred to in that subsection shall not be applied in the calculation of a remission under this Order in respect of the 1993 calendar year. SOR/89-83, s. 2; SOR/92-500, s. 2; SOR/94-678, s. 2.
Remission of Customs Duties to Apparel Manufacturers 5 Subject to section 6, remission is hereby granted, for
each of the 1989 to 1993 calendar years, of the customs duties paid or payable under the Customs Tariff on denim fabrics produced in the United States and imported into Canada by an apparel manufacturer during the period beginning on January 1, 1989 and ending on December 31, 1993, for use by him in the manufacture of apparel in Canada, at the following rate: (a) 100 per cent of the customs duties, where 80 per cent on more of the total volume of denim fabrics used by the apparel manufacturer in the manufacture of apparel in that calendar year is Canadian denim fabrics purchased from a denim fabric producer; or (b) 100 per cent of the customs duties minus 10 percentage points for every 1 percentage point or portion thereof by which the volume of Canadian denim fabrics purchased from a denim fabric producer and used by the apparel manufacturer in the manufacture of apparel in Canada is less than 80 per cent of the total volume of denim fabrics used by him in that calendar year.
Conditions 6 Remission is granted under this Order on condition that
Current to June 20, 2022
Denim Apparel Fabrics Remission Order Conditions Section 6
(a) the denim fabric producer or apparel manufacturer has not been paid, and has not claimed, a remission of the customs duties on the denim fabrics in accordance with the Shirting Fabrics Remission Order, 1988, the Outerwear Fabrics and Outerwear Apparel Remission Order or the Outerwear Greige Fabrics for Converting Remission Order; (b) a claim for remission is made to the Minister within three years after the day on which the denim fabrics are imported into Canada; (c) the denim fabric producer or apparel manufacturer provides the Minister with such information as may be required for the administration of this Order, in the form determined by the Minister; (d) the denim fabric producer or apparel manufacturer gives to the Minister, in respect of each calendar year for which remission is claimed by him under this Order and in order to ensure the performance by the denim fabric producer or the apparel manufacturer of the conditions of this Order, a guarantee bond or other security in an amount estimated by the Minister to be equal to the customs duties payable on the volume of denim fabric for which remission may be granted under section 3 or 5 or $1,000,000, whichever is the lesser; and (e) the denim fabric producer or apparel manufacturer provides the Minister of Regional Industrial Expansion with such reports respecting the manufacture of denim fabrics by the denim fabric producer or of apparel by the apparel manufacturer as may be requested by that Minister.
Current to June 20, 2022
|
CONSOLIDATION
Designating the Judges of Her Majesty’s Court of Queen’s Bench for Manitoba to Exercise all the Functions and Powers of a Judge Under the Act
SI/84-134
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 Designating the Judges of Her Majesty’s Court of Queen’s Bench for Manitoba to Exercise all the Functions and Powers of a Judge Under the Act
Current to June 20, 2022
ii
Registration SI/84-134 July 25, 1984
CANADA ELECTIONS ACT Designating the Judges of Her Majesty’s Court of Queen’s Bench for Manitoba to Exercise all the Functions and Powers of a Judge Under the Act
CANADA I, Donald James Johnston, Minister of Justice, by virtue of the authority vested in me under subparagraph (g)(iii) of the definition judge in subsection 2(1) of the Canada Elections Act, do hereby designate the following judges of Her Majesty’s Court of Queen’s Bench for Manitoba to exercise all the functions and powers conferred upon a judge by the Canada Elections Act: Chief Justice Archibald Stewart Dewar and in the Trial Division, Mr. Justice James Edward Wilson Mr. Justice Walter Scott Wright Mr. Justice Peter Scott Morse Mr. Justice Benjamin Hewak Mr. Justice Guy Joseph Kroft Mr. Justice John Ambrose Scollin Mr. Justice Vern Simonsen Mr. Justice Kenneth R. Hanssen Mr. Justice Michel Alfonse Monnin Mr. Justice Gordon Jacob Barkman Mr. Justice Lorne Paterson Ferg Mr. Justice Armand Dureault Mr. Justice Patrick David Ferg Mr. Justice Wallace Darichuk Mr. Justice Gerald Oliver Jewers Mr. Justice George Hepworth Lockwood Mr. Justice Daniel Patrick Kennedy Mr. Justice Clive Miller Madam Justice Caddie Ruth Krindle Mr. Justice James Gordon Smith Mr. Justice Sidney Irwin Schwartz Mr. Justice Theodore Myron Glowacki
Current to June 20, 2022
Designating the Judges of Her Majesty’s Court of Queen’s Bench for Manitoba to Exercise all the Functions and Powers of a Judge Under the
and Mr. Justice Bernard Raymond Coleman, a supernumerary judge of the Trial Division and in the Family Division, Associate Chief Justice Alvin Chown Hamilton Madam Justice Bonnie Merilyn Helper Madam Justice Claudia Myrna Bowman Mr. Justice Robert Maxwell Carr Mr. Justice Gilbert Raymond Goodman Mr. Justice Joseph A. Mullally and this document shall be evidence of their authority so to act. Ottawa, July 9, 1984 DONALD JAMES JOHNSTON Minister of Justice
Current to June 20, 2022
|